Crim 1-Introduction To Criminology With Psychlogy of Crimes

MODULE 5
SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS (15%)
Presented by:
CATHERINE F. REYES
_______________________________________________________________________________________
CRIM 1- INTRODUCTION TO CRIMINOLOGY 2. It is a social science because it studies crime as a

WITH PSYCHLOGY OF CRIMES social phenomenon. Crime is a social problem which
has a great impact to society.
CRIMINOLOGY
3. It is dynamic because the concepts of criminology
 according to Edwin H. Sutherland, “criminology is and their applications adapt to the changing time.
the entire body of knowledge regarding crime as a
social phenomenon. It includes within its scope the 4. It is nationalistic because the study of criminology
process of making of laws, of breaking of laws, and takes into consideration the history, the culture and
the society’s reaction towards the breaking of laws.” the social norms and the laws of the country. Each
 a body of knowledge regarding crimes, criminals and country has its own set of laws and crimes are
the efforts of society to prevent and repress them. defined by the laws of the country.
 the scientific study of the causes of crime in relation
Scope in the Study of Criminology
to man and society who set and define rules and
regulations for himself and others to govern 1. Study of the origin and development of criminal law
Criminologist (R.A. 6506) 2. Study of the causes of crimes and development of
criminals
 any person who is a graduate of the Degree of
Criminology, who has passed the examination for 3. Study of the other sciences that examine criminal
criminologists and is registered as such by the Board behavior using scientific methods such as:
of Examiners of the Professional Regulation
Commission (PRC). criminal demography – the study of the relationship
between criminality and population
Origin of the word “Criminology”
criminal epidiomology – the study of the
Etymologically, the term criminology came from the relationship between environment and criminality
Latin word “crimen” meaning crime and Greek word “Logos”
which means “to study”. criminal ecology – the study of criminality in relation
to the spatial distribution in a community
In 1885, Rafael Garofalo, an Italian Law Professor
coined the term criminologia. criminal physical anthropology – the study of
criminality in relation to physical constitution of men
In 1889, Paul Topinard, French Anthropologist, used
the term criminology in French criminologie for the first time criminal psychology – the study of human behavior
in relation to criminality
Principal Divisions of Criminology
criminal psychiatry – the study of human mind in
1. Etiology of Crimes – the scientific analysis of the relation to criminality
causes of crimes and the criminal behavior.
victimology – the study of the role of the victim in
2. Sociology of Law – refers to the investigation of the the commission of a crime
nature of criminal law and its administration
SCHOOLS OF THOUGHT IN CRIMINOLOGY
3. Penology – the study of the control of crimes and the
rehabilitation of offender School of Thought – refers to a group of beliefs or ideas
that support a specific theory.
Is criminology a science?
Theory – set of statements devised to explain behavior,
According to George Wilker, criminology cannot events or phenomenon, especially one that has been
become a science because it has not yet acquired universal repeatedly tested and widely accepted.
validity. Edwin H. Sutherland, the Dean of Modern Criminology,
hoped that it will become a science in the future since the 1. DEMONOLOGICAL THEORY - asserts that a person
causes of crimes are almost the same which may be biological, commits wrongful acts due to the fact that he was
environmental or combination of the two. possessed by demons.
Nature of Criminology 2. CLASSICAL SCHOOL OF CRIMINOLOGY
1. It is applied science because criminology as a body The classical school of criminology grew out of a reaction
of knowledge has already established universally against the barbaric system of law, punishment and justice
accepted principles and concepts and these are used that existed. There was no real system of criminal justice in
by other field of study. (INSTRUMENTATION) Europe at that time. Some crimes were specified, some were
not. Judges had discretionary power to convict a person for
an act not even legally defined as criminal.
Review Notes ;iMIND Approach Review & Training Center; CRMINAL SOCIOLOGY, ETHICS AND HUMAN RELATIONS 1
This school of thought is based on the assumption 10. It is better to prevent crimes than to punish them.
that individuals choose to commit crimes after weighing the That is the chief purpose of all good legislation.
consequences of their actions. According to classical
criminologists, individuals have free will. They can choose Jeremy Bentham (1748-1832)
legal or illegal means to get what they want, fear of
punishment can deter them from committing crime and society - his contribution to classical school of criminology
can control behavior by making the pain of punishment greater is the concept of utilitarianism and the felicific
than the pleasure of the criminal gains. calculus.
- proposed “Utilitarian Hedonism” which explains
This theory, however, does not give any distinction that person always acts in such a way to seek
between an adult and a minor or a mentally-handicapped in as pleasure and avoid pain.
far as free will is concerned. Founders of classical school of - founded the concept of UTILITARIANISM –
criminology are Cesare Beccaria and Jeremy Bentham. assumes that all our actions are calculated in
accordance with their likelihood of bringing
pleasure and pain
Cesare Beccaria (Cesare Bonesana Marchese di Beccaria)
- devised the pseudo-mathematical formula called
(1738-1794) “felicific calculus” which states that individuals
are human calculators who put all the factors into
- best known for his essay, “On Crimes and an equation in order to decide whether a
Punishment” which presented key ideas on the particular crime is worth committing or not
abolition of torture as legitimate means of - he reasoned that in order to deter individuals
extracting confession. from committing crimes, the punishment, or pain,
- His book contains almost all modern penal must be greater than the satisfaction, or
reforms but its greatest contribution was the pleasure, he would gain from committing the
foundation it laid for subsequent changes in crime
criminal legislation
- his book was influential in the reforms of penal Utilitarianism
code in France, Russia, Prussia and it influenced – is a philosophy which argues that what is right is
the first ten amendments to the US Constitution
the one that would cause the greatest good for the greatest
number of people.
Beccaria believed that:
- others refer to it as the greatest happiness
a. people want to achieve pleasure and avoid
principle or the principle of utility.
pain.
- from this principle, Bentham formulated the
“felicific calculus”.
b. Crime provides some pleasure to the
criminal.
Felicific Calculus or the pleasure-and-pain principle – is a
c. To deter crime, he believed that one must theory that proposes that individuals calculate the
administer pain in an appropriate amount to consequences of his actions by weighing the pleasure (gain)
counterbalance the pleasure obtain from and the pain (suffering) he would derive from doing the action.
crime.
3. NEOCLASSICAL CRIMINOLOGY
d. Famous in sayings “ Let the punishment fit This theory modified the doctrine of free will
the crime” by stating that free will of men may be affected by
other factors and crime is committed due to some
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS compelling reasons that prevail. These causes are
REGARDING CRIMES AND THE CRIMINAL JUSTICE pathology, incompetence, insanity or any condition
SYSTEM that will make it impossible for the individual to
exercise free will entirely. In the study of legal
1. In forming a human society, men and women provisions, this is termed as either mitigating or
sacrifice a portion of their liberty so as to enjoy peace exempting circumstances.
and security.
2. Punishments that go beyond the need of preserving 4. POSITIVIST SCHOOL OF CRIMINOLOGY
the public safety are in their nature unjust. - The term “positivism”, refers to a method of
3. Criminal laws must be clear and certain. Judges analysis based on the collection of observable
must make uniform judgments in similar crimes. scientific facts.
4. The law must specify the degree of evidence that will - Positivists believe that causes of behavior can
justify the detention of an accused offender prior to be measured and observed.
his trial. - It demands for facts and scientific proof, thus,
5. Accusations must be public. False accusations changing the study of crimes and criminals into
should be severely punished. scientific approach.
6. To torture accused offenders to obtain a confession - Positive theorists were the first to claim the
is inadmissible. importance of looking at individual difference
7. The promptitude of punishment is one of the most among criminals. These theorists who
effective curbs on crime. concentrated on the individual structures of a
8. The aim of punishment can only be to prevent the person, stated that people are passive and
criminal from committing new crimes against his controlled, whose behaviors are imposed upon
countrymen, and to keep others from doing likewise. them by biological and environmental factors.
Punishments, therefore, and the method of inflicting
them, should be chosen in due proportion to the August Comte
crime, so as to make the most lasting impression on
the minds of men…  was a French philosopher and sociologist and is
9. Capital punishment is inefficacious and its place believed to be the one who reinvented the French
should be substituted life imprisonment. term sociologie.
 he was recognized as the “Father of Sociology and 1. BIOLOGICAL THEORIES
Positivism”. - this refers to the set of theories that point to
physical, physiological and other natural factors
THE (UN) HOLY THREE (3) OF CRIMINOLOGY as the causes for the commission of crimes of
certain individuals.
1. Cesare Lombroso - This explanation for the existence of criminal
2. Enricco Ferri
traits associates an individual’s evil disposition to
3. Raffaelle Garofalo
physical disfigurement or impairment.
a. Physiognomy – the study of facial features and

their relation to human behavior.
Cesare Lombroso
 recognized as the “Father of Modern and Empirical

Criminology” due to his application of modern 1. Giambiatista dela Porta
scientific methods to trace criminal behavior,
however, most of his ideas are now discredited - founder of human physiognomy
 known for the concept of atavistic stigmata (the
physical features of creatures at an earlier stage of - according to him criminal behavior may be
development). predicted based on facial features of the
 he claimed that criminals are distinguishable from person.
non-criminals due to the presence of atavistic
stigmata and crimes committed by those who are 2. Johann Kaspar Lavater
born with certain recognizable heredity traits.
 according to his theory, criminals are usually in - supported the belief of dela Porta
possession of huge jaws and strong canine teeth, the
arm span of criminals is often greater than their - he believed that a person’s character is
height, just like that of apes who use their forearms revealed through his facial characteristics.
to push themselves along the ground.
 other physical stigmata include deviation in head size b. Phrenology, Craniology or Cranioscopy – the
and shape, asymmetry of the face, excessive study of the external formation of the skull in
dimensions of the jaw and cheekbones, eye defects relation to the person’s personality and
and peculiarities, ears of unusual size, nose twisted,
tendencies toward criminal behavior.
upturned or flattened in thieves, or aquiline or
beaklike in murderers, fleshy lips, swollen and
protruding, and pouches in the cheek like those of 1. Franz Joseph Gall
animal’s toes - he developed cranioscopy which was
 Lombroso’s work supported the idea that the criminal later renamed as phrenology.
was a biologically and physically inferior person
2. Johann Kaspar Spurzheim
 according to him, there are three (3) classes of
- assistant of Gall in the study of
criminals:
a. born criminals – individuals with at least phrenology.
five (5) atavistic stigmata - he was the man most responsible for
popularizing and spreading phrenology
b. insane criminals – those who became to a wide audience
criminals because of some brain defect
which affected their ability to understand
c. Physiology or Somatotype – refers to the study
and differentiate what is right from what is
wrong. of body build of a person in relation to his
temperament and personality and the type of
c. criminaloids - those with makeup of an offense he is most prone to commit.
ambiguous group that includes habitual
criminals, criminals by passion and other 1. Ernst Kretschmer
diverse types - he distinguished three (3) principal
Enricco Ferri
types of physiques: asthenic, athletic,
pyknik and dysplastic.
- he focused his study on the influences of
a. asthenic – characterized as
psychological factors and sociological factors
thin, small and weak.
such as economics, on crimes.
b. athletic – muscular and
- He believed that criminals could not be held morally
strong.
responsible because they did not choose to commit
c. pyknic – stout, round and fat.
crimes, but rather were driven to commit crimes by
d. Dysplastic/ MIxed –
conditions in their lives.
combination of two body types
Raffaelle Garofallo
2. William Herbert Sheldon
- He treated the roots of the criminals’ behavior not to - formulated his own group of
physical features but to their psychology equivalent, somatotype: ectomorph, mesomorph
which he referred to as moral anomalies. and endomorph.
- He rejected the doctrine of freewill. a. ectomorph – tall and thin and less
- Classified criminals as Murderers, Violent Criminals, social and more intellectual than
Deficient Criminals, and Lascivious Criminals. the other types.
b. mesomorph – have well-
THEORIES OF CRIME CAUSATION developed muscles and an athletic
appearance.
c. endomorph – heavy builds and of personality: the id, the ego, and the
slow moving. superego.
- according to him there are three parts of
d. Heredity – the transmission of traits from parents personality:
to offspring.
1. ID – this stands for instinctual drives; it is
1. Richard Louis Dugdale governed by the “pleasure principle”; the id
- conducted a study of the Jukes family impulses are not social and must be
by researching their family tree as far repressed or adapted so that they may
back 200 years. He discovered that become socially acceptable
most of the ascendants of the Jukes
were criminals. 2. EGO – this is considered to be the
sensible and responsible part of an
2. Henry Goddard individual’s personality and is governed by
the “reality principle”; it is developed early in
- he traced the descendants of the Martin
life and compensates for the demands of the
Kallikak from each of his two wives and id by helping the individual guide his actions
found a distinct difference in termsof to remain within the boundaries of accepted
quality of lives of descendants. He social behavior; it is the objective, rational
coined the term “moron”. part of the personality
3. Charles Goring
4. SUPEREGO – serves as the moral
- he believed that criminal traits can be
conscience of an individual; it is structured
passed from parents to offspring through the by what values were taught by the parents,
genes. the school and the community, as well as
- he proposed that individuals who possess belief in God; it is largely responsible for
criminal characteristics should be prohibited making a person follow the moral codes of
from having children. society
2. INTELLIGENCE AS A FACTOR IN CRIMINALITY LEVEL OF AWARENESS (TOPOGRAPHICAL MODEL BY

FREUD)
The classic studies of the Juke and Kallikak families
A. CONSCIOUS LEVEL- sensation and experiences at
were among the first to show that feeblemindedness or low- a given moment in time
intelligence can be inherited and transferred from one B. PRECONSCIOUS LEVEL- “available memory
generation to the next. Numerous test were also conducted - all experiences that are not conscious at the
that lead to the development of the use of IQ tests as a testing moment
procedure for offenders. The very first results seemed to - can retrieve into awareness.
confirm that offenders had low mental abilities and they were C. UNCONSCIOUS LEVEL- repressed or forgotten
memories
found to be mentally impaired.
Psychosexual Stages of Human Development
ALFRED BINET – a French psychologist who developed the
first IQ test. • ORAL STAGE- usually during the first year of life
when the child attains pleasure by sucking and biting
- the test measured the capacity of individual children • ANAL STAGE- focus on the elimination of bodily
to perform tasks or solve problems in relation to the average wastes during the second and third years of life
capacity of their peers. • PHALLIC- genitals
OEDIPUS COMPLEX (BOY)- stage of
IQ CLASSIFICATIONS IN PSYCHIATRIC USE: development when male begin to have sexual
feelings for their mothers.
1. Borderline – IQ 71-84
2. Mild – IQ 50-55 to approx. 70 ELECTRA COMPLEX (GIRL)- stage of
3. Moderate – IQ 35-40 to approx. 50-55 development when girls begin to have sexual feelings
4. Severe – IQ 20-25 to approx. 35-40 for their fathers.
5. Profound – IQ below 20-25
• LATENCY- begins at age 6.The feelings of sexuality
are repressed and the focus of attention is on
3. PSYCHOLOGICAL THEORIES external factors such as achievements and
competitions.
- refers to the theories that attribute criminal
behavior of individuals to psychological factors, • GENITAL- The feeling of sexuality are expressed on
opposite sex, it is the beginning of begins puberty,
such as emotion and mental problems.
this marks the beginning of adult sexuality.
Basic Instincts FIXATED PERSON

- 1) Thanatos- the instinct to destroy one’s life of • Exhibit behavior traits characteristics of those
life others encountered during infantile sexual development e.g.
- an infant who does not received enough oral
- 2) Eros- the instinct to preserve and create life. gratification during the first year of life is likely an
An expressed sexually. adult engage in such behavior as smoking, drinking,
or drug abuse.
a. Sigmund Freud
TYPE OF MENTAL DISORDER
- he is recognized as the FATHER OF
PSYCHOANALYSIS NEUROSES
- known for his psychoanalytic theory Common type of mental disorder used to explain
- according to him, criminality is caused by criminal behavior also referred to as hysteria ar neurasthenia.
Some of the more common neuroses are:
the imbalance of the three (3) components
a. ANXIETY
• also known as anxiety state or anxiety reaction; LEWIS GOLDBERG’S TRAIT THEORY
characterized by the person feeling anxious, fearful (BIG 5/ FIVE FACTOR THEORY)
anticipation or apprehension, the person may be
irritable, have poor concentration and overreacts to A. EXTRAVERSION- sociable, outgoing, talkative,
things that are annoying. assertive, persuasive, decisive and active
B. NEUROTICISM- emotional instability, negative
b. OBSSESSIVE COMPULSIVE BEHAVIOR emotions (moody, irritable, nervous and pone to
• people who suffer from this have unwanted, intrusive worry)
and repetitive thoughts or behaviors
C. CONSCIENTIOUSNESS- dependable, organized,
reliable, responsible, thorough, hardworking
OBSSESSION- a repetitive and irresistible thoughts
or urge D. AGREEABLENESS- pleasant, good- natured, warm,
COMPULSION- a repetitive behavior that is thought sympathetic and cooperative
to produce or prevent something that is thought to be E. OPENNESS TO EXPERIENCE- imaginative, curious,
magically connected to the behavior. broad- minded and cultured
c. PHOBIA HANS EYSENK’S PERSONALITY TRAIT

• Excessive and unexplainable fear of something,
generally exaggerated fear or things that normal A. EXTROVERT- Sociable, outgoing and active
people do not fear with the same degree. B. INTROVERT- withdrawn, quite and introspective
C. EMOTIONALLY UNSTABLE- anxious, excitable and
d. DEPRESSION easily disturbed
• Extreme feeling of low morale, sadness, loneliness,
self- pity, despair, rejection, boredom and pessimism, ALBERT ADLER
a person is said to be depressed if these feelings • Coined the term inferiority complex
become pervasive and can already affect all aspects • People who have feelings of inferiority are
of a person’s life
compensate for them a drive for superiority
ERIK ERIKSON
PSYCHOSES
• Described the identity crisis
• A more serious type of mental disorder, which can be
• A psychological state which youth face inner turmoil
organic or functional.
Psychotic people lose contact with reality and have difficulty and uncertainty about life roles.
distinguishing reality from fantasy. The most common type of 4. SOCIOLOGICAL THEORIES
psychosis are schizophrenia and paranoia
- sociological factors refer to things, places and
 SCHIZOPHRENIA people with whom we come in contact with and
• Also called dementia praecox, characterized by which play a part in determining our actions and
distortions or withdrawal from reality, disturbances conduct. These causes may bring about the
thoughts and language and withdrawal from social development of criminal behavior.
contact.
•
a. DELUSION- false belief a. Emile Durkheim
D. by Grandeur- greater than everybody else - he stated that crime is a normal
D. by Persecution- other people conspiring to kill, part of the society just like birth and
harm or embarrass you death.
D. by Reference- every time he is the subject of
everything - proposed the concept of
b. HALLUCINATION- false perception without the “anomie” or the absence of social
object
norms. It is characterized by
c. ILLUSION- false perception with the object
disorder due to lack of common
PSYCHOPATHIC PERSONALITY values shared by individuals, lack
 Most common cause of criminality among youthful of respect for authority and lack of
offender appreciation for what is acceptable
 Infantile level of response and not acceptable in a society.
 Lack of conscience
b. Gabriel Tarde
 Deficient feeling of affection to another
 Aggression to other people and to the environment - introduced the theory of
imitation which proposes the process
TRAIT THEORY
by which people become criminals.
 Identifies where a person might lie along a continuum
of various personality characteristics.
- according to this theory,
individuals imitate the behavior of other
KINDS OF TRAIT (ALLPORT)
individuals based on the degree of their
1. COMMON TRAITS- shared by most members of a association with other individuals and it
particular time is inferior or weak who tend to imitate
2. INDIVIDUAL TRAITS- person’s unique individual the superior and strong.
quality
c. Adolphe Quetelet and Andre
3. CARDINAL TRAITS- basic that all person relate to it,
powerful and dominating predisposition Michael Guerry
4. CENTRAL TRAITS- core traits that characterize an
individual personality, major characteristics of our - He repudiated the free will
personalities, building block doctrine of the classicists
5. SECONDARY TRAITS- inconsistent or relatively
superficial, less generalized and less enduring, affect our - founder of cartographic school of
behavior in specific circumstances criminology.
- founder of moral statistics. characterized by deviant behavior
which results in criminal behavior
- cartographic school of criminology among its members.
made use of statistical data such
as population, age, gender, 2. SOCIAL PROCESS THEORY
occupation, religious affiliations
and social economic status and - refers to a group of theories which point to the
studies their influences and individual’s socialization process as the cause for the
relationship to criminality. commission of crimes. These theories cite
interaction with people and experiences and
MODERN SOCIOLOGICAL THEORIES OF CRIME exposure to different element in the environment as
CAUSATION primary factors to criminality.
- under this theory is the social learning theory
- environmental factors such as the kind of rearing which in turn has three (3) sub-theories: differential
or family upbringing, quality of teaching in association theory, differential reinforcement theory
school, influences of peers and friends, and neutralization theory.
conditions of the neighborhood, and economic
and other societal factors are believed to be a. Differential Association Theory
contributory to crime and criminal behavior. - formulated by Edwin Sutherland
- this theory states that criminal behavior is
1. SOCIAL STRUCTURE THEORIES learned through socialization.
- criminal behavior is learned in interaction
- refers not only to the physical features of the
with other persons in a process of
communities but also to the way society is
communication.
organized.
- include such things as level of poverty and
b. Differential Reinforcement Theory
unemployment and the amount of crowded
- according to this theory, individual’s
housing which are believed to affect behavior
behavior depends on how people around
and attitudes of individuals which in turn
him react toward s his behavior.
contribute to their commission of crimes.
- an act that is rewarded is repeated; an act
- also called social environment
that is punished will be avoided.
- includes social disorganization theory, strain
theory and cultural deviance theory. c. Neutralization Theory
a. Social Disorganization Theory - introduced by David Matza and Gresham Sykes.

- popularized by Clifford Shaw and Henry - sometimes referred to as “drift theory”
McKay. - according to this theory, people know when they
- according to this theory, crimes in urban are doing something wrong, however, they
areas are more prevalent because residents rationalize and justify their actions. This
have impersonal relationships with each rationalizing is what we called “neutralization”.
other.
- increase in the number of broken families 3. SOCIAL REACTION THEORY
and single parenthood are also very
common in disorganized communities. - more commonly called Labeling theory.
- another feature of disorganized community - it states that people become criminals when
is poverty as evidenced by poor living significant members of society label them as such
conditions such as rundown houses, and they accept those labels as a personal identity.
unsanitary and unsightly streets and high
unemployment rates. 4. SOCIAL CONTROL THEORIES
- maintain that everyone has the potential to become

b. Strain Theory
criminal but most people are controlled by their bonds
- strain refers the individual’s frustration,
to society.
anger and resentment.
- social control refers to the agencies of social control
- holds that crime is a function of the conflict
such as family, school, religion or church,
between the goals people have and the
government and laws and other identified authorities
means they can use to legally obtain them.
in society.
This also argues that the ability to obtain
- there are two (2) sub-theories: containment theory
these goals is class dependent; members of
and social bond theory.
the lower class are unable to achieve these
goals which come easily to those belonging
a. Containment Theory
to the upper class. Consequently, they feel
- proposed by Walter Reckless
anger, frustration and resentment, referred
- he stated that inner and outer
to as STRAIN.
containments help prevent juvenile
offending.
c. Cultural Deviance Theory
- containment means the forces within
- gives emphasis on the concept of
and outside the individual that has the
culture and sub-culture.
power to influence his actions.
- according to this theory, because
- inner containments include positive self-
people in the lower class feel isolated
concept, tolerance for frustration and an
due to extreme deprivation or poverty,
ability to set realistic goals.
they tend to create a sub-culture with its
- outer containments include family.
own set of rules and values. This is
b. Social Bond Theory
Bourgeoisie- the owners of the means of production, the
- propagated by Travis Hirschi capitalist of ruling class.
- this theory views crime as a result of
individuals with weakened bonds to Cyber Crime- The commission of criminal acts using the
social institutions. instruments of modern technology such as computers or the
- according to this theory, there are four internet.
(4) elements of social bonds:
Economic Crime- an act in violation of the criminal law that is
attachment, commitment,
designed to bring financial gain to the offender.
involvement and belief.
Bias Crime/ Hate Crime- directed toward a particular persons
d. attachment – refers to the degree or members of a group who share discernible racial, ethnic
to which an individual care about religious or gender characteristics.
the opinions of others.
e. commitment – refers to an Guerilla- this term literally means “ little war”. Today, the
individual’s investment of energy term is used interchangeably with the term “ terrorism”.
and emotion in conventional
pursuits, such as getting good Mass Murder- The killing of a large number of people in a
grades. single violent outburst.
f. involvement – refers to the
Serial Murder- committed several killings over time or in
amount of time an individual
different places. The killing of a large number of people over
spends on a conventional pursuit. time by an offender who seeks escape detection.
g. belief – refers to acceptance of
the norms of conventional society. Road Rage- A term used to describe motorists who assault
each other.
Conflict Theory - The view that human behavior is shaped by
interpersonal conflict that those who maintain social power will Jus Dessert- the philosophy of justice that asserts that those
use it to further their own ends. who violate the rights of others deserve to be punished. The
severity of the punishment should be commensurate with the
Trait Theory - The view that criminality is a product of seriousness of the crime.
abnormal biological or psychological traits.
Criminal (criminological view point)- the moment a person
Developmental Theory - The view that criminality is a commits a crime, he is considered criminal.
dynamic process, influenced by social experiences as well as
individual characteristics. Doing Gender- Men’s struggle to prove their manliness.
Violence directed toward women is an especially economical
Rational Choice Theory (Right Realism Theory) - The view way to demonstrate manhood.
that crime is a function of a decision-making process in which
the would-be offender weighs the potential costs and benefits Masculinity Hypothesis - The view that women who commit
of an illegal act. crimes have biological and psychological traits similar to those
Relative Deprivation Theory (Left Realism Theory) - of men.
Closely associated with anomie theory, relative deprivation
suggests that crime happens when individuals or groups see Post-traumatic Stress Disorder - Psychological reaction to a
themselves as being unfairly disadvantaged compared to highly stressful event; symptoms may include depression,
other individuals or groups who they see as being similar to anxiety, flashbacks, and recurring nightmares.
themselves. Since the disadvantage is perceived and
determined by an individual, it is a subjective assessment. Cycle of Violence - Victims of crime, especially victims of
childhood abuse, are more likely to commit crimes
Liberal Feminist Theory - A view of crime that suggests that themselves.
the social and economic role of woman in society controls their
crime rates. Chivalry Hypothesis
- The idea that low female crime and delinquency
Racial Threat Theory - As the size of the black population rates are a reflection of the leniency with which police treat
increases, the perceived threat to the white population female offenders.
increases, resulting in a greater amount of social control Routine Activities Theory - The view that victimization
imposed on blacks. results from the interaction of three everyday factors: the
availability of suitable targets, the absence of capable
Chicago School- a group of urban sociologists who studied guardians, and the presence of motivated offenders.
the relationship between environmental conditions and crime.
a. Suitable Targets - Objects of crime (persons or
Conflict Perspective- it sees criminal law as closely property) that are attractive and readily available.
intentioned with the distribution of political power and b. Capable Guardians - Effective deterrents to crime,
economic sources in a society, conflict theorists claim that the such as police or watchful neighbors.
law benefits some groups to the detriment of others. c. Motivated Offenders - People willing and able to
commit crimes.
Consensus Perspective- They propose that the law reflects
shared values, rather than the norms and values of a Lifestyle Theories - Views on how people become crime
particular group. It regards that the law is more as a reflection victims because of lifestyles that increase their
of popular agreement of standard behavior.
exposure to criminal offenders.

Proletariat- refers to the working class members of society
Deviant Place Theory - The view that victimization is primarily
who produce goods and services but who do not own the
a function of where people live.
means of production.
HYPOGLYCEMIA
– a condition that occurs when the level of blood sugar falls APPROACHES IN CRIMINAL ETIOLOGY
below an acceptable range.
A. SINGLE OR UNITARY CAUSE APPROACH-
ELECTROENCEPHALOGRAM (EEG) criminal behavior caused by only one factor (either
- a tracing made by an instrument that measures the cerebral social, biological or mental)
functioning by recording brain wave activity with electrodes
that are placed on the scalp. B. MULTIPLE FACTOR THEORY APPROACH- caused
by combination of several factors ( some are major
ELECTROENCEPHALOGRAPH (EEG) the other are minor roles)
- A device that can record the electronic impulses given off by
the brain, commonly called brain waves. C. ECLECTIC THEORY APPROACH- one instance
may be caused by one or more factors while in the
AGING OUT PHENOMEMNON other instances caused by another set of factors
- The process by which individuals reduce the
frequency of their offending behavior as they age. It is also
CLASSIFICATIONS OF CRIMES
known as spontaneous remission, because people are
believed to spontaneously reduce the rate of their criminal
LEGAL CLASSIFICATIONS:
behavior as they mature. Aging out is thought to occur among
all groups of offenders. “ Decline in criminal activities with
1. According to law violated
age”.
a. Felony – an act or omission punishable by
ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) law which is committed by means of dolo
- A psychological disorder in which a child shows (deceit) or culpa (fault)and punishable under
developmentally inappropriate impulsivity, hyperactivity, and the Revised Penal Code
lack of attention.
b. Offense – an act or omission in violation of a
XYY Syndrome/ Kalotype Syndrome- born criminal special law
syndrome
c. Infraction – an act or omission in violation of
Biosocial Theory - Approach to criminology that focuses on a city or municipal ordinance
the interaction between biological and social factors as they
are related to crime. 2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is
August Aichorn- “latent delinquency” – youngsters who seek committed with deliberate intent. Thus, it is
immediate gratification without considering right and wrong called intentional felonies.
9lack of guilt)  freedom or voluntariness
 intelligence
Victim Precipitation Theory  intent
The view that victims may initiate, either actively or b. By means of culpa or fault
passively, the confrontation that leads to their victimization. - felonies committed by means of culpa
(fault)
Active Precipitation - Aggressive or provocative behavior of - the act or omission of the offender is not
victims that result in their victimization. malicious and the injury caused by the
offender is unintentional, it being the simply
Passive Precipitation - Personal or social characteristics of the incident of another act performed
without malice
victims that make them attractive targets for criminals; such
victims may unknowingly either threaten or encourage the  lack of foresight
attacker.  lack of skill
 negligence
CATEGORIES OF VICTIM  imprudence
1. PRIMARY VICTIMIZATION – personal victimization 3. According to the stages in the commission:

2. SECONDARY – when a person gets victimized a. Attempted – the crime is attempted when
inadvertently as a result of crime. the offender commences the commission of
3. TERTIARY – when the society as a whole becomes a felony directly or over acts, and does not
a victim. perform all the acts of execution which
4. Mutual Victimization – when the criminal is should produce the felony by reason of
retaliated against and become a victim himself. some cause or accident other than this own
5. No Victimizaton – victimless crimes
spontaneous desistance.
b. Frustrated - when the offender performs all
KINDS OF RISK
the acts of execution which would produce
HIGH RISK VICTIM- often live in high risk situations the felony as a consequence but which,
MEDIUM RISK- considered to work close to home and lock nevertheless do not produce it by reason of
their doors at night causes independent of the will of the
LOW RISK- usually remains close to home and work, and perpetrator.
generally do not frequent in places they do not know well. c. Consummated - when all the elements
necessary for its accomplishment and
CRIMES AND CRIMINALS
execution are present
CRIME
4. According to plurality:
 refers to an act committed or omitted in violation of a. Simple Crime – is a single act constituting
public law (Phil. Law Dictionary). only one offense.
 It also refers to an act committed or omitted in
violation of a public law forbidding or commanding it
(Reyes 2006).
b. Complex Crime – single act constituting a. Rational crimes – when the offender is capable
two or more grave felonies or an is a of knowing what he is doing and understanding
necessary means for committing the other the consequences of his actions.
b. Irrational Crimes – when the offender suffers
Two (2) Kinds of Complex Crime: from any form of mental disorders, insanity or
abnormality. Thus, the offender doesn’t know
1. Compound crime (delito compuesto) what he is doing.
2. Complex crime proper (delito complejo) 6. According to the type of offender:
5. According to gravity: a. White Collar Crimes – crimes committed by

those persons belonging to the upper socio-
a. Grave felonies - are those to which the law
economic status or in the course of his
attaches the capital punishment or penalties
occupational activities.
which in any of their period are afflictive.
b. Blue Collar Crimes – are those crimes
b. Less grave felonies - are those which the law
committed by ordinary criminals as a means of
punishes with penalties which in their maximum
livelihood.
period are correctional.
c. Light felonies - are infraction of laws for the
Why members of the society must be concerned
commission of which the penalty of arresto
with the study of crime
menor or a fine not exceeding 200 pesos or both
is provided.  PERVASIVE- affects almost all people regardless of
age, sex, race, nationality, religion, financial
6. According to the nature of the act:
condition, education and other personal
a. Crimes mala in se – are acts that are inherently circumstances
evil. Examples are murder, robbery, etc.
 EXPENSIVE- government and private sector spend
b. Crimes mala prohibita – are acts which are
enormous of money for crime detection, prosecution
prohibited only because there are laws
and other personal circumstances
forbidding such acts. Examples are Illegal
Possession of firearms, Traffic Violations, etc.
A. DIRECT EXPENSE- maintenance of police
and security guards
CRIMINOLOGICAL CLASSIFICATIONS OF CRIME:
B. INDIRECT EXPENSE- expense to those
1. According to the result of the crime:
which utilizes in crime prevention
a. Acquisitive crime – if the offender acquired or
 DESTRUCTIVE- many lives and property have been
gained something by committing the crime.
lost
Examples are robbery, estafa, bribery, etc.
b. Destructive crime – if the crime resulted in
 REFLECTIVE- crime rate or incidence in a locality
destruction, damage or even death. Examples
reflects the effectiveness of the social defenses
are arson, murder and homicide, damage to
primarily police system
property, etc.
 PROGRESSIVE- crime increases in volume on
2. According to the time or period of commission:
account of the increasing population
a. Seasonal crimes – are crimes that happen only
CRIMINAL
during a particular season or period of the year.
Examples are violation of election law, tax law - in the legal sense, a criminal is any person who
violations, etc. has been found to have committed a wrongful
b. Situational crimes – are crimes committed act in the course of the standard judicial process;
when the situation is conducive to the there must be a final verdict of his guilt
commission of the crime and there is an - in the criminological sense, a person is already
opportunity to commit it. Examples are considered a criminal the moment he committed
a crime
pickpocketing, theft, etc.
CLASSIFICATIONS OF CRIMINALS
3. According to the length of time of the commission:
1. According to etiology
a. Instant crimes – are those crimes that can be
a. Acute criminal – is a person who committed
committed in a very short time. Example: theft
crime as a result of reacting to a situation or
b. Episoidal crimes – are crimes committed
during a moment of anger or burst of feeling.
through series of acts or episodes and in much
b. Chronic criminal – is one who committed a
longer time. Example: serious illegal detention
crime with intent or deliberated thinking.
4. According to place or location: 1. Neurotic criminal – is one who has
mental disorder.
a. Static crimes – are committed only in one place. 2. Normal criminal – a person who
examples are theft and robbery commits crimes because he looks up
b. Continuing crimes – are crimes that take place to, idolizes people who are criminals.
in more than one place or several places.
examples: abduction, kidnapping, etc. 2. According to the type of offender:
5. According to the use of mental faculties:
a. Ordinary criminal – a criminal who engages in also saw that the law of punishment had to maintain
crimes which do not require specialized or proportionality to the crimes committed
technical skill
b. Organized criminal – is one who possesses 5) ROME’S TWELVE TABLES
some skills and know-how which enable him to
commit crimes and evade detection. - Roman law began with the Twelve Tables which
c. Professional criminal – a highly skilled were written in the middle of the sixth century BC
criminals which are engaged in a large scale - the Twelve Tables were the foundation of all
criminal activities ad usually operate in groups. laws in Rome and written in tablets of bronze
- the Twelve Tables were drafted by the
Decemvirs, a body of men composed of
3. According to criminal activities:
patricians
a. Professional criminal – a criminal who earns CRIMINAL LAW
his living through criminal activities.
b. Situational criminal – a person who got – is that branch of public law which defines crimes
involved in criminal act because the situation treats of their nature and provides for their punishment.
presented itself.
c. Habitual criminal – one who repeatedly Revised Penal Code or Act No. 3815
commits criminal act for different reasons.
d. Accidental criminal – a person who – book that contains the Philippine Criminal Law and
accidentally violated the law due to some different special laws and decrees which are penal in nature. It
circumstances. is called as RPC because the old penal code which took
effect in the country on July 14, 1887 and was in force until
STUDY OF CRIMINAL LAW Dec. 31, 1931 was revised by the Committee created by
Administrative Order No. 94 of the Department of Justice,
EVOLUTION OF CRIMINAL LAWS dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman,
A) PREHISTORIC CRIME AND PUNISHMENT Alex Reyes and Mariano de Joya as members.The RPC was
Primitive Tribes approved on Dec. 8, 1930 and took effect on January 1, 1932.
- punishment may be in the form of ostracism and
expulsion Principal Parts of the RPC
- adultery may be punished by the aggrieved
husband who may kill the adulterer and his own It is composed of two books; book one which is
offending wife composed of Articles 1-113 and book two covering Articles
- crime may be avenged by the victim himself or by 114-367.
the victim’s family
a. Articles 1-20 – principles affecting criminal
B) THE EARLY CODES liability
b. Articles 21-113 – penalties including criminal
1) CODE OF HAMMURABI and civil liability
c. Articles 114-367 – felonies
- Hammurabi, the king of Babylon during the
eighteenth century BC, is recognized as the first Characteristics of the RPC
codifier of laws
- it provides the first comprehensive view of the laws 1. Generality – the law is applicable to all
in the early days persons within the territory irrespective of
- the Code was carved in stone sex, race, nationality or civil status except:
- the “law of talion”, or the principle of “tit for tat”,(an
eye for an eye, tooth for a tooth) appears throughout a. Head of state
the Code
b. Foreign diplomats,
- under the principle of the law of talion, the
ambassadors, who are
punishment should be the same as the harm inflicted
duly accredited to our
on the victim
country
2) THE HITTITES c. Foreign troops permitted
to march within the
- the Hittites existed about two centuries after
territory
Hammurabi and eventually conquered Babylon
2. Territoriality - the RPC is applicable to
3) CODE OF DRAKON
felonies committed within the Philippine
- knows as the “ultimate in severity” territorial jurisdiction.
a. Philippine archipelago –
- codified by Drakon, the Athenian lawgiver of the all the islands that
seventh century BC comprise the Philippines
b. Atmosphere water – all
4) LAWS OF SOLON bodies of water that
connect all the islands
- Solon was appointed archon and was given such as bays, rivers and
legislative powers streams
- Solon repealed all the laws of the Code of Drakon, c. Maritime zone – the
except the law on homicide twelve (12) Nautical Mile
- Solon was one of the first to see that a lawgiver had limit beyond our shore
to make laws that applied equally to all citizens and measured at low tide
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF necessary to protect life and property and to maintain peace
THE REVISED PENAL CODE: and order.
It also comprises all the means used to enforce those
The Revised Penal Code shall be applicable to all standards of conduct which are deemed necessary to protect
cases committed outside the Philippine territorial jurisdiction individuals and to maintain general community well-being.
under the following circumstances: FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest
a) should commit an offense while on Philippine 2. Charging
ship or airship; 3. Adjudication
b) should forge or counterfeit any coin or currency 4. Sentencing
note of the Philippine Island or obligations and 5. Corrections
securities issued by the government of the
Philippines; CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM
c) while being a public officer or employee, should Criminal Law is the basis that takes place in the
commit an offense in the exercise of their Criminal Justice System. Only violations of Criminal Law are
functions’ being considered and processed in the Criminal Justice
d) should commit any of the crimes against national System. Where no violation of Criminal Law or where no
security and law of nations commission of the crime criminal justice as a process will not
operate.
3. Prospectivity - the provisions of the RPC
cannot be applied if the act is not yet CRIMINAL LAW
punishable on the time the felony was Criminal Law is that branch of public, which defines
committed. However, it may have a crimes, treats of their nature, and provides for their
retroactive effect if it is favorable to the punishment.
accused who is not a habitual delinquent.
TWO CLASSIFICATIONS OF CRIMINAL LAW
4. It is specific and definite. A. SUBSTANTIVE
Criminal law must give a strict definition of a -defines the elements that are necessary for
specific act which constitutes an offense. Where an act to constitute as a crime and therefore
there is doubt as to whether a definition embodied in punishable.
the Revised Penal Code applies to the accused or
not, the judge is obligated to decide the case in favor B. PROCEDURAL
of the accused. Criminal law must be construed - refers to a statute that provides
procedures appropriate for the
liberally in favor of the accused and strictly against
enforcement of the Substantive
the state. Criminal Law.
5. It is uniform in application. TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE

An act described as a crime is a crime no ADMINISTRATION OF THE CJS
matter who committed it, wherever committed in the
Philippines and whenever committed. No exceptions 1. PRESUMPTION OF INNOCENCE
This means that those who are accused of crimes are
must be made as to the criminal liability. The
considered innocent until proven guilty. The accused is
definition of crimes together with the corresponding entitled to all the rights of the citizens until the accused’s guilt
punishment must be uniformly construed, although has been determined by the court of law or by the accused’s
there may be a difference in the enforcement of a acknowledgment of his guilt that he or she indeed committed
given specific provision of the penal law. the crime. No less than the Constitution of the Philippines
provides that an accused shall be presumed innocent until
6. There must be a penal sanction or proven guilty.
punishment.
2. BURDEN OF PROOF
Penal sanction is the most essential part of In criminal cases means that the government must
the definition of the crime. If there is no penalty to a prove beyond “reasonable doubt” that the suspect committed
prohibited act, its enforcement will almost be the crime. In order to make sure that only those who are guilty
impossible. The penalty is acting as a deterrence of the crime as punished, our Rules on Evidence provides that
and as a measure of self-defense of the state to the evidence, in order to be sufficient to convict an accused for
a criminal act, proof beyond reasonable doubt is necessary.
protect society from the threat and wrong inflicted by
Unless his guilt is shown beyond reasonable doubt, he is
the criminal. entitled to an acquittal.
CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal
Justice System.
THE DIFFERENT NOMENCLATURES GIVEN TO THE

PERSON WHO IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is
referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of
CRIM 2- PHILIPPINE CRIMINAL JUSTICE probable cause or during the Preliminary
SYSTEM Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in
CRIMINAL JUSTICE SYSTEM Court, he is referred to as the ACCUSED.
Criminal Justice System refers to the sum total of 4. Once the Court has determined that the accused is
instrumentation which a society uses in the prevention and guilty beyond reasonable doubt as charged and the
control of crime and delinquency. It refers to the machinery of judgement has been rendered, he is referred to as
the state or government which enforces the rules of conduct the CONVICT.
5. It is only upon undergoing all the process when the the Bureau of Internal Revenue, and the Land Transportation
person has served the sentence when he can really Office, among many others.
be considered as a CRIMINAL. PHILIPPINE NATIONAL POLICE
- Organized pursuant to RA 6975, as amended by RA
THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL 8551 as further amended by R.A. 9708.
JUSTICE SYSTEM:
1. Law Enforcement RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:
2. Prosecution
3. Courts 1. RA 6975 - the “Department of the Interior and
4. Correction Local Government Act of 1990”
5. Community -approved on Dec 13, 1990
The three components of the Criminal Justice System in 2. RA 8551 – the “PNP Reform and Reorganization
the United States: Act of 1998.
1. Law Enforcement - approved on February 25, 1998.
2. Courts
3. Corrections 3. RA 9708 - “An Act extending for 5 years the
reglementary period for complying the minimum
PHILOSOPHIES BEHIND THE CJS educational qualification for appointment to the PNP
1. Adversarial Approach and adjusting the promotion system thereof”.
- assumes innocence - Approved on August 12, 2009
- the prosecutor has the burden of proof
- the emphasis is given on the proper PHILIPPINE NATIONAL POLICE
procedures - a law enforcement agency under the DILG.
- under administrative control and operational
2. Inquisitorial Approach supervision of the National Police Commission.
- assumes guilt It is an organization that is national in scope and
- the accused has the burden of proof civilian in character, as provided by Section 6, Article 16 of
- the emphasis is on the conviction of the the 1987 Philippine Constitution: “The state shall establish
accused and maintain one police force which shall be national in
scope and civilian in character…”
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:
1. LAW ENFORCEMENT NATIONAL IN SCOPE

- also called the POLICE pillar. It occupies the
- means that the PNP is a nationwide government
frontline of the CJS because they are regarded as the initiator
organization whose jurisdiction covers the entire
of the system. They are also the first contact of the law violator
breadth of the Philippine archipelago.
in the CJS process. It investigates, makes arrests and
- all uniformed and non-uniformed personnel of the
prepares evidence against the suspects needed to prosecute
PNP are national government employees.
them.
CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military,
2. PROSECUTION
although it retains some military attributes such as
- takes care of evaluating the evidence and formally
discipline.
charges the suspects before the court. It serves as screening
POWERS AND FUNCTIONS OF THE PNP
process on whether to file a case base on evidence or dismiss
1. Enforce all laws and ordinances relative to the
the same and determines what particular crime shall be
protection of lives and properties;
formally filed and presents the burden of proof against the
2. Maintain peace and order and take all necessary
suspect.
steps to ensure public safety;
3. Investigate and prevent crimes, effect the arrest of
3. COURT
criminal offenders, bring offenders to justice and
- conducts arraignment and trial. It issues warrant of
assist in their prosecution;
arrest if the accused is at large and acquits the innocent and
4. Exercise the general powers to make arrest, search
adjudicate penalty for the accused if found guilty.
and seizure in accordance with the Constitution and
pertinent laws;
4. CORRECTION
5. Detain an arrested person for a period not beyond
- responsible for the incarceration and rehabilitation
what is prescribed by law, informing the person so
of the convicted person to prepare for eventual reintegration in
detained of all his rights under the Constitution;
the community.
6. Issue licenses for the possession of firearms and
explosives in accordance with law;
5. COMMUNITY 7. Supervise and control the training and operations of
- helps the penitent offender to become law-abiding security agencies and issue licenses to operate
citizen by accepting the ex-convict’s re-entry and assists said security agencies and to security guards and private
penitent offender lead a new life as a responsible member of detectives, for the purpose of their professions.
the society
- not under or independent among the branches of
POLICE ROLES AND FUNCTIONS IN THE SOCIETY
the government.
FIRST PILLAR: LAW ENFORCEMENT I. LAW ENFORCEMENT

The law enforcement pillar is the branch of the The Philippine National Police has the power to
criminal justice system that has the specific responsibility of enforce laws and ordinances relative to the protection of
maintaining law and order and combating crime within the lives and property, such as the Revised Penal Code,
society. other special penal laws and city and municipal
The Law Enforcement as the first pillar is considered
ordinances.
to be the “initiator” or the “prime mover” of the Criminal Justice
System. This pillar is also commonly referred to as the police
pillar. II. CRIME PREVENTION - the elimination of the
This pillar is comprised of the different law opportunity for the commission of a crime.
enforcement agencies in the country such as the Philippine
National Police, the National Bureau of Investigation, the
III. POLICE PATROL
Philippine Drug Enforcement Agency, the Bureau of Customs,
Patrol has been described as the backbone b. Stolen or embezzled and other proceeds, fruits of the
of the police department. Theoretically, patrol offense; or
officers are the most valuable people in the c. Use or intended to be used as the means of the
commission of the offense.
organization.
CIRCUMSTANCES OF WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful arrest
IV. CRIME DETECTION under Sec. 12, Rule 128 Rules of Court
Crime detection is the discovery of the police b. Seizure of evidence in plain view
that a crime had been committed. c. Search of a moving vehicle
There are traditional ways that occurrence of crime is d. Consented warrantless search
made known to the police: e. Customs search
1) when the victim personally reports the crime f. Stop and frisk search, and
g. Exigent and emergency circumstances
to the police;
2) when a witness personally reports the crime VII. CRIMINAL INVESTIGATION - is an art, which
to the police; and deals with identity and location of the offender
3) when the police catches an offender while in and provides evidence of his guilt in criminal
the commission of a crime. proceedings.
V. CRIMINAL APPREHENSION - the legal term for NATIONAL BUREAU OF INVESTIGATION (NBI)
criminal apprehension is arrest. The National Bureau of Investigation (NBI) saw its
inception on November 13, 1936 upon approval of
ARREST/ APPREHENSION Commonwealth Act No. 181 by the legislature
Arrest is the taking of a person into custody in order that Tasked with organizing a Division of Investigation or
he may be bound to answer for the commission of an offense. DI patterned after the United States Federal Bureau of
Investigation were Thomas Dugan, a veteran American police
Modes of Arrest captain from the New York Police Department and Flaviano C.
1. arrest by virtue of a warrant Guerrero, the only Filipino member of the United States
2. arrest without a warrant Federal Bureau of Investigation.
On June 19, 1947, by virtue of Republic Act No. 157,
An arrest may be made on any day and at any time of the it was reorganized into the Bureau of Investigation. Later, it
day or night, even on a Sunday. was amended by Executive Order No. 94 issued on October 4,
1947 renaming it to what it is presently known, the National
WARRANT OF ARREST Bureau of Investigation (NBI).
- an order in writing issued in the name of the People The NBI is a government entity that is civilian in
character, and national in scope which is under the
of the Philippines, signed by a judge and directed to a
Department of Justice.
peace officer, commanding him to take a person into
custody in order that he may be bound to answer for
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
the commission of an offense
- created by the virtue of Republic Act 9165.
- shall remain valid until the person to be arrested has
been arrested or has surrendered - serves as the implementing arm of the Dangerous
Drug Board (DDB).
CIRCUMSTANCES OF WARRANTLESS ARREST: - Responsible for the efficient and effective law
enforcement of all the provisions on any dangerous
Arrest without warrant; when lawful. – A peace drug and/or controlled precursor and essential
officer or a private person may, without a warrant, arrest a chemical as provided in RA 9165.
person: - headed by Director General with the rank of
a. When, in his presence, the person to be arrested Undersecretary, appointed by the President.
has committed, is actually committing, or is - The head of the PDEA is assisted by 2 deputies
attempting to commit an offense; Director General, with the rank of Assistant
b. When an offense has just been committed and he Secretary, 1 for Operations and 1 for
has probable cause to believe based on personal Administration, also appointed by the President.
knowledge of facts or circumstances that the
person to be arrested has committed it; and SECOND PILLAR: PROSECUTION
Prosecution is the course of action or process
c. When the person to be arrested is a prisoner who whereby accusations are brought before a court of justice to
has escaped from a penal establishment or place determine the innocence or guilt of he accused.
where he is serving final judgment or is In a criminal action, it is a proceeding instituted and
temporarily confined while his case is pending, or carried on by due course of law, before a competent tribunal,
has escaped while being transferred from one for the purpose of determining the guilt or
confinement to another. The party in a criminal proceeding who instituted the
criminal action is called the prosecution.
VI. SEARCH AND SEIZURE The party against whom the criminal action was
Search refers to the examination of an individual’s instituted is called the defense.
person, house, papers or effects, or other buildings and In all criminal prosecutions, the real offended party is
premises to discover contraband or some evidence of guilt to the People of the Philippines, for a crime is an outrage
be used in the prosecution of a criminal action against, and its vindication is in favor of, the people in a
sovereign state. Thus, all criminal cases are titled “People of
SEARCH WARRANT the Philippines vs. _____(the name of the accused).
- an order in writing issued in the name of the People
of the Philippine, signed by a judge and directed to a THE PROSECUTOR
peace officer, commanding him to search for The prosecutor is the officer of the government
personal property described therein, and bring it whose function is the prosecution of criminal actions partaking
before the court the nature of criminal actions. He is also referred to as public
prosecutor and fiscal.
- has a validity period of TEN (10) days
- can be served only once within its validity period
THE NATIONAL PROSECUTION SERVICE (NPS)
The NPS was created by virtue of Presidential
PERSONAL PROPERTY TO BE SEIZED
Decree No. 1275, entitled “Reorganizing the Prosecution Staff
a. Subject of the offense;
of the Department of Justice and the Offices of the Provincial
and City Fiscals, Regionalizing the Prosecution Service and 6) If the investigating prosecutor finds cause to hold the
Creating the National Prosecution Service.” This law was respondent for trial, he shall prepare the resolution
enacted on April 11, 1978. and information. He shall forward the record of the
The NPS is under the supervision and control of the
case to the provincial or city prosecutor or chief state
Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government. prosecutor within five (5) days from his resolution.
- headed by a Prosecutor General (formerly known
as Chief State Prosecutor) pursuant to R.A. 10071, otherwise If the investigating prosecutor recommends
known as the “Prosecution Service Act of 2010”. dismissal of the case, the same procedure shall
apply.
PRELIMINARY INVESTIGATION
The provincial, city or chief state prosecutor
Preliminary investigation is an inquiry or
proceeding to determine whether there is sufficient ground to shall act on the resolution within ten (10) days from
engender a well-founded belief that a crime has been receipt and shall immediately inform the parties of
committed and the respondent is probably guilty thereof and such action.
should be held for trial (Sec. 112, Criminal Procedure, Rules of
Court). No complaint or information may be filed or
It is required to be conducted before the filing of dismissed by the investigating prosecutor without
the information for an offense where the penalty
prior written authority or approval of the provincial or
prescribed by law is at least 4 yrs, 2 mos. and 1 day.
The purpose of conducting preliminary investigation city or chief state prosecutor.
is to establish probable cause.
7) If the investigating prosecutor recommends the filing
Probable cause refers to the existence of such facts of the case but the provincial, city or chief state
and circumstances as would excite a belief in a reasonable prosecutor disapproves and wants the case
mind, acting on the facts within the knowledge of the dismissed, the provincial, city or chief state
prosecutor, that the person charged is guilty of the crime for prosecutor may dismiss the case without need for
which he is prosecuted. It is the degree of evidence required in
another preliminary investigation.
preliminary investigation.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY If the investigating prosecutor recommends

INVESTIGATION: dismissal of the case but the provincial, city or chief
a. Provincial or City Prosecutors and their assistants; state prosecutor finds probable cause, the provincial,
b. judges of the municipal trial courts and municipal city or chief state prosecutor may file the information
circuit trial courts with the court without the need for preliminary
c. National and Regional State Prosecutors; and
investigation.
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan’s special prosecutors as authorized 8) In case either party is not satisfied with the findings of
by the Ombudsman the provincial, city or chief state prosecutor, he may
2. COMELEC’s authorized legal officers in submit his petition with the Secretary of Justice.
connection with election offenses
3. special prosecutors appointed by the Secretary
of Justice The Secretary of Justice has the power to
modify the resolution of the provincial, city of chief
PROCEDURE FOR PRELIMINARY INVESTIGATION state prosecutor. The Secretary may affirm or reverse
(Section 3, Rule 112, Criminal Procedure) the resolution of the provincial, city or chief state
prosecutor without conducting another preliminary
1) There must be a complaint accompanied by the investigation.
affidavit of the complainant and his witnesses as
well as other supporting documents to establish COMPLAINT
probable cause. - is a sworn written statement charging a person
with an, offense, subscribed by the offended
2) The investigating prosecutor shall either dismiss the
party, any peace officer or other public officer
case or issue a subpoena to the respondent within charged ,with the enforcement of the law
ten (10) days after filing of the complaint. violated.
3) The respondent shall submit his counter-affidavit
and that of his witnesses within ten (10) days from
receipt of the subpoena. If the respondent cannot INFORMATION
be subpoenaed or if he failed to submit his counter- - an accusation in writing charging a person with
affidavit within the prescribed period, the an offense, subscribed by the prosecutor and
investigating prosecutor shall resolve the complaint filed with the court.
based on the evidence presented by the complainant.
An affidavit is a statement of facts under oath.
A subpoena is a process directed to a person
4) The investigating prosecutor may set a hearing if requiring him to attend and to testify at the hearing or the trial
there are facts or issues to be clarified. The hearing of an action, or at any investigation conducted under the law,
shall be held within ten (10) days from the or for the taking of his deposition (Section 1, Rule 23, Rules of
submission of the counter-affidavit, or from the Courts).
expiration of the period of submission. Such
INQUEST PROCEEDING
hearing shall be terminated within five (5) days.
Inquest procedure is an inquiry made by the duty
prosecutor to determine the legality of the arrest made
5) Within ten (10) days after the investigation, the especially those arrests made without a warrant. Each police
investigating prosecutor shall determine whether or station or headquarters should in principle also have
not there is sufficient ground to hold the respondent designated inquest prosecutors to process inquest procedures
for trial.The termination of the hearing shall be the with a schedule of assignments for their regular inquest duties
end of the investigation.
This process requires the prosecutors to resolve the
complaint the police filed in a prescribed period which varies KINDS OF JURISDICTION
depending on the gravity of the offense: 1. General – when the court is empowered to decide
all disputes which may come before it except those
Light penalties = 12 hours assigned in other courts.
Correctional penalties = 18 hours 2. Limited – when the court has the authority to hear
Afflictive penalties = 36 hours and determine only a few specified cases.
RA 9165 (Drugs) = 24 hours 3. Original - when the court can try and hear a case
RA 9372 (Terrorism)= 72 hours presented for the first time
4. Appellate – when the court can try a case already
BAIL heard and decided by a lower court, removed from
Bail is defined as the security given for the release of the latter by appeal
the person in the custody of the law, furnished by him or the 5. Exclusive – when the court can try and decide a
bondsman, to guarantee his appearance before any court as case which cannot be presented before any other
required under the conditions as specified. court
The purpose of bail is to secure the appearance of 6. Concurrent – when any of two or more courts may
the accused before the court when so required and to provide take cognizance of a case.
the accused of his temporary liberty while awaiting the
processing and disposition of the case filed against him THE PHILIPPINE JUDICIARY
Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization
KINDS OF BAIL: Act of 1980 which defines the organization, composition and
1. Property bond; jurisdiction of the courts.
2. Corporate Surety;
3. Cash Deposit;
4. Recognizance. I. REGULAR COURTS
THIRD PILLAR: COURT 1. SUPREME COURT (SC)

Court, as the third pillar, is said to be the centerpiece - the highest court of the land.
of the criminal justice system and its primary and most - composed of a Chief Justice and 14 Associate
important function as a component of the criminal justice Justices.
system is to decide whether the accused is guilty or not - has appellate jurisdiction over cases decided by the
guilty of the crime he is accused of committing. It is within Court of Appeals and has the power of judicial
the power of this pillar to end the process for the accused or to review.
proceed with the next pillar, which is correction. - the court of last resort
- a body to which the public administration of justice
is delegated, being a tribunal officially assembled under 2. COURT OF APPEALS (CA)
authority of law at the appropriate time and place for the - headed by a Presiding Justice and composed of
administration of justice through which the State enforces its sixty-eight (68) Associate Justices.
sovereign rights and powers. - has appellate jurisdiction over cases decided by the
- a court is an organ of the government belonging to Regional Trial Courts.
the judicial department whose function is the application of - It reviews not only the decisions and orders of the
the laws to controversies brought before it and the public for
Regional Trial Courts nationwide, but also those of
the administration of justice the Court of Tax Appeals
JUDICIAL POWER 3. REGIONAL TRIAL COURTS (RTC)
- is the power to apply the laws to contests or
- presided by a Regional Judge.
disputes concerning legally recognized rights or duties of and
- has general jurisdiction over criminal cases and has
between the state and the private persons or between
jurisdiction over offenses punishable with
individual litigants in cases properly brought before the judicial
imprisonment of six (6) years and one (1) day and
tribunals. It is vested in one Supreme Court and in such lower
over.
courts as may be established by law.
- has appellate jurisdiction over cases decided by the
POWER OF JUDICIAL REVIEW MTCC, MTC, MeTC and MCTC.
- is the power of the Supreme Court to determine
whether laws passed by Congress and acts of the President 4. Municipal Trial Courts/Municipal Trial Courts in
are in accordance with the Constitution when the matter is Cities/Municipal Circuit Trial Court/Metropolitan Trial
raised. Court
Original Jurisdiction: (a) all violations of city and
NOTE: All courts have judicial power but only the municipal ordinances, (b) all offenses punishable with
Supreme Court has the power of judicial review. imprisonment not exceeding six (6) years irrespective of the
amount of fine, (c) damage to property through criminal
JURISDICTION negligence.
 It is the authority of the court to hear and try a
MUNICIPAL TRIAL COURTS (MTC)
particular offense and to impose the punishment
provided by law.  every municipality in the Philippines has its own
Municipal Trial Court and every MTC covers only
VENUE one municipality.
 Refers to the place, location or site where the case is
MUNICIPAL TRIAL COURTS IN CITIES (MTCC)
to be heard on its merits.
 These are the equivalent of the Municipal Trial Courts
REQUISITES FOR A VALID EXERCISE OF CRIMINAL in cities outside Metropolitan Manila.
JURISDICTION:
1. The offense is one which the court is by law MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
authorized to take cognizance of  A Municipal Circuit Trial Court is a municipal trial
2. The offense must have been committed within its court which covers two or more municipalities.
territorial jurisdiction
3. The person charged with the offense must have METROPOLITAN TRIAL COURTS (MeTC)
been brought to its presence for trial, forcibly, by  are Municipal Trial Courts in the cities in the
warrant of arrest or upon his voluntary submission to Metropolitan Manila Area as distinguished from the
the court. other political subdivisions in the Philippines.
SECOND STAGE: PRE-TRIAL
II. SPECIAL COURTS - a conference called by the judge that requires the
presence of both the prosecution and the accused
1. SANDIGANBAYAN before the beginning of a trial
- created under Presidential Decree No 1606. - mandatory in all criminal cases
- Its rank or level is equal to that of the Court of
Appeals and Court of Tax Appeals. The following are to be taken up during the conference:
- It is composed of a Presiding Justice and fourteen a. plea bargaining;
(14) Associate Justices. b. stipulation of facts;
- This special court is tasked to handle criminal cases c. marking for identification of evidence of the parties;
involving graft and corruption and other offenses d. waiver of objections to admissibility of evidence;
committed by high- ranking public officers e. modification of the order of trial if the accused admits
and employees in connection with the performance of the charge but interposes a lawful defense;
their functions. f. such other matters as will promote a fair and
- It has original exclusive jurisdiction over public expeditious trial of the criminal and civil aspects of
officers accused of committing crimes in relation to the case.
their official functions and whose salary grade is 27
and above. PLEA BARGAINING
- the process whereby the accused, the offended party
2. COURT OF TAX APPEALS (CTA) and the prosecution work out a mutually satisfactory
- created by Republic Act No 1125, as amended by disposition of the case subject to court approval
Republic Act No 9282.
- Its rank or level is equal to that of the Court of THIRD STAGE: TRIAL
Appeals and Sandiganbayan. Trial is the examination before a competent tribunal,
- It is composed of a Presiding Justice and five (5) according to the laws of the land, of the facts put in issue in a
Associate Justices. case, for the purpose of determining such issue. It is the
- - It has both the original and appellate jurisdictions period for the introduction of evidence by both parties.
over civil and criminal tax cases involving - the period for the introduction of evidence by both
the National Internal Revenue Code, Tariff and parties.
Customs Code and the Local Government - it shall in no case exceed 180 days the first day of
Assessment Code. the trial, except as otherwise provided by the Supreme Court.
3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083,
otherwise known as the Code of Muslim Personal
Laws of the Philippines. FOURTH STAGE: JUDGMENT
- the adjudication by the court that the accused is guilty
- It has exclusive jurisdiction over cases that pertain to
or not guilty of the offense charged and the
family rights and duties as well as contractual
imposition of the proper penalty and civil liability
relations of Filipino Muslims. And decisions rendered
by the Shari’a District Courts are final. - defined as the decision or sentence of the given by a
court as the result of proceedings instituted therein
JUDICIAL AND BAR COUNCIL (JBC)
The Judicial and Bar Council, or JBC, is a body Judgment of Conviction - if the judge finds the accused
created by the 1987 Philippine Constitution under the guilty of the charges against him.
supervision of the Supreme Court. It has the principal function
of recommending appointees to the Judiciary. All justices and Judgment of Acquittal - if the judge finds the accused
judges are appointed by the President from a list of at least not guilty of the charges against him.
three (3) nominees prepared by the Judicial and Bar Council.
Promulgation of Judgment - is an official proclamation
CRIMINAL PROCEEDINGS or announcement of the decision of the court. The judgment is
promulgated by reading in the presence of the accused and
any judge of the court in which it was rendered.
A criminal proceeding consists of five main stages or parts:
1) Arraignment A judgment becomes final:
2) Pre-trial 1. when the period for perfecting
3) Trial appeal an appeal has lapsed;
4) Judgment 2. when the sentence is partially or
5) Appeal totally satisfied or served;
3. when the accused expressly
First Stage: ARRAIGNMENT waives in wilting his right to appeal and
- the reading of the criminal complaint or information to 4. when the accused applies for
the defendant, by the judge or clerk of court, and the probation.
delivering to him a copy thereof, including a list of
witnesses, and asking him whether he pleads guilty FIFTH STAGE: APPEAL
or not guilty as charged - the elevation by an aggrieved party of any decision,
- the stage where the accused is formally informed of order or award of a lower body to a higher body, by
the charges against him by reading before him the means of a document which includes the assignment
information or criminal complaint and asking him of errors, memorandum of arguments in support
whether he pleads guilty or not guilty as charged thereof, and the reliefs prayed for.
- the stage where the issues are joined in criminal - an appeal must be within fifteen (15) days from
action and without which the proceedings cannot promulgation of judgment, the period for perfecting
advance further an appeal.
- requires that the accused be personally or physically
present in court - the accused may or may not appeal his case
- when the accused decides not to appeal his case, the
Plea is the response of the accused when asked whether decision becomes final and executory
he is guilty or not guilty of the offense charged. It is of two - on appeal, the State is represented by the Solicitor
kinds: General
1. guilty plea, which must be unconditional; and
2. not guilty. FOURTH PILLAR: CORRECTIONS
Corrections is the fourth component of the criminal 5. JUSTICE - the State punishes the criminal as an act
justice system. It is the branch of administration of criminal of retributive justice, a vindication of absolute right
justice charged with the responsibility for the custody, and moral law violated by the criminal.
supervision and rehabilitation of convicted offenders. It also
deals with punishment, treatment and incarceration of
offenders. JURIDICAL CONDITIONS OF PENALTY
It is composed of the institutional and non-institutional
agencies of the government. 1. JUDICIAL AND LEGAL - penalty must be imposed by
the proper authority and by virtue of a judgment as
PENOLOGY prescribed by law.
- a branch of criminology which deals with the
treatment, management and administration of
2. DEFINITE - penalty must be specific and exact.
inmates
PURPOSES/OBJECTVES OF MODERN CORRECTIONS: 3. COMMENSURATE - penalty must be proportional to

the gravity or seriousness of the crime committed.
1. RETRIBUTION
-imprisonment is supposed to be the payment of the 4. PERSONAL - penalty must be imposed only to the
offender to the victim or the victims family for the crime he person who actually committed the crime with no
committed against him or them substitutes.
2. DETERRENCE
5. EQUAL - penalty must be applied to all who
- imprisonment is supposed to discourage convicted
offenders from committing crimes again because of their committed the offense.
experience in the prison or jail
-at the same time, imprisonment is supposed to PUNISHMENT
discourage  it is the redress that the state takes against the
offender member of society
3. ISOLATION
- convicted offenders are separated from society to TIME WHEN CORRECTIONS ENTER INTO THE PICTURE
prevent them from committing another crime IN THE ADMINISTRATION OF CJS
- at the same time, imprisonment protects law-abiding Correctional Institutions enter into the picture, as a
citizens from the harm criminals may inflict on them rule, when the conviction of the accused has become final and
executory. That is, when the judicial process has been
4. REFORMATION completed and the court issues MITTIMUS for the
- this involves the use of punitive and disciplinary enforcement of its decision.
measures such as solitary confinement to modify or reform Although, Correctional Institutions, Jails in particular,
criminal behavior whose conduct and deportment is not totally may receive an accused for custody or detention only, in
responding to rehabilitation programs which case the court issues a COMMITMENT ORDER.
5. REHABILITATION MITTIMUS
- based on the premise that through correctional - is a warrant issued by a court bearing its seal and the
intervention, such as educational and vocational training and signature of the judge directing the jail or prison
psychotherapeutic programs, an offender may be changed authorities to receive the convicted offender for
service of sentence.
6. REINTEGRATION
- the effort of correction to change criminal behavior COMMITMENT ORDER
should result in a situation and ability on the part of the - is a written order of a court or authority consigning a
penitent offender to return to society in some productive person to jail or prison for detention.
and meaningful capacity in a free community.
TWO DIVISIONS OF CORRECTIONS
1) Institutional Corrections
PENALTY 2) Non-Institutional Corrections
 the suffering that is inflicted by the State for the
transgression of the law INSTITUTIONAL CORRECTIONS
 refers to punishment imposed by a lawful authority
upon a person who commits a deliberate or negligent DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
act. Penalty can take the form of imprisonment,
payment of fines and damages, among others. OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga
JUSTIFICATION FOR PENALTIES Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal
1. PREVENTION - the State punishes the criminal to Decree
prevent or suppress the danger to the State and to - later, it was transferred to its new site in Muntinlupa
the public arising from the criminal acts of the
BUREAU OF PRISONS
offender. - created pursuant to Act No 1407, otherwise known
as the Reorganization Act of 1905, enacted on 1 November
2. SELF-DEFENSE - the State punishes the criminal as 1905, as an agency under the Department of Commerce and
a measure of self-defense to protect society from the Police
threat and wrong inflicted by the criminal. - was renamed Bureau of Corrections (Bucor)
pursuant to Executive Order No 292 dated 22 November
1989.
3. REFORMATION - the State punishes the criminal to
help him reform or be rehabilitated. SEVEN (7) PRISONS AND PENAL FARMS IN THE
PHILIPPINES
4. EXEMPLARITY - the State punishes the criminal to
serve as an example to others and discourage others 1. SAN RAMON PRISON AND PENAL FARM
from committing crimes. - was established in Southern Zamboanga on 21
August 1869.
- was established during the tenure of Governor 2. Provincial Jails – jails for the safekeeping of prisoners at
General Ramon Blanco, whose patrol saint the prison the capital of each province. It shall be under the supervision
was named after. and control of the provincial governors.
- was established originally for persons convicted of
political crimes 3. Bureau of Jail Management and Penology (BJMP) –
- considered the oldest penal facility in the created by virtue of Republic Act 6975, exercises supervision
Philippines. and control over all district, city and municipal jail nationwide.
Formally established on January 2, 1991.
2. IWAHIG PENAL COLONY
- established on 16 November 1904 in Puerto DETENTION PRISONERS - those held for security reasons,
Princesa City, Palawan. investigation, those awaiting or undergoing trial and awaiting
- originally served as a depository for prisoners who judgment
could not be accommodated at the Old Bilibid Prison
in Manila SENTENCED PRISONERS - those convicted by final
- classified as a penal institution in 1907 by virtue of judgment and are serving their sentence
Act No 1723.
PD 29 – the law that classified prisoners
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW) CLASSIFICATION OF PRISONERS
- created by virtue of Act No 3579 enacted on
November 1931. 1. Detention Prisoners
- located at Welfareville, Mandaluyong City a. Persons held for security reasons
- established to accommodate female prisoners b. Persons held for investigation
- the female prisoners from the Old BIlibid Prison c. Persons waiting for final judgment
were transferred to CIW on 14 February 1931. d. Persons waiting for trial
4. DAVAO PENAL COLONY 2. Sentenced Prisoners – prisoners who convicted by

- the first penal settlement founded and organized judgment by competent court.
under Filipino Administration
- established in 21 January 1932 by virtue of Act No a. Municipal Jail Prisoner –
3732 sentenced to serve a prison term
- located in the districts of Panabo and Tagum in for 1 day to 6 months.
Davao del Norte. b. City Jail Prisoner – sentenced to
serve imprisonment for 1 day to 3
5. NEW BILIBID PRISON years
- originally was located in Manila before it was c. Provincial Jail – sentenced to 6
transferred to Muntinlupa City in 1935 months one day to 3 years
- officially named the New Bilibid Prison on 22 d. National or insular Prisoners –
January 1941 Sentenced to 3 years 1 day to
- has three security facilities/camps: Reclusion Perpetua or Life
a. maximum security – for those Imprisonment.
whose sentence is twenty years PRISON
and above  derived from the Spanish word, “presidio”
b. medium security – also called  under the supervision of the national government
Camp Sampaguita; for those through the Bureau of Corrections under the
whose sentence is less than twenty Department of Justice
years
 has custody over convicted offenders whose
c. minimum security – also called
sentence is imprisonment of three years and one
Camp Bukang Liwayway; for those
day and above
who are physically-handicapped,
sixty-five (65) years old and above,
and those who have only six (6) JAIL
months remaining in their  derived from the Spanish words, “jaula” and “caula”
sentence.  under the supervision of the local government
through either the Office of the Provincial Governor
6. SABLAYAN PRISON AND PENAL FARM or Bureau of Jail Management and Penology, both
- established on 27 September 1954 by virtue of under the Department of Interior and Local
Presidential Proclamation No 72 Government
- located in Occidental Mindoro  has custody over convicted offenders whose
- the facility where prisoners from the New Bilibid sentence is imprisonment of three years or less
Prison are brought for decongestion purposes  has custody over offenders who are in detention
while undergoing investigation, undergoing trial and
7. LEYTE REGIONAL PRISON awaiting judgment
- was established in 16 January 1973 by virtue of
Presidential Decree No 28 NON-INSTITUTIONAL CORRECTIONS
- situated in Abuyog, Southern Leyte
- admits convicted offenders from Region 6 and from 1. BOARD OF PARDONS AND PAROLE
the national penitentiary in Muntinlupa - grants parole and recommend to the President the
INSTITUTIONAL CORRECTIONAL AGENCIES IN THE grant of any form of executive clemency to deserving
PHILIPPINES prisoners or individuals
- reviews reports submitted by the Parole and
1. BUREAU OF CORRECTIONS (BUCOR) Probation Administration and make necessary
- an attached agency of the Department of Justice decisions
- principal task is for the rehabilitation of prisoners - a functional unit under the Department of Justice.
- maintains its offices at the New Bilibid Prison
Compound in Muntinlupa City
2. PAROLE AND PROBATION ADMINISTRATION
- exercises over all control and supervision of all the
corrections/prisons facilities nationwide - originally called Probation Administration and was
- has custody of prisoners sentenced to imprisonment created by virtue of PD 968 of 1976 to administer the
of more than three (3) years probation system
- was renamed Parole and Probation Administration by
EO No 292
- given the added function of supervising prisoners effectively addressing the law and order concern of the
who, after serving part of their sentence in jails or citizenry.”
prisons, are released on parole with parole conditions
The responsibilities of the community in relation to Law
- an attached agency to the Department of Justice Enforcement.
As one of the pillars or component of the Criminal
3. Department of Social Welfare and Development (DSWD) Justice system, the community with its massive membership
– renders services for Children in Conflict with the Law (CICL) has vital responsibilities in law enforcement.
(RA 9344, Juvenile Justice and Welfare Act of 2006, April 28,
2006). The citizens can achieve these roles:
(a) identifying offenders;
EXECUTIVE CLEMENCY (b) giving data about the illegal activities and cohorts of the
- the collective term for absolute pardon, conditional criminals, and the proliferation of organized crimes and
pardon, reprieve and commutation of sentence. syndicates;
(c) volunteering as witnesses;
1. PARDON (d) adopting precautionary and remedial measures to diminish
- is a form of executive clemency granted by the crime.
President as a privilege extended to convicts as a As had been pointed out, crime prevention is not the
discretionary act of grace sole responsibility of the police but is equally the concern of
every citizen in order to have a peaceful place to live in.
TWO (2) KINDS OF PARDON
a. ABSOLUTE PARDON - refers to the total KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)
extinction of the criminal liability of the
individual to whom it is granted without any PD 1293 – the law “Creating a Katarungang Pambarangay
condition whatsoever and restores to the Commission to Study The Feasibility of Resolving Disputes at
individual his civil rights and remits the the Barangay Level”
penalty imposed for the - promulgated on 27 January 1978
b. CONDITIONAL PARDON - refers to an PD 1508 – the law “Establishing a System of Amicably
exemption of an individual, within certain Settling Disputes at the Barangay Level”
limits or conditions, from the punishment
that the law inflicts for the offense he has RA 7160 – otherwise known as the “Local Government Code
committed resulting in the partial extinction of 1991”
of his criminal liability - provides for the REVISED KATARUNGANG
2. REPRIEVE PAMBARANGAY LAW
- the temporary stay of the execution of a sentence, - enacted on 10 October 1991
usually a death sentence
- another prerogative exercised by the President LUPONG TAGAPAMAYAPA
- generally, applied to death sentences already - It is a body of men created to settle disputes within
affirmed by the Supreme Court the barangay level. It is also referred to as the
LUPON.
3. COMMUTATION OF SENTENCE - The Lupon shall be composed of the Barangay
- an act of clemency by which a heavier or longer Chairman as Chairman of the Lupon and the
sentence is reduced to a lighter or shorter term Barangay Secretary as the Secretary of the Lupon,
- refers to the reduction of the duration of a prison plus other members who shall be not less than ten
sentence (10) but not more than twenty (20).
- another prerogative of the President - Any resident of the barangay of reputable character
4. AMNESTY may be appointed as member of the Lupon.
Members of the Lupon shall be appointed by the
- a special form of pardon exercised by the President
Barangay Chairman.
- a general pardon extended to a certain class of
- The Lupon shall be constituted every three years.
people who are usually political offenders
- A Lupon member shall serve for a period of three
- needs the concurrence or approval of Congress
years.
- Essentially, the Lupon must provide a forum for
PAROLE
matters relevant to the amicable settlement of
disputes for the speedy resolution of disputes.
- a procedure by which prisoners are selected for
release on the basis of individual response
PANGKAT TAGAPAGKASUNDO
and progress within the correctional institution and a
- It shall act as the conciliation panel. It is also referred
service by which they are provided with necessary
control and guidance as they serve the remainder of to as the PANGKAT.
their sentence within the community - It shall be composed of three (3) members chosen
- provided by Act No 4103, the Indeterminate from the members of the Lupon. They shall choose
Sentence Law, which took effect on 5 December from among the three of them the Pangkat Chairman
1933. and Pangkat Secretary.
- The Pangkat shall be constituted whenever a dispute
PROBATION is brought before the Lupon.
Is a disposition under which a defendant after - The members of the Pangkat shall be chosen by the
conviction and sentence, is released subject to conditions parties of the dispute from among the Lupon
imposed by the court and under the supervision of a probation members. In case of disagreement, the Barangay
officer. It is a privilege granted by the court to a person Chairman shall draw lots.
convicted of a criminal offense to remain in the community
instead of actually going to prison. Matters that fall under the jurisdiction of the Lupon:
- provided by Presidential Decree No 986, the a. those involving offenses that are punishable by the
Probation Law of 1976 imprisonment of one year and below, or a
fine in the amount of five thousand pesos
FIFTH PILLAR: COMMUNITY and below;
b. those involving parties that actually reside or work in
Role of the Community as the fifth pillar of the Criminal the same barangay;
Justice System c. those involving marital and family disputes;
The community is understood to mean as “elements d. those involving minor disputes between neighbors;
that are mobilized and energized to help authorities in e. those involving real properties located in the
barangay;
VENUE FOR AMICABLE SETTLEMENT unless the settlement has been repudiated by the
- disputes between persons actually residing in the parties.”
same barangay shall be brought for amicable
settlement before the Lupon of said barangay; The amicable settlement shall have the force and
- those involving actual residents of different
effect of a final judgment of a court upon the expiration of ten
barangays within the same city or municipality shall
be brought in the barangay where the respondent (10) days from the date of settlement.
actually resides;
- all disputes involving real property or any interest
shall be brought in the barangay where the real
property or the larger portion is situated;
- those arising at the workplace where the contending
parties are employed or at the institution where such
parties are enrolled for study shall be brought in the
barangay where such workplace or institution is
located.
PROCEDURE FOR AMICABLE SETTLEMENT
Any individual who has a cause of action against

another individual involving any matter within the authority of
the Lupon may complain, orally or in writing, to the Lupon.
COMPLAINANT – the person who filed the complaint

against the respondent
RESPONDENT – the person who is being
complained of
CAUSE OF ACTION – an act or omission of one

party in violation of the legal rights of another for which the
latter suffers damage which affords a party to a right to judicial
intervention
MEDIATION OR CONCILIATION – the process

whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their disputes.
 The Chairman shall meet with the respondent and

complainant and mediate. If he fails in his mediation
within fifteen (15) days, he shall set a date for the
constitution of the Pangkat.
 The Pangkat shall meet not later than three (3) days
after their constitution, on the date set by the
Chairman, to hear both parties.
 The Pangkat shall arrive at a settlement of the

dispute within fifteen (15) days from its meeting. This
period may be extended for another fifteen (15) days,
at the discretion of the Pangkat.
 The Pangkat shall meet not later than three (3) days
after their constitution, on the date set by the
Chairman, to hear both parties.
 The Pangkat shall arrive at a settlement of the

dispute within fifteen (15) days from its meeting. This
period may be extended for another fifteen (15) days,
at the discretion of the Pangkat.
 All amicable settlement shall be in writing.
IMPORTANCE OF RESORTING TO AMICABLE

SETTLEMENT BEFORE GOING TO THE POLICE
Disputes that fall under the jurisdiction of the

barangay must be brought to the barangay before it can be
brought to the police. Parties must attempt to have their
disputes amicably settled at the barangay level because the
law dictates that it is a pre-condition to filing of complaint in
court. As stated in Section 412 of RA 7160:
“No complaint involving any matter within CRIM 3- ETHICS & VALUES
the authority of the Lupon shall be filed directly
in court unless there has been a confrontation PART ONE - GENERAL and SPECIAL ETHICS
between the parties before the Chairman or the
Pangkat, and that no conciliation or settlement ETHICS
has been reached as certified by the Secretary, or - the science of the morality of human acts
- the study of the human motivation, and ultimately of penalty for commission of a crime
human rational behaviour circumstances of warrantless arrests
- derived from the Greek word, ethos, which means
characteristic way of acting and ethikos, which 3) RIGHT TO PROPERTY
means customary Exceptions:
circumstances of warrantless search
TWO DIVISIONS OF ETHICS by virtue of court order
1) GENERAL ETHICS
- the study of the general principles of morality BILL OF RIGHTS
- a list of individual liberties, freedom and rights which
) SPECIAL ETHICS are guaranteed and protected under Article III of the 1987
- the study of the application of the general principles Philippine Constitution
of morality; included in this division is the category of - protection of individuals against abuses of the state
professional ethics - protection of the rights of an accused
MORALITY PROFESSIONAL ETHICS

- the quality which makes an act good or bad, good or - a set of moral code to which every profession must
evil, right or wrong subscribe
- guides the professional where the law is silent or
inadequate
FOUR MORAL/CARDINAL VIRTUES
1) PRUDENCE POLICE ETHICS
- the ability to govern and discipline oneself by means - an example of professional ethics
of reason and sound judgment - a practical science that treats the principle of human
- the virtue that attracts the intellect to choose the most morality and duty as applied to law enforcement
effective means for accomplishing what is morally
good and avoiding what is evil VALUES
- anything that a person considers important in life,
2) TEMPERANCE such as material things, ideas and experiences
- one’s ability to moderate or avoid something
- the virtue that regulates the carnal appetite for VIRTUE
sensual pleasures - a habit that inclines the person to act in a way that
harmonizes with his nature
3) FORTITUDE - the habit of doing good
- firmness of mind - the opposite is vice, the habit of doing bad
- the courage to endure without yielding
- the virtue that incites courage DUTY
 Anything we are obliged to do or to omit
a) PATIENCE – calmness and composure in  A moral obligation incumbent a person doing,
enduring situations omitting or avoiding
b) PERSEVERANCE – the ability to go on despite  For every right, there is a corresponding duty
the obstacles
c) ENDURANCE – the ability to last KINDS OF DUTIES
4) JUSTICE Natural Duties- are those impose by the natural law the duty
- the virtue that inclines the will to give to each one of to care for our health
his rights
Positive Duties- are those impose by a human positive law
THREE DIVISIONS OF JUSTICE such as the duty to pay taxes and to observe traffic rules.
1) COMMUTATIVE
- virtue that regulates those actions that involve the Affirmative Duties- are those which require the performance
rights that exist between one and another of a certain act such as casting ballot during election, applying
2) DISTRIBUTIVE for business license.
- Regulates those actions that involve the rights than
an individual may claim from society NEGATIVE DUTIES- are those which require the omission of
3) LEGAL a certain act such as not carrying illegal firearms, or not
- virtue that regulates those actions which society may destroying the property of other.
justly require of the individual for the common good
RIGHT PART TWO - THE PHILIPPINE NATIONAL

- anything that is owed or due POLICE CODE OF PROFESSIONAL CONDUCT AND
- something to which a person has a just and lawful claim ETHICAL STANDARDS
- anything that a person can lawfully demand
BACKGROUND ON THE PNP CODE OF PROFESSIONAL
HUMAN RIGHTS CONDUCT AND ETHICAL STANDARDS
- rights pertaining to the rights of man
- rights inherent to man by virtue of being a human being SECTION 37, RA 6975
- are the supreme, inherent and inalienable rights to life,
dignity and to self-development “There shall be established a performance evaluation
system which shall be administered in accordance with the
BASIC HUMAN RIGHTS rules, regulations and standards, and A CODE OF CONDUCT
1) RIGHT TO LIFE promulgated by the Commission for members of the PNP…”
Exceptions:
self-defense NAPOLCOM RESOLUTION NO 92-4
death under exceptional circumstances - resolution issued by the NAPOLCOM approving the
death penalty draft of the Philippine National Police Code of
Professional Conduct and Ethical Standards by the
2) RIGHT TO LIBERTY PNP
Exceptions: - approved on 12 March 1992
for reasons of public health and public safety LAWS RELATED TO THE PNP CODE
1) RA 3019 – Anti-Graft and Corruption Practices Act
2) RA 6713 – Code of Conduct and Ethical Standards in my official capacity will be kept ever secret unless revelation
for Public Officials and Employees is necessary in the performance of my duty.
3) RA 7080 – Anti-Plunder Act
4) RA 9485 – the Anti-Red Tape Act of 2007 I will never act officiously or permit personal feelings,
5) PLEB Rules and Regulations prejudices, animosities or friendship to influence my decision.
With no compromise for crime and with relentless prosecution
IMPORTANT TERMS of criminal, I will enforce the law courteously and
appropriately, without fear or favor, malice or ill-will, never
NON-FEASANCE employing unnecessary force or violence and never accepting
- the failure to perform an act or duty that is part of gratuities in return.
one’s obligation without sufficient excuse
I recognize the badge of my office as a symbol of
MALFEASANCE public faith and I accept it as a public trust to be held so long
- the commission of an act that one is prohibited to do as I am true to the ethics of police service. I will never engage
MISFEASANCE in acts of corruption or bribery, nor will I condone such acts by
- the improper or incorrect performance of an act that other police officers. I will cooperate with all legally authorized
should be done or performed agencies and their representatives in the pursuit of justice.
INCOMPETENCY I know that I alone am responsible for my own

- lack of adequate ability and fitness for the satisfactory standard of professional performance and will take every
performance of police duties; could be due to reasonable opportunity to enhance and improve my level of
physical or intellectual limitations or lack of skill knowledge and competence. I will constantly strive to achieve
these objectives and ideals, dedicating myself before God to
DISLOYALTY TO THE GOVERNMENT my chosen profession... law enforcement.
- abandonment or renunciation of one’s loyalty to the
government of the Philippines PHILIPPINE NATIONAL POLICE CODE OF
- advocating to overthrow the present administration PROFESSIONAL CONDUCT AND ETHICAL STANDARDS
POLICE DISCRETION CANONS OF POLICE ETHICS

- the act or the liberty to decide according to the 1) Primordial Police Responsibility
principles of justice and the police officer’s - the primary responsibility of the police is crime
ideas of what is right and proper under the prevention
circumstances 2) Limitation of Police Authority
- laws set limits to the power of the police
OPPRESSION - police officers are not exempted from obeying the
 Imports the act of cruelty, severity, unlawful execution laws they are enforcing
domination or excessive use of authority. 3) Knowledge of the Law and other Responsibilities
- police officers are expected to know and understand
POLICE CORRUPTION the laws they are enforcing
 Is the misuse of authority for personal gain committed - police officers must fully understand their duties and
by a person who enforce the law. responsibilities as police officers
- police officers must know and fully understand the
POLICE MISCONDUCT relationship of the PNP organization with other law
 It is the misuse of authority just to violate the rules enforcement agencies and other government
and regulations of the organization. agencies
4) Use of Proper Means to Obtain Proper Ends
POLICE BRUTALITY - police officers must only employ legal methods in the
 It is the unreasonable, unnecessary and excessive conduct of their work
use of force in the conduct of police operations which 5) Cooperation with Public Officials
does not support the police function. - police officers must cooperate with other public
officials and government agencies
MOONLIGHTING 6) Proper Conduct and Behavior
 PNP member who shall engage in any activity which - police officers must always observe proper conduct
will be in conflict with their duties as a public servant.
and behavior both in their personal and official life
7) Conduct towards the Community
BRIBERY
- police officers must never forget that they are public
 Worse form of graft and corruption in the
government. servants
8) Conduct in Arresting Law Violators
NEPOTISM - police officers must always adhere to the prescribed
 Giving unfair breaks to friends and relatives. rules when effecting arrests of suspects
9) Firmness in Refusing Gifts
MAXIMUM TOLERANCE - police officers must never ask for nor accept gifts or
 The policy in exercising utmost restraint by law special favors
enforcers in the performance of their duties. 10) Impartial Presentation of Evidence
- police officers must be fair in presenting evidence
THE LAW ENFORCEMENT CODE OF ETHICS 11) Attitude towards Police Profession
- police officers must have a high regard for the police
As a law enforcement officer, my fundamental duty is profession and must be proud that they are police
to serve mankind; to safeguard life and property; to protect the officers
innocent against deception; the weak against oppression or - police officers must strive to improve their knowledge
intimidation; and the peaceful against violence or disorder; and skills in order be the best police officers that they
and to respect the constitutional rights of all men, to liberty, can be
equality and justice.
I will keep my private life unsullied as an example to PROFESSIONAL POLICE PRINCIPLE
all; maintain courageous calm in the face of danger, scorn or 1) Prevention of Crime and Disorder
ridicule; develop self-restraint and be constantly mindful of the - it is the primary objective of the police to prevent
welfare of others. Honest in thought and deed in both my crime
personal and official life, I will be exemplary in obeying the 2) Cooperation of the Community
laws of the land and regulations of my organization. Whatever - the police is dependent upon community support
I see or hear of a confidential nature or that is confided to me
3) Unreasonable Force Reduces Community h) LOYALTY TO SERVICE
Cooperation
- the use of unreasonable force on the part of the 2) CAREER MANAGEMENT
police negatively affects the desire of the people to - the PNP shall formulate and implement policies and
cooperate with the police human resources development system for all PNP
4) Use of Reasonable Force when Persuasion is not personnel, from recruitment to retirement
sufficient
- the police may only use force when dialogue is no 3) POLICE MANAGEMENT LEADERSHIP
longer effective and the degree of force to be used - the primary basis for consideration in the selection of
must be reasonable personnel for employment and deployment shall be
5) Impartial Enforcement of Laws the individual’s capabilities and competent leadership
- the police must be fair in enforcing the laws 4) EQUALITY IN THE SERVICE
6) The Community is the Police - there shall be judicious and equitable distribution of
- the police and the community are dependent on each opportunity to prove one’s worth in the PNP service;
other and must work hand in hand to prevent crimes - the PNP shall strictly adhere to the rule of merit and
7) Police should not Usurp Judicial Power fitness system
- the police has no power or authority to decide 5) DELICADEZA
whether a suspect is guilty or innocent of a crime - all members of the PNP must have moral courage to
because only the court has this power sacrifice self-interest
8) Rules of Engagement Impartially Observed 6) POLICE LIFESTYLE
- the police must always adhere to the prescribed - the PNP shall endeavor to promote a lifestyle that is
procedures in the performance of their duty acceptable and respectable in the eyes of the public
9) Reduction of Crime and Disorder because the public expects a police officer to live a
- the effectiveness of the police is measured through simple, yet dignified life
the ability of the police to prevent crime 7) POLITICAL PATRONAGE
10) Police Discretion - all PNP members must inhibit themselves from
- the police must never abuse the police discretion soliciting political patronage in matters pertaining to
granted to them assignments, promotions, trainings and awards
8) HUMAN RIGHTS
PNP CORE VALUES - all PNP members shall respect and protect human
1) Love of God dignity and man’s rights to life, liberty and property
2) Respect for Authority
3) Selfless Love and Service to People POLICE PROFESSIONAL CONDUCT
4) Sanctity of Marriage and Respect for Women
5) Responsible Dominion and Stewardship over 1) COMMITMENT TO DEMOCRACY
Material Things - police officers must commit themselves to a
7) Truthfulness democratic way of life and values and maintain the
principle of public accountability
POLICE OFFICER’S CREED - they shall at all times uphold the Constitution and be
loyal to the legitimate government
I believe in God, the Supreme Being, a Great 2) COMMITMENT TO PUBLIC INTEREST
Provider, and the Creator of all men and everything dear - police officers must always uphold public interest
to me. In return, I cannot less than love Him above all, seek over and above personal interest
His guidance in the performance of my sworn duties and - they shall use public resources and properties
honor Him at all times. economically and judiciously to avoid wastage of
public funds
I believe that respect for authority is a duty. I 3) NON-PARTISANSHIP
respect and uphold the Constitution, the laws of the land and - police officers shall provide services to everyone
the applicable rules and regulations. I recognize the without discrimination regardless of political affiliation
legitimacy and authority of the leadership, and follow and obey in accordance with existing laws and regulations
legal orders of my superior officers. 4) PHYSICAL FITNESS AND HEALTH
- police officers shall strive to be physically and
I believe in selfless love and service to people.
mentally fit and in good health at all times
Towards this end, I commit myself to the service of my
5) SECRECY DISCIPLINE
fellowmen over and above my personal convenience.
- police officers shall guard the confidentiality of official
information against unauthorized access and
I believe in the sanctity of marriage and respect
disclosure
for women. I shall set the example of decency and morality
6) SOCIAL AWARENESS
and shall have high regard for family life and chastity.
- police officers, as well as their immediate family
I believe in responsible dominion and
stewardship over material things. I shall inhibit myself from members, shall be encouraged to actively get
ostentatious display of my property. I shall protect the involved in religious, social and civic activities to
environment and conserve nature to maintain ecological enhance the image of the PNP organization
balance. I shall respect private and public properties and 7) NON-SOLICITATION OF PATRONAGE
prevent others from destroying them. - police officers shall seek self-improvement through
career development without directly or indirectly
I believe in the wisdom of truthfulness. I must be soliciting favors or recommendation from politicians,
trustworthy and I shall speak the truth at all times as required high-ranking government officials and the like
by the profession. 8) PROPER CARE AND USE OF PUBLIC PROPERTY
- police officers shall be responsible for the security,
PNP STAND OF BASIC ISSUES proper care and use of public authority issued to
1) PNP IMAGE them for the performance of their duties
- the PNP shall live in accordance with the PNP Core 9) RESPECT FOR HUMAN RIGHTS
Values and shall possess the following virtues: - police officers shall respect and protect human rights
a) HONOR in the performance of their duty
b) INTEGRITY 10) DEVOTION TO DUTY
c) VALOR - police officers shall perform their duties with
d) JUSTICE dedication, thoroughness, efficiency, enthusiasm,
e) HONESTY determination and manifest concern for public welfare
f) HUMILITY 11) CONSERVATION OF NATURAL RESOURCES
g) CHARITY
- police officers shall help in the development and 1) COURTESY CALL OF NEWLY-
conservation of our natural resources for ecological ASSIGNED/APPOINTED MEMBER
balance and posterity - PNP members who are newly-assigned or appointed
12) DISCIPLINE to a unit or command must call on the chief of the unit
- police officers shall conduct themselves properly at or command and to other key personnel for
all times in keeping with the rules and regulations of accounting, orientation and other purposes
the organization 2) CHRISTMAS CALL
13) LOYALTY - PNP members pay a Christmas call on their local
- police officers must be loyal to the Constitution and to executives in their respective area of responsibility
the police service as manifested by their loyalty to 3) NEW YEAR’S CALL
their superiors, peers and subordinates as well - PNP members pay a New Year’s call on their
- commanders and/or key officials in their respective
14) OBEDIENCE TO SUPERIORS area of responsibility
- police officers shall obey lawful orders and be 4) PROMOTION CALL
courteous to superior officers and other appropriate - newly-promoted PNP members call on their unit head
authorities 5) EXIT CALL
15) COMMAND RESPONSIBILITY - PNP members pay an exit call on their superiors in
- immediate commanders shall be responsible for the the unit or command when relieved or reassigned out
effective supervision, control and direction of their of said unit or command
personnel 6) COURTESY OF THE POST
- the host unit extends hospitality to visiting personnel
ETHICAL STANDARDS who pay respect to the command or unit
- shall refer to established and generally accepted 7) “RANK-HAS-ITS-OWN-PRIVILEGE”
moral values and ethical acts - PNP members must acknowledge that different ranks
carry with them corresponding privileges
1) MORALITY
- police officers must adhere to high standard of CEREMONY
morality and decency and shall set good example for - a formal act or set of formal acts established by
others customs or authority as proper to special occasion
2) JUDICIOUS USE OF AUTHORITY
- police officers shall exercise proper and legitimate PNP CUSTOMS ON CEREMONIES
use of authority and discretion in the performance of
their duty FLAG-RAISING CEREMONY
3) INTEGRITY - PNP members honor the flag by raising it and singing
- police officers shall not allow themselves to be the National Anthem before the start of the official
victims of corruption and dishonest practices day’s work
4) JUSTICE FLAG-RETREAT CEREMONY
- police officers shall strive constantly to respect the - PNP members salute the lowering of the flag at the
rights of others end of the official day’s work
5) HUMILITY HALF-MAST
- police officers shall recognize the fact that they are - the flag is raised at half-mast in deference to
public servants and not the masters of the people deceased uniformed members of the command
- they should perform their duties without arrogance -
- they should recognize their own inadequacies, FUNERAL SERVICE AND HONORS
inabilities and limitations as individuals - departed uniformed members, retirees, war veterans
- they should perform their duties without attracting or former PNP members are given vigil, necrological
attention or expecting the applause of others services and graveside honors
6) ORDERLINESS CEREMONY TENDERED TO RETIREES
- police officers shall follow logical procedures in - in recognition of their long, faithful and honorable
accomplishing tasks assigned to them to minimize service to the PNP, a testimonial activity shall be
wasted time and resources tendered in their honor
7) PERSEVERANCE HONOR CEREMONIES
- police officers must exert all efforts to achieve their - arrival and departure honor ceremonies are rendered
goal or mission even in the face of difficulties and obstacles to visiting dignitaries, VIPs, PNP officers with the rank
of Chief Superintendent and above and AFP officers
PNP CUSTOMS AND TRADITIONS of equivalent grade
TURN-OVER CEREMONY
CUSTOMS - the relinquishment and assumption of command or
- established usage or social practices carried on by key position is publicly announced by the outgoing
tradition that have obtained the force of law and incoming officers
WEDDING CEREMONY
PNP CUSTOMS ON COURTESY - during marriage of PNP members, a ceremony is
- a manifestation or expression of consideration and conducted with participants in uniform and swords
respect for others drawn
ANNIVERSARY
SALUTE - the birth or institutional establishment of a command
- the usual greeting rendered by uniformed personnel or unit is commemorated in an anniversary ceremony
upon meeting and recognizing persons entitled to it
SOCIAL DECORUM
- a set of norms and standards practiced by members
SALUTE TO NATIONAL COLOR AND STANDARD
- police officers must stand at attention and salute the during social and other functions
national color and standard as it passes by them or
PNP CUSTOMS ON SOCIAL DECORUM
when the national color is raised or lowered during
UNIFORM/APPEARANCE
ceremonies
- police officers must observe the following:
ADDRESS/TITLE
- junior in rank must address senior members who are a) wearing of prescribed uniform
b) wearing, as part of the uniform, awards and
entitled to a salute with the “Sir” or “Ma’am”
decorations earned in accordance with the
prescribed rules and regulations
COURTESY CALLS
c)
adherence to haircut prescribed by rules and POLICE OFFICER’S PLEDGE
regulations 1) I will love God, my country and people;
MANNER OF WALKING 2) I will uphold the Constitution and obey legal orders of
- every PNP officer is expected to walk with pride and the duly- constituted authorities
dignity 3) I will oblige myself to maintain a high standard of
morality and professionalism
OTHER POLICE CUSTOMS 4) I will respect the customs and traditions of the police
service;
1) Visiting the Sick 5) I will live a descent and virtuous life to serve as an
- immediate commanders or other available officers of example to others
the unit visit PNP members who are sick in the
hospital, their residence or any place of POLICE COMMUNITY RELATIONS
confinement in order that their needs are  sum total of all the dealings of the police with the
attended to people it serves and whose good will and cooperation
2) Survivor Assistance to Heirs of Deceased the police needs for the greatest possible efficiency in
Members public service.
- a survivor officer is designated whenever PNP
members die, to render maximum assistance to their 1) PUBLIC INFROMATION PROGRAM
bereaved family until all benefits due shall have Bridge of communication gap between the police and
been received the public; the basic ingredient in effective police
3) Visiting Religious Leaders community relation
- PNP officer visit religious leaders in their areas of
assignment to establish or maintain rapport and 2) PUBLIC RELATION PROGRAM
cooperation between the different religious leaders • Maintain harmony between the public and the police
and the PNP • Bringing better understanding, confidence and
4) Athletics acceptance for an individual or organization
- PNP members indulge in physical fitness activities to
ensure that their proper physical appearance and
bearing are maintained with the waist line
measurement always smaller than the size of his 3) CIVIC ACTION PROGRAM
chest and in conformity with the standard set forth by • Makes the policeman a friend and a partner of the
the organization people as well as their defender. Makes the police a
5) Happy Hours part of society.
- usually on Friday, or any other day suitable for the
4) MASS COMMUNICATION PROGRAM
occasion, PNP members gather together at their PNP
• To influence the opinions, emotion, attitudes and
Club for a light-hearted jesting or airing of minor
behavior of the public
gripes
TRADITION
PROPAGANDA
- bodies of beliefs, stories, customs and usages
 Planned use of mass communication for public
handed down from generation to generation with the
purpose
effect of an unwritten law
POLICE TRADITIONS
1) SPIRITUAL BELIEFS
- PNP members are traditionally religious and God-
loving persons; they attend religious services
together with the members of their family
2) VALOR
- police officers sacrifice their lives and limbs for the
people they have pledged to serve
3) PATRIOTISM
- police officers manifest their love of country with a
pledge of allegiance to the flag and a vow to defend
the Constitution
4) DISCIPLINE
- police officers manifest discipline by instinctive
obedience to lawful orders and through spontaneous
actions towards attainment of organizational
objectives guided by moral, ethical and legal norms
5) GENTLEMANLINESS
police officers are upright in character, polite in
manners, dignified in appearance and sincere in their
concern for their fellowmen
6) WORD OF HONOR
- police officers stand by, and commit to uphold, their
word
7) DUTY
- police officers are dedicated public servants who
perform their tasks with a deep sense of
responsibility and self-sacrifice
8) LOYALTY
- police officers are traditionally loyal to the
organization, country and fellowmen
9) CAMARADERIE
- the binding spirit that enhances teamwork and
cooperation in the police organization
-Characterized by disobedience to, or disrespect for,
authorities.
PARENS PATRIAE
(“Father of the country”)
-The doctrine that does not consider delinquent acts as
criminal violation, thus making delinquents non-criminal
persons and cannot be found guilty of a crime and punished
like an adult criminal.
-Views minor who violate the laws as victims of improper care,
custody and treatment at home.
-Assumption by the State of the role of guardian over children
whose parents are deemed incapable or unworthy.
-The authority of the state to act on behalf of the children.
THREE TYPES OF DELIQUENCY

ENVIRONMENTAL DELINQUENTS
-Characterized by occasional law-breaking
EMOTIONALLY MALADJUSTED DELINQUENTS

-Characterized by chronic law-breaking, a habit which this type
cannot avoid or escape from
PSYCHIATRIC DELINQUENTS
-Characterized by serious emotional disturbances within the
CRIM 4- JUVENILE DELINQUENCY individual and in some cases associated with tendencies
towards mental illness
JUVENILE DELINQUENCY TYPES OF DELINQUENT YOUTH
-An anti-social behavior or act which does not conform to the SOCIAL
standards of society. -An aggressive youth who resents authority of anyone who
-Youth behavior which is against the norms and regulations of makes an effort to control his behavior
society which if left unchecked would give rise to criminality.
-Describes a large number of disapproved behaviors of NEUROTIC
children or youth. -One who has internalized his conflicts and is preoccupied
-Anti-social acts or behavior of children which deviate from the with his own feelings
normal pattern of rules and regulations, custom and culture
which society does not accept and which therefore justify ASOCIAL
some kind of admonition, punishment or corrective measures -One whose delinquent acts have a cold, brutal and vicious
in the public interest quality for which the youth feels no remorse
JUVENILE
-A child or a young person, who, under the legal system may ACCIDENTAL
be dealt with for an offense in a manner different from that of -One who is essentially sociable and law-abiding but happens
an adult. to be at the wrong time and place and becomes involved in
-People below the age of majority, that is, below eighteen delinquent acts not typical of his general behavior
years old
DIFFERENT APPROACHES IN THE STUDY OF
AGE OF MAJORITY DELINQUENCY
-Majority commences at the age of eighteen (18) years
BIOGENIC APPROACH
EMANCIPATION -Gives an explanation that law violations and delinquency are
-Freedom from parental authority, both over his person and a result of some physical defects
property
-It happens upon reaching the age of eighteen years PSYCHOGENIC APPROACH
-Argues that the critical factors in delinquency are personality
RA 6809 problems to which misbehavior is presumed to be the
-The law amending the age of majority; response
Lowered the age of majority from twenty-one (21) to eighteen
(18) years old; It was approved on 13 December 1989 SOCIOGENIC APPROACH
-Attributes delinquency pattern to social structures
DELINQUENT -Views youthful misdeed as a result of a learning process
-One whose behavior has brought him into repeated conflict through interactions with other members of society.
with the law regardless whether he has been taken before a
court and adjudged a delinquent CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY
-One who has committed an offense that violated the
approved norms of conduct and is guilty of a misdeed. A. FAMILY
-The first and most basic institution of society responsible for
STATUS OFFENSE developing a child’s potential in all its aspects like physical,
-Certain acts or omissions which may not be punishable emotional, spiritual, moral, intellectual and social.
socially or legally if committed by adults but become anti- -Molds the child to learn to curb his desires and to accept rules
social or illegal because the offender is a minor, such as: that define the time, place and circumstances under which
a. Truancy, or frequent, unreasonable absenteeism highly personal needs may be satisfied in socially acceptable
from school ways.
b. Use of profane language
c. Running away from home TYPES OF FAMILY STRUCTURE:
d. Smoking and drinking alcoholic beverages
e. Disobedience to parents, guardians or school officials CONJUGAL FAMILY
f. Mendicancy or begging in the streets - Consists of Father and Mother only
g. Association with delinquent gangs
NUCLEAR FAMILY
ANTI-SOCIAL BEHAVIOR -Consists of father, mother and children.
need for them to grow up as productive, law-abiding and
EXTENDED FAMILY responsible citizens.
-Consists of father, mother, children, grandparents, uncles and -Instances of deviant conduct attributed to school inadequacy:
aunts, cousins, nephews and nieces, and in-laws. a. failure of teachers to detect and address problems of
children and report such problems to the parents.
BLENDED FAMILY b. poor academic atmosphere.
-includes children in the past relationships c. membership in school gangs or development of
friendships with the wrong crowd.
POST MARITAL RESIDENCE PATTERNS: d. lack of facilities for curricular and extra-curricular
1. Patrilocal - In this residence pattern the activities.
newlyweds live with or near the husband’s family. e. failure of teachers in character development of the
This is the most common form found in the world. students.
2. Matrilocal - This, the 2nd most common f. failure to actually finish school, resulting to being out-
residence pattern, is found in societies where the of-school youths with a lot of time to waste and do
newly married couple moves in with or near the unproductive activities.
bride’s family. g. failure to get gainful employment due to lack of
sufficient education.
3. Bilocal (ambilocal) - In this practice the bride and
groom pick which family to go live with or near.
C. ENVIRONMENT
4. Neolocal - For this residence pattern, which is -The culture, norms and behavior of the child’s surroundings
common in industrial societies, newlyweds live may very well influence the upbringing of the child especially
separate from both the bride and groom's parents. during their formative years and such misbehavior learned is
They are economically independent from their likely to be carried on until the child’s maturity.
parents. -Some of the behavior modification by means of imitation as
5. Avunculocal - This pattern is characterized by the brought about by environmental influence:
newlyweds living in or near the house of groom’s a. rampant drug addiction
mother’s brother. b. vices such as gambling and drinking alcoholic
6. Duolocal residence - even though the couple is beverages
married they still live apart from one another and c. association with criminal groups or gangs
reside with their families. d. too much exposure to sex and violence in movies,
television, print and internet
DIFFERENT KINDS OF CHILDREN (FAMILY CODE)
1. LEGITIMATE- children conceived or born during the

marriage of the parents. As well the artificial insemination of JUVENILE COURT
the wife with the sperm of the husband or that of donor,  A court that has original jurisdiction over persons
provided, both of them authorized or ratified such insemination defined by statute as juveniles and alleged to be
in a written instrument executed and signed by them before delinquents or status offenders.
the birth of the child.
DEVELOPMENT OF JUVENILE JUSTICE IN THE
2. ILLEGITIMATE- conceived and born outside a valid PHILIPPINES
marriage. a. PD 603 – Child and Youth Welfare Code
b. Ra 7610 – Anti-Child Abuse Law
3. LEGITIMATED- only children conceived and born outside of c. RA 6809 – law amending the age of majority
wedlock of parents who, at the time of the conception the d. RA 8552 AND RA 8043 – laws on adoption
former, were not disqualified by an impediment to marry each e. RA 9208 – Anti-Trafficking in Persons Act
other. Legitimation shall take place by a subsequent valid f. RA 9231 – law amending RA 7610 on working
marriage between parents. children
g. RA 9255 – law on the use of father’s surname of
4. ADOPTED- who undergone through the process of illegitimate children
adoption. Adoption is the juridical act which creates two (2) h. RA 9262 – Anti-Violence Against Women and their
persons a relationship similar to that which results from Children
legitimate paternity and filiation. i. RA 9523 – law amending the laws on adoption
j. RA 9344 - Juvenile Justice and Welfare Act
Ideally, a home must have the following: k. RA 9775 – Anti-Child Pornography Act
a) structural completeness
-presence of both father and mother. PARENTAL AUTHORITY (PATRIA POTESTAS)
b) economic security -The sum total of the rights of the parents over the person and
-capability to provide for the basic needs and wants. property of their child.
c) cultural conformity -The exercise of which has no distinction between a legitimate
-Typical family beliefs and practices. and an illegitimate child.
d) moral conformity -The father and the mother shall exercise jointly just and
-Moral uprightness, Christian way of living. reasonable parental authority and responsibility over their
e) physical and psychological normalcy. legitimate or adopted children.
f) emotional adequacy -In case of death of either parent, the surviving parent shall
-affection, support, love and care between family members. exercise sole parental authority.
-In case of disagreement, the father’s decision shall prevail
Factors in the home life that may cause delinquency: unless there is a judicial order to the contrary.
a) Faulty development of the child
b) Lack of parental guidance PARENTAL RESPONSIBILITY
c) Parental rejection -The sum total of the duties and obligations of parents over
d) Broken homes their minor children.
e) Lack of love
f) Unfair treatment LIABILITIES OF PARENTS
g) Too harsh discipline by either or both parents -Parents and guardians are responsible for the damage or
h) Too much leniency by either or both parents injury caused by the child under their parental authority.
i) Unfavorable parental example
LEGAL CUSTODY
B. SCHOOL -In case of separation of parents, no child under SEVEN (7)
-Considered the second home of a child, with teachers as the YEARS OF AGE shall be separated from his mother unless
second parents institution responsible for the training of young the court decides otherwise.
person’s intellectual, moral, as well as social skills which they
CLASSIFICATION OF MENTAL RETARDATION
GUARDIANSHIP
-A trust relation of the most sacred character, in which one A. CUSTODIAL GROUP- severely or profoundly retarded;
person, called a guardian, acts for another, called a ward, least capable group. IQ 25 below.
regarded as incapable of managing his own affairs.
B. TRAINABLE GROUP- IQ 25 50; can acquire basic skills for
SUBSTITUTE PARENTAL AUTHORITY living to a reasonable degree. Can attain primary grade level
-In case of absence or death of both parents, substitute of education if he receives effective instruction.
parental authority shall be given to the following, in order of
priority: C. EDUCABLE GROUP- IQ 50-75; the degree of success or
a. grandparents accomplishment that they will reach in life depends very much
b. oldest brother or sister at least 21 years of age on the quality and type of education they receive as well as on
c. relative who has actual custody of the child/guardian the treatment at home and in community.
duly appointed by the court
D. BORDERLINE OR LOW NORMAL GROUP- highest group
COMMENCEMENT OF CIVIL PERSONALITY of mentally retarded; IQ 75- 89. They are only slightly retarded
-The Civil personality of the child shall commence from the and can usually get by in regular classes if they receive extra
moment of conception. help, guidance and consideration.
CONCEPTION 5. PHYSICALLY-HANDICAPPED
-The start of life. Crippled, deaf-mute, blind and other conditions which restrict
-The union of the sperm cell and the egg cell. their means of action or communication with others
-Also called the process of fertilization.
6. EMOTIONALLY-DISTURBED
CIVIL PERSONALITY -Those who, although not afflicted with insanity or mental
-Pertains to the identity and recognition of an individual as defect, are unable to maintain normal social relations with
person having his rights. others and the community in general due to emotional
-Shall commence from the moment of conception, thus all problems or complexes.
children shall have the right to be born and the right to live. -May be caused by traumatic experiences
ABORTION 7. MENTALLY-ILL
-The expulsion of the fetus from the mother’s womb. -Those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require
KINDS OF ABORTION professional help or hospitalization.
CRIMINAL ABORTION
-Classified as intentional or unintentional as provided by the 8. DISABLED
Revised Penal Code and it is of course punishable by law. -Includes mentally-retarded, physically-handicapped,
emotionally-disturbed and mentally-ill children.
THERAPEUTIC ABORTION
-Recommended and performed by a certified physician when
there are health risks and complications and it is not IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION
punishable by law.
ADOPTION
CATEGORIES OF CHILDREN -An act by which relations of paternity and filiations are
recognized as legally existing between persons not so related
1. DEPENDENT by nature.
-One who is without a parent, guardian or custodian, or whose -The taking into one’s family of the child of another, as son or
parents, guardian or other custodian for good cause desire to daughter and heir, and conferring on it a title to the rights and
be relieved of his care and custody and is dependent upon the privileges of such.
public for support.
FILIATION
2. ABANDONED -The acknowledgment of the father of his relationship with the
-One who had no proper parental care or guardianship or child.
whose parents or guardians have deserted him for a period of -Also called paternity
at least six consecutive months (PD 603).
-Refers to a child who has no proper parental care or BIOLOGICAL CHILD
guardianship, or whose parents have deserted him or her for a -Natural-born child of the parents.
period of at least three (3) continuous months (RA 9523).
ADOPTED CHILD
3. NEGLECTED -A child who underwent the judicial process of adoption.
-One whose basic needs have been deliberately unattended
or inadequately attended. FOUNDLING
-A child is unattended when left by himself without provision -Refers to a deserted or abandoned infant or child whose
for his needs and without proper supervision. Neglect may parents, guardian or relatives are unknown
occur in two ways:
a. physical neglect RA 8552 – DOMESTIC ADOPTION ACT OF 1998
-Malnourishment, untidy and damaged clothing, no shelter. -Approved on 25 February 1998
b. emotional neglect
-Maltreated, raped, seduced, abused, exploited, made to work ADOPTER
under conditions not conducive to good health or placed in -The person adopting or petitioning for the adoption of a child
moral and physical danger.
ADOPTEE
4. MENTALLY-RETARDED -The child or person being petitioned for adoption
-Socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs. CHILD LEGALLY AVAILABLE FOR ADOPTION
-Mentally sub-normal -A child who has been voluntarily or involuntarily committed to
-Retarded intellectually from birth or early age the DSWD or to a duly licensed and accredited child-placing or
-Retarded at maturity child-caring agency, freed of the parental authority of his or
-Mentally deficient as a result of constitutional origin through her biological parents or guardians or adopter, in case of
heredity or disease. rescission.
-Essentially incurable
-Refers to a child in whose favor a certification was issued by -Shall act as the policy-making body for purposes of carrying
the DSWD that he or she is legally available for adoption after out the provisions of RA 8043, in consultation and coordination
the fact of abandonment or neglect has been proven through with the DSWD.
the submission of pertinent documents, or one who was -Headed by the Secretary of the DSWD as ex officio chairman
voluntarily committed by his or her parents or legal guardian and six (6) members to be appointed by the President, with a
(RA 9523). term of office of six (6) years.
VOLUNTARILY-COMMITTED CHILD WHO MAY ADOPT?

-One whose parents or legal guardian knowingly and willing -Any alien or a Filipino citizen permanently residing abroad.
fully relinquished parental authority to the DSWD or any duly -At least twenty-seven (27) years of age
accredited child-placement or child caring agency or at least sixteen (16) years older than the adoptee unless the
institution. adopter is the parent by nature of the adoptee or the spouse
of such parent.
CHILD-CARING AGENCY OR INSTITUTION -Coming from a country with whom the Philippines has
-Refers to a private non-profit or government agency duly diplomatic relations.
accredited by the DSWD that provides twenty-four (24) hour -Possesses all the qualifications provided in other applicable
residential care services for abandoned, neglected, or Philippine laws.
voluntarily committed children (RA 9523).
WHERE TO FILE APPLICATION?
CHILD-PLACING AGENCY OR INSTITUTION -Shall be filed either with:
-Refers to a private non-profit institution or government agency a. the Philippine Regional Trial Court; or
duly accredited by the DSWD that receives and processes b. the Inter-Country Adoption Board, through an
applicants to become foster or adoptive parents and facilitate intermediate agency in the country of the prospective
placement of children eligible for foster care or adoption. adoptive parents
SUPERVISED TRIAL CUSTODY
WHO MAY ADOPT? -Shall be at least six (6) months.
-Any Filipino citizen of legal age at least sixteen (16) years
older than the adoptee unless the adopter is the biological IMPORTANT PROVISIONS OF RA 9523
parent of the adoptee, or is the spouse of the adoptee’s
biological parent. RA 9523
-Any alien possessing the same qualifications as that of a -The law giving DSWD the sole authority to issue the
Filipino citizen, who has been living in the Philippines for at certification declaring a child legally available for adoption
least three (3) consecutive years, and whose country has amended provisions of RA 8552 and RA 8043.
diplomatic relations with the Philippines. -Approved on 12 March 2009.
WHO MAY BE ADOPTED? IMPORTANT PROVISIONS OF RA 7610

-Any person below eighteen (18) years of age judicially
declared available for adoption. RA 7610 – SPECIAL PROTECTION OF CHILDREN
-The legitimate son or daughter of one spouse by the other AGAINST CHILD ABUSE, EXPLOITATION AND
spouse. DISCRIMINATION ACT
-An illegitimate son or daughter by a qualified adopter to -Approved on 17 June 1992.
improve his or her status to that of legitimacy. -This law is also commonly referred to as the Anti-Child Abuse
-A person of legal age if prior to the adoption, said person has Act.
been consistently considered and treated by the adopter as
his or her own child since minority. RA 7658
-A child whose adoption has been previously rescinded. -Amendatory law to RA 7610.
-A child whose biological or adoptive parents have died, but -Approved on 9 November 1993.
proceedings may only be initiated after six (6) months from the -This law amended the provisions of RA 7610 regarding
time of the death of the parents. working children.
-This law was further amended by RA
SUPERVISED TRIAL CUSTODY 9231.
-A period of time within which a social worker oversees the CHILD ABUSE
adjustment and emotional readiness of both adopter and -Refers to maltreatment, whether habitual or not, of the child.
adoptee in stabilizing their filial relationship.
-The period is at least six (6) months. FORMS OF CHILD ABUSE
CRUELTY
RESCISSION OF ADOPTION -Refers to any word or deed which debases, degrades or
-The nullification of the adoption. demeans the intrinsic worth and dignity of the child as human
-Adoption shall not be subject to rescission by the adopter being.
GROUNDS FOR RESCISSION OF ADOPTION PHYSICAL INJURY

a. Repeated physical and verbal maltreatment by the -Includes but is not limited to lacerations, fractured bones,
adopter despite having undergone counseling. burns, internal injuries, severe injuries, or serious bodily harm
b. Attempt on the life of the adoptee. suffered by a child.
c. sexual assault or violence.
d. abandonment and failure to comply with parental PSYCHOLOGICAL INJURY
obligations. -Harm to a child’ psychological or intellectual functioning which
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995 may be exhibited by severe anxiety, depression, withdrawal or
-Approved on 7 June 1995. outward aggressive behavior.
INTER-COUNTRY ADOPTION
-The socio-legal process of adopting a Filipino child by a NEGLECT
foreigner or a Filipino citizen permanently residing abroad -Failure to provide, for reasons other than poverty, the basic
where the petition is filed, the supervised trial custody is needs of the child, such as food, clothing, medical care,
undertaken and the decree of adoption is issued outside the shelter and basic education.
Philippines.
SEXUAL ABUSE
INTER-COUNTRY ADOPTION BOARD -Includes the employment, use, inducement or coercion of a
-Acts as the central authority in matters relating to inter- child to engage in sexual intercourse or lascivious conduct; the
country adoption. molestation, prostitution and or incest with children.
CHILD PROSTITUTION
-Exploitation of children, whether male or female, by coercing SEX TOURISM
them into indulging in sexual intercourse or lascivious conduct -Refers to a program organized by travel and tourism related
for money, profit or any other consideration. establishments and individuals which consist of tourism
packages or activities, utilizing and offering escort and sexual
WHO ARE CRIMINALLY LIABLE FOR CHILD services as enticement for tourists.
PROSTITUTION?
-Those who engage in or promote, facilitate or induce child PORNOGRAPHY
prostitution, such as: -Refers to any representation, through publication, exhibition,
a. those acting as procurer of a child prostitute; cinematography, indecent shows, information technology, or
b. parents, guardians, or relatives who knowingly allow by whatever means, of a person engaged in real or simulated
or coerce their children or ward into prostitution; explicit sexual activities or any representation of the sexual
c. those who commit the act of sexual intercourse or parts of a person for primarily sexual purposes.
lascivious conduct with a child exploited in child
prostitution, such as: DEBT BONDAGE
1. clients of child prostitutes. -Refers to pledging by the debtor of his or her personal
2. those who derive profit or advantage there from, such services or labor or those of a person under his or her control
as: as security or payment for a debt, when the length and nature
-managers or owners of the establishment where the of services are not clearly defined or when the value of the
prostitution takes place. services as reasonably assessed is not applied toward the
liquidation of debt.
OBSCENE PUBLICATIONS AND INDECENT SHOWS
-The use, hiring, employment and coercing of children as IMPORTANT PROVISIONS OF RA 9231
performers, actors or models for obscene exhibitions and
indecent shows, whether live or in video, or in printed RA 9231
pornographic materials. -The law prohibiting the worst forms of child labor.
-Amendatory law to RA 7160 and RA 7658.
CHILDREN AS ZONES OF PEACE -Amended the provisions of RA 7160 regarding working
-Children shall not be the object of attack in situations of children.
armed conflict. -Approved on 19 December 2003.
-They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment. Children below fifteen (15) years of age shall not be
-Children shall not be recruited to become members of the employed, except:
Armed Forces of the Philippines of its civilian units, nor be -When a child works directly under sole responsibility of his
allowed to take part in the fighting, or used as guides, couriers parents or legal guardian and where only members of the
or spies. employer’s family are employed.
-Children shall be given priority during evacuation as a result -Where a child’s employment or participation in public
of armed conflict. entertainment or information through cinema, theatre, radio or
television is essential, with the approval of the Department of
IMPORTANT PROVISIONS OF RA 9208 Labor and Employment (DOLE).
-It is the duty of the employer to submit to the DOLE a report
RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003 of all children employed by him.
-Approved on 26 May 2003. -If a domestic is under sixteen (16) years of age, the head of
the family shall give him or her an opportunity to complete at
TRAFFICKING IN PERSONS least elementary education, the cost of which shall be a part of
the domestic’s compensation.
ACTS: The recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim’s consent or WORK PERMIT OF WORKING CHILDREN
knowledge within or across national borders -It shall be the duty of the employer to secure permit from the
DOLE of working children employed by him.
MEANS: threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or prostitution, EMPLOYMENT CONTRACT OF WORKING CHILDREN
taking advantage of the vulnerability of the person, or giving or -The contract shall be signed by the working child’s parent or
receiving of payments or benefits to achieve the consent of a legal guardian, with the express agreement of the child.
person having control over another person
WORKING HOURS
PURPOSE: exploitation which includes at a minimum, the -If the child is under 15:
exploitation or the prostitution of others or other forms of a. may work for maximum of four (4) hours a day,
sexual exploitation, forced labor or services, slavery, servitude twenty (20) hours a week.
or the removal or sale of organs. b. may work between six o’clock in the morning to eight
o’clock in the evening (6am to 8pm).
-The recruitment, transportation, transfer, harboring or receipt -If the child is 15 but under 18:
of a child for the purpose of exploitation shall also be a. may work for maximum of eight (8) hours a day, forty
considered as “trafficking in person” even if it does not involve (40) hours a week.
any of the means set forth in the preceding paragraph. b. may work between six o’clock in the morning to ten
o’clock in the evening (6am to 10pm).
QUALIFIED TRAFFICKING IN PERSON
-When the trafficked person is a child; PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN
-When the adoption is effected through RA 8043 and said CERTAIN ADVERTISEMENTS
adoption is for the purpose of prostitution, pornography, -No child shall be employed as a model in any advertisement
sexual exploitation, forced labor, slavery, involuntary servitude directly or indirectly promoting the following:
or debt bondage; a. alcoholic beverages
-When the offender is an ascendant, parent, sibling, guardian b. intoxicating drinks
or a person who exercised authority over the trafficked person c. tobacco and cigarettes
or when the offense is committed by a public officer or d. gambling
employee. e. any form of violence or pornography
FORCED LABOR AND SLAVERY IMPORTANT PROVISIONS OF RA 9262

-Refers to the extraction of work or services from any person RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR
by means of enticement, violence, intimidation or threat, use of CHILDREN ACT OF 2004
force or coercion, including deprivation of freedom, abuse of -Approved on 8 March 2004
authority or moral ascendancy, debt-bondage or deception.
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
-Refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a DIVERSION
woman with whom the person has or had a sexual or dating -Refers to an alternative, child-appropriate process of
relations, or with whom he has a common child, or against her determining the responsibility and treatment of a child in
child, whether legitimate or illegitimate, within or without the conflict with the law on the basis of his or her social, cultural,
family abode, which result in or is likely to result in physical, economic, psychological or educational background without
sexual, psychological harm or suffering, or economic abuse resorting to formal court proceedings.
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. DIVERSION PROGRAM
PHYSICAL VIOLENCE -Refers to the program that the child in conflict with the law is
-Refers to acts that include bodily or physical harm. required to undergo after he or she is found responsible for an
offense without resorting to formal court proceedings.
SEXUAL VIOLENCE
-Refers to an act which is sexual in nature, committed against YOUTH DETENTION HOME
a woman or her child. -Refers to a 24-hour child-caring institution managed by
accredited local government units and licensed and/or
PSYCHOLOGICAL VIOLENCE accredited non-governmental organizations providing short-
-Refers to acts or omissions causing or likely to cause mental term residential care for children in conflict with the law who
or emotional suffering of the victim such as but not limited to are awaiting court disposition of their cases or transfer to other
intimidation, harassment, stalking, damage to property, public agencies or jurisdiction.
ridicule or humiliation, and repeated verbal abuse.
YOUTH REHABILITATION CENTER
ECONOMIC ABUSE -Refers to a 24-hour residential care facility managed by the
-Refers to acts that make or attempt to make a woman DSWD, local government units, licensed or accredited non-
financially dependent. governmental organizations monitored by the DSWD, which
provides care, treatment and rehabilitation services for
BATTERY children in conflict with the law.
-Refers to an act of inflicting physical harm upon the woman or
her child resulting to the physical and psychological or RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
emotional distress. -The right not to be imposed a sentence of capital punishment
or life imprisonment.
STALKING -The right to be detained or imprisoned as a disposition of last
-Refers to an intentional act committed by a person who resort, which shall be for the shortest appropriate period of
knowingly and without lawful justification follows the woman or time.
her child or places the woman or her child under surveillance -The right to be separated from adult offenders at all times:
directly or indirectly. during detention, while being transported to and from the court
PHILIPPINE JUVENILE JUSTICE SYSTEM and while waiting for the hearing.
RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT -The right to be detained only with other detainees of the same
OF 2006 sex, if detention is necessary.
-Approved on 28 April 2006. -The right to be searched only by a law enforcement officer of
-Became effective on 20 May 2006 the same gender.
-Repealed the provisions of the Revised Penal Code and -The right not to be handcuffed, when such is not necessary.
Presidential Decree No 603 on minor offenders. -The right to have his parents or guardians present.
-The right to diversion if he or she is qualified and voluntarily
IMPORTANT TERMS INTRODUCED BY RA 9344 avails of the same.
-The right to AUTOMATIC SUSPENSION OF SENTENCE.
JUVENILE JUSTICE AND WELFARE SYSTEM -The right to probation as an alternative to imprisonment, if
-Refers to a system dealing with children at risk and children in qualified under the Probation Law.
conflict with the law, which provides child-appropriate -The right to have the records and proceedings involving him
proceedings, including programs and services for prevention, be considered PRIVILEGED AND CONFIDENTIAL.
diversion, rehabilitation, re-integration and aftercare to ensure
their normal growth and development. MINIMUM AGE OF CRIMINAL RESPONSIBILITY
-A child FIFTEEN (15) YEARS OF AGE OR UNDER at the
RESTORATIVE JUSTICE time of the commission of the offense shall be EXEMPT from
-Refers to a principle which requires a process of resolving CRIMINAL LIABILITY, but he shall undergo INTERVENTION
conflicts with the maximum involvement of the victim, the PROGRAM.
offender and the community; seeks to obtain reparation for the -A child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW
victim, reconciliation of the offender, the offended and the EIGHTEEN (18) YEARS OF AGE shall likewise be EXEMPT
community and reassurance to the offender that he or she can from CRIMINAL LIABILITY, if he or she acted WITHOUT
be reintegrated into society. DISCERNMENT, but he shall undergo INTERVENTION
PROGRAM.
CHILD AT RISK however, they are exempted only from criminal liability and not
-Refers to a child who is vulnerable to and at the risk of from civil liability.
committing criminal offenses because of personal, family and -A child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW
social circumstances. EIGHTEEN (18) YEARS OF AGE who acted WITH
DISCERNMENT shall be subjected to the DIVERSION
CHILD IN CONFLICT WITH THE LAW PROCEEDINGS and shall undergo DIVERSION PROGRAM,
-Refers to a child who is alleged as, accused of, or adjudged if qualified.
as, having committed an offense under Philippine laws. -A child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW
EIGHTEEN (18) YEARS OF AGE who acted WITH
INITIAL CONTACT WITH THE CHILD DISCERNMENT and who is NOT QUALIFIED for
-Refers to the apprehension or taking into custody of a child in DIVERSION, OR REFUSED to undergo DIVERSION, shall be
conflict with the law by law enforcement officers or private PROSECUTED.
citizens.
TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL
INTERVENTION RESPONSIBILITY
-Refers to a series of activities which are designed to address -It shall be the duty of the law enforcement officer to determine
issues that caused the child to commit an offense. the age of the child apprehended.
-May take the form of an individualized treatment program -If the child apprehended is FIFTEEN (15) YEARS OLD OR
which may include counseling, skills training, education, and BELOW, the law enforcement officer MUST RELEASE THE
other activities that will enhance his or her psychological, CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR
emotional and psycho-social well-being. GUARDIANS, OR THE CHILD’S NEAREST RELATIVE.
-It shall also be the duty of the law enforcement officer to give -If the child in conflict with the law is found guilty of the offense
notice to the local social welfare and development officer as to charged, the court shall place the child under suspended
the apprehension of the child in conflict with the law. sentence, without need of application.
-The automatic suspension of sentence may be extended until
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM the child reaches the maximum age of TWENTY-ONE (21)
-Shall be instituted in local government units from the YEARS OLD.
barangay to the provincial levels. -The court shall order the detention of the child in a youth
-Shall include community-based programs on juvenile justice rehabilitation center where he shall undergo the appropriate
and welfare. disposition measures.
COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW
AND WELFARE -Upon the recommendation of the social worker who has
-Shall be instituted by the local government units through the custody of the child, the court shall DISMISS THE CASE
school, youth organizations, and other concerned agencies. AGAINST THE CHILD if the court finds that the disposition
-Shall respond to the special needs, problems, interests and measures have been fulfilled.
concerns of children and which offer appropriate counseling
and guidance to them and their families. RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO
-These programs shall consist of three (3) levels: COURT
a. Primary intervention -If the court finds that the objective of the disposition measures
-includes general measures to promote social justice imposed upon the child have not been fulfilled, or if the child
and equal opportunity, which tackle perceived root has willfully failed to comply with the conditions of his or her
causes of offending. rehabilitation program, the child shall be returned to court for
b. Secondary intervention the EXECUTION OF JUDGMENT.
includes measures to assist children at risk.
c. Tertiary intervention PROBATION
includes measures to avoid unnecessary -A child in conflict with the law whose sentence was executed
contact with the formal justice system and other by the court upon reaching the maximum age of TWENTY-
measures to prevent re- offending ONE (21) shall be entitled to the benefits of probation under
PD 968, the Probation Law of 1976.
SYSTEM OF DIVERSION
-Children in conflict with the law shall undergo diversion OFFENSES NOT APPLICABLE TO CHILDREN
proceedings subject to the following conditions: -Persons below eighteen (18) years old shall be exempt from
-The imposable penalty for the crime committed is NOT prosecution for the following crimes:
MORE THAN SIX (6) YEARS IMPRISONMENT. a. vagrancy and prostitution under the Revised Penal
-In victimless crimes, the imposable penalty is NOT MORE Code.
THAN SIX (6) YEARS IMPRISONMENT. b. mendicancy under PD No 1563.
-In cases where the imposable penalty exceeds six (6) years, c. sniffing of rugby under PD 1619.
diversion measures may be resorted to only by the court.
-The diversion proceedings shall be completed within FORTY- REPUBLIC ACT NO 10630
FIVE (45) DAYS.
-Amended certain provisions of RA 9344.
CONTRACT OF DIVERSION - renamed RA 9344 into An Act Establishing a
-Shall be prepared if the child: Comprehensive Juvenile Justice and Welfare system,
a. is qualified for diversion; Creating the Juvenile Justice and Welfare Council under
b. Voluntarily admits the commission of the act and the the Department of Welfare and Development,
parents or guardian of the child and the child himself Appropriating Funds therefore, and for other Purposes
agrees to the diversion program. -transferred the administrative supervision of the
c. It must be signed by the child’s parents or guardian Juvenile Justice and Welfare Council (JJWC) from the
and the authorities concerned. Department of Justice (DOJ) to the Department of Social
Welfare and Development (DSWD)
PROSECUTION -also provided for the creation of the Regional
-A child in conflict with the law shall undergo PROSECUTION Juvenile Justice Welfare Council (RJJWC) in each region
if: - mandates the establishment of Bahay Pag- Asa
a. He is not qualified for diversion; or and provides fo its definition
b. He is qualified for diversion but he or his parents or
guardian does not agree to diversion; or BAHAY PAG- ASA
c. Diversion is not appropriate for the child in conflict - refers to a 24- hour child established, funded and
with the law, based on the social worker’s managed by local government units (LGUs) and
recommendations. licensed and/ or accredited non- gpvernment
organizations (NGOs) providing short- term
residential care for children in conflict with the
law who are above fifteen (15) below eighteen
(18) years of age who are awaiting court
CONDUCT OF PRELIMINARY INVESTIGATION disposition of their cases or transfer to other
-There shall be a specially-trained prosecutor to conduct agencies of jurisdiction.
inquest, preliminary investigation and prosecution of cases - Shall be operated by a multi- disciplinary team
involving children in conflict with the law. composed of a social- worker, a psychologist or
-The information against the child shall be filed before the mental of a health professional, a medical
Family Court within FORTY-FIVE DAYS from the start of the doctor, an educational or guidance counselor
preliminary investigation. and a member of a Barangay Council for the
Protection of Children (BPC)
COURT PROCEEDINGS
-During trial, the court shall order: - Shall be the responsibility of the local
a. the release of the child on recognizance to his or her government units of every province and highly-
parents and other suitable persons; or urbanized cities to build, fund and operate a
b. the release of the child on bail; Bahay Pag-asa within their jurisdiction
c. if the child is to be detained, the transfer of the child
to a youth detention home. - Every Bahay Pag-asa must have a special
-detention of the child shall be ordered only as a last resort. facility called the Intensive Juvenile
Intervention and Support Center
AUTOMATIC SUSPENSION OF SENTENCE
- Only CICL whose ages range above fifteen (15) 13. Gambling;
but below eighteen (18) can be admitted to 14. Mendicancy;
Bahay Pag-asa 15. Littering;
16. Public urination; and
- Even if the CICL is fifteen (15) years old below, 17. Trespassing
he may also be admitted to Bahay Pag-asa if the
social worker believes that it is best for the child - A children who will be violating any city or
- The minimum age for CICL that can be taken municipal ordinances related to the enumerated
into the bahay pag-asa is twelve 912) years old. acts above shall be exempt from criminal liability
but an appropriate intervention program will be
SERIOUS CRIMES COMMITTED BY CICL provided for him in this particular instance,
children who shall be caught violating city or
Crimes classified as serious crimes RA 10630 municipal ordinances will not b be called
1. Parricide; children in conflict with the law , instead they
2. Murder; will be referred to as child at risk in all official
3. Infanticide documents and records.
4. Kidnapping & Serious Illegal Detention where the
victim is killed or raped;
5. Robbery with Homicide DEFINITION OF TERMS
6. Robbery with Rape
7. Destructive Arson ABANDONMENT - The most common legal grounds
8. Rape; for termination of parental rights, also a form of child abuse in
9. Carnapping where the driver or occupant is killed or
most states. Sporadic visits, a few phone calls, or birthday
raped; and
10. Offenses under RA 9165 or the Comprehensive cards are not sufficient to maintain parental rights. Fathers
dangerous Drugs act of 2002 that are punishable by who manifest indifference toward a pregnant mother are also
more than twelve (12) years of imprisonment viewed as abandoning the child when it is born.
- Provides that child who is above twelve (12) ABUSE - Term for acts or omissions by a legal
years of age up to fifteen (15) years of age caretaker. Encompasses a broad range of acts, and usually
who committed any of the crimes classified as requires proof of intent.
serious crimes shall be deemed a neglected
child and shall be mandatorily placed in
ADJUDICATION - The phase of a delinquency
Bahay Pag-asa under its intensive Juvenile
Intervention and Support Center (Section 20-A of hearing similar to a "trial" in adult criminal court, except that
Ra 10630) juveniles have no right to a jury trial, a public trial, or bail.
- CICL whose age is above twelve (12) but
below fifteen (15) who will commit a serious ADMINISTRATIVE PROCEDURE - Any of the
crime as defined must be taken to Bahay Pag- processes involving enforcement of care, custody, or support
asa instead, despite being exempted from orders by an executive agency rather than by courts or judges.
criminal liability.
ADOPTION - A legal relationship between two
REPETITION OF OFFENSES
people not biologically related, usually terminating the rights of
- A CICL whose age is above twelve (12) up to
fifteen (15) years old, who had already been biological parents, and usually with a trial "live-in" period.
subjected to a community-based intervention Once an adoption is finalized, the records are sealed and only
program for a commission of a crime and who the most compelling interests will enable disclosure of
would again commit another crime, shall also documents.
be deemed as a neglected child and shall be
mandatorily placed in Bahay Pag-asa to undergo BEST INTERESTS OF THE CHILD RULE - Legal
an intensive intervention program supervised by doctrine establishing court as determiner of best environment
the DSWD (Section 20-B of RA 10630)
for raising child. An alternative to the Parens Patriae Doctrine.
EXPLOITATION OF CHILDREN FOR COMMISION OF
CRIMES BREED v. JONES (1975) - Case allowing second
prosecution in adult court for conviction in juvenile court,
- Any person who shall abuse his authority over a based on idea that first conviction was a "civil" matter. (Double
child, or who shall induce, threaten or instigate a jeopardy)
child to commit crime, is punishable for the crime
committed by the child and the penalty to be CASE LAW - Law established by the history of
imposed shall be the maximum penalty judicial decisions in cases decided by judges, as opposed to
provided by law (Section 20-C of RA 10630)
common law which is developed from the history of judicial
VIOLATION OF LOCAL ORDINANCES decisions and social customs.
Section 57-A of RA 10630 exempts children from CHILD PROTECTION ACTION - The filing of legal
punishment for the following violations of city or municipal papers by a child welfare agency when its investigation has
ordinances: turned up evidence of child abuse. This is a civil, rather than
criminal, charge designed to take preventive action (like
1. Curfew; appointment of a Guardian ad litem) for at-risk children before
2. Truancy; abuse occurs.
3. Parental disobedience;
4. Smoking; CHILD SUPPORT – the act of being responsible for
5. Drinking;
enforcing child support obligations.
6. Disorderly conduct;
7. Public scandal;
8. Harassment;
9. Drunkenness;
10. Public intoxication; CHILD VICTIMS' AND CHILD WITNESS' RIGHTS -
11. Criminal nuisance; A 1990 federal law allowing courts to take extraordinary steps
12. Vandalism;
in protecting the emotional health of any child called to testify IN LOCO PARENTIS - Teachers, administrators, and
in a courtroom. babysitters who are viewed as having some temporary
parental rights & obligations.
CHINS (CHild In Need of Supervision) - A term
applied to status offenders adjudicated in juvenile court. IN RE GAULT (1967) – (US) - Case that determined
the Constitution requires a separate juvenile justice system
CIVIL PROTECTION ORDER - A form of protective with certain standard procedures and protections, but still not
custody in which a child welfare or police agency order an as many as in adult systems.
adult suspected of abuse to leave the home.
INTAKE - Procedure prior to preliminary hearing in
CUSTODIAL CONFINEMENT - Court order for which a group of people (intake officer, police, probation,
placement in a secure facility, separate from adults, for the social worker, parent and child) talk and decide whether to
rehabilitation of a juvenile delinquent. handle the case formally or informally.
DELINQUENCY PROCEEDING - Court action to JUDGMENT - Any official decision or finding of a

officially declare someone a juvenile delinquent. A "delinquent" judge or administrative agency hearing officer upon the
is defined as under the age of majority who has been respective rights and claims of parties to an action; also known
convicted in juvenile court of something that would be as a decree or order.
classified as a crime in adult court.
KENT v. U.S. (1966) - Case requiring a special
DEPENDENT - Anyone under the care of someone hearing before any transfers to adult court.
else. A child ceases to be a dependent when they reach the
age of emancipation. MATERNAL PREFERENCE RULE - Legal doctrine
granting mothers custodial preference after a divorce.
DeSHANEY v. WINNEBAGO COUNTY (1989) -
Case limiting extent by which government exercises parens NEGLECT - Parental failure to provide a child with
patriae power. basic necessities when able to do so. Encompasses a variety
of forms of abuse that do not require the element of intent.
DISPOSITION - Phase of delinquency proceeding
similar to "sentencing" phase of adult trial. The judge must PARENS PATRIAE - Legal doctrine establishing
consider alternative, innovative, and individualized sentences "parental" role of state over welfare of its citizens, especially
rather than imposing standard sentences. its children. A 19th century idea first articulated in Prince v.
Massachusetts (1944).
DIVERSION - An alternative to trial decided upon at
intake to refer the child to counseling or other social services. PAROLE - Release of a juvenile delinquent from
custodial confinement prior to expiration of sentence;
EMANCIPATION - Independence of a minor from his sometimes called aftercare.
or her parents before reaching age of majority.
PATERNITY - Result of lawsuit forcing a reluctant
EQUAL PROTECTION – A clause requiring man to assume obligations of fatherhood. Blood and DNA
government to treat similarly situated people the same or have tests showing a 98 or 99 percent likelihood are the standard.
good reason for treating them differently. Compelling reasons Laws vary widely in terms of statutes of limitations and when
are considered to exist for treating children differently. paternity actions will not be allowed (estoppel).
FAMILY IMMUNITY DOCTRINE - Legal doctrine PLEADING - In juvenile court, a plea of "not guilty"
preventing unemancipated children from suing their parents. will move the case to adjudication, and a plea of "guilty" or
"nolo contendere" will result in waiver of the right to trial. State
FAMILY PURPOSE DOCTRINE - Legal doctrine procedures vary widely in how intelligent and voluntary pleas
holding parents liable for injuries caused by a child's negligent are accepted.
driving or other actions.
PRELIMINARY HEARING - The bringing of a
FOSTER CARE - Temporary care funded via juvenile before a magistrate or judge in which charges are
Federal-State pass-through and arranged by a child welfare formally presented. Similar to an arraignment in adult court,
agency in order to allow receipt of adequate food, clothing, and also called "advisory hearings" or "initial appearances" in
shelter, education, and medical treatment for anyone raising a some state juvenile justice systems.
child that is not their own.
PREVENTIVE DETENTION - Keeping a juvenile in
GUARDIAN AD LITEM - Phrase meaning "For the custody or under a different living arrangement until the time
Proceeding" referring to adults who look after the welfare of a when an adjudication can take place. Upheld in Schall v.
child and represent their legal interests. Martin (1984), but the right to speedy trial requires the
dropping of charges if an unreasonable amount of time is
GUARDIANSHIP - Court order giving an individual or
spent in preventive detention.
organization legal authority over a child. A guardian of the
person is usually an individual and the child is called a ward. A PROTECTIVE CUSTODY - Emergency, temporary
guardian of the estate is usually an organization, like a bank, custody by a child welfare agency, police agency, or hospital
which manages the property and assets of a child's for reasons of imminent danger to the child. A hearing must be
inheritance. Guardians are usually compensated for their held for the benefit of the parents within a few days.
services.
PSYCHOLOGICAL PARENT DOCTRINE - Legal
ILLEGITIMACY - Being born to unmarried parents. doctrine granting custody to the parent whom the child feels
The law assumes legitimacy via a married mother's husband, the greatest emotional attachment to.
whether or not this is the true father. Illegitimacy status limits
inheritance rights.
RESTITUTION - A disposition requiring a defendant
to pay damages to a victim. The law prohibits making
restitution a condition of receiving probation. Poor families
cannot be deprived of probation simply because they are too
poor to afford restitution. Some states do not allow families to
pay restitution.
RULE OF SIXTEEN – (US) - Federal and state laws

that prohibit anyone under age 16 from employment.
STANFORD v. KENTUCKY (1989) - Case in which it

was determined constitutional to execute juveniles between
the ages of 16-18, but unconstitutional if they committed
crimes while under age 16. Won by a narrow majority, as in
the 1988 case of Thompson v. Oklahoma which relied upon
"standards of decency".
STATUS OFFENSE - An activity illegal when

engaged in by a minor, but not when done by an adult.
Examples include truancy, curfew, running away, or habitually
disobeying parents.
STEPPARENT - A spouse of a biological parent who

has no legal rights or duties to the child other than those which
have been voluntarily accepted.
SURROGATE PARENT - A parent who provided an

egg, sperm, or uterus with an intent of giving the child up for
adoption to specific parties.
TENDER YEARS DOCTRINE - Legal doctrine that

unless the mother is "unfit", very young children should be
placed in custody with their mother following a divorce.
TERMINATION HEARINGS - Process for legally

severing the parent-child relationship. Initiated by the filing of a
petition in family court, and almost always brought forth by a
child welfare agency. Requires a finding of "unfitness" and a
determination of the best interests of the child.
UNFIT PARENT - A temporary or permanent

termination of parental rights in the best interest of the child
usually for reasons of abandonment, abuse, or neglect, but
also including mental illness, addiction, or criminal record.
Poverty alone and character flaws are prohibited by law from
being indicators of "unfitness".
CRIM 5- HUMAN BEHAVIOR & CRISIS MGT
Human Behavior
- anything an individual does that involves self-
initiated action and/or reaction to a given
situation.
- the sum total of man's reaction to his
environment or the way human beings act
Human Beings
Human beings are intelligent social animals with the
mental capacity to comprehend, infer and think in rational
ways.
Views in Human Behavior

1. Neurological View – deals with human actions in
relation to events taking place inside the body such
as the brain and the nervous system.
2. Behavioral View – emphasizes on external functions
of the human being that can be observed and
measured.
3. Cognitive View – it is concerned with the way the
brain processes and transforms information into
various ways.
4. Psychoanalytical View – emphasizes unconscious
motives that originate from aggressive impulses in
childhood.
5. Humanistic View – focuses on the subject’s
experience, freedom of choice and motivation toward
self-actualization.
Two Basic Types of Behavior

1. Inherited (Inborn) behavior – refers to any
behavioral reactions or reflexes exhibited by people
because of their inherited capabilities or the process
of natural selection.
2. Learned (Operant) behavior – involves knowing or
adaptation that enhances human beings’ ability to
cope with changes in the environment in ways which
improve the chances of survival.
Learned behavior may be acquired through
environment or training.
Classifications of Human Behavior

1. Habitual – refers to motorized behavior usually
manifested in language and emotion.
2. Instinctive – are generally unlearned and simply
comes out of man’s instinct which can be seen
among instinct-instinct survival behaviors.
3. Symbolic – are behaviors that are usually carried out
by means of unsaid words and shown through
symbols or body signs.
4. Complex – are those behaviors that combine two or
more of the classified ones.
Causes of Human Behavior

 Sensation – is the feeling or impression created by a
given stimulus or cause that leads to a particular
reaction or behavior.
Human Senses:
a. Visual – sight
b. Olfactory – smell
c. Cutaneous – touch
d. Auditory – hearing
e. Gustatory – taste
 Perception – refers to the person’s knowledge of a
given stimulus which largely help to determine the
actual behavioral response in a given situation
 Awareness – refers to the psychological activity
based on interpretation of past experiences with a
given stimulus or object.
Factors that affect Human Behavior

 Heredity – it is the passing of traits to offspring (from
its parent or ancestors). This is the process by which
an offspring cell or organism acquires or becomes
predisposed to the characteristics of its parent cell or
organism.
 Environment – refers to surroundings of an object. It
consists of conditions and factors that surround and
influence behavioral pattern.
 Learning – is the process by which an individual’s 2. Detour - when an individual realizes that in finding for
behavior changes as a result of experience or the right solution of the problem, he always end up
practice. with a negative outcome or result. Thus, he tries to
make a detour or change direction first and find out if
Personality Traits that Affect Human Behavior the solution or remedy is there.
1. Extroversion – characterized by interests directed
toward the external environment of people and things 3. Substitution - most of time are resulted to in
rather than toward inner experiences and oneself. handling frustration when an original plan intended to
2. Introversion – characterized by direction of interest solve the problem did not produce the intended
toward oneself and one’s inner world of experiences. result, thus the most practical way to face the
Introverts, in contrast, tend to be more reserved, less problem, is to look for most possible or alternative
outgoing, and less sociable. means.
3. Ambiversion – is a balance of extrovert and introvert
characteristics. An ambivert is normally comfortable 4. Withdrawal or retreat - is corresponding to running
with groups and enjoys social interaction, but also away from the problem or flight which to some is the
relishes time alone and away from the crowd. safest way.
4. Neuroticism – persons high in neuroticism react
intensely and are generally moody, touchy, 5. Developing feeling of inferiority - comes when a
depressed, sensitive and anxious or nervous. They person is unable to hold on to any solution which
respond more poorly to environmental stress, and are gives a positive result. Being discourage to go on
more likely to interpret ordinary situations as working for a way to handle a frustration could result
threatening, and minor frustrations as hopelessly to diminishing self-confidence, until the time when
difficult. inferiority complex sets in.
5. Psychoticism – is characterized by cold cruelty,
social insensitivity, disregard for danger, troublesome 6. Aggression - is a negative outcome of a person's
behavior, dislike of others and an attraction towards inability to handle frustration rightly. Manifestation in
unusual. A person high on psychoticism tends to be physical behavior can be observed in one's negative
impulsive, aggressive individual without appreciable attitudes towards life both in the personal and
concern for other professional aspect.
Frustration in Human Behavior 7. Use of Defense Mechanism – is the most tolerated

way of handling frustration. It is a man’s last result
Frustration refers to the situation which blocks the individual’s when a person attempts to overcome fear from an
motivated behavior. Sustained frustration may be anticipated situation or event.
characterized by anxiety, irritability, fatigue or depression.
Defense Mechanism – is an unconscious psychological
Three Basic Forms of Conflict process that serves as safety valve that provides relief from
1. Approach-Avoidance Conflict - occurs when an emotional conflict and anxiety.
individual moves closer to a seemingly desirable
object, only to have the potentially negative Common Defense Mechanisms
consequences of contacting that object push back 1. Displacement - strong emotion, such as anger, is
against the closing behavior. displaced onto another person or object as the
2. Approach-Approach Conflict - This is a conflict recipient of said emotion (anger), rather than being
resulting from the necessity of choosing between two focused on the person or object which originally was
desirable alternatives. There are usually two the cause of said emotion.
desirable things wanted, but only one option can be
chosen. 2. Rationalization - is the defense mechanism that
3. Avoidance-Avoidance Conflict - This form of enables individuals to justify their behavior to
conflict involves two undesirable or unattractive themselves and others by making excuses or
alternatives where a person has to decide of formulating fictitious, socially approved arguments to
choosing one of the undesirable things. convince themselves and others that their behavior is
logical and acceptable
Coping Mechanism
It is defined as the way people react to frustration. 3. Compensation - is the psychological defense
People differ in the way they react to frustration. This could be mechanism through which people attempt to
attributed to individual differences and the way people overcome the anxiety associated with feelings of
prepared in the developmental task they faced during the early inferiority and inadequacy in one is of personality or
stages of their life. body image, by concentrating on another area where
they can excel.
Frustration Tolerance
It is the ability to withstand frustration without 4. Projection - manifest feelings and ideas which are
developing inadequate modes of response such as being unacceptable to the ego or the superego and are
emotionally depressed or irritated, becoming neurotic, or projected onto others so that they seem to have
becoming aggressive. these feelings or ideas, which free the individual from
the guilt and anxiety associated with them.
Broad Reactions to Frustration
 Fight – is manifested by fighting the problem in a 5. Reaction formation - is defined as the development
constructive and direct way by means of breaking of a trait or traits which are the opposite of tendencies
down the obstacles preventing the person reaching that we do not want to recognize. The person is
his goals. motivated to act in a certain way, but behaves in the
 Flight – it can be manifested by sulking, retreating, opposite way. Consequently, he is able to keep his
becoming indifferent and giving up. urges and impulses under control.
Different Types of Reaction to Frustration 6. Denial – when a person uses this, he refuses to
1. Direct approach - can be seen among people who recognize and deal with reality because of strong
handle their problems in a very objective way. They inner needs.
identify first the problem, look for the most practical
and handy way to solve it, and proceeded with the 7. Repression – is unconscious process whereby
constructive manner of utilizing the solution which will unacceptable urges or painful traumatic experiences
produce the best results. are completely prevented from entering
consciousness.
8. Suppression - which is sometimes confused with 5. Megalomania – the impulse for fame or power.
that of repression, is a conscious activity by which an 6. Pyromania – the impulse to set fire.
individual attempts to forget emotionally disturbing 7. Suicidal mania – the impulse to take one’s life.
thoughts and experiences by pushing them out of his
mind. 3. Phobia
 this is an intense, unrealistic fear. In this case,
9. Identification - an individual seeks to overcome his anxiety is focused so intensely on some objects or
own feelings of inadequacy, loneliness, or inferiority situations that the individual is acutely uncomfortable
by taking on the characteristics of someone who is around it and will often go to great pain to avoid it.
important to him. An example is a child who identifies  an irrational fear which is fixed, intense,
with his parents who are seen as models of uncontrollable, and most of the time has no
intelligence, strength and competence reasonable foundation.
10. Substitution - through this defense mechanism, the TYPES OF PHOBIAS

individual seeks to overcome feelings of frustration TYPES OF PHOBIAS
and anxiety by achieving alternate goals and 1. Acrophobia - high places
gratifications. 2. Agoraphobia - open spaces and market places
3. Malgophobia - pain
11. Fantasy - this is resulted to whenever unfulfilled 4. Astraphobia - storms, thunder, and lightning
ambitions and unconscious drives do not materialize. 5. Gynophobia – fear of dogs
6. Claustrophobia - closed places
12. Regression – a person reverts to a pattern of feeling, 7. Hematophobia - blood
thinking or behavior which was appropriate to an 8. Mysophobia - contamination or germs
earlier stage of development. 9. Monophobia - being alone
10. Nyctophobia - darkness
13. Sublimation – is the process by which instinctual 11. Ochlophobia - crowds
drives which consciously unacceptable are diverted 12. Hydrophobia - water
into personally and socially accepted channels. It is a 13. Pathophobia - disease
positive and constructive mechanism for defending 14. Pyrophobia - fire
against own unacceptable impulses and needs. 15. Syphilophobia - syphilis
16. Zoophobia - animals or some particular animals
Normal Behavior
This refers to a lack of significant deviation from the 4. DEPRESSION
average. Another possible definition is that "a normal" is
 extreme feeling of low morale, sadness,
someone who conforms to the predominant behavior in a
loneliness, self-pity, despair, rejection, boredom
society.
and pessimism; a person is said to be depressed
Social norms – rules that a group uses for
if these feelings become pervasive and can
appropriate and inappropriate values, beliefs, attitudes and
already affect all aspects of a person’s life.
behaviors.
2) Psychosis - a mental condition where the person may
Abnormal Behavior (Deviant)
withdraw from the real world into the world of fantasy and
Literally means "away from the normal". It implies
make-believe, where a person’s hidden or unexpressed
deviation from some clearly defined norm. In the case of
desires can be fulfilled.
physical illness, the norm is the structural and functional
integrity of the body.
DELUSION – false belief
When a person is frustrated in his attempts to adjust
HALLUCINATION – false sensory perception
himself to difficult situation over a long period of time, he may
try to escape from conflicts by suffering from any of the
V. PERSONALITY DISORDERS
following mental disorders:
Personality disorders, formerly referred to as
character disorders, are a class of personality types and
1) NEUROSIS – a condition where a person compromises
behaviors defined as “an enduring pattern of inner experience
with reality by developing imaginary ailments, phobia,
and behavior that deviates markedly from the expectations of
obsession or compulsion.
the culture of the individual who exhibits it”. This category
includes those individuals who begin to develop a maladaptive
Some of the more common neuroses are:
behavior pattern early in childhood as a result of family, social,
and cultural influences.
1. anxiety
 manifested through apprehension, tension, and
Types of Personality Disorders
uneasiness from anticipation of danger the source of
which is largely unknown or unrecognized. 1. Paranoid Personality – This is characterized by
2. obsessive compulsive disorder suspiciousness, hypersensitivity, rigidity, envy, excessive self-
 people who suffer from this have unwanted, intrusive importance, and argumentativeness plus a tendency to blame
and repetitive thoughts or behaviors. others for one's own mistakes and failures and to ascribe evil
motives to others.
Obsessive-Compulsive Disorders
2. Schizoid Personality – Individuals with this personality
Obsession – This is an anxiety provoking thoughts that disorder neither deserve nor enjoy close relationship. They
will not go away. Thoughts and impulses which occur in the live a solitary life with little interest in developing friendships.
person’s mind despite attempts to keep them out. They seem They exhibit emotional coldness, detachment, or a constricted
uncontrollable, as if they do not belong to the individual's affect. This is characterized by a lack of interest in social
mind. relationships, a tendency towards a solitary lifestyle,
Compulsion – It is an urge wherein a person is secretiveness, and emotional coldness.
compelled to perform some actions against his free will and
with duress as a result of external factors. This is an 3. Schizotypal Personality – Individuals with this type of
irresistible urge to engage in certain pattern of behavior. personality disorder exhibit odd behaviors based on a belief in
magic or superstition and may report unusual perceptual
EXAMPLES OF COMPULSION experiences.
1. Arithomania – the impulse to count anything. 4. Histrionic Personality – this is characterized by attempt to
2. Dipsomania – the impulse to drink liquor. be the center of attention through the use of theatrical and
3. Homicidal mania – the impulse to kill. self-dramatizing behavior. Sexual adjustment is poor and
4. Kleptomania – the impulse to steal.
interpersonal relationships are stormy. It is characterized by 11. Cunnilingus – licking of woman’s genitals
excessive emotionality and attention-seeking, including an 12. Fellatio – sucking the penis
excessive need for approval and inappropriate seductiveness, 13. Pedophilia – obtaining pleasure from sexual contact
usually beginning in early adulthood. with children.
14. Incest – sexual relations between persons related by
5. Narcissistic Personality – Individuals with this type of blood.
personality have a pervasive sense of self-importance. A 15. Bestiality – sexual intercourse with a living animal.
disorder and its derivatives can be caused by excessive praise 16. Necrophilia – desire to engage in sexual intercourse
and criticism in childhood, particularly that from parental with a dead body.
figures.
Scatopilia - arousal is achieved by making obscene
6. Antisocial Personality – This is characterized by a lifelong phone calls
history of inability to conform to social norms. They are irritable Coprophilia - A pharaphilia in which gratification is
and aggressive" and may have repeated physical fights. attained when sexual intercourse is accompanied
These individuals also have a high prevalence of morbid with human feces.
substance abuse disorders. Piquerism - A pharaphilia in which one finds pleasure
in stabbing or cutting bodies:
7. Borderline Personality – This is characterized by Urophilia – urine
instability, reflected in drastic mood shifts and behavior
Mysophilia – dirt or filth
problems. Individuals with this type of personality are acutely
BDSM – bondage – dominance/submission –
sensitive to real or imagined abandonment and have a pattern
of repeated unstable but intense interpersonal relationships sadism/masochism
that alternate between extreme idealization and devaluation. Pygmalionism- Statue
Such individuals may abuse substances or food, or be
sexually promiscuous. CRISIS MANAGEMENT
Crisis
8. Avoidant Personality – Individuals with this personality are This refers to unstable and dangerous social
fearful of becoming involved with people because of excessive condition characterized by an impending abrupt change
fears of criticism or rejection. involving economic, military, political, police, societal or
personal affairs that is approaching emergency level event.
9. Dependent Personality – This is characterized by inability - came from the Greek word “CRISIS” which means
to make even daily decisions without excessive advice and to separate.
reassurance from others and needs others to assume
responsibility for most major areas of his or her life. EMERGENCY
Came from the Latin word “EMERGENTIA” which means
10. Compulsive Personality – This is characterized by dipping; plunging. It is a sudden condition or state of affairs
excessive concern with rules, order efficiency, and work calling for immediate action.
coupled with insistence that everyone do things their way and
an inability to express warm feelings. Crisis Management
It refers to the action undertaken to unify and
11. Passive-Aggressive Personality – The individual with coordinate resources and efforts to effectively and efficiently
personality disorder is usually found to have overindulged in quell a given criminal/life threatening situation.
many things during the early years to the extent that the Also defined as the expert handling of emergency or
person comes to anticipate that his needs will always be met crisis to reduce or eliminate danger or damage.
and gratified.
Copycat Crime EMERGENCY, CRISIS AND DISASTER DISTINGUISHED

 Copycat crime is crime inspired by another crime - If the situation is still controlled and the response
that has been publicized in the news media or given is for the purpose of containing the situation
fictionally or artistically represented in which the from getting out of control, then it is just an
offender incorporates aspects of the original EMERGENCY.
offense. - If the situation is already beyond normal control what
is happening is already a CRISIS.
SEXUAL DEVIANCY - If the effects of the crisis can no longer be controlled
even by its author, it is now a DISASTER.
 A sexual act that seeks gratification by means
other than heterosexual relationship.
Types of Crisis
a. Natural crisis – is typically natural disasters
HETEROSEXUALITY
considered as acts of God, such as environmental
 normal sexual relationship between members of
phenomena as earthquakes, volcanic eruptions,
the opposite sex which could lead to
tornadoes and hurricanes, floods, landslides,
reproduction.
tsunamis, storms, and droughts that threaten life,
property, and the environment itself.
TYPES OF SEXUAL DEVIANCY
b. Man-Made Crisis
1. Homosexuality - sexual desire towards the same sex
- civil disturbance, revolt, revolution, border incident,
2. Transvestitism - obtaining sexual gratification by
war, kidnapping, hijacking, hostage-taking, terrorists activities,
wearing the clothes of the opposite sex.
attacks on government facilities, etc.
3. Voyeurism - obtaining sexual pleasure by watching
the members of the opposite sex undressing or
Objectives of Crisis Management
engaging in sexual activities.
 Resolve without further incident.
4. Exhibitionism - obtaining pleasure by exposing one’s
 Safety of all participants.
genitals to others.
 Apprehension of all perpetrators.
5. Fetishism - obtaining sexual gratification primarily
 Accomplishment of the task within the framework of
and exclusively from specific objects.
current community standard.
6. Sadism – by inflicting pain to others
7. Masochism – by inflicting pain upon themselves .
PURPOSE OF CRISIS MANAGEMENT:
8. Sodomy – sexual act through the anus of another
“SALVARI VITAS” – to save lives
human being.
9. Froilism – a form of sexual perversion in which three
PHASES OF CRISIS MANAGEMENT
(3) persons are participating in sexual act.
a. Proactive Phase
10. Pluralism – a group participates in sexual orgies
- includes prediction, prevention and preparation.
(sexual festival).
b. Reactive Phase
- performance, initial action, action, and post action. - irrational
PROPER HANDLING: the hostage taker may feel a
LEGAL REGIMES IN DEALING WITH CRISIS degree of pleasure if he finds himself important, being the
Sec. 6, Article XVI, 1987 Constitution center of attraction. Prolonging the time
- The State shall establish and maintain one police
force, which shall be national in scope and civilian in 3. TERRORIST
character, to be administered and controlled by the - more difficult to handle
NPOLCOM. The authority of local executives over the police - when caught, they rationalize by claiming to be
units in their jurisdiction shall be provided by law revolutionaries a situation they resolve to die for a
Sec. 444 and 445, R.A. 7160 cause.
- The mayor shall act as the deputized representative
of the NAPOLCOM, which shall exercise operational control PROPER HANDLING: their causes may deteriorate in the
and supervision over the local police forces in the city and passage of time. If they kill one of the hostages, the
municipality. negotiators then must set to save the remaining hostages.
Hostage Incident HOSTAGE TAKER’S DEMANDS

It is any incident in which people are being held by 1. Negotiable - food, cigarettes, drinks, alcohol,
another person or persons against their will, usually by force transportation, media coverage, freedom
or coercion, and demands are being made by the hostage 2. Non-Negotiable - weapons, ammunitions, drugs,
taker. release of prisoners, exchange of hostages
Characteristics of a Negotiable Incident PRINCIPLES IN HOSTAGE NEGOTIATION

 There must be a need to live on the part of a hostage 1. the hostage has no value to the hostage taker
taker. 2. the priorities in the hostage situations are the
 There must be a threat of force on the part of the preservation of life and the apprehension of the
authorities. hostage taker, recover and protect property.
 There must be demands by the hostage taker. 3. hostage situation must not go violently
 The negotiator must be seen by the hostage taker as 4. there must be a need to live on the part of the
a person who can hurt the hostage taker but is willing hostage taker
to help him.
 There must be time to negotiate. IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON
 A reliable channel of communication must exists ARRIVAL AT THE SCENE OF INCIDENT
between the hostage taker and the negotiator. 1. Containment - controlling situation and area by people
 Both the location and the communications of the involved.
incident need to be contained in order to encourage 2. Establish Contact - communicate with the leader
negotiation. 3. Time Lengthening - give more time to the police to organize
 The negotiator must be able to deal with the hostage and coordinate plan of
taker making the decisions. action.
4. Telephone Negotiation Technique
Hostage - Is a person held as a security for the fulfillment of 4.1. Be the caller (talk with the leader only)
certain terms 4.2. Plan and prepare
Negotiate - It means to arrange or settle by conferring or 4.3. Be ready with graceful exit
discussing. 4.4. Discipline yourself to listen.
Crisis Negotiation - means the use of communication 4.5. Do not tell that you are the commander, neither
techniques and strategies to influence a person to change his your rank
behavior in accordance with goals within legal, ethical and 4.6. Just tell “My name is…I am a police negotiator
moral constraints. and willing to help.
4.7. Delay tactic – to wear down hostage taker,
physically, psychologically and emotionally. Will also
PRIORITIES IN HOSTAGE SITUATION give more time for police organize and coordinate
1. Preservation of live plan course of action.
2. Apprehend hostage taker 4.8. In case hostage taker won’t talk, continue
3. To successfully negotiate; there must be need to live negotiating. Don’t loss hope!
on the part of the hostage taker and a threat of force
by the authorities. Advantages of Telephone Conversation
1. easier to say NO
CATEGORIES OF HOSTAGE-TAKER 2. easier to conclude the conversation
1. PERSONS IN CRISIS - people who take hostages 3. conversation is quicker
during a period of prolonged frustration, despair and 4. important items are more easily committed
problems. 5. caller has the advantage
2. PSYCHOTICS - mentally-ill people who take
hostage during a period of psychiatric disturbance. 5. Need for face-to-face conversation
3. COMMON CRIMINALS - people who take hostages - Don’t be over anxious
for personal reason. - wear body armor
4. PRISONER - people who take hostage because of - have tactical back-up (snipers)
dissatisfaction and discontent regarding their living - Face-to-face, maintain proper distance;
condition in prison. ◦ Proper distance – 1 to 3 feet.
5. POLITICAL TERRORIST - people who take ◦ Intimate distance – about 6 inches
hostages because of political and ideological beliefs. - in retreating, face hostage taker slowly backing out
of the door.
HANDLING OF SPECIFIC HOSTAGE SITUATION
6. Surrender approach– start with a position approach, act as
1. PROFESSIONAL CRIMINAL if hostage taker will surrender. Do not talk too much. Gradually
- easiest to handle ask him to surrender. Reassurance is the wisest thing to do.
- rational thinker Talk details of surrender process. And explain why now is
- after assessing the situation and weighing the odds, better than later.
usually come to terms with the police.
PROPER HANDLING: show force but refrain from Crisis Negotiation Bargaining Techniques
unnecessary violence or useless killing. 1. The use of time to increase basic needs, making
it more likely that the subject will exchange a
2. PSYCHOTIC INDIVIDUAL hostage for some basic needs.
- present different and somewhat complex problems
2. The used of time to collect intelligence on the the hostage-taker without clearance from the
subject that will help develop a trade. negotiator or Ground Commander.
3. The use of time to reduce the subject’s
expectation of getting what he wants. Assault Team
4. Trades can be made for food, drink,  An assault team shall be alerted for deployment
transportation and money. in case the negotiation fails. Members of the
5. Trades cannot be made for weapons or the assault team shall wear authorized and easily
exchange of hostages. recognizable uniform during the conduct of the
6. The boss does not negotiate. operation.
7. Start bidding high to give yourself room to
negotiate. Guidelines during Negotiations
8. Never draw attention to the hostages, it gives the The following shall be undertaken in the conduct of
subject too much bargaining power. negotiations:
9. Manipulate anxiety levels by cutting off power, a. Stabilize and contain the situation;
gas, etc. b. Select the right time to make contact with the
hostage-taker;
Stockholm Syndrome c. Take time when negotiating;
It is the development of unique relations between the d. Allow hostage-taker to speak;
hostages and the hostage taker. A strong attachment of the e. Don’t offer the hostage-taker anything. What he will
hostage victim to the hostage takers after a long period of ask for will be part of the negotiation;
captivity, by the hostage became sympathizer of the hostage f. Avoid directing frequent attention to the victim when
takers. talking to the hostage taker;
g. Do not call them Hostages. Be as honest as possible;
Lima Syndrome - hostage-takers may not intend to cause avoid tricks; be sincere;
harm to their hostages at all. Hostage-takers who develop h. Never dismiss any request from the hostage-taker as
sympathy are said to have fallen prey to Lima Syndrome. trivial or unimportant;
i. Never say “NO”
London Syndrome - is used to describe a response in j. Soften the demand
which hostages do not co-operate with their captors and k. Never set deadline; try not to accept a deadline;
become disobedient, belligerent and/or argumentative. l. Do not make alternate suggestions not agreed upon
in the negotiation;
CRISIS MANAGEMENT TEAM m. Do not introduce outsiders (non-law enforcement
officers) into the negotiation process, unless their
Team – is a small group of people with complementary skills presence is extremely necessary in the solution of
who are committed to a common purpose, performance goals the crisis; provided that they shall be properly
and approach for which they hold themselves mutually advised on the do’s and don’ts of hostage
accountable. negotiations;
n. Do not allow any exchange of hostages, unless
Command Post extremely necessary; in particular, do not exchange a
It is the position from which a unit commander and negotiator for a hostage;
his staff exercise command over the hostage incident. o. Avoid negotiating face-to-face; and
p. Law enforcement officers without proper training shall
Ground Commander is the designated senior officer in not be allowed to participate in hostage negotiations.
command of the incident. Also termed “incident commander”
Inner and Outer Perimeter
 Inner Perimeter – is the immediate area of
containment as designated by the on ground
commander
 Outer Perimeter – is a secondary control area
surrounding the inner perimeter, providing a safe
zone for access to the inner perimeter.
The Tactical Team

Is an assault team responsible in carrying out assault
operation whenever negotiation fails. A unit of specially
selected, appointed, trained and equipped officers that
provides assistance in those incidents that would require
special tactics, techniques and equipment.
Procedures to be followed in a Hostage Situation (Rule

26, PNPPOP)
a. A Crisis Management Task Group shall be activated
immediately.
b. Incident scene shall be secured and isolated.
c. Unauthorized persons shall not be allowed entry and
exit to the incident scene.
d. Witnesses’ names, addresses, and other information
shall be recorded. Witnesses shall be directed to a
safe location.
Ground Commander
 There shall be only one Ground Commander in
the area. Until such time that he officially
designates a spokesperson, he may issue
appropriate press statements and continue to
perform the role of the spokesperson.
Negotiators
 Negotiators shall be designated by the Ground
Commander. No one shall be allowed to talk to
CRIM. 6- CRIMINOLOGICAL RESEARCH
Meaning of Research
= scientific investigation of phenomena which includes
collection, presentation, analysis and interpretation of facts
that links man’s speculation with reality.
= systematic, controlled, empirical and critical investigation of
hypothetical proposition about the presumed relations among
natural phenomena.
KINDS AND CLASSIFICATION OF RESEARCH
A. According to Purpose
1. Predictive or Prognostic Research – has the purpose of

determining the future operation of the variables under
investigation with the aim of controlling or redirecting such for
the better
2. Directive Research – determines what should be done

based on the findings this is to remedy an unsatisfactory
condition, if there is any
3. Illuminative Research – is concerned with the interaction

of the components of the variable being investigated, as for
example, “interaction of the components of educational
systems and aims to show the connections among, for
example, students’ characteristics, organizational pattern and
policies, and educational consequences
B. According to Goal
1. Basic or pure Research – is done for the development of

theories and Principles.
2. Applied Research – is the application of the results of pure

search. This is testing the efficacy of theories and principles.
aims to test theories and concepts developed for verification,
application, development and support and their relationship to
the existing fund of knowledge
C. According to the Level of Investigation
1. Exploratory Research – the researcher studies the

variables pertinent to a specific situation.
2. Descriptive Research – the researcher studies the T = Time-bound – time frame is required in every activity
relationships of the variables. because the shorter completion of the activity the better
3. Experimental Research – the experiment studies the Capsulizing Research Problem into Title
effects of the variables on each other. 1. It should clearly and specifically stated
2. Variables investigated should by all means be written as
D. According to the Type of Analysis part of the title
3. Relationship between and among variables should be
1. Analytical Research – the researcher attempts to identify indicated
and is isolate the components of the research situation. 4. Target population should be indicated in the title to achieve
specificity
2. Holistic Research – begins with the total situation. 5. It should have a maximum of twenty substantive words.
Focusing attention on the system first and then on its internal 6. Function words should not be placed at the end of each line
relationships. 7. Title must take the form of an inverted pyramid
Note:
E. According to Scope – Under this category is Action Avoid redundancies like “A Review of…”, “An
Research. This type of research is done on a very limited Analysis of…”, An Evaluation of…”, “An Assessment….” and
scope to solve a particular problem which is not so big. It is the like because even without those terms, the researcher will
almost problem solving. review, evaluate, assess or analyze the problem posted in the
study.
F. According to Choice of Answers to Problems
Avoid Plagiarism
1. In Evaluation research, all possible courses of action are
specified and identified and the researcher tries to find the Plagiarism is an act of incorporating into one’s work the work
most advantageous. of another without indicating the source
= the unacknowledged used of somebody else’s words or
2. In developmental research, the focus is on finding or ideas
developing a more suitable instrument or process than has = an act wherein the writer uses passages, ideas, writings,
been available. and statements of others without giving due credit
G. According to Statistical Content Construction of the Main Problem and Sub-problem of the
Study
1. Quantitative or statistical research – is one in which
inferential statistics are utilized to determine the results of the 1. The main problem of the study may be stated by briefly
study. Inferential statistics such as correlation, chi-square, pointing out the objectives, the subject and the coverage of
analysis of variance, etc. are used to test the hypothesis. This the study.
type of research usually includes comparison studies, cause- Ex. The study aimed to assess the acceptance of an accurate
and-effect relationships, etc. polygraph results as evidence in court.
2. Specify the sub-problems of the main problem.
2. Non-quantitative research – This is research in which the Ex. Specifically, it sought to answer the following sub-
use of the quantity or statistics is practically nil. This is problems:
especially true in anthropological studies where description is 1. To what extent does the application of polygraph
usually used. Descriptive data are gathered rather than examination affect the attainment of an accurate results to be
quantitative data. presented as evidence in court in terms of:
1.1. examiner’s competency;
H. According to Time Element 1.2. facility and instrument;
1.3. techniques and procedures; and
1. Historical research describes what was. 1.4. subject’s condition?
2. Descriptive research describes what is.
3. Experimental research describes what will be. Theoretical Framework
 Theoretical framework is the foundation of the study.
Steps in Scientific Method of Research (Sequential)  The theory should have a relationship with the issues
1. Determining (recognizing) the problem posted in the study
2. Forming a hypothesis
3. Doing the library search Types of Theories
4. Designing the study
5. Developing the instruments for collecting data 1. Descriptive Theory = seeks to describe a phenomenon
6. Collecting the date
7. Analyzing the data 2. Prescriptive Theory = seeks to tell how and sometimes
8. Determining implications and conclusions from the findings why one should or ought to behave in certain ways
9. Making recommendations for further research.
Guidelines in Choosing Theory
Standard format of Thesis Writing
1. The Problem and the Setting 1. Research must be well-founded on universally accepted,
2. Related Literature and Studies known and tested theory, principles or concepts.
3. Methods of Research and Procedures
4. Analysis, Presentation, and Interpretation of Data 2. Research may be anchored on several theories available.
5. Summary, Conclusions, and Recommendations.
Presentation of Theoretical Framework
Three (3) Major Research Methods Ex. The framework of the study is anchored on …………..
Historical ……………
Descriptive Conceptual Framework
Experimental methods of research
= an illustration of how research problems are generated from
Attributes of Good Research Problem the theoretical framework of the study
= it may be some sort of modification of the theoretical
S = Specific – specifically stated framework or personally conceptualized by the researcher
M = Measurable – easy to measure by using research
instrument in collection of data Presentation of Conceptual Framework/Paradigm
A = Achievable – data are achievable using correct statistical
treatment/techniques to arrive at precise results
R = Realistic – real results are not manipulated
1. The research paradigm must clearly show the major impact
of the cited theory on the variables (dependent and Qualities of Good Research Instrument
independent variables) of the study.
1. Validity = degree to which a measuring instrument
2. An existing theory may be capsulized in a research measures what it intends to measure
paradigm which may be adopted with some modifications.
Types of Validity
3. There must be textual explanations of the variables in the
paradigm. Textual explanations should come before the figure a. Content-Related Validity = refers to content and format of
or paradigm. the instrument which must answer the following criteria:
appropriateness; logical; adequate; and, proper format
Assumption and Hypothesis
b. Criterion-Related Validity = refers to the relationship
1. Assumption = self-evident truth which is based upon between scores obtained using one or more instruments or
known fact or phenomenon. it is not usually answered or measures
proven because it is assumed true or correct which are
beyond the control of the researcher. c. Construct-Related Validity = refers to the nature of
Note: In historical and descriptive researches, it is often times psychological construction or characteristics being measured
not explicitly expressed but left implicit, that is, unwritten by the instrument
2. Hypothesis = tentative conclusion or answer to specific 2. Reliability = extent to which the instrument is dependable,
question raised at the beginning of the investigation. It is an self-consistent and stable
educated guess about the answer to a specific question. =consistency of responses from moment to moment
= even a person takes the same test twice, the test yields the
Research Instrument = a device designed or adopted by same results
researcher for data gathering = reliable test may not always be valid
Classification of Research Instrument 3. Usability = otherwise known as Practicability

= degree to which the research instrument can be
1. Researcher Instrument = the researcher obtains satisfactorily used. It may be determined thru:
information or data himself with little or no direct involvement a. ease of administration
of the other people b. ease of scoring
c. ease of interpretation
2. Subject Instrument = the information is collected directly d. low cost
from the respondents e. proper mechanical make up
3. Informant Instrument = the information or data is collected Statistics = science which deals with the systematic process
from those knowledgeable of the subject matter of collecting, organizing, classifying, presenting, interpreting
and analyzing data
Commonly Used Instruments
Interpretation of Data = an act or instance of interpreting an
1. Questionnaire = written or printed form containing the explanation. This is done to give meaning to data generated
questions to be asked on the respondents. from the instrument to answer the problems raised in the study
Types of Questionnaire
a. Open-Ended = respondents are forced to answer the Levels of Interpretation

questions asked in the questionnaire. 1. Table Reading
=best suited to a qualitative research study 2. Implications or Meaning of Data
3. Cross referencing or corroboration wherein the results are
b. Closed-Ended = also referred as guided response type, to be compared with the existing knowledge or finished studies
closed form or restricted.
= respondents are guided in answering questions THESIS FORMAT
= options may be provided like in multiple choice test while Preliminary Pages
answers are based on the rating scales provided a. Title Page
b. Approval Sheet
2. Interview = involves face to face contact between the c. Acknowledgment
interviewee and the interviewer d. Dedication
e. Table of Contents
Types of Interview f. List of Tables
g. List of Figures
a. Structured Interview = there is a set of carefully prepared h. Abstract
questions and their expected answers are provided
CHAPTER 1
b. Unstructured Interview = respondents are free to express THE PROBLEM AND ITS SETTNG
their opinions Introduction
= also termed as non-directive or informal  Presents the problem. What the problem is
all about
3. Observation = may be defined as perceiving data through  Rational or reasons for conducting the study
the sense: sight, hearing, taste, touch and smell Setting of the Study
=sense of sight is the most important and most used  Locality of the study. Place where the study
= most direct way and most widely used in studying behavior is to be conducted
Theoretical / Conceptual Framework
 Theoretical / conceptual foundation of the
Types of Observation study
Statement of the Problem
a. Formal Observation = researcher makes a guide on what  General and specific statement of the
to observe. Possible responses may also be outlined problem determined in the study
Assumption or Hypothesis
b. Informal Observation = needs critical evaluation of the  Self-evident truth based upon known fact or
observation made to avoid biased results phenomenon (Assumption)
= recommended for qualitative research
 Tentative conclusion or answer to specific SUMMARY OF FINDINGS, CONCLUSIONS AND
questions (Hypothesis) RECOMMENDATIONS
The introductory paragraph should contain the
summary of statement of the problem, hypothesis as well as
Significance of the Study research design.
 Contribution of the result of the study to Summary of Findings
individuals, institutions, administrators,  Contains the specific findings/results of the
society, etc… study
Scope and Limitation of the Study  Presented as they were organized and
 Boundaries in terms of time, sample, categorized in the sub-problems of the study
location (Scope)  Written in past tense
 Weakness of the study beyond the control of Conclusions
the researcher (Limitation)  Written in present tense
Definition of Terms  Should be based on the findings of the study
 It can be lexical or operational definition or a  Logical and valid outgrowth of the findings
combination thereof of different terms used  Should not contain any numerals from the
in the study which are arranged findings
alphabetically  Organized and categorized according to the
sub-problems
CHAPTER 2
REVIEW OF RELATED LITERATURE AND STUDIES Recommendations
Foreign Literature  An appeal to people or institutions
 Published articles from foreign countries concerned to solve the problems discovered
in the study
Local Literature  No recommendations that will be made for
 Locally published articles problems that were not discovered in the
Foreign Studies study
 Foreign unpublished articles  Practical and attainable
Local Studies CRIME STATISTICS

 Locally unpublished articles
Synthesis - refers to the measure of the level or amount of
 Relevance of literature and studies to the crimes.
present research - The collection or study of numerical data of crimes
recorded/reported to the police.
CHAPTER 3
RESEARCH METHODS AND PROCEDURES - it uses the terms index crimes and non-index crimes
Research Method in classifying crimes.
 Brief description and justification of the
research method used in the study Index crimes are crimes which are sufficiently significant and
Population and Sampling Scheme which occur with sufficient regularity to be meaningful, such as
 Brief presentation of the entire population of murder, homicide, physical injury, robbery, theft and rape.
the study and the type of sampling
techniques used in selecting sample Non-index crimes are crimes that are not classified as index
respondents
crimes. Violations of special laws and other crimes against
Description of the Respondents
 Contains detailed description of the moral and order. These crimes are generated from the result
respondents as to age, sex, marital status, of positive police initiated operations.
nature of employment, etc…
Research Instrument
 Explanation on how the instrument used in
gathering data was develop as well as its
detailed description.
Validation of Instrument
 States brief discussion on how the
instrument was validated STATISTICAL FORMULA:
 Instrument is tested on individuals who are
knowledgeable of the subject matter but are 1. Crime Solution Efficiency (CSE) – percentage of
not part of the respondents of the study
solved cases out of the total number of reported
Procedures in Gathering Data crime incidents handled by the police for a given
 Contains the step by step procedures used period of time. It is a general measure of law
by the researcher in reaching the enforcement agency’s investigative capability or
respondents in order to gather data efficiency.
Statistical Treatment
 Contains discussion on the statistics used in
Formula:
consonance with the specific problem and
hypothesis to be tested
CSE=
CHAPTER 4
PRESENTATION, ANALYSIS AND INTERPRETATION OF {¿ TotalNoNo. of. ofSolved
¿
Cases
Reported Cases }
X 100
DATA
 Contains the answers to all the sub-problems of the
2. Crime Rate – the number of incidents in a given
study
 Answers to the problems are stated one by one period of time for every 100, 000 inhabitants of an
according to the arrangement of sub-problems for area/place.
clarity and understanding
 Answers are presented in textual and tabular forms. Formula:
Textual explanations come after the tables
CHAPTER 5
Crime Volume
CR =
{ ¿¿
Population }
X 100 , 000
3. Average Monthly Crime Rate (AMCR) – the

average number of crime incidents occurred per
month for every 100, 000 inhabitants in a certain
area.
Formula:
AMCR =
Crime Volume
{ ¿¿
Population }
X 100 , 000 ÷ no . of months
4. Variance (or % change) – one way of analyzing

crime trends. It measures the percentage change
over a given period of time.
Formula:
Current data−previous data

{ ¿¿
previous data
X 100
}
5. Crime Analysis
a. Percentage Share of Crime Volume of a

Certain Area
Formula:
{Crime volume of a certain area X 100

¿ Crime Volume Nationwide }
¿
b. Percentage Share of the Occurrence of a

Type of Crime
Formula:
{Total number of occurences of a type of crime X 100

¿ Crime Volume Nationwide
¿
}
--------------------- END ---------------------

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MODULE 5

SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS (15%)

CRIM 1- INTRODUCTION TO CRIMINOLOGY 2. It is a social science because it studies crime as a

Nature of Criminology 2. CLASSICAL SCHOOL OF CRIMINOLOGY

a. Physiognomy – the study of facial features and

 recognized as the “Father of Modern and Empirical

2. INTELLIGENCE AS A FACTOR IN CRIMINALITY LEVEL OF AWARENESS (TOPOGRAPHICAL MODEL BY

Basic Instincts FIXATED PERSON

c. PHOBIA HANS EYSENK’S PERSONALITY TRAIT

a. Social Disorganization Theory - introduced by David Matza and Gresham Sykes.

- maintain that everyone has the potential to become

1. PRIMARY VICTIMIZATION – personal victimization 3. According to the stages in the commission:

2. Complex crime proper (delito complejo) 6. According to the type of offender:

5. According to gravity: a. White Collar Crimes – crimes committed by

5. According to the use of mental faculties:

5. It is uniform in application. TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

THE DIFFERENT NOMENCLATURES GIVEN TO THE

1. LAW ENFORCEMENT NATIONAL IN SCOPE

FIRST PILLAR: LAW ENFORCEMENT I. LAW ENFORCEMENT

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY If the investigating prosecutor recommends

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THIRD PILLAR: COURT 1. SUPREME COURT (SC)

PURPOSES/OBJECTVES OF MODERN CORRECTIONS: 3. COMMENSURATE - penalty must be proportional to

4. DAVAO PENAL COLONY 2. Sentenced Prisoners – prisoners who convicted by

PROCEDURE FOR AMICABLE SETTLEMENT

Any individual who has a cause of action against

COMPLAINANT – the person who filed the complaint

CAUSE OF ACTION – an act or omission of one

MEDIATION OR CONCILIATION – the process

 The Chairman shall meet with the respondent and

 The Pangkat shall arrive at a settlement of the

 The Pangkat shall arrive at a settlement of the

 All amicable settlement shall be in writing.

IMPORTANCE OF RESORTING TO AMICABLE

Disputes that fall under the jurisdiction of the

MORALITY PROFESSIONAL ETHICS

RIGHT PART TWO - THE PHILIPPINE NATIONAL

INCOMPETENCY I know that I alone am responsible for my own

POLICE DISCRETION CANONS OF POLICE ETHICS

THREE TYPES OF DELIQUENCY

EMOTIONALLY MALADJUSTED DELINQUENTS

1. LEGITIMATE- children conceived or born during the

VOLUNTARILY-COMMITTED CHILD WHO MAY ADOPT?

WHO MAY BE ADOPTED? IMPORTANT PROVISIONS OF RA 7610

GROUNDS FOR RESCISSION OF ADOPTION PHYSICAL INJURY

FORCED LABOR AND SLAVERY IMPORTANT PROVISIONS OF RA 9262

DELINQUENCY PROCEEDING - Court action to JUDGMENT - Any official decision or finding of a

RULE OF SIXTEEN – (US) - Federal and state laws

STANFORD v. KENTUCKY (1989) - Case in which it

STATUS OFFENSE - An activity illegal when

STEPPARENT - A spouse of a biological parent who

SURROGATE PARENT - A parent who provided an

TENDER YEARS DOCTRINE - Legal doctrine that

TERMINATION HEARINGS - Process for legally

UNFIT PARENT - A temporary or permanent

Views in Human Behavior

Two Basic Types of Behavior