INTRO TO CRIM.
Cirilo Tradio- body of knowledge regarding
Etymology of Criminology
Criminology- study of crime. Derived from Latin Crimen
means accusation. Transliterated Greek Logia which has
come to denot the Study of.
- study of crime and criminals, especially their
behavior; scientific study and investigation of
crime and criminals.
Raffaele Garofalo- coined term criminology
Paul Topinard- used criminology first time
French(criminologie)
- introduces term criminologish in english
language
Development of Criminology
Beginning of 18th Century/ Era of Classical Criminology
- first distinguished crime from sin. They made
explanations of criminal behavior that were not theological.
- primarily concerned with the ending brutality and
inequality against criminals by enforcing limitations on
government power.
- criminology behavior was product of offender’s rational
choice and crime could be prevented through speedy and
certain application of penalties that attached painful and
unattractive consequence to such behavior.
Beginning of 19th Century/ Modern Criminology
- criminology is a sub speciality w/in the societies and
founded criminology journals.
- criminologist conducted empirical test of their theories
rather than relying on population and consequently
developed a wide range of theories.
- why crime occurred.
Second half of 20th Century/ Independent Criminology
-Criminology began to assert from the traditional
discipline that spawned it.
- A numbers of university developed graduate programs
in Criminology
- tend/seek to understand crime itself rather than study
of crime as one aspect of an overall sociological or
psychological theory.
- Contemporary scholars believe that criminal
motivation is the product of one or more complex set of
factors.
Theories considered in one of the three categories:
1. Theories attributing criminal behavior to biological or
congenital defects of the offender
2. Theories relating crime to psychological factors or mental
disorder, and
3. Theories relating crime to environment or social factors.
Criminology Definition
 Edwin Sutherland- Criminology is the body of
knowledge regarding social problem of crime.
- criminology is science regarding crime
delinquency as social phenomenon.
- Dean of Modern Criminology
 Prof.
crimes as social phenomenon.
Scope of Criminology covers: Making laws,
Breaking of laws, reaction towards breaking of laws.
- scientific of crime as an individual and social
phenomenon
- Criminology is an interdisciplinary field of behavioral
sciences
 Marvin Wolfgang and Franco Ferracuti- Criminology
is the scientific study of crime, criminals, and criminal
in behavior
- Criminology scientifically study: NPEC
 Nature and Extent of Crime
 Patterns of Criminality
 Explanations on the causes of crime and
criminals behavior
 The control of crime and criminal behavior
 Gennaro F Vito and Ronald Holmes- Criminology is
the study og causes of crime.
 Elliot- Crim. As scientific study of crime and its
treatment.
- emphasizing the scientific investigation into the
nature and etiology of crime
 D.R. Taft- Crim. Includes all the subj. Matter
necessary to understanding and prevention of crime
together with punishment and treatment of delinquents and
criminals.
- Crim. Is concerned not with the offenses
committed by adults only but also deal with juvenile
offenses.
 Gregg Barak- Criminology is an interdisciplinary study
of various body of knowledge, which focuses on the
etiology of crime, behavior of criminals, policies and
practices of crime content.
 Webster Dictionary- Criminology as the scientific
study of crime as social phenomenon, or of criminals and
their mental traits, habits or discipline.
 European Society of Criminology- Criminology as
scholarly, scientific, and professional knowledge
concerning the explanation , prevention, control and
treatment of Criminal delinquency, offenders and victim.
Definition of Terms
1. Applied Criminology- art of creating typologies,
classifications….
2. Theoretical Criminology- subfield of general
criminology most often found in universities and colleges.
3. Constitutional Approach- approach to explaining
criminal behavior is influenced by structure or physical
characteristics of persons body.
4. Criminologist- who studies criminology. Term recorded
from 1857. who trained in field of criminology.
and
5. Criminalist- who reconstruct crime scene or works with
crime scene evidence for forensic purposes.
6. Dualistic Fallacy- assumption that there is distinct
difference between 2 groups: criminals and noncriminals.
7. Criminality- behavioral predisposition
disproportionately favors criminal activity
8. Criminal Justice- scientific study of crime, criminal law
and components of criminal justice system.
9. Criminal Justice System- agencies of justice whose goal
is to apprehend, convict, punish, and rehabilitate law
violators.
10. Experimental Criminology- form of contemporary
criminology that makes use of rigorous social scientific
techniques.
Goals of Studying criminology- to describe, understand,
predict, and control criminal behavior.
Nature of Criminology
1. Applied Science- in study of causes of crimes,
anthropology, psychology and other natural science. In
crime detection-chemistry, medicine, physics may be
utilized.
2. Social Science- social creation that exists in a society
being as a social phenomenon.
3. Dynamic- criminology changes as social condition
changes. It is concomitant with advancement of other
science that has been applied.
4. Nationalistic- study of crime must be in relation to
existing criminal law w/in territory or country.
Principal Divisions of Criminology by Edwin Sutherland
1. Sociology of Law(Making of Law)- attempts to offer
scientific analysis of conditions under which criminal laws
are developed as process of formal social control.
2. Criminal Etiology(Breaking of law)- attempts to provide
analysis of causes of crime.
3. Penology(Reacting toward the breaking of law)-
concerned with control and prevention crime and treatment
of youth offenders
Components of Criminology by Clarence Ray Jeffery-
Detection, treatment and explanation of crime and
criminal behavior
Theory- an explanation, attempt to relate two or more
variables. Can be either incorrect or at least questioned.
- series of interrelated propositions that attempt to
describe, explain, predict and control class of events.
Attributes of Theory
1. Theory Construction- something known with something
unknown
2. Theory Building- efforts to come up with formal,
systematic, logical and mathematical ways.
3. Theoretical Integration- efforts to come up with grand
4. Theoretical Specification- efforts to figure out details of
theory, how variables work together
5. Theoretical Elaboration- efforts to figure out implications
of theory
6. Variables- building blocks of theories; things that vary
7. Hypothesis- explanation that accounts for a set of facts
Eras of Criminological Theory
First Era: Golden Age of Research- data were largely
that gathered and evaluated independent of any particular
ideational framework
Second Era: Golden Age of Theory- intellectual
theorizing dominated the scene. No systematic attempt to
link criminological research to theory.
Third Era: Age of Extensive Theory Testing- testing
dominant theories using largely empirical methods.
Scientific examination of criminological theories that had
been previously advanced.
Explaining Scope of Theory
1. General Theory- attempts to explain all form of criminal
conduct through single overarching approach.
2. Unicasual Theory- posits only one source
3. Integrated Theory- provides explanatory perspective
that merges concepts drawn from diff. Sources. Contrast to
General Theory.
Crime- an act or omission punishable by law
Types/Categories of Crime
1. Felony- act punishable by revised penal code of Phil.
2. Offense- act punishable by special penal law
3. Misdemeanor/ Delinquency- violation of simple rules
and rugalations.
Elements of Crime- Intent, Freedom, Intelligence
Victimology- scientific study of victimization including
relationship between victims and offenders and interaction
between victim and cjs.
- meaning rooted in idea of sacrifice or
scapegoat(the execution or casting out of a person/animal
to satisfy a deity)
Mendelson, Von Hentig, and Wolfgang- defines victims
as hapless dupes who instigated their own victimization
Feminists- victims as anyone caught up in an asymmetric
relationship
Asymmetry- unbalanced, exploitative, parasitical
Victims- any person who experiences injury, loss/ hardship
due to any cause.
- who suffered injury and harm by forces beyond his
or her control.
Crime Victim- who suffered injury or loss due to illegal
activity.
- suffered as a result of commission of crime
Benjamin Mendelson- father of Victimology. Coined term
1940.
- interviewed victims to obtain info
- coined victimal(the victim counterpart of criminal
and word)
Von Hentig- studied victims of homicide and formed type
of victim.
 Victims became the forgotten process of CJS while
criminal is the celebrity.
 Victim only valued for their capacity to report crimes and
appear in court and witnesses.
 New Victimologists study the behavior and vulnerabilities
of victims
Typologies of Criminal Victim
General Classes by Hans Von Hentig
 Young- weak by virtue and immaturity
 Female- less physically powerful and easily dominated
by men
 Old- incapable of physical defense
 Mentally Defective- unable to think clearly
 Immigrant- unsure of rules.
 Minorities- unequal treatment by agency/ justice
Psychological Types
 Depressed- submissive person by virtue of emotional
condition
 Greedy- want more than what is sufficient
 Old- incapable of Physical defense
 Wanton/ Overly Sensual- wanting affection
 Heartbroken- disturbed by virtue of heartaches/pain
 Tormented- who asked for it, often from friends/ family
Other type by Mendelson
 Complete Innocent Victims- an ideal form of popular
perception in this category
 Victims w/ only minor guilt and those victimize due
to ignorance
 Victim who is Guiltier than the Offender- containing
person who provoked criminal/ induced victimization
 Most Guilty Victim who is guilt alone- an attacker
killed would be a victim in act of defending themselves
 Imaginary Victim- suffering from mental disorder
Penal Couple- describes the relationship between victim
and criminal
Victimicity- signified opposite of criminality
Loser- initially attacker but later, situation is reversed
Theories and Victimology
1. Luckenbill’s Situated Transaction Model- commonly
found in sociology of deviance textbooks. Interpersonal level,
crime and victimization.
a. Insult b. Clarification c. Retaliation d. Counter
Retaliation e. Presence of Weapon f. Onlooker
2. Benjamin and Master’s Threefold Model- from prison
riots to strain theories.
a. Precipitating Factors- wrong place, wrong time
b. Attracting Factors- choices, options, lifestyles
c. Predisposing Factors- sociodemographic characteristics
3. Lawrence and Marcus Felson’s Routine Activities
Theory- anxious to test theory.
a. Suitable targets- poverty
b. Motivated Offenders
c. Absence of Guardians- few defensible spaces and
absence of private securities
4. Victim Precipitation Theory- people initiate
confrontation that leads to injury
a. Active- use threat/ fighting words
b. Passive- personal conflict
5. Lifestyle Theory- crime is not random occurrence
6. Deviant Place Theory- victim prone bec. Reside in
high-crime areas.
Victim Defense- cases of parricide and homicide of
batterers
Emotional Distress- result of crime of recurring theme for
all victims of crime
PTSD(Post Traumatic Stress Disorder)
Post Crime Distress also linked to pre-existing emotional
problems and socio-demoraphic variables. Leading cause
of elderly to be more adversely affected.
Models of Victimization
1. Victim of Crime Model (Man-made cause)- homicide,
rape and others.
Stages:
a. Stage of Impact and Disorganization-
depicts attitude or activity of a victim
b. Stage of Recoil- during w/c the victims
formulates psychological defenses and
deals w/ conflicting emotions of guilt, anger,
acceptance and desire of revenge(last 3 to 8
mos.)
c. Reorganization Stage- occurs during w/c the
victim put his/her life back to normal daily
living
2. Victim of Disaster Model (Natural Cause)- applicable
to victims of natural causes like earthquakes, flood,
volcanic eruption, etc.
Stages:
a. Pre-impact Stage- state of victim prior to
being victimized
b. Impact Stage- the phase in w/c victimization
occurs.
c. Post-Impact Stage- entails the degree and
duration of the personal and social disorganization ff.
Victimization.
d. Behavioral Outcome- describes victim’s
adjustment to the victimization experience
Kinds of Crime Victim
1. Direct or Primarily Crime Victim- victim directly suffers
the harm or injury which is physical, psychological and
economic losses.
2. Indirect or Secondary Crime Victim- ex. Rape victim
or children of battered woman
3. Tertiary Crime Victim- who experience harm vicariously
such as through media accounts.
Etiology- refers to cause, set of causes, manner of
causation od disease/ condition, investigation or attribution
of the cause or reason for something
Etiology on Crime
Etiology- analyzes and studies causal links between
circumstances and diff. Factors of criminality.
- studies and research of causes and circumstances
that deal w/ all criminal behavior and other phenomena in
society.
Criminal Etiology- division of criminology w/ attempts to
provide scientific analysis on the causes of crime.
Causes of Crime- factors or circumstances that apply
significantly more to offenders than to non-offenders and
potentially a direct but not necessarily immediate link to
crime.
POLSCI
Power of the Gov’t
Eminent Domain, Power of taxation, Police Power
3 Branches of Gov’t
Executive- implementing of law, President
Legislative- making of law, Senator and Congressman
Judiciary- interpret law, Chief Justice
Politics and Political Science is interchangeable
Politics- actual participation of a population in the activities
of affairs of state
-shaping or sharing of power
Science- unique, SCIRE means to know
Science of Politics- basic knowledge and unerstanding of
state and principles of ideas, concerned w/ association of
human beings into body politic
Political Theory- political vies and thoughts relating to state
Public Law- study of gov’t power, duties, its organization
and limits of authority
Political Science- study of politics
- deals with aspects of individual in society relate to
activities and org. Devoted seeking of power
- study of sharing/ shaping of power
- systematic study of state and gov’t
J.W. Garner- politics begins and end with the state
-State is a community of persons, more/less
Polis- state, city or sovereign state
Four Essential elements of State
1. People- no state w/out population. No limit. Less than
1000
2. Territory- geographical surface of earth w/c state is
located
3. Sovereignty- distinctive mark of statehood. Supreme
power.
4. Government- absence will cause chaos. The agent of
state through w/c the will of state is translated into action
 Natural Theory- every city exists by nature and man is by
nature a political animal. Men interact w/ their common
needs
 Divine Theory- God/ god established the state and
appointed someone to rule over it.
 Force Theory- state is created by conquest, force or
coercion
 Social Contract Theory- state formed by deliberate and
voluntary agreement among people.
Stages in study of Political Science
 Religious Stage- the gov’t, leaders and laws was
considered as divinely inspires
 Metaphysical Stage- state was concerned as human
institution
 Modern Stage- state was capable of being improved by
rulers and subj. According to certain principle of laws
Niccolo Machiavelli- father of political science
Prof. Francis Lieber- father of modern political science
State- group of persons permanently occupying a definite
proportion of territory possessing a gov’t to w/c great of
inhabitants render habitual obedience
- legal or juristic concept
Nation- ethnic or racial concept
Nasci- to be born indicates a relation of birth origin and
implies common race
Citizenship- legal can be changed
Nationality- ethnic or racial-absolute, innate
Duties of State
 Peace and order
 Political Harmony
 Social Justice
 Economic Development
Models and characteristics of various forms of Gov’t
Monarchy, Aristocracy, Political Regime, Democracy
vs Authoritarianism
Monarchy- state w/c supreme power is actually lodged in a
monarch. Held by a single person. Hereditary.
- political system based upon the undivided
sovereignty / rule of single person.
- supreme authority is vested on a a monarch, an
individual ruler who functions as the head of state and
achieved his/her position through hereditary. Must allow only
male succession
- coined term 20th century by Norbert Elias, German
sociologists
Absolute Monarch
Limited Monarch
King- feminine queen, a supreme power, sovereign over a
nation or territory, of higher rank than any other secular ruler
except an emperor to whom king may be subject
- often stood as mediator between his people and their
god, or as in ancient Sumer, the god’s representative
Kingship- a worldwide phenomenon can be elective, usually
hereditary and takes the form of a monarchy. Maybe absolute
or constitutional
Functions of Monarchy
 Consists of distinct but interdependent institutions- a
gov’t and a state administration
 And a court and a variety of ceremonies on the
other provide for social life of the members of dynasty ,
friend and elite
 Entails not only political administrative organization
but also a court society
Pre Modern Monarchy- european monarchies underwent a
process of evolution and transformation
Theocratic Kingship- leading kings assume their
status as God’s representatives on earth
Renaissance- newly adapt type of monarch in Europe,
initiating voyages of discoveries to other continents,
developing new form of mercantile trade, building armies
and large gov’t bureaucaries that represented forms of
political administrative.
Aristocracy- high class in certain agencies
- power is helb by nobility
- high-level technocrats make up large part of technical
aristocracy
- conceived by Plato. Means the rule of the few best
Political Regime- institution w/ clear, substantive and
geographical limits bounded by explicit rules, agreed on
gov.t
Democracy- rule by people. Derived from Greek demokratia
coined from demos(people) and kratos(rule) in middle 5 th
century to denote political systems
Authoritarianism- principle of blind submission to authority
- denotes any political system that concentrates power
in the hands of leader/small elite that is not constitutionally
responsible
Constitution- body of rules and maxims in accordance w/
w/c the powers of sovereignty are habitually exercised
- social contract(Marcos V. Manglapus)
Purpose of Constitution
- to prescribe the permanent framework of a system of gov’t
to assign to the several dept. Their respective powers and
duties and establish certain 1st principles on w/c gov’t is
founded
Constitution as Municipal Law- binding only w/in the
territorial limits of sovereignty pomulgating the constitution
1987 Constitution- 4th fundamental law to govern the
Philippines since it became independent on July 4, 1946
Background of 1987 Constitution
1. Proclamation of Freedom Constitution
Proclamation February 25, 1986, announcing
Corazon and VP Laurel were assuming power
Executive Order No.1(Feb 28, 1986)
2. Adoption of the Constitution
3. Effectivity (February 2, 1987)
Judicial Review- power of /the courts to test the validity of
governmental acts in light of their conformity with higher
form
Preamble- source of obligation. Means ‘to walk before’
Preambulus- ‘walking in front’
State- element of people, gov’t, sovereignty, territory
- more/less numerous
PRINCIPLES AND POLICIES
 ART. II – DECLARATION OF
PRINCIPLES AND STATE POLICIES
 Principles [sec.1-6]:
Binding rules which must be observed in the conduct of
government [BERNAS]
The Philippines is a democratic and republican state [Sec.
1] 

Renunciation of war [Sec. 2] Only refers to wars of
aggression, not defensive war 
 Adoption of
generally-accepted principles of 
 international law [Sec. 2]
Adherence to a policy of peace, freedom, and amity 
 with all
nations [Sec. 2]
Civilian supremacy [Sec. 3] Civilian authority (Section 3,
Article II) is not defeated in a joint task force between the PNP
and Marines for the enforcement of law and order in Metro
Manila as long as control is left to the PNP. [IBP v. Zamora
(2000)]
(6) Role of the armed forces [Sec. 3]

(a) Protector of the people and the State

(b) Secure the sovereignty of the State and the 
 integrity of
the national territory
Compulsory military and civil service [Sec. 4] 
 Under
conditions provided by law
Maintenance of peace and order, promotion of general 

welfare [Sec. 5]
Recognition of a hierarchy of rights [BERNAS] 

(a) Life
 (b) Liberty
 (c) Property
Separation of Church and State [Sec. 6]
Policies [sec. 7-28]: Guidelines for the orientation of the
state [BERNAS]
Independent foreign policy [Sec. 7]
Freedom from nuclear weapons [Sec. 8]
Promote a just and dynamic social order [Sec.9]
Promote social justice in all phases of national 

development [Sec. 10]
Personal dignity and human rights [Sec. 11]
Family as basic social institution [Sec. 12]
Vital role of youth in nation-building [Sec. 13]
Role of women in nation-building [Sec. 14]
Fundamental equality before the law of women and 
 men
[Sec. 14]
Right to health [Sec.15]
Right to a balanced and healthful ecology [Sec.16, 

Oposa v. Factoran]
Priority to education, science and technology, arts, 

culture, and sports [Sec. 17]
Labor as a primary social economic force[Sec.18]
Self-reliant and independent national economy 
 [Sec.19]
Role of private sector[Sec.20] 

Comprehensive rural development and agrarian 
 reform
[Sec. 21]
Recognition and promotion of rights of indigenous 

cultural communities [Sec. 22]
 Community-based, sectoral organizations [Sec.23]
Role of communication and information in nation- 

building [Sec.24]
Autonomy of local governments [Sec. 25]
Equal access for public service and prohibition of 

political dynasties [Sec. 26]
Honesty and integrity in public service [Sec. 27]
Policy of full public disclosure [Sec. 28]
Forms of Government
“Government of the Philippines” is defined as:
 the
corporate governmental entity through which the functions of
government are exercised throughout the Philippines,
including the various arms through which political
authority is made effective in the Philippines, whether
pertaining to:
 May 11, 1956- w/ 40 men, Tomas and Filemon took formal
(a) the autonomous regions,
 (b) the provincial, city,
municipal, or barangay subdivisions, or (c) other forms of
local government. [Sec. 2(1), Administrative Code]
Article 1- project idea that the Phil. is an archipelago
Archipelago- Pelagos means ‘sea’
- sea part or part of sea studded w/ islands, often
synonymous w/ all group of island
How to determine our territorial boundaries
1. The 12 Mile Rule
2. The Archipelago Principle- archipelago shall be regarded
as single unit
Enclosing main archipelago only: Scarborough Shoal and
KIG as Regime of Islands
Three Domains of Territory of State
1. Territory- land mass w/c integrate/ dismembered/ partly
bound by water consist of one island can be composed of
several islands like Philippines
2. Aerial Domain- air space above the land and water of
State
res communes- rules governing high seas apply to
outer space
States have the right to launch satellites over
territorial space of other space under customary
international law
Outer Space Treaty- forms the basis of international
space low
Vertical limit of territory of State
Karman Line- lies at an altitude of 100 km above the
earth’s sea level and commonly used to define the boundary
between earth’s atmosphere and outer space
3. Fluvial Domain-
a) Internal Waters- all bodies of water located inside
the base line of territory
b) Territorial Sea- out to 12 nautical miles from
baseline, costal state is free to set laws
c) Exclusive Economic Zone(EEZ)- extend to 200
nautical miles from baseline. Introduce to halt the
increasingly heated clushes
d) Sea Bed- land that holds the sea. Lying beyond the
sea shore including mineral and natural sources.
e) Subsoil- everything beneath the surface soil and
sea bed
f) Insular shelves
g) Other submarine areas
The Claim Over Sabbah
Historical Basis- sultanate of sulu granted territory as a prize
for helping sultan of Brunei against his enemies
Legal Claim Basis- lease agreement
Tomas Cloma- found several uninhabited and unoccupied
group of island
possession of island.
res nullius- spratly group of island does not belong to any
state
Innocent Passage- vessels has the right through any
territorial waters. Convention as passing through waters in an
expeditious and continuous manner.
Article 2 Declaration of Principles and Policies of the State
Republican Government is a democratic government by
representatives chosen by the people at large. Essence of a
republican state is indirect rule.
Sovereignty- implies the supreme authority inherent in the
State by which it is governed.
Exercised indirectly through public officials. - The people,
however, do not govern themselves directly. Sovereignty (i.e.,
making laws, enforcing the same and deciding cases
involving life, liberty, and property. (Art. XI, Sec. 1.) Their acts,
if within the scope of their delegated powers, are, in effect, the
acts of the people.
Exercise directly though suffrage. - actual sovereignty is
exercised by the people through the electoral process. The
popular will is best expressed when electoral processes are
free, clean and honest, on the basis of universal suffrage (i.e.,
not granted by status or property) and through secret vote.
International law - refers to the body of rules and principles
which governs the relations of nations and their respective
peoples in their intercourse with one another.
The doctrine of incorporation
1. When international usage to be applied- given effect by our
courts in the absence of any treaty, executive order,
legislative act, or judicial decision.
2. A treaty has force of a statute- The Constitution gives a
treaty the same weight and value as a statute of Congress
3. Constitution prevails over a treaty- the 1935 Constitution
was changed to “law of the land” in the 1973 Constitution in
order to avoid any conjecture that the generally accepted
principles of international law are incorporated into the
Philippine law with the force of constitutional provisions.
Article III Bill of Rights
Bill of rights may defined as a declaration and enumeration
of a person’s rights and privileges which the Constitution is
designed to protect against violations by the government, or
by an individual or groups of individuals.
Classes of rights
1. Natural rights- rights possessed by every citizen without
being granted by the State for they are given to man by God
as a human being created to His image so that he may live a
happy life. Example: right to life, liability, property, and love
2. Constitutional rights- rights which are conferred a n d p r
o t e c t e d b y t h e Constitution. Since part of fundamental
law, cannot be modified or taken away by the law-making
body.
3. Statutory rights- provided by laws promulgated by the
lawm a k i n g b o d y a n d , consequently, may be abolished
by the same body.
Universal Declaration of Human Rights- as the foundation
of all international human rights laws
Classification of constitutional rights
Political rights
Civil rights
Social economic rights
Right of the accused
Regulation of evidence collection
Protection from unjustified restraint
Inalienable rights
Right to privacy
Sec. 1- Guarantee of Due Process, General guarantee of
equality
Due Process- Under the Constitution, person may be
deprived by the State of his life, liberty, or property provided
due process of law is observed. Deprivation of life, liberty, or
property by the State is with due process if it done.
Due process of law has, therefore, a two-fold aspect,
namely: 1.Procedural due process- “which hears before it
condemns, which proceeds upon inquiry, and renders
judgment only after trials.” An indispensable requisite of
this aspect of due process is the requirement of notice and
hearing.
2. Substantive due process- requires that the law itself, not
merely the procedures by which the law would be enforced,
is fair, reasonable, and just. In other words, no person shall
be deprived of his life, liberty, or property for arbitrary
reasons or on flimsy grounds.
Persons protected- “person” in the above constitutional
provision embraces all persons within the territorial
jurisdiction of the Philippines, without regard to any
difference of race, color or nationality, including aliens.
Life- as protected by due process of law, means something
more than mere animal existence. The prohibition against its
deprivation without due process extends to all the limbs and
faculties by which life is enjoyed.
Liberty- a protected by due process of law, denotes not
merely freedom from p h y s i c a l r e s t r a i n t ( e . g . ,
imprisonment). It also embraces the right of man to use his
faculties with which he has been endowed by his Creator
subject only to the limitation that he does not violate the law
or the rights of other.
Property- as protected by due process of law, may refer to
the thing itself or to the right over a thing. It includes the
right to own, use, transmit and even to destroy, subject to the
right of the State and of other persons.
What constitute deprivation
1. Deprivation of life
2. Deprivation of liberty
3. Deprivation of property
Sec. 2- Regulation of evidence collection, Protection from
unjustified restraint, Right to privacy
Search warrant is an order in writing, issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for certain
personal property and bring it before the court.
Warrant of arrest- written order to arrest a person
designated, i.e., to take him into custody in order that he may
bound to answer for the commission of an offense.
Scope of the protection
1. Persons 2. Houses 3. Paper and effect
Sec. 3- Inalienable rights, Right to privacy
Sec. 4- Freedom of assembly, of expression, of press, Right
of petition
Sec. 5- Equality and Freedom of religion, and Official religion
Sec. 6- Freedom of movement
Sec. 7- Freedom of information
Sec. 8- Freedom of association, Rights to join trade unions
Sec. 9- Protection from expropriation
Sec. 10- No law impairing the obligation of contracts shall be
passed.
Sec. 11- Right to counsel
Sec. 12- Regulation of evidence collection, Protection from
self-incrimination, Right to counsel, Prohibition of torture,
Protection of victim’s rights
Sec. 13- Regulation of evidence collection, Protection from
unjustified restraint, Right to pretrial release
Sec. 14- Regulation of evidence collection, Guarantee of
due process, Right to examine evidence/witness, Right to
fair trial, Presumption of innocence in trials, Right to public
trial, Right to speedy trial
Sec. 15- Protection from unjustified restraint
Sec. 16- Right to speedy trial
Sec. 17- Protection from selfincrimination
Sec. 18- Prohibition of slavery
Sec. 19- Prohibition of cruel treatment Prohibition of capital
punishment
Sec. 20- Rights of debtors
Sec. 21- Prohibition of double jeopardy
Sec. 22- Protection from ex post facto laws
PURPOSIVE COMMUNICATION 2. Lack of knowledge of other culture
4 Purpose 3. Discrimination and harassment
- Explain, Inform, Persuade, Entertain 4. Language difference

Forms of Communication How to fight Barriers

 Intrapersonal 1. Review Communication Principles- 7C’s
 Interpersonal 2. Analyze the message receiver
 Mass Communication 3. Open or accepting other culture
 Small group of Communication 4. Learn about culture
5. Consider Language needs
Ethics in Communication
Ethics- Ethos means ’characteristic way of acting’ Intercultural Communication- interaction by peoplew/ from
diverse cultural
- deals w/ value relating to human, rightness of an act
- science of the morality of human acts
Forms
- branch of Philosophy that focuses on the issues of
right and wrong in human affairs 1. Interracial Communication- interaction from people
from diff. races
2. Inter-ethnic “”- diff. Ethnic origins
Communication- impairing/ exchanging of information
3. International “”- between representatives from diff.
- act of transferring information from one place, nation
person or group to another
4. Intracultural “”- interacting w/ members of the same
- involves one sender, message and recipient racial ethnic group

3 Basic Principles of Ethical Communication Communication

 Avoid intentional deception High Context- tradition link communication system
 Avoid communication that harm others Low Context- works on straight forward communication,
 Avoid treating members unfairly short term

Ethics Trap 8 Domains

- Necessity, end justifies that means, self-deception, Local everyday written and oral
relatives Local specialized written and oral
Global everyday written and oral
Ethical Communicator Global specialized written and oral
 Respect audience
 Consider the result of communication
 Value Truth
 Use information correctly
 Don not falsify information

Moral Principles
- Utilitarian, Deontology, Virtue

Basic categories of Communication

Verbal Communication- use of sound and words to
express yourself or to communicate specially in contrast
of gestures/ mannerism

Non-Verbal Communication- includes pitch, speed,

tone, and volume of gestures and facial expression,
body posture

Barriers
1. Cultural Relativism- ethnocentrism