CRIM 1
CRIM 1
CRIM 1
It also refers to the scientific study of 1. Etiology of Crimes (Criminal Etiology) - the
crimes, criminals, and victims. It also deals scientific study of the causes of crimes and criminal
with the prevention and solutions of crime. behavior. This deals with the determination of
different origins, causes and factors that may bring
SOCIOLOGY
crime and criminal behavior.
Mother discipline of Criminology. It is the
Etiology - means origin, root cause
study of human society, its origin, structure,
functions and direction. 2. Penology (Penal Science) - the study of the
control of delinquencies and crime and the
SOCIOLOGICAL CRIMINOLOGY
rehabilitation of lawbreakers. This also refers to the science. Accordingly, general proposition of
process of crime prevention through the infliction of universal validity is the essence of science
fear of punishment.
Note: Penology came from two (2) Latin NATURE OF CRIMINOLOGY (SAND)
words, “Poena” (pain) and “Poenalis”
1. It is a social science because it studies crime as a
(punishment) which means pain or suffering
social phenomenon. Crime is a social problem which
and punishment, respectively
has a great impact on society.
3. Sociology of Law - refers to the examination of
2. It is applied science because criminology as a
the nature of criminal law and its administration.
body of knowledge has already established
Also deals with the different laws and its function to
universally accepted principles and concepts and
a society.
these are used by other fields of study.
Additionally: Some other authors suggest (INSTRUMENTATION)
that CRIMINALISTICS is another branch of
3. It is nationalistic because the study of
division or branch of criminology.
criminology takes into consideration the history, the
CRIMINALISTICS - the sum total application of entire culture and the social norms and the laws of the
science in crime detection. That profession and country. Each country has its own set of laws and
scientific discipline directed to the recognition, crimes are defined by the laws of the country.
identification, individualization, and evaluation of
4. It is dynamic because the concepts of criminology
physical evidence by application of the physical and
and their applications adapt to the changing time.
natural sciences to law sciences matters
PENAL COUPLE is a term that describes the a. Pre-impact – stage describe the victim’s
relationship between the victim and criminal. condition prior to being victimized.
He also coined the term VICTIMAL to b. Impact – the stage at which victimization
describe the victim counterpart of the occur.
criminal and the word VICTIMITY which
c. post-impact – stage which entails the
signifies the opposite of criminality.
degree and duration of personal and social
Another class of victim is the ‘LOSER’ or one
disorganization following victimization.
who is initially the attacker but later, the
situation is reversed. An example could be d. Behavioral outcome – stage that
the case of a mugger or a bully who ends up describes the victim’s adjustment to the
injured or a swindler becomes swindled. victimization experience.
DYNAMIC OF VICTIMIZATION
VICTIMOLOGY & DAMAGES
1. “Victims of Crime Model” (by Bard and
“If there is a complainant, there must be a
Sangrey) defendant.” Thus, there could never be a victim if
a. Stage of Impact & Disorganization – there is no offender, except in what is known as
victimless crimes. The only thing that does away
stage during and immediately following the
with criminality is decriminalization. This is
criminal event otherwise known as LOGOMACY.
b. Stage of Recoil – stage during which the LOGOMACY is a statement that we have no crime if
victim formulates psychological defenses we had no criminal law, and that we could eliminate
all crime by abolishing all criminal laws.
and
deals with conflicting emotions of guilt, Man has a juridical capacity and capacity to
act. He is normally entitled to the following
anger, acceptance, and desire of revenge civil damages.
(said to last 3 – 8 months)
1. Moral Damages – the compensation awarded to
c. Reorganization Stage – stage during a person’s physical suffering, mental anguish, fright,
which the victim puts his or her life back to serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation and similar
normal daily living. Some victims, however injury.
may not successfully adopt the victimization
2. Actual or Compensatory Damages – the
experience and a maladaptive compensation awarded to a person for such a
reorganization stage may last for many pecuniary loss suffered by him as he has duly
proved.
years.
3. Normal Damages – amount awarded to a victim 5. Crime is Progressive - the progressive upsurge in
in order that his right that had been violated or the volume of crime is on account of the ever-
invaded maybe restored or recognized. increasing population. The ever-increasing crime
rate and their techniques show the progress of the
4. Temperate Damages – moderate damages; the
society for advancement.
compensation that is more than nominal but less
than compensatory damages given to a person
when the court finds that he has suffered some
pecuniary loss, but its amount cannot, from the
nature of the case, be proved with certainty.
3. Positivist School
WHY MUST MEMBERS OF SOCIETY BE INTERESTED
IN CRIME? THEORY – set of statements devised to explain
behavior, events or phenomenon, especially one
1. Crime is Pervasive - nearly all participants of a that has been repeatedly tested and widely
free society are once upon a time a victim of an accepted.
offender of a criminal act. Criminal as an associate
of society affects almost all people regardless of
age, sex, race, nationality, religion, financial THREE TYPES OF EXPLANATIONS TO THE EXISTENCE
condition, education and other personal OF CRIMINAL BEHAVIOR (S-E-M-I)
circumstances.
1. SINGLE/UNITARY THEORY – contends that crime
2. Crime is Expensive - the government and private is produced by one factor. It may be biological,
sector use an enormous amount of currency for sociological, or psychological.
crime detection, prosecution correction and
prevention. 2. MULTIPLE FACTOR THEORY – views that crime is
not a product of a single cause or factor but a
3. Crime is Destructive - many lives have been combination of several factors.
vanished because of crimes like murder, homicide
and other violent deaths. Properties have been lost 3. ECLECTIC THEORY – that crime stemmed by one
or devastated on account of robbery, theft and or more factors while in other instances. It is caused
arson. by another set of factors.
4. Crime is Reflective - crime rate or incidence in a 4. INTEGRATED THEORY – a theory that combines
given locality is reflecting the efficiency of the social two or more theories to generate a single model of
defenses employed by the people primarily that of framework.
the police system.
THE TYPES OF CRIMINALS ACCORDING TO 1. Felony - an act or omission punishable by law
GAROFALO ARE: which is committed by means of dolo (deceit) or
culpa (fault) and punishable under the Revised
A. Murderer – Murderer refers to a criminal who
Penal Code (RPC)
kills another person and is satisfied from
vengeance/revenge. This type of criminal totally 2. Offense - an act or omission in violation of a
lacks both pity and probity and will kill whenever Special Penal Law (SPL)
opportunity arises
3. Infraction - an act or omission in violation of a
B. Violent criminal – Violent criminal lacks pity and city or Municipal ordinance (C/MO)
can be influenced by environmental factors such as
the consumption of alcohol or the fact that
criminality is endemic to criminal’s particular OTHER CLASSIFICATION OF CRIMES
population.
1. As to the MANNER in which crimes are
C. Deficient criminal – Deficient criminal refers to a committed:
person who commits crime against property like
thieves and robbers. a. INTENTIONAL FELONIES:
D. Lascivious criminal – Lascivious criminal refers to - felonies committed by means of dolo (deceit)
a person who commits crime against chastity like - the act or omission is performed with deliberate
acts of lasciviousness, seduction, adultery, and the intent or malice
like
Freedom or voluntariness - when the
person acted on his own accord, without
CRIMES AND CRIMINALS irresistible force and/or uncontrollable fear
Intelligence - when the person who
CRIME – refers to an act committed or omitted in committed the crime has the ability to
violation of public law (Phil. Law Dictionary). determine what is right from what is wrong
and to realize the consequences of one’s act
It also refers to an act committed or omitted in
Intent - when the person knowingly and
violation of a public law forbidding or commanding
purposely committed the crime to affect the
it (Reyes 2006).
desired result
MISDEMEANOR – refers to a minor or petty crime.
“M’NAGHTEN RULE” (pronounced, and sometimes
spelled, McNaughton)
C. ATTEMPTED CRIME - when the offender NOTE: The penalty for the MOST SERIOUS CRIME
commences the commission of a crime directly by must be imposed, the same to be applied in its
overt acts and does not perform all the acts of maximum period
execution which should produce the felony by REMEMBER: It should not be light felonies;
reason of some cause or accident other than his otherwise, it will be filed separately
own spontaneous desistance.
2. Complex crime proper (delito
3. according to PLURALITY: complejo)
A. SIMPLE CRIME - single act constituting only one at least two offenses are
offense. committed, not limited to grave or
less grave felony, which the first
offense is necessary to commit the penalties.
other offense.
B. LESS GRAVE FELONIES - those to which the law
COMPLEX CRIME PROPER – when an offense is a attaches correctional penalties.
necessary means for committing an offense
C. LIGHT FELONIES - those to which the law attaches
Requisites: the penalty of arresto menor or a fine notexceeding
P200.00.
1. That at least two offenses are
committed REPUBLIC ACT NO. 10951
2. That one or some of the offense must
Note: SEC. 2. Article 26 of the same Act is hereby
be necessary to commit the other
amended to read as follows:
3. That both or all the offenses must be
punishable under the same statute "ART. 26. Fine. - When afflictive, correctional, or
It must be necessary but not indispensable. light penalty. A fine, whether imposed as a single or
Crime was committed to facilitate the as an alternative penalty, shall be considered an
commission of another crime afflictive penalty, if it exceeds One million two
hundred thousand pesos (P1, 200, 000); a
Maria was abducted by Pedro and was carried away
correctional penalty, if it does not exceed One
by force to a seclude place. Upon arriving at the
million two hundred thousand pesos (P1, 200, 000)
place, Pedro raped Maria
but is not less than Forty thousand pesos (P40, 000);
Answer: COMPLEX CRIME OF RAPE THROUGH and a light penalty, if be less than Forty thousand
ABDUCTION pesos (P40, 000)."
Note: He can still rape Maria even without 5. According to the NATURE OF THE ACT:
abduction but it is made easier by the commission
A. CRIMES MALA IN SE - are acts that are inherently
of another offense.
evil. Examples are murder, robbery, etc.
Maria gave Php 20,000 to pay the BIR the capital
B. CRIMES MALA PROHIBITA - are acts which are
gains tax. Instead of paying, Pedro forged a BIR
prohibited only because there are laws forbidding
receipt to make it appear that he paid when in fact,
such acts. Examples are Illegal Possession of
he pocketed it.
firearms, Traffic Violations, etc.
Answer: COMPLEX CRIME OF ESTAFA THROUGH
In concept:
FALSIFICATION
- Crimes mala in se are those where the acts
SPECIAL COMPLEX CRIME – the law itself provides or omissions penalized are inherently bad,
for its punishment evil or wrong that they are almost
universally condemned.
- are component crimes constituting a single
- Crimes mala prohibita are those where the
indivisible freehand are penalized under
acts penalized are not inherently bad, evil or
one article of the RPC. For example, article
wrong but prohibited by law for public
294 provides for robbery with homicide as a
good, public welfare or interest and
single offense
whoever violates the prohibition are
4. According to GRAVITY: penalized
2. According to the TIME OR PERIOD of commission: B. BLUE COLLAR CRIMES - are those crimes
committed by ordinary criminals as a means of
A. SEASONAL CRIMES - are crimes that happen only livelihood.
during a particular season or period of the year.
Examples are violation of election law, tax law OTHER TYPES OF CRIMES
violations, etc.
1. CLEARED CRIMES - two ways by which crimes are
closed:
a. when at least one person arrested, 10. MISSION HATE CRIMES - violent crimes
charged, and turned over to the court for committed by disturbed individuals who see it as
prosecution; their duty to rid the world of evil.
b. by exception means, when some element 11. REACTIVE HATE CRIME - perpetrators believe
beyond police control precludes the physical they are taking a defensive stand against outsiders
arrest of an offender (e.g. when he/she who they believe threaten their community or way
leaves the country). of life.
2. CORPORATE CRIMES - white collar crime 12. RETALIATORY HATE CRIME - offense committed
involving a legal violation by a corporate entity such in response to a hate crime, real or perceived.
as price fixing, restraint of trade, or hazardous waste
13. STATUTORY CRIMES - crimes defined by
dumping.
legislative bodies in response to changing social
3. CRIME OF REDUCTION - crimes that are conditions, public opinion, and custom.
committed when the offended party experiences a
14. THRILL-SEEKING HATE CRIME - hate mongers
loss of some quality relative to her present standing
who join forces to have fun by bashing minorities or
such as when they become victims of robbery or
destroying property; inflicting pain on others gives a
theft, but they may also be victimized if their dignity
sadistic thrill.
is stripped from them when they are taunted by
racists.
CLASSIFICATIONS OF CRIMINALS
1. According to ETIOLOGY: B. PASSIVE INADEQUATE CRIMINALS - are those
who commit crimes because they are pushed to it
A. ACUTE CRIMINAL - is a person who committed
by reward or promise.
crime as a result of reacting to a situation or during
a moment of anger or burst of feeling. C. SOCIALIZED DELINQUENTS - are criminals who
are normal in behavior but defective in their
B. CHRONIC CRIMINAL - is one who committed a
socialization process or development.
crime with intent or deliberate thinking.
B. MISSION KILLERS - These killers want to reform 1) ANGER RAPE - Sexual attack becomes a
the world or have a vision that drives them to kill. means of expressing rage or anger and
involves far more physical assault upon the
C. EXPEDIENCE KILLERS - Killers who kill out for victim than is necessary.
profit or want to protect themselves from a 2) POWER RAPE - Assailant primarily wishes
perceived threat to express his domination over the victim.
TYPES OF MASS MURDERER Since rape is an expression of power rather
than the means of sexual gratification, the
(according to Jack Levin and James Allan Fox): rapist generally uses only the amount of
A. REVENGE KILLERS - These killers seek to get even force necessary to exert his super-ordinary
with individuals or society at large position.
3) SADISTIC RAPE - Perpetrator combines the
B. LOVE KILLERS - Motivated by warped sense of sexuality and aggression aims in psychotic
devotion. They are often despondent people who desires to often torment, torture, or
commit suicide and take others, such as a wife and otherwise abuse his victim.
children with them. 4) ACQUAINTANCE RAPE - forcible sex in
which offender and the victim are
C. PROFIT KILLERS - Usually trying to cover-up a
acquainted with one another
crime, eliminate witnesses, and carry out a criminal
5) AGGRAVATED RAPE - rape involving
conspiracy.
multiple offenders, weapons and victim
D. TERRORIST KILLERS - Killers who are trying to injuries.
send a message. Gang killings tell rivals to watch 6) DATE RAPE - forcible sex during the
courting relationship.
7) SERIAL RAPE - multiple rapes committed by Awkward in relating to the opposite sex,
one person over time. they hold high expectations that their
8) STATUTORY RAPE - sexual relations crude advances will be met with affection
between an underage minor females and by their victims.
an adult male. 2) MEANING STRETCHERS - An offender
misinterprets women's expressions of
NOTE: R.A. 11648
friendliness. And affection as indicating that
An act providing for the stronger protection the female desires couitus even when she
against rape and sexual exploitation and says no.
abuse 3) SEX LOOTERS - Person who has a low desire
Approved on March 4, 2022 for affection or low respect for the victim’s
Increased the age of consent from 12 to 16 autonomy and callously uses woman as sex
years old - amended Act No. 3815, R.A. object.
8353, and R.A. 7610 4) GROUP CONFORMERS - Rapist participates
in a group rape or gang bang, often
When the offended party is under sixteen (16) years following the leader. A sex looter felt a
of age or is demented, even though none of the sense of conformity and notion
circumstances mentioned above be present: demonstrating their masculinity.
Provided, that there shall be no criminal HATE CRIMES – a crime or a form of violence
liability on the part of a person having carnal directed towards a specific race, gender, religion,
knowledge of another person under sixteen (16) ethnicity etc. often called Bias Crime.
years of age when the age difference between the
parties is not more than three (3) years, and the PUBLIC ORDER CRIMES - are acts considered illegal
sexual act in question is proven to be consensual, because they conflict with social policy, accepted
non-abusive, and non-exploitative: Provided, moral rules and public opinion. Examples of which
further, that if the victim is under thirteen (13) years are prostitution, gambling, pornography, obstruction
of age, this exception shall not apply. etc., these are known as “Victimless Crimes”
Recent legislation related to this crime are: CRIMINAL LAW or PENAL LAW - that branch of
public law which defines crimes, treats of their
R.A. No. 9775 - An Act Defining the Crime of Child nature and provides for their punishment
Pornography, Prescribing Penalties Therefore, and
for other Purposes, approved on November 17, REVISED PENAL CODE (Act No. 3815)
2009; the book that contains the Philippine
R.A. No. 9995 - An Act Defining and Penalizing the criminal law
Crime of Photo and Video Voyeurism Prescribing approved on Dec. 8, 1930 and took effect on
Penalties Therefore, approved on February 15, January 1, 1932. - based on the Spanish
2010; and Penal law
adopted the Positivist approach of
R.A. No. 10175 - An Act Defining Cybercrime, determining criminal liability
providing for the Prevention, Investigation, It is called as RPC because the old penal
Suppression and the Imposition of Penalties code which took effect in the country on
Therefor and for Other Purposes, approved on July 14, 1887, and was in force until
December 31, 1931 was revised by the
Committee created by Administrative Order 5. ALTERNATIVE - those, which are either
No. 94 of the Department of Justice, dated aggravating or mitigating according to the nature
Oct. 18, 1927, composed of Anacleto Diaz as and effects of the crime and other conditions
Chairman, Alex Reyes and Mariano de Joya attending its commission.
as members.
JUST DESERT - means "the punishment that one
deserves”, has five guidelines;
It is composed of two books; book one which is 3. Sentence delinquency, not the delinquent;
composed of Articles 1-113 and book two covering
4. interfere parsimoniously;
Articles 114-367.
ANDREW VON HIRSCH - he developed the notion of
A. ARTICLES 1-20 - principles affecting criminal
just desert.
liability;
CHARACTERISTICS OF CRIMINAL LAW
B. ARTICLES 21-113 - penalties including criminal
and civil liability 1. It is general in application/ GENERALITY:
c. should be liable for acts connected with the 6. There must be a penal sanction or punishment.
introduction into these islands of the obligations
PENAL SANCTION is the most essential part of the
and securities mentioned in the presiding number;
definition of the crime. If there is no penalty to a
d. while being a public officer or employee, should prohibited act, its enforcement will almost be
commit an offense in the exercise of their functions impossible.
e. should commit any of the crimes against national The penalty is acting as a deterrence and as a
security and law of nations measure of self-defense of the state to protect
society from the threat and wrongs inflicted by the
3. It is prospective or retrospective/PROSPECTIVITY: criminal.
The law is looking forward; No person may be
punished for his act when at the time he committed
the act, it is still not yet punishable by law. CRIME STATISTICS
(e) The integration of all criminology professional (f) Profession refers to the art and science in the
groups, and membership of all registered practice of criminology discipline; and,
criminologists
(g) Registered criminologist refers to a natural
to the accredited professional organization. person who holds a valid certificate of registration
and an
Section 4. Definition of Terms. - As used in this Act,
the following terms shall be defined as follows: updated professional identification card as
criminologist issued by the Board and the
a) APO refers to the Accredited Professional
Commission pursuant to this Act.
Organization of criminologists, that the Professional
Regulatory Board of Criminology created hereunder SECTION 5. Scope of Practice. — The practice of
and, hereinafter referred to as the Board, as the one criminology shall include, but shall not be limited to,
and only recognized and accredited integrated acts or activities performed:
national organization of criminologists, subject to
(a) In line with the practice of profession or
the approval of the Professional Regulation
occupation as a law enforcement administrator,
Commission (PRC) hereinafter referred to as the
executive, adviser, consultant, officer, investigator,
Commission created under Republic Act No. 8981,
agent or employee in any private or government
otherwise known as the "PRC Modernization Act of
agencies performing law enforcement and quasi
2000";
police functions at the Philippine National Police
(b) Board refers to the Professional Regulatory (PNP), the National Bureau of Investigation (NBI),
Board for Criminologists created hereunder; the Philippine Drug Enforcement Agency (PDEA), the
Bureau of Fire Protection (BFP), the Bureau of Jail
(c) CHED refers to the Commission on Higher
Management and Penology (BJMP), the Provincial
Education (CHED) created under Republic Act No.
Jail, the Bureau of Corrections (BUCOR), the
7722, otherwise known as "Higher Education Act of
Probation and Parole Administration (PPA), the
1994", in the formulation of policy standards, and
Bureau of Internal Revenue (BIR), the Bureau of
monitoring of the criminology education in the
Customs (BoC), the Bangko Sentral ng Pilipinas
country, which shall be assisted by the Criminology
(BSP), other government and private banks, the
Technical Panel composed of the:
Philippine Postal Corporation (PPC), the Sea and Air
president of the APO, Marshals, the VIP Security, Airport and Seaport
Police, the National Intelligence Coordinating
Chairperson of the Board of Criminology, Agency (NICA), the Intelligence Service of the Armed
one (1) from the academe, Forces of the Philippines (ISAFP), and agencies of
the government exercising similarly related
two (2) from the law enforcement agencies; functions in the field of national security, public
(d) Commission refers to Professional Regulation safety, and peace and order;
Commission (PRC) hereinafter referred to as the (b) In line with the practice of teaching profession
Commission created under Republic Act No. 8981, such as those performed by a professor, instructor
otherwise known as the "PRC Modernization Act of or teacher in any university, college or school duly
2000"; recognized by the government on any of the
following professional and component subjects of Philippines from a list of three (3) recommendees
the criminology program: (1) Criminal Jurisprudence for each position, chosen and ranked by the
and Procedure; (2) Criminalistics; (3) Law Commission from a list of three (3) nominees for
Enforcement Administration; (4) Crime Detection every position endorsed by the APO. The new Board
and Investigation; (5) Correctional Administration; shall be organized not later than six (6) months from
and (6) Criminal Sociology and Ethics, and other the effectivity of this Act.
technical and specialized subjects in the criminology
Section 7. Qualifications of the Chairperson and
curriculum provided by the CHED;
Members of the Board. The Chairperson and each
(c) As a technician, examiner/criminalist, or member shall, at the time of their appointment,
specialist in dactyloscopy, questioned document, possess all these qualifications:
deoxyribonucleic acid (DNA), lie detection, firearms
(a) Must be a natural-born Filipino citizen and a
identification, forensic photography, forensic
resident of the Philippines;
chemistry, other scientific crime detection and
investigation or forensic science; (b) Must be of good moral character, good
reputation and of sound mind and body;
(d) As a correctional administrator, executive,
supervisor, or officer in any rehabilitation, (c) Not convicted by a court of competent
correctional, and penal institution or facility, and in jurisdiction of any offense involving moral turpitude;
any community-based corrections, and
rehabilitation agencies and/or programs; (d) Must be a graduate of Bachelor of Science in
Criminology, and a holder of a Post-Graduate
(e) As a counselor, consultant, adviser or researcher Degree in Criminology or a lawyer in any reputable
in any government or private agency on any aspect school recognized by the CHED;
of criminological research or project involving the
causes of crime, children in conflict with the law, (e) Must be a registered criminologist with a valid
treatment and correction of persons deprived of certificate of registration and a valid professional
liberty (PDL), police operation, law enforcement identification card, having at least ten (10) years of
administration, scientific criminal investigation or practice in the profession prior to the appointment
public safety and national security administration; including no less than two (2) years teaching
and experience of criminology or law subjects in full-
time or part-time capacity in the college of
(f) As a private investigator, administrator, criminology or college of law recognized by the
consultant or agent, or detective in any private government through the CHED;
security and investigation agency organized under
the laws of the Philippines. (f) Must be a member in good standing of the APO
but not an officer or trustee thereof; and
ARTICLE II PROFESSIONAL REGULATORY BOARD
FOR CRIMINOLOGISTS (g) Must not be a member of the faculty of any
school, college or university where a regular class or
Section 6. Creation, and Composition of the review course in criminology is offered, nor a
Professional Regulatory Board for Criminologists. - member of the staff of reviewers in a review school
There is hereby created a Professional Regulatory or center, and must not have any direct or indirect
Board for Criminologists, a collegial body under the pecuniary interest in any such institution.
administrative supervision and control of the
Commission, to be composed of a Chairperson and ARTICLE III EXAMINATION, REGISTRATION,
four (4) members appointed by the President of the CERTIFICATION AND LICENSURE
Section 14. Qualifications of an Applicant for the below sixty percent (60%) in any of the subjects, the
Licensure result of the examinee shall be deferred, and be
required to retake that particular subject/s.
Examination. — An applicant for the licensure
examination for criminologist shall satisfactorily The deferred examinee shall only be allowed to
prove that one possesses the following retake once within two (2) years from the date of
qualifications: the examination, and shall be required to obtain a
grade not lower than eighty percent (80%) on the
A. Must be a citizen of the Republic of the
subject, to be considered to have passed the
Philippines or a foreign citizen whose country/state
licensure examination. If the examinee failed to
has reciprocity with the Philippines in the practice of
retake after the lapse of two (2) years or failed to
criminology;
get the passing mark of eighty percent (80%), the
B. Must be of good moral character, good reputation examinee shall retake all the board subjects.
and of sound mind and body certified by the school
Any examinee who failed three (3) or more board
where he/she graduated and the barangay where
subjects shall be deemed to have failed the board
he/she lives, unless the examinee is a foreign
examination.
national a certification from any professional
criminologist of good standing will do; Section 21. Refusal to Issue Certificate of
Registration and Professional Identification Card or
C. Must hold a bachelor degree in criminology duly
Temporary/Special Permit. - The Board shall not
accredited by the CHED and conferred by a
register any successful applicant for registration who
school/college/university duly authorized by the
has been:
government or its equivalent programs as approved
by the PRB obtained by either a Filipino or foreign (a) Convicted with finality of a crime involving moral
citizen from an institution of learning in a foreign turpitude by a court of competent jurisdiction;
country/state: Provided, that it is duly recognized
(b) Found guilty of immoral or dishonorable conduct
and/or accredited by the CHED;
by the Board;
D. Must not have been convicted of an offense
(c) Summarily adjudged guilty for violation of the
involving moral turpitude by a court of competent
General Instruction to Examinees by the Board; and
jurisdiction; and
(d) Declared of unsound mind by a court of
E. Those who failed five (5) times whether
competent jurisdiction. In refusing such registration,
consecutive or cumulative in the criminologist
the Board' shall give the applicant a written
licensure examination, must present a certification
statement setting forth the reasons thereof and
issued by a reputable institution duly recognized by
shall file a copy in its records.
the CHED that such applicant has satisfactorily
completed a refresher course in criminology Section 22. Revocation or Suspension of the
Certificate of Registration and Cancellation of
Section 17. Rating in the Licensure Examination. -
Temporary/Special Permit - The Board shall have
To pass the licensure examination for criminologist,
the power, upon notice and hearing, to revoke or
a candidate must obtain a weighted average rating
suspend the certificate of registration of a registered
of seventy-five percent (75%) with no grade less
criminologist or to cancel a temporary/special
than sixty percent (60%) in any given subject.
permit granted to foreign criminologist for the
In case the examinee obtains a weighted average commission of any of the following acts:
rating of seventy-five percent (75%) but, has a grade
(a) Violation of any provision of this Act, its IRR, the Section 35. Preference of Appointment in
Code of Ethics, the Code of Good Governance, or Government Criminal Justice and Other
policy of the Board and/or the Commission; Government Institutions.
(b) Conviction of a crime with finality involving Registered criminologists shall enjoy priority
moral turpitude; appointment and shall not be required to take any
qualifying or entrance examination in the PNP, the
(c) Perpetration or use of fraud in obtaining one's
NBI, the BJMP, BuCOR, the BFP, the Land
certificate of registration, professional identification
Transportation Office (LTO) and other government
card or temporary/special permit;
positions related to criminology, police and law
(d) Gross incompetence, negligence or ignorance enforcement work, investigation and security,
resulting to death or injury of a person, or damage corrections and public safety of the following
to property; bureaus, departments, institutions or agencies of
the government.
(e) Nonrenewal of the professional identification
card for a period of six (6) years with the PRC SECTION 36. Lateral Entry of Registered
without justifiable cause; Criminologists.
(f) Aiding or abetting the illegal practice of a non- Registered criminologists who are not in the
registered criminologist by allowing the use of one's government service shall be eligible and given
certificate of registration and/or professional preference for appointment via lateral entry as
identification card or temporary/special permit; Police, Fire, and Jail Inspectors or its equivalent in
the PDEA, NBI, and other law enforcement agencies:
(g) Illegally practicing the profession during the Provided, That they possess the general
suspension from the practice thereof; qualifications for appointment as provided in the
(h) Addiction to drugs or alcohol impairing one's existing laws on appointment of personnel in the
ability to practice the profession or a declaration by PNP, BJMP, BFP, PDEA, NBI and other agencies:
a court of competent jurisdiction that the registrant Provided, further, That those who are already in the
is of unsound mind; and police, fire, jail, and other government agencies
involved in national security, public safety, and
(i) Noncompliance with the CPD and APO criminal justice administration as noncommissioned
requirements, unless one is exempted therefrom, officers and who are already registered and licensed
for the renewal of the professional identification criminologists shall be given preference for lateral
card. The Board shall periodically evaluate the entry.
aforementioned grounds and revise or exclude or
add new ones as the need arises subject to approval SECTION 37. Penal Clause. — A fine of not less than
by the Commission One hundred thousand pesos (P100,000.00) nor
more than Five hundred thousand pesos
ARTICLE V PRIVILEGES OF REGISTERED (P500,000.00), or imprisonment for not less than
CRIMINOLOGISTS two (2) years and one (1) day or more than six (6)
SECTION 34. Privileges of Registered years, or both, at the discretion of the court shall be
Criminologists. — All registered criminologists shall imposed upon any person who shall commit any of
be exempt from taking any other entrance or the following acts:
qualifying government or civil service examination A. Practicing criminology as stated in Section 5 of RA
and shall be considered civil service eligible to the 11131 without valid COR and a valid PIC or a valid
following government positions. temporary/special permit;
B. Attempting to use the seal, COR and PIC of a
registered criminologist or temporary/special permit
issued to a foreign criminologist;