SOCIOLOGY OF CRIMES AND ETHICS

CRIM. 1: Introduction to Criminology and Psychology of Crimes

CRIMINOLOGY

 according to Edwin H. Sutherland, “criminology is the entire body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making of laws, of breaking of laws, and the society’s
reaction towards the breaking of laws.”

 a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them.

 the scientific study of the causes of crime in relation to man and society who set and define rules and
regulations for himself and others to govern

Criminologist (R.A. 6506)

 any person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists
and is registered as such by the Board of Examiners of the Professional Regulation Commission (PRC).

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and Greek word
“Logos” which means “to study”.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1889, Paul Topinard, French Anthropologist, used the term criminology in French criminologie for the first
time

Principal Divisions of Criminology

1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior.

2. Sociology of Law – refers to the investigation of the nature of criminal law and its administration

3. Penology – the study of the control of crimes and the rehabilitation of offender

Is criminology a science?

According to George Wilker, criminology cannot become a science because it has not yet acquired universal validity.
Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it will become a science in the future since the causes
of crimes are almost the same which may be biological, environmental or combination of the two.

Nature of Criminology

1. It is applied science because criminology as a body of knowledge has already established universally accepted
principles and concepts and these are used by other field of study. (INSTRUMENTATION)

2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem which has a
great impact to society.

3. It is dynamic because the concepts of criminology and their applications adapt to the changing time.

4. It is nationalistic because the study of criminology takes into consideration the history, the culture and the social
norms and the laws of the country. Each country has its own set of laws and crimes are defined by the laws of
the country.
Scope in the Study of Criminology

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminals

3. Study of the other sciences that examine criminal behavior using scientific methods such as:

criminal demography – the study of the relationship between criminality and population

criminal epidemiology – the study of the relationship between environment and criminality

criminal ecology – the study of criminality in relation to the spatial distribution in a community

criminal physical anthropology – the study of criminality in relation to physical constitution of men

criminal psychology – the study of human behavior in relation to criminality

criminal psychiatry – the study of human mind in relation to criminality

victimology – the study of the role of the victim in the commission of a crime

SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of beliefs or ideas that support a specific theory.

Theory – set of statements devised to explain behavior, events or phenomenon, especially one that has been repeatedly
tested and widely accepted.

1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact that he was possessed
by demons.

2. CLASSICAL SCHOOL OF CRIMINOLOGY

The classical school of criminology grew out of a reaction against the barbaric system of law, punishment and justice
that existed. There was no real system of criminal justice in 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.

This school of thought is based on the assumption that individuals choose to commit crimes after weighing the
consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or
illegal means to get what they want; fear of punishment can deter them from committing crime and society can control
behavior by making the pain of punishment greater than the pleasure of the criminal gains.

This theory, however, does not give any distinction between an adult and a minor or a mentally-handicapped in
as far as free will is concerned. Founders of classical school of criminology are Cesare Beccaria and Jeremy Bentham.

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

 best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of torture as
legitimate means of extracting confession.

 His book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for
subsequent changes in criminal legislation

 his book was influential in the reforms of penal code in France, Russia, Prussia and it influenced the first ten
amendments to the US Constitution
Beccaria believed that:

a. people want to achieve pleasure and avoid pain.

b. Crime provides some pleasure to the criminal.

c. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the
pleasure obtain from crime.

d. Famous in sayings “Let the punishment fit the crime”

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL JUSTICE SYSTEM

1. In forming a human society, men and women sacrifice a portion of their liberty so as to enjoy peace and
security.

2. Punishments that go beyond the need of preserving the public safety are in their nature unjust.

3. Criminal laws must be clear and certain. Judges must make uniform judgments in similar crimes.

4. The law must specify the degree of evidence that will justify the detention of an accused offender prior to his
trial.

5. Accusations must be public. False accusations should be severely punished.

6. To torture accused offenders to obtain a confession is inadmissible.

7. The promptitude of punishment is one of the most effective curbs on crime.

8. The aim of punishment can only be to prevent the criminal from committing new crimes against his countrymen,
and to keep others from doing likewise. Punishments, therefore, and the method of inflicting them, should be
chosen in due proportion to the crime, so as to make the most lasting impression on the minds of men…

9. Capital punishment is inefficacious and its place should be substituted life imprisonment.

10. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation.

Jeremy Bentham (1748-1832)

 his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus.

 proposed “Utilitarian Hedonism” which explains that person always acts in such a way to seek pleasure and
avoid pain.

 founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance with their
likelihood of bringing pleasure and pain

 devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are human
calculators who put all the factors into an equation in order to decide whether a particular crime is worth
committing or not

 he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater
than the satisfaction, or pleasure, he would gain from committing the crime
Utilitarianism

– is a philosophy which argues that what is right is the one that would cause the greatest good for the greatest number
of people.

 others refer to it as the greatest happiness principle or the principle of utility.

 from this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the
consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the
action.

3. NEOCLASSICAL CRIMINOLOGY

This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime
is committed due to some compelling reasons that prevail. These causes are pathology, incompetence, insanity or any
condition that will make it impossible for the individual to exercise free will entirely. In the study of legal provisions, this
is termed as either mitigating or exempting circumstances.

4. POSITIVIST SCHOOL OF CRIMINOLOGY

 The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts.

 Positivists believe that causes of behavior can be measured and observed.

 It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific
approach.

 Positive theorists were the first to claim the importance of looking at individual difference among
criminals. These theorists who concentrated on the individual structures of a person, stated that people are
passive and controlled, whose behaviors are imposed upon them by biological and environmental factors.

August Comte

- was a French philosopher and sociologist and is believed to be the one who reinvented the French term sociologie.

- he was recognized as the “Father of Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY

1. Cesare Lombroso

2. Enricco Ferri

3. Raffaelle Garofalo
Cesare Lombroso

- recognized as the “Father of Modern and Empirical Criminology” due to his application of modern scientific methods to
trace criminal behavior, however, most of his ideas are now discredited

- known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of development).

- he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata and
crimes committed by those who are born with certain recognizable heredity traits.

- according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of
criminals is often greater than their height, just like that of apes who use their forearms to push themselves along the
ground.

- other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the
jaw and cheekbones, eye defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves,
or aquiline or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal’s
toes

- Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person

 according to him, there are three (3) classes of criminals:

a. born criminals – individuals with at least five (5) atavistic stigmata

b. insane criminals – those who became criminals because of some brain defect which affected their ability to
understand and differentiate what is right from what is wrong.

c. criminaloids - those with makeup of an ambiguous group that includes habitual criminals, criminals by passion
and other diverse types

Enricco Ferri

 he focused his study on the influences of psychological factors and sociological factors such as economics, on
crimes.

 He believed that criminals could not be held morally responsible because they did not choose to commit crimes,
but rather were driven to commit crimes by conditions in their lives.

Raffaelle Garofallo

 He treated the roots of the criminals’ behavior not to physical features but to their psychology equivalent, which
he referred to as moral anomalies.

 He rejected the doctrine of freewill.

 Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminals.
THEORIES OF CRIME CAUSATION

1. BIOLOGICAL THEORIES

 this refers to the set of theories that point to physical, physiological and other natural factors as the causes for
the commission of crimes of certain individuals.

 This explanation for the existence of criminal traits associates an individual’s evil disposition to physical
disfigurement or impairment.

a. Physiognomy – the study of facial features and their relation to human behavior.

1. Giambiatista dela Porta

- founder of human physiognomy

- according to him criminal behavior may be predicted based on facial features of the person.

2. Johann Kaspar Lavater

- supported the belief of dela Porta

- he believed that a person’s character is revealed through his facial characteristics.

b. Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull in relation to the
person’s personality and tendencies toward criminal behavior.

1. Franz Joseph Gall

 he developed cranioscopy which was later renamed as phrenology.

2. Johann Kaspar Spurzheim

 assistant of Gall in the study of phrenology.

 he was the man most responsible for popularizing and spreading phrenology to a wide audience

c. Physiology or Somatotype – refers to the study of body build of a person in relation to his temperament and
personality and the type of offense he is most prone to commit.

1. Ernst Kretschmer

 he distinguished three (3) principal types of physiques: asthenic, athletic, pyknik and dysplastic.

a. asthenic – characterized as thin, small and weak.

b. athletic – muscular and strong.

c. pyknic – stout, round and fat.

d. dysplastic – combination of two body types

2. William Herbert Sheldon

formulated his own group of somatotypes: ectomorph, mesomorph and endomorph.

a. ectomorph – tall and thin and less social and more intellectual than the other types.

b. mesomorph – have well-developed muscles and an athletic appearance.

c. endomorph – heavy builds and slow moving.

d. Heredity – the transmission of traits from parents to offspring.

1. Richard Louis Dugdale

 conducted a study of the Jukes family by researching their family tree as far back 200 years. He
discovered that most of the ascendants of the Jukes were criminals.

2. Henry Goddard

 he traced the descendants of the Martin Kallikak from each of his two wives and found a distinct
difference in terms of quality of lives of descendants. He coined the term “moron”.

3. Charles Goring

- he believed that criminal traits can be passed from parents to offspring through the genes.

- he proposed that individuals who possess criminal characteristics should be prohibited from having children.

INTELLIGENCE AS A FACTOR IN CRIMINALITY

The classic studies of the Juke and Kallikak families were among the first to show that feeblemindedness or low-
intelligence can be inherited and transferred from one generation to the next. Numerous test were also conducted that
lead to the development of the use of IQ tests as a testing procedure for offenders. The very first results seemed to
confirm that offenders had low mental abilities and they were found to be mentally impaired.

ALFRED BINET – a French psychologist who developed the first IQ test.

- the test measured the capacity of individual children to perform tasks or solve problems in relation to the
average capacity of their peers.

3. PSYCHOLOGICAL THEORIES

 refers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotion
and mental problems.

a. Sigmund Freud

- he is recognized as the FATHER OF PSYCHOANALYSIS

- known for his psychoanalytic theory

- according to him, criminality is caused by the imbalance of the three (3) components of personality: the id, the ego,
and the superego.

- according to him there are three parts of personality:

1. ID – this stand for instinctual drives; it is governed by the “pleasure principle”; the id impulses are not social and must
be repressed or adapted so that they may become socially acceptable

2. EGO – this is considered to be the sensible and responsible part of an individual’s personality and is governed by the
“reality principle”; it is developed early in life and compensates for the demands of the id by helping the individual guide
his actions to remain within the boundaries of accepted social behavior; it is the objective, rational part of the
personality
3. SUPEREGO – serves as the moral conscience of an individual; it is structured by what values were taught by the
parents, the school and the community, as well as belief in God; it is largely responsible for making a person follow the
moral codes of society

4. SOCIOLOGICAL THEORIES

 sociological factors refer to things, places and people with whom we come in contact with and which play a part
in determining our actions and conduct. These causes may bring about the development of criminal behavior.

a. Emile Durkheim

- he stated that crime is a normal part of the society just like birth and death.

- proposed the concept of “anomie” or the absence of social norms. It is characterized by disorder due to lack of
common values shared by individuals, lack of respect for authority and lack of appreciation for what is acceptable and
not acceptable in a society.

b. Gabriel Tarde

- introduced the theory of imitation which proposes the process by which people become criminals.

- according to this theory, individuals imitate the behavior of other individuals based on the degree of their association
with other individuals and it is inferior or weak who tend to imitate the superior and strong.

c. Adolphe Quetelet and Andre Michael Guerry

- He repudiated the free will doctrine of the classicists

- founder of cartographic school of criminology.

- founder of moral statistics.

- cartographic school of criminology made use of statistical data such as population, age, gender, occupation, religious
affiliations and social economic status and studies their influences and relationship to criminality.

MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION

 environmental factors such as the kind of rearing or family upbringing, quality of teaching in school, influences
of peers and friends, conditions of the neighborhood, and economic and other societal factors are believed to be
contributory to crime and criminal behavior.

1. SOCIAL STRUCTURE THEORIES

 refers not only to the physical features of the communities but also to the way society is organized.

 include such things as level of poverty and unemployment and the amount of crowded housing which are
believed to affect behavior and attitudes of individuals which in turn contribute to their commission of crimes.

 also called social environment

 includes social disorganization theory, strain theory and cultural deviance theory.

a. Social Disorganization Theory

 popularized by Clifford Shaw and Henry McKay.

 according to this theory, crimes in urban areas are more prevalent because residents have impersonal
relationships with each other.
  increase in the number of broken families and single parenthood are also very common in disorganized
communities.

 another feature of disorganized community is poverty as evidenced by poor living conditions such as rundown
houses, unsanitary and unsightly streets and high unemployment rates.

b. Strain Theory

 strain refers the individual’s frustration, anger and resentment.

 holds that crime is a function of the conflict between the goals people have and the means they can use to
legally obtain them. This also argues that the ability to obtain these goals is class dependent; members of the
lower class are unable to achieve these goals which come easily to those belonging to the upper class.
Consequently, they feel anger, frustration and resentment, referred to as STRAIN.

c. Cultural Deviance Theory

 gives emphasis on the concept of culture and sub-culture.

 according to this theory, because people in the lower class feel isolated due to extreme deprivation or poverty,
they tend to create a sub-culture with its own set of rules and values. This is characterized by deviant behavior
which results in criminal behavior among its members.

1. SOCIAL PROCESS THEORY

 refers to a group of theories which point to the individual’s socialization process as the cause for the commission
of crimes. These theories cite interaction with people and experiences and exposure to different element in the
environment as primary factors to criminality.

 under this theory is the social learning theory which in turn has three (3) sub-theories: differential association
theory, differential reinforcement theory and neutralization theory.

a. Differential Association Theory

 formulated by Edwin Sutherland

 this theory states that criminal behavior is learned through socialization.

 criminal behavior is learned in interaction with other persons in a process of communication.

b. Differential Reinforcement Theory

 according to this theory, individual’s behavior depends on how people around him react toward s his behavior.

 an act that is rewarded is repeated; an act that is punished will be avoided.

c. Neutralization Theory

 introduced by David Matza and Gresham Sykes.

 sometimes referred to as “drift theory”

 according to this theory, people know when they are doing something wrong, however, they rationalize and
justify their actions. This rationalizing is what we called “neutralization”.

2. SOCIAL REACTION THEORY

 more commonly called labeling theory.

  it states that people become criminals when significant members of society label them as such and they accept
those labels as a personal identity.

3. SOCIAL CONTROL THEORIES

 maintain that everyone has the potential to become criminal but most people are controlled by their bonds to
society.

 social control refers to the agencies of social control such as family, school, religion or church, government and
laws and other identified authorities in society.

 there are two (2) sub-theories: containment theory and social bond theory.

a. Containment Theory

 proposed by Walter Reckless

 he stated that inner and outer containments help prevent juvenile offending.

 containment means the forces within and outside the individual that has the power to influence his actions.

 inner containments include positive self-concept, tolerance for frustration and an ability to set realistic goals.

 outer containments include family.

b. Social Bond Theory

 propagated by Travis Hirschi

 this theory views crime as a result of individuals with weakened bonds to social institutions.

 according to this theory, there are four (4) elements of social bonds: attachment, commitment, involvement
and belief.

d. attachment – refers to the degree to which an individual care about the opinions of others.

e. commitment – refers to an individual’s investment of energy and emotion in conventional pursuits, such as
getting good grades.

f. involvement – refers to the amount of time an individual spends on a conventional pursuit.

g. belief – refers to acceptance of the norms of conventional society.

CRIMES AND CRIMINALS

CRIME – refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).

 It also refers to an act committed or omitted in violation of a public law forbidding or commanding it (Reyes
2006).

CLASSIFICATION OF CRIMES

LEGAL CLASSIFICATIONS:

1. According to law violated

a. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault)and
punishable under the Revised Penal Code
 b. Offense – an act or omission in violation of a special law

c. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing crime:

a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is called intentional
felonies.

 freedom or voluntariness

 intelligence

 intent

b. By means of culpa or fault

- felonies committed by means of culpa (fault)

- the act or omission of the offender is not malicious and the injury caused by the offender is unintentional, it being the
simply the incident of another act performed without malice

 lack of foresight

 lack of skill

 negligence

 imprudence

3. According to the stages in the commission:

a. Attempted – the crime is attempted when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.

b. Frustrated - when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

c. Consummated - when all the elements necessary for its accomplishment and execution are present

4. According to plurality:

a. Simple Crime – is a single act constituting only one offense.

b. Complex Crime – single act constituting two or more grave felonies or an is a necessary means for committing
the other

Two (2) Kinds of Complex Crime:

1. compound crime (delito compuesto)

2. complex crime proper (delito complejo)

5. According to gravity:

a. Grave felonies - are those to which the law attaches the capital punishment or penalties which in any of their
period are afflictive.

b. Less grave felonies - are those which the law punishes with penalties which in their maximum period are
correctional.
c. Light felonies - are infraction of laws for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos or both is provided.

6. According to the nature of the act:

a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery, etc.

b. Crimes mala prohibita – are acts which are prohibited only because there are laws forbidding such acts.
Examples are Illegal Possession of firearms, Traffic Violations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME:

1. According to the result of the crime:

a. Acquisitive crime – if the offender acquired or gained something by committing the crime. Examples are
robbery, estafa, bribery, etc.

b. Destructive crime – if the crime resulted in destruction, damage or even death. Examples are arson, murder and
homicide, damage to property, etc.

2. According to the time or period of commission:

a. Seasonal crimes – are crimes that happen only during a particular season or period of the year. Examples are
violation of election law, tax law violations, etc.

b. Situational crimes – are crimes committed when the situation is conducive to the commission of the crime and
there is an opportunity to commit it. Examples are pickpocketing, theft, etc.

3. According to the length of time of the commission:

a. Instant crimes – are those crimes that can be committed in a very short time. Example: theft

b. Episoidal crimes – are crimes committed through series of acts or episodes and in much longer time. Example:
serious illegal detention

4. According to place or location:

a. Static crimes – are committed only in one place. examples are theft and robbery

b. Continuing crimes – are crimes that take place in more than one place or several places. examples: abduction,
kidnapping, etc.

5. According to the use of mental faculties:

a. Rational crimes – when the offender is capable of knowing what he is doing and understanding the
consequences of his actions.

b. Irrational Crimes – when the offender suffers from any form of mental disorders, insanity or abnormality. Thus,
the offender doesn’t know what he is doing.

6. According to the type of offender:

a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-economic status or in
the course of his occupational activities.

b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of livelihood.

CRIMINAL
  in the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course
of the standard judicial process; there must be a final verdict of his guilt

 in the criminological sense, a person is already considered a criminal the moment he committed a crime

CLASSIFICATIONS OF CRIMINALS

4. According to etiology

a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during a moment of
anger or burst of feeling.

b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.

1. Neurotic criminal – is one who has mental disorder.

2. Normal criminal – a person who commits crimes because he looks up to, idolizes people who are criminals.

2. According to the type of offender:

a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or technical skill

b. Organized criminal – is one who possesses some skills and know-how which enable him to commit crimes and
evade detection.

c. Professional criminal – a highly skilled criminals which are engaged in a large scale criminal activities ad usually
operate in groups.

3. According to criminal activities:

a. Professional criminal – a criminal who earns his living through criminal activities.

b. Situational criminal – a person who got involved in criminal act because the situation presented itself.

c. Habitual criminal – one who repeatedly commits criminal act for different reasons.

d. Accidental criminal – a person who accidentally violated the law due to some circumstances.

STUDY OF CRIMINAL LAW

EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT

Primitive Tribes

- punishment may be in the form of ostracism and expulsion

- adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife

- crime may be avenged by the victim himself or by the victim’s family

B) THE EARLY CODES

1) CODE OF HAMMURABI

- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first codifier of laws

- it provides the first comprehensive view of the laws in the early days

- the Code was carved in stone

- the “law of talion”, or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth) appears throughout the Code

- under the principle of the law of talion, the punishment should be the same as the harm inflicted on the victim

2) THE HITTITES

- the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

3) CODE OF DRAKON

- knows as the “ultimate in severity”

- codified by Drakon, the Athenian lawgiver of the seventh century BC

4) LAWS OF SOLON

- Solon was appointed archon and was given legislative powers

- Solon repealed all the laws of the Code of Drakon, except the law on homicide

- Solon was one of the first to see that a lawgiver had to make laws that applied equally to all citizens and also saw that
the law of punishment had to maintain proportionality to the crimes committed

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the sixth century BC

- the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze

- the Twelve Tables were drafted by the Decemvirs, a body of men composed of patricians

CRIMINAL LAW

– is that branch of public law which defines crimes treats of their nature and provides for their punishment.

Revised Penal Code or Act No. 3815

– book that contains the Philippine Criminal Law and different special laws and decrees which are penal in nature. It is
called as RPC because the old penal code which took effect in the country on July 14, 1887 and was in force until Dec. 31,
1931 was revised by the Committee created by Administrative Order No. 94 of the Department of Justice, dated Oct. 18,
1927, composed of Anacleto Diaz as Chairman, Alex Reyes and Mariano de Joya as members.The RPC was approved on
Dec. 8, 1930 and took effect on January 1, 1932.

Principal Parts of the RPC

It is composed of two books; book one which is composed of Articles 1-113 and book two covering Articles 114-
367.

a. Articles 1-20 – principles affecting criminal liability

b. Articles 21-113 – penalties including criminal and civil liability

c. Articles 114-367 – felonies

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective of sex, race, nationality
or civil status except:

a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country

c. Foreign troops permitted to march within the territory

2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial jurisdiction.

a. Philippine archipelago – all the islands that comprise the Philippines

a. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers and streams

b. Maritime zone – the twelve (12) Nautical Mile limits beyond our shore measured at low tide

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases committed outside the Philippine territorial jurisdiction
under the following circumstances:

a. should commit an offense while on Philippine ship or airship;

b. should forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued
by the government of the Philippines;

c. while being a public officer or employee, should commit an offense in the exercise of their functions’

d. should commit any of the crimes against national security and law of nations

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable on the time the felony
was committed. However, it may have a retroactive effect if it is favorable to the accused who is not a habitual
delinquent.

4. It is specific and definite.

Criminal law must give a strict definition of a specific act which constitutes an offense. Where there is doubt as
to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is obligated to
decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly
against the state.

5. It is uniform in application.

An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines and
whenever committed. No exceptions must be made as to the criminal liability. The definition of crimes together with
the corresponding punishment must be uniformly construed, although there may be a difference in the enforcement of
a given specific provision of the penal law.

6. There must be a penal sanction or punishment.

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

CRIME STATISTICS

 refers to the measure of the level or amount of crimes.

 The collection or study of numerical data of crimes recorded/reported to the police.

 it uses the terms index crimes and non-index crimes in classifying crimes.

Index crimes are crimes which are sufficiently significant and which occur with sufficient regularity to be meaningful,
such as murder, homicide, physical injury, robbery, theft and rape.
Non-index crimes are crimes that are not classified as index crimes. Violations of special laws and other crimes against
moral and order. These crimes are generated from the result of positive police-initiated operations.

STATISTICAL FORMULA:

1. Crime Solution Efficiency (CSE) – percentage of solved cases out of the total number of reported crime incidents
handled by the police for a given period of time. It is a general measure of law enforcement agency’s
investigative capability or efficiency.

Formula:

CSE = No.of Solved Cases ________________________________ Total No.of Reported Cases X 100

2. Crime Rate – the number of incidents in a given period of time for every 100, 000 inhabitants of an area/place.

Formula:

CR = Crime Volume _________________________ 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 ______________________________________ Crime Volume Nationwide X 100

b. Percentage Share of the Occurrence of a Type of Crime

Formula:

Total number of occurences of a type of crime ____________________________ Crime Volume Nationwide X 100
 CRIM 2: Criminal Justice System

CRIMINAL JUSTICE SYSTEM

Criminal Justice System refers to the sum total of instrumentation which a society uses in the prevention and control of
crime and delinquency. It refers to the machinery of the state or government which enforces the rules of conduct
necessary to protect life and property and to maintain peace and order.

It also comprises all the means used to enforce those standards of conduct which are deemed necessary to protect
individuals and to maintain general community wellbeing.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest

2. Charging

3. Adjudication

4. Sentencing

5. Corrections

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Criminal Law is the basis that takes place in the Criminal Justice System. Only violations of Criminal Law are being
considered and processed in the Criminal Justice System. Where no violation of Criminal Law or where no commission of
the crime criminal justice as a process will not operate.

CRIMINAL LAW

Criminal Law is that branch of public, which defines crimes, treats of their nature, and provides for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

A. SUBSTANTIVE

-defines the elements that are necessary for an act to constitute as a crime and therefore punishable.

B. PROCEDURAL

 refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

1. PRESUMPTION OF INNOCENCE

This means that those who are accused of crimes are considered innocent until proven guilty. The accused is entitled to
all the rights of the citizens until the accused’s guilt has been determined by the court of law or by the accused’s
acknowledgment of his guilt that he or she indeed committed the crime. No less than the Constitution of the Philippines
provides that an accused shall be presumed innocent until proven guilty.

2. BURDEN OF PROOF

In criminal cases means that the government must prove beyond “reasonable doubt” that the suspect committed the
crime. In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence provides
that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is
necessary. Unless his guilt is shown beyond reasonable doubt, he is 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 probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.

3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.

4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged
and the judgement has been rendered, he is referred to as the CONVICT.

5. It is only upon undergoing all the process when the person has served the sentence when he can
really be considered as a CRIMINAL.

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement

2. Prosecution

3. Courts

4. Correction

5. Community

The three components of the Criminal Justice System in the United States:

1. Law Enforcement

2. Courts

3. Corrections

PHILOSOPHIES BEHIND THE CJS

1. Adversarial Approach

- assumes innocence

- the prosecutor has the burden of proof

- the emphasis is given on the proper procedures

2. Inquisitorial Approach

- assumes guilt

- the accused has the burden of proof

- the emphasis is on the conviction of the accused

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. LAW ENFORCEMENT

- also called the POLICE pillar. It occupies the frontline of the CJS because they are regarded as the initiator of the system.
They are also the first contact of the law violator in the CJS process. It investigates, makes arrests and prepares evidence
against the suspects needed to prosecute them.

2. PROSECUTION

- takes care of evaluating the evidence and formally charges the suspects before the court. It serves as screening
process on whether to file a case base on evidence or dismiss the same and determines what particular crime shall be
formally filed and presents the burden of proof against the suspect.

3. COURT

- conducts arraignment and trial. It issues warrant of arrest if the accused is at large and acquits the innocent
and adjudicate penalty for the accused if found guilty.

4. CORRECTION

- responsible for the incarceration and rehabilitation of the convicted person to prepare for eventual
reintegration in the community.

5. COMMUNITY

- helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s re-entry and assists
said penitent offender lead a new life as a responsible member of the society

- not under or independent among the branches of the government.

FIRST PILLAR: LAW ENFORCEMENT

The law enforcement pillar is the branch of the criminal justice system that has the specific responsibility of maintaining
law and order and combating crime within the society.

The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of the Criminal Justice
System. This pillar is also commonly referred to as the police pillar.

This pillar is comprised of the different law enforcement agencies in the country such as the Philippine National Police,
the National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Bureau of Customs, the Bureau of
Internal Revenue, and the Land Transportation Office, among many others.

PHILIPPINE NATIONAL POLICE

- organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A. 9708.

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 - the “Department of the Interior and Local Government Act of 1990”

-approved on Dec 13, 1990

2. RA 8551 – the “PNP Reform and Reorganization Act of 1998.

- approved on February 25, 1998.

3. RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum educational qualification
for appointment to the PNP and adjusting the promotion system thereof”.

- Approved on August 12, 2009

PHILIPPINE NATIONAL POLICE

 a law enforcement agency under the DILG.

 under administrative control and operational supervision of the National Police Commission.

It is an organization that is national in scope and civilian in character, as provided by Section 6, Article 16 of the
1987 Philippine Constitution: “The state shall establish and maintain one police force which shall be national in scope
and civilian in character…”

NATIONAL IN SCOPE

 means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the
Philippine archipelago.

 all uniformed and non-uniformed personnel of the PNP are national government employees.

CIVILIAN IN CHARACTER

- means that that the PNP is not a part of the military, although it retains some military attributes such as discipline.

POWERS AND FUNCTIONS OF THE PNP

1. Enforce all laws and ordinances relative to the protection of lives and properties;

2. Maintain peace and order and take all necessary steps to ensure public safety;

3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in
their prosecution;

4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and
pertinent laws;

5. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained
of all his rights under the Constitution;

6. Issue licenses for the possession of firearms and explosives in accordance with law;

7. Supervise and control the training and operations of security agencies and issue licenses to operate security
agencies and to security guards and private detectives, for the purpose of their professions.
 POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT

The Philippine National Police has the power to enforce laws and ordinances relative to the protection of lives and
property, such as the Revised Penal Code, other special penal laws and city and municipal ordinances.

II. CRIME PREVENTION - the elimination of the opportunity for the commission of a crime.

III. POLICE PATROL

Patrol has been described as the backbone of the police department. Theoretically, patrol officers are the most valuable
people in the organization.

IV. CRIME DETECTION

Crime detection is the discovery of the police that a crime had been committed.

There are traditional ways that occurrence of crime is made known to the police:

1. when the victim personally reports the crime to the police;

2. when a witness personally reports the crime to the police; and

3. when the police catches an offender while in the commission of a crime.

V. CRIMINAL APPREHENSION - the legal term for criminal apprehension is arrest.

ARREST

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Modes of Arrest

1. arrest by virtue of a warrant

2. arrest without a warrant

An arrest may be made on any day and at any time of the day or night, even on a Sunday.

WARRANT OF ARREST

 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 take a person into custody in order that he may be bound to answer for the
commission of an offense

 shall remain valid until the person to be arrested has been arrested or has surrendered

CIRCUMSTANCES OF WARRANTLESS ARREST:

Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;

b. When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and
 c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

VI. SEARCH AND SEIZURE

Search refers to the examination of an individual’s person, house, papers or effects, or other buildings and
premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action

SEARCH WARRANT

 an order in writing issued in the name of the People of the Philippine, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein, and bring it before the court

 has a validity period of TEN (10) days

 can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;

b. Stolen or embezzled and other proceeds, fruits of the offense; or

c. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:

a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court

b. Seizure of evidence in plain view

c. Search of a moving vehicle

d. Consented warrantless search

e. Customs search

f. Stop and frisk search, and

g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with identity and location of the offender and provides
evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)

The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon approval of
Commonwealth Act No. 181 by the legislature

Tasked with organizing a Division of Investigation or DI patterned after the United States Federal Bureau of
Investigation were Thomas Dugan, a veteran American police captain from the New York Police Department and
Flaviano C. Guerrero, the only Filipino member of the United States Federal Bureau of Investigation.

On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation. Later, it
was amended by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the
National Bureau of Investigation (NBI).

The NBI is a government entity that is civilian in character, and national in scope which is under the Department
of Justice.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

 created by the virtue of Republic Act 9165.

 serves as the implementing arm of the Dangerous Drug Board (DDB).

 Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in RA 9165.

 headed by Director General with the rank of Undersecretary, appointed by the President.

 The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by the President.

SECOND PILLAR: PROSECUTION

Prosecution is the course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of he accused.

In a criminal action, it is a proceeding instituted and carried on by due course of law, before a competent tribunal, for
the purpose of determining the guilt or

The party in a criminal proceeding who instituted the criminal action is called the prosecution.

The party against whom the criminal action was instituted is called the defense.

In all criminal prosecutions, the real offended party is the People of the Philippines, for a crime is an outrage
against, and its vindication is in favor of, the people in a sovereign state. Thus, all criminal cases are titled “People of the
Philippines vs. _____ (the name of the accused).

THE PROSECUTOR

The prosecutor is the officer of the government whose function is the prosecution of criminal actions partaking
the nature of criminal actions. He is also referred to as public prosecutor and fiscal.

THE NATIONAL PROSECUTION SERVICE (NPS)

The NPS was created by virtue of Presidential Decree No. 1275, entitled “Reorganizing the Prosecution Staff of
the Department of Justice and the Offices of the Provincial and City Fiscals, Regionalizing the Prosecution Service and
Creating the National Prosecution Service.” This law was enacted on April 11, 1978.

The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial arm
of the government.

- headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to R.A. 10071, otherwise
known as the “Prosecution Service Act of 2010”.

PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and
should be held for trial (Sec. 112, Criminal Procedure, Rules of Court).

It is required to be conducted before the filing of the information for an offense where the penalty prescribed by law is
at least 4 yrs., 2 mos. and 1 day.

The purpose of conducting preliminary investigation is to establish probable cause.

Probable cause refers to the existence of such facts and circumstances as would excite a belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he is
prosecuted. It is the degree of evidence required in preliminary investigation.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;

b. judges of the municipal trial courts and municipal circuit trial courts

c. National and Regional State Prosecutors; and

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 by the Ombudsman

2. COMELEC’s authorized legal officers in connection with election offenses

3. special prosecutors appointed by the Secretary of Justice

COMPLAINT

 is a sworn written statement charging a person with an, offense, subscribed by the offended party, any peace
officer or other public officer charged, with the enforcement of the law violated.

INFORMATION

 an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

An affidavit is a statement of facts under oath.

A subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of
an action, or at any investigation conducted under the law, or for the taking of his deposition (Section 1, Rule 23, Rules
of Courts).

INQUEST PROCEEDING

Inquest procedure is an inquiry made by the duty prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant. Each police station or headquarters should in principle also have
designated inquest prosecutors to process inquest procedures with a schedule of assignments for their regular inquest
duties

This process requires the prosecutors to resolve the complaint the police filed in a prescribed period which
varies depending on the gravity of the offense:

light penalties = 12 hours

correctional penalties = 18 hours

afflictive penalties = 36 hours

BAIL
 Bail is defined as the security given for the release of the person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before any court as required under the conditions as specified.

The purpose of bail is to secure the appearance of the accused before the court when so required and to
provide the accused of his temporary liberty while awaiting the processing and disposition of the case filed against him

KINDS OF BAIL:

1. Property bond;

2. Corporate Surety;

3. Cash Deposit;

4. Recognizance.

THIRD PILLAR: COURT

Court, as the third pillar, is said to be the centerpiece of the criminal justice system and its primary and most
important function as a component of the criminal justice system is to decide whether the accused is guilty or not guilty
of the crime he is accused of committing. It is within the power of this pillar to end the process for the accused or to
proceed with the next pillar, which is correction.

- a body to which the public administration of justice is delegated, being a tribunal officially assembled under
authority of law at the appropriate time and place for the administration of justice through which the State enforces its
sovereign rights and powers.

- a court is an organ of the government belonging to the judicial department whose function is the application of the
laws to controversies brought before it and the public for the administration of justice

JUDICIAL POWER

- is the power to apply the laws to contests or disputes concerning legally recognized rights or duties of and
between the state and the private persons or between individual litigants in cases properly brought before the judicial
tribunals. It is vested in one Supreme Court and in such lower courts as may be established by law.

POWER OF JUDICIAL REVIEW

- is the power of the Supreme Court to determine whether laws passed by Congress and acts of the President
are in accordance with the Constitution when the matter is raised.

NOTE: All courts have judicial power but only the Supreme Court has the power of judicial review.

JURISDICTION

It is the authority of the court to hear and try a particular offense and to impose the punishment provided by law.

VENUE

Refers to the place, location or site where the case is to be heard on its merits.

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:

 1. The offense is one which the court is by law authorized to take cognizance of

2. The offense must have been committed within its territorial jurisdiction

3. The person charged with the offense must have been brought to its presence for trial, forcibly,
by warrant of arrest or upon his voluntary submission to the court.

KINDS OF JURISDICTION

1. General – when the court is empowered to decide all disputes which may come before it except
those assigned in other courts.

2. Limited – when the court has the authority to hear and determine only a few specified cases.

3. Original - when the court can try and hear a case presented for the first time

4. Appellate – when the court can try a case already heard and decided by a lower court, removed
from the latter by appeal

5. Exclusive – when the court can try and decide a case which cannot be presented before any
other court

6. Concurrent – when any of two or more courts may take cognizance of a case.

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization Act of 1980 which defines the organization, composition and
jurisdiction of the courts.

I. REGULAR COURTS

1. SUPREME COURT (SC)

 the highest court of the land.

 composed of a Chief Justice and 14 Associate Justices.

 has appellate jurisdiction over cases decided by the Court of Appeals and has the power of judicial review.

 the court of last resort

2. COURT OF APPEALS (CA)

 headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.

 has appellate jurisdiction over cases decided by the Regional Trial Courts.

 It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of the Court
of Tax Appeals

 3. REGIONAL TRIAL COURTS (RTC)

 presided by a Regional Judge.

 has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with imprisonment of
six (6) years and one (1) day and over.
  has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC.

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Court/Metropolitan Trial Court

Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine, (c) damage to property through criminal
negligence.

MUNICIPAL TRIAL COURTS (MTC)

- every municipality in the Philippines has its own Municipal Trial Court and every MTC covers only one
municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

- These are the equivalent of the Municipal Trial Courts in cities outside Metropolitan Manila.

MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

- A Municipal Circuit Trial Court is a municipal trial court which covers two or more municipalities.

METROPOLITAN TRIAL COURTS (MeTC)

- are Municipal Trial Courts in the cities in the Metropolitan Manila Area as distinguished from the other political
subdivisions in the Philippines.

II. SPECIAL COURTS

1. SANDIGANBAYAN

 created under Presidential Decree No 1606.

 Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.

 It is composed of a Presiding Justice and fourteen (14) Associate Justices.

 This special court is tasked to handle criminal cases involving graft and corruption and other offenses committed
by high- ranking public officers and employees in connection with the performance of their functions.

 It has original exclusive jurisdiction over public officers accused of committing crimes in relation to their official
functions and whose salary grade is 27 and above.

2. COURT OF TAX APPEALS (CTA)

 created by Republic Act No 1125, as amended by Republic Act No 9282.

 Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.

 It is composed of a Presiding Justice and five (5) Associate Justices.

 - It has both the original and appellate jurisdictions over civil and criminal tax cases involving the National
Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code.

3. SHARI’A COURTS
  created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim Personal Laws of the
Philippines.

 It has exclusive jurisdiction over cases that pertain to family rights and duties as well as contractual relations of
Filipino Muslims. And decisions rendered by the Shari’a District Courts are final.

JUDICIAL AND BAR COUNCIL (JBC)

The Judicial and Bar Council, or JBC, is a body created by the 1987 Philippine Constitution under the supervision
of the Supreme Court. It has the principal function of recommending appointees to the Judiciary. All justices and judges
are appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council.

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:

1) Arraignment

2) Pre-trial

3) Trial

4) Judgment

5) Appeal

First Stage: ARRAIGNMENT

 the reading of the criminal complaint or information to the defendant, by the judge or clerk of court, and the
delivering to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not
guilty as charged

 the stage where the accused is formally informed of the charges against him by reading before him the
information or criminal complaint and asking him whether he pleads guilty or not guilty as charged

 the stage where the issues are joined in criminal action and without which the proceedings cannot advance
further

 requires that the accused be personally or physically present in court

Plea is the response of the accused when asked whether he is guilty or not guilty of the offense charged. It is of two
kinds:

1. guilty plea, which must be unconditional; and

2. not guilty.

SECOND STAGE: PRE-TRIAL

 a conference called by the judge that requires the presence of both the prosecution and the accused before the
beginning of a trial

 mandatory in all criminal cases

The following are to be taken up during the conference:

a. plea bargaining;

b. stipulation of facts;

c. marking for identification of evidence of the parties;

d. waiver of objections to admissibility of evidence;

e. modification of the order of trial if the accused admits the charge but interposes a lawful defense;

f. such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

PLEA BARGAINING

 the process whereby the accused, the offended party and the prosecution work out a mutually satisfactory
disposition of the case subject to court approval

THIRD STAGE: TRIAL

Trial is the examination before a competent tribunal, according to the laws of the land, of the facts put in issue
in a case, for the purpose of determining such issue. It is the period for the introduction of evidence by both parties.

- the period for the introduction of evidence by both parties.

- it shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the Supreme Court.

FOURTH STAGE: JUDGMENT

 the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of
the proper penalty and civil liability

 defined as the decision or sentence of the given by a court as the result of proceedings instituted therein

Judgment of Conviction - if the judge finds the accused guilty of the charges against him.

Judgment of Acquittal - if the judge finds the accused not guilty of the charges against him.

Promulgation of Judgment - is an official proclamation 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 judgment becomes final:

1. when the period for perfecting appeal an appeal has lapsed;

2. when the sentence is partially or totally satisfied or served;

3. when the accused expressly waives in wilting his right to appeal and

4. when the accused applies for probation.

FIFTH STAGE: APPEAL

 the elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means
of a document which includes the assignment of errors, memorandum of arguments in support thereof, and the
reliefs prayed for.

 an appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting an appeal.

 the accused may or may not appeal his case

  when the accused decides not to appeal his case, the decision becomes final and executory

 on appeal, the State is represented by the Solicitor General

FOURTH PILLAR: CORRECTIONS

Corrections is the fourth component of the criminal justice system. It is the branch of administration of criminal justice
charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. It also deals with
punishment, treatment and incarceration of offenders.

It is composed of the institutional and non-institutional agencies of the government.

PENOLOGY

 a branch of criminology which deals with the treatment, management and administration of inmates

PURPOSES/OBJECTVES OF MODERN CORRECTIONS:

1. RETRIBUTION

-imprisonment is supposed to be the payment of the offender to the victim or the victims family for the crime he
committed against him or them

2. DETERRENCE

- imprisonment is supposed to discourage convicted offenders from committing crimes again because of their
experience in the prison or jail

-at the same time, imprisonment is supposed to discourage

3. ISOLATION

- convicted offenders are separated from society to prevent them from committing another crime

- at the same time, imprisonment protects law-abiding citizens from the harm criminals may inflict on them

4. REFORMATION

- this involves the use of punitive and disciplinary measures such as solitary confinement to modify or reform criminal
behavior whose conduct and deportment is not totally responding to rehabilitation programs

5. REHABILITATION

- based on the premise that through correctional intervention, such as educational and vocational training and
psychotherapeutic programs, an offender may be changed

6. REINTEGRATION

- the effort of correction to change criminal behavior should result in a situation and ability on the part of the
penitent offender to return to society in some productive and meaningful capacity in a free community.

PENALTY
  the suffering that is inflicted by the State for the transgression of the law

PUNISHMENT

 it is the redress that the state takes against the offender member of society

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS

Correctional Institutions enter into the picture, as a rule, when the conviction of the accused has become final
and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the
enforcement of its decision.

Although, Correctional Institutions, Jails in particular, may receive an accused for custody or detention only, in
which case the court issues a COMMITMENT ORDER.

MITTIMUS

 is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison
authorities to receive the convicted offender for service of sentence.

COMMITMENT ORDER

 is a written order of a court or authority consigning a person to jail or prison for detention.

TWO DIVISIONS OF CORRECTIONS

1) Institutional Corrections

2) Non-Institutional Corrections

INSTITUTIONAL CORRECTIONS

DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:

OLD BILIBID PRISON

- the main penitentiary was constructed in Azcarraga Street, Manila in 1847

- was formally opened on 10 April 1865 by a Royal Decree

- later, it was transferred to its new site in Muntinlupa

BUREAU OF PRISONS

- created pursuant to Act No 1407, otherwise known as the Reorganization Act of 1905, enacted on 1
November 1905, as an agency under the Department of Commerce and Police

- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No 292 dated 22 November 1989.

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM

- was established in Southern Zamboanga on 21 August 1869.

- was established during the tenure of Governor General Ramon Blanco, whose patrol saint the prison was named
after.

- was established originally for persons convicted of political crimes

- considered the oldest penal facility in the Philippines.

2. IWAHIG PENAL COLONY

- established on 16 November 1904 in Puerto Princesa City, Palawan.

- originally served as a depository for prisoners who could not be accommodated at the Old Bilibid Prison in Manila

- classified as a penal institution in 1907 by virtue of Act No 1723.

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

- created by virtue of Act No 3579 enacted on November 1931.

- located at Welfare Ville, Mandaluyong City

- established to accommodate female prisoners

- the female prisoners from the Old Bilibid Prison were transferred to CIW on 14 February 1931.

4. DAVAO PENAL COLONY

- the first penal settlement founded and organized under Filipino Administration

- established in 21 January 1932 by virtue of Act No 3732

- located in the districts of Panabo and Tagum in Davao del Norte.

5. NEW BILIBID PRISON

- originally was located in Manila before it was transferred to Muntinlupa City in 1935

- officially named the New Bilibid Prison on 22 January 1941

- has three security facilities/camps:

a. maximum security – for those whose sentence is twenty years and above

b. medium security – also called Camp Sampaguita; for those whose sentence is less than twenty years

c. minimum security – also called Camp Bukang Liwayway; for those who are physically-handicapped, sixty-five (65)
years old and above, and those who have only six (6) months remaining in their sentence.

6. SABLAYAN PRISON AND PENAL FARM

- established on 27 September 1954 by virtue of Presidential Proclamation No 72

- located in Occidental Mindoro

- the facility where prisoners from the New Bilibid Prison are brought for decongestion purposes

7. LEYTE REGIONAL PRISON

- was established in 16 January 1973 by virtue of Presidential Decree No 28

- situated in Abuyog, Southern Leyte

- admits convicted offenders from Region 6 and from the national penitentiary in Muntinlupa

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)

- an attached agency of the Department of Justice

- principal task is for the rehabilitation of prisoners

- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City

- exercises over all control and supervision of all the corrections/prisons facilities nationwide

- has custody of prisoners sentenced to imprisonment of more than three (3) years

2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each province. It shall be under the supervision
and control of the provincial governors.

3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act 6975, exercises supervision and
control over all district, city and municipal jail nationwide. Formally established on January 2, 1991.

DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or undergoing trial and awaiting
judgment

SENTENCED PRISONERS - those convicted by final judgment and are serving their sentence

PD 29 – the law that classified prisoners

CLASSIFICATION OF PRISONERS

1. Detention Prisoners

a. Persons held for security reasons

b. Persons held for investigation

c. Persons waiting for final judgment

d. Persons waiting for trial

2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.

a. Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.

b. City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years

c. Provincial Jail – sentenced to 6 months one day to 3 years

d. National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.

PRISON

- derived from the Spanish word, “presidio”

- under the supervision of the national government through the Bureau of Corrections under the Department of Justice

- has custody over convicted offenders whose sentence is imprisonment of three years and one day and above
JAIL

- derived from the Spanish words, “jaula” and “caula”

- under the supervision of the local government through either the Office of the Provincial Governor or Bureau of Jail
Management and Penology, both under the Department of Interior and Local Government

- has custody over convicted offenders whose sentence is imprisonment of three years or less

- has custody over offenders who are in detention while undergoing investigation, undergoing trial and awaiting
judgment

NON-INSTITUTIONAL CORRECTIONS

1. BOARD OF PARDONS AND PAROLE

 grants parole and recommend to the President the grant of any form of executive clemency to deserving
prisoners or individuals

 reviews reports submitted by the Parole and Probation Administration and make necessary decisions

 a functional unit under the Department of Justice.

2. PAROLE AND PROBATION ADMINISTRATION

 originally called Probation Administration and was created by virtue of PD 968 of 1976 to administer the
probation system

 was renamed Parole and Probation Administration by EO No 292

 given the added function of supervising prisoners who, after serving part of their sentence in jails or prisons, are
released on parole with parole conditions

 an attached agency to the Department of Justice

3. Department of Social Welfare and Development (DSWD) – renders services for Children in Conflict with the Law
(CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006).

EXECUTIVE CLEMENCY

- the collective term for absolute pardon, conditional pardon, reprieve and commutation of sentence.

1. PARDON

- is a form of executive clemency granted by the President as a privilege extended to convicts as a discretionary act of
grace

TWO (2) KINDS OF PARDON

a. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for the

b. CONDITIONAL PARDON - refers to an exemption of an individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal
liability

2. REPRIEVE
- the temporary stay of the execution of a sentence, usually a death sentence

- another prerogative exercised by the President

- generally, applied to death sentences already affirmed by the Supreme Court

3. COMMUTATION OF SENTENCE

 an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term

 refers to the reduction of the duration of a prison sentence

 another prerogative of the President

4. AMNESTY

 a special form of pardon exercised by the President

 a general pardon extended to a certain class of people who are usually political offenders

 needs the concurrence or approval of Congress

PAROLE

 a procedure by which prisoners are selected for release on the basis of individual response and progress within
the correctional institution and a service by which they are provided with necessary control and guidance as
they serve the remainder of their sentence within the community

 provided by Act No 4103, the Indeterminate Sentence Law, which took effect on 5 December 1933.

PROBATION

Is a disposition under which a defendant after conviction and sentence, is released subject to conditions imposed by the
court and under the supervision of a probation officer. It is a privilege granted by the court to a person convicted of a
criminal offense to remain in the community instead of actually going to prison.

 provided by Presidential Decree No 986, the Probation Law of 1976

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System

The community is understood to mean as “elements that are mobilized and energized to help authorities in effectively
addressing the law and order concern of the citizenry.”

The responsibilities of the community in relation to Law Enforcement.

As one of the pillars or components of the Criminal Justice system, the community with its massive membership
has vital responsibilities in law enforcement.

The citizens can achieve these roles:

(a) identifying offenders;

(b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and
syndicates;

(c) volunteering as witnesses;

(d) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the police but is equally the concern of every
citizen in order to have a peaceful place to live in.

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY THE FEASIBILITY OF
RESOLVING DISPUTES AT THE BARANGAY LEVEL

- promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL

RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991

- provides for the REVISED KATARUNGANG PAMBARANGAY LAW

- enacted on 10 October 1991

LUPONG TAGAPAMAYAPA

 It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON.

 The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary
as the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty
(20).

 Any resident of the barangay of reputable character may be appointed as member of the Lupon. Members of
the Lupon shall be appointed by the Barangay Chairman.

 The Lupon shall be constituted every three years.

 A Lupon member shall serve for a period of three years.

 Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of disputes for the
speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO

 It shall act as the conciliation panel. It is also referred to as the PANGKAT.

 It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from
among the three of them the Pangkat Chairman and Pangkat Secretary.

 The Pangkat shall be constituted whenever a dispute is brought before the Lupon.

 The members of the Pangkat shall be chosen by the parties of the dispute from among the Lupon members. In
case of disagreement, the Barangay Chairman shall draw lots.

What matters fall under the jurisdiction of the Lupon?

a. those involving offenses that are punishable by the imprisonment of one year and below, or a fine in the
amount of five thousand pesos and below;

b. those involving parties that actually reside or work in the same barangay;

c. those involving marital and family disputes;

d. those involving minor disputes between neighbors;

e. those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

 disputes between persons actually residing in the same barangay shall be brought for amicable settlement
before the Lupon of said barangay;

 those involving actual residents of different barangays within the same city or municipality shall be brought in
the barangay where the respondent 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

What shall the Chairman do upon receipt of the complaint?

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.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong Barangay or Pangkat to
amicably settle their disputes

What shall the Pangkat do after its constitution?

 The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to
hear both parties.

 Within how may days should the Pangkat settle the dispute?

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

 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.

Why should parties resort to amicable settlement before going to the police?
Because it is a pre-condition to filing of complaint in court:

“No complaint involving any matter within the authority of the Lupon shall be filed directly in court unless there
has been a confrontation between the parties before the Chairman or the Pangkat, and that no conciliation or
settlement has been reached as certified by the Secretary, or unless the settlement has been repudiated by the
parties.”

The amicable settlement shall have the force and effect of a final judgment of a court upon the expiration of ten
(10) days from the date of settlement.

CRIM 3: Ethics and Values

PART ONE - GENERAL and SPECIAL ETHICS

ETHICS

 the science of the morality of human acts

 the study of the human motivation, and ultimately of human rational behaviour

 derived from the Greek word, ethos, which means characteristic way of acting and ethikos, which means
customary

MORALITY

- the quality which makes an act good or bad, good or evil, right or wrong

MORAL DISTINCTIONS

1) moral - good, right

2) immoral - bad, wrong

3) amoral - neither good nor bad

HUMAN ACTS

- acts that are done knowingly, deliberately and freely

ELEMENTS OF HUMAN ACTS

1) KNOWINGLY

- when the person fully understands what he is doing and has the ability to appreciate the consequences
of his actions

2) DELIBERATELY

- when the person did his actions intentionally

3) FREELY

- when the person performed his actions voluntarily

TWO DIVISIONS OF ETHICS

1) GENERAL ETHICS

- the study of the general principles of morality

2) SPECIAL ETHICS

- the study of the application of the general principles of morality; included in this division is the category of
professional ethics

PROFESSIONAL ETHICS

 a set of moral code to which every profession must subscribe

 guides the professional where the law is silent or inadequate

POLICE ETHICS
  an example of professional ethics

 a practical science that treats the principle of human morality and duty as applied to law enforcement

VALUES

- anything that a person considers important in life, such as material things, ideas and experiences

KINDS OF VALUES

1) BIOLOGICAL VALUES

- those that are necessary for survival, such as food, shelter, clothing, sex, water, sleep

- include the physiological needs of man as man

2) PSYCHOLOGICAL VALUES

- those are that are necessary for emotional fulfillment of man, such as relationships, companionship, family,
friendships, love

3) INTELLECTUAL VALUES

- those that are necessary for the intellectual fulfillment of man, such as achievements, career, success

4) MORAL VALUES

- those that are necessary for the spiritual fulfillment of man

VIRTUE

 a habit that inclines the person to act in a way that harmonizes with his nature

 the habit of doing good

 the opposite is vice, the habit of doing bad

FOUR MORAL/CARDINAL VIRTUES

1. PRUDENCE

 the ability to govern and discipline oneself by means of reason and sound judgment

 the virtue that attracts the intellect to choose the most effective means for accomplishing what is morally good
and avoiding what is evil

2. TEMPERANCE

 one’s ability to moderate or avoid something

 the virtue that regulates the carnal appetite for sensual pleasures

3. FORTITUDE

 firmness of mind

 the courage to endure without yielding

 the virtue that incites courage

a. PATIENCE – calmness and composure in enduring situations

b. PERSEVERANCE – the ability to go on despite the obstacles

c. ENDURANCE – the ability to last

4. JUSTICE

 the virtue that inclines the will to give to each one of his rights

THREE DIVISIONS OF JUSTICE

1. COMMUTATIVE

 virtue that regulates those actions that involve the rights that exist between one and another

2. DISTRIBUTIVE

 Regulates those actions that involve the rights than an individual may claim from society

3. LEGAL

 virtue that regulates those actions which society may justly require of the individual for the common good

RIGHT

- anything that is owed or due

- something to which a person has a just and lawful claim

- anything that a person can lawfully demand

HUMAN RIGHTS

- rights pertaining to the rights of man

- rights inherent to man by virtue of being a human being

- are the supreme, inherent and inalienable rights to life, dignity and to self-development

supreme rights = highest form of rights

inherent rights = rights attached to men as human

inalienable rights = rights that cannot be transferred, cannot be borrowed and cannot be taken away

BASIC HUMAN RIGHTS

1) RIGHT TO LIFE

Exceptions:

self-defense

death under exceptional circumstances

death penalty

2) RIGHT TO LIBERTY

Exceptions:

for reasons of public health and public safety

penalty for commission of a crime

 circumstances of warrantless arrests

3) RIGHT TO PROPERTY

Exceptions:

circumstances of warrantless search

by virtue of court order

BILL OF RIGHTS

- a list of individual liberties, freedom and rights which are guaranteed and protected under Article III of the
1987 Philippine Constitution

- protection of individuals against abuses of the state

- protection of the rights of an accused

DUTY

- anything we are obliged to do or to omit

- a moral obligation incumbent upon a person of doing, omitting or avoiding

- for every right, there is a corresponding duty

PART TWO - THE PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

BACKGROUND ON THE PNP CODE OF PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

SECTION 37, RA 6975

“There shall be established a performance evaluation system which shall be administered in accordance with the rules,
regulations and standards, and A CODE OF CONDUCT promulgated by the Commission for members of the PNP…”

NAPOLCOM RESOLUTION NO 92-4

 resolution issued by the NAPOLCOM approving the draft of the Philippine National Police Code of Professional
Conduct and Ethical Standards by the PNP

 approved on 12 March 1992

PURPOSES OF THE CODE

1. To foster individual efficiency, behavioral discipline and organizational effectiveness, as well as respect for
constitutional and human rights of citizens, democratic principles and ideals and the supremacy of civilian
authority over the military;

2. To set the moral tone and norms of professional conduct in the police service;

3. To provide moral and ethical guidance to all PNP members; and

4. To enlighten members of the police service of what behavior is really acceptable – to define what is permitted
and what is prohibited.

LAWS RELATED TO THE PNP CODE

 1. RA 3019 – Anti-Graft and Corruption Practices Act

2. RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees

3. RA 7080 – Anti-Plunder Act

4. RA 9485 – the Anti-Red Tape Act of 2007

5. PLEB Rules and Regulations

IMPORTANT TERMS

NON-FEASANCE

 the failure to perform an act or duty that is part of one’s obligation without sufficient excuse

MALFEASANCE

 the commission of an act that one is prohibited to do

MISFEASANCE

 the improper or incorrect performance of an act that should be done or performed

INCOMPETENCY

 lack of adequate ability and fitness for the satisfactory performance of police duties; could be due to physical or
intellectual limitations or lack of skill

DISLOYALTY TO THE GOVERNMENT

 abandonment or renunciation of one’s loyalty to the government of the Philippines

 advocating to overthrow the present administration

POLICE DISCRETION

- the act or the liberty to decide according to the principles of justice and the police officer’s ideas of what is
right and proper under the circumstances

THE LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard life and property; to protect the
innocent against deception; the weak against oppression or intimidation; and the peaceful against violence or disorder;
and to respect the constitutional rights of all men, to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or
ridicule; develop self-restraint and be constantly mindful of the welfare of others. Honest in thought and deed in both
my personal and official life, I will be exemplary in obeying the laws of the land and regulations of my
organization. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept
ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendship to influence my decision.
With no compromise for crime and with relentless prosecution of criminal, I will enforce the law courteously and
appropriately, without fear or favor, malice or ill-will, never employing unnecessary force or violence and never
accepting gratuities in return.
I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am
true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by
other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of
justice.

I know that I alone am responsible for my own standard of professional performance and will take every reasonable
opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these
objectives and ideals, dedicating myself before God to my chosen profession... law enforcement.

PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

CANONS OF POLICE ETHICS

1) Primordial Police Responsibility

- the primary responsibility of the police is crime prevention

2) Limitation of Police Authority

- laws set limits to the power of the police

- police officers are not exempted from obeying the laws they are enforcing

3) Knowledge of the Law and other Responsibilities

- police officers are expected to know and understand the laws they are enforcing

- police officers must fully understand their duties and responsibilities as police officers

- police officers must know and fully understand the relationship of the PNP organization with other law
enforcement agencies and other government agencies

4) Use of Proper Means to Obtain Proper Ends

- police officers must only employ legal methods in the conduct of their work

5) Cooperation with Public Officials

- police officers must cooperate with other public officials and government agencies

6) Proper Conduct and Behavior

- police officers must always observe proper conduct and behavior both in their personal and official life

7) Conduct towards the Community

- police officers must never forget that they are public servants

8) Conduct in Arresting Law Violators

- police officers must always adhere to the prescribed rules when effecting arrests of suspects

9) Firmness in Refusing Gifts

- police officers must never ask for nor accept gifts or special favors

10) Impartial Presentation of Evidence

- police officers must be fair in presenting evidence

11) Attitude towards Police Profession

- police officers must have a high regard for the police profession and must be proud that they are police officers

- police officers must strive to improve their knowledge and skills in order be the best police officers that they can
be

PROFESSIONAL POLICE PRINCIPLE

1) Prevention of Crime and Disorder

- it is the primary objective of the police to prevent crime

2) Cooperation of the Community

- the police are dependent upon community support

3) Unreasonable Force Reduces Community Cooperation

- the use of unreasonable force on the part of the police negatively affects the desire of the people to cooperate
with the police

4) Use of Reasonable Force when Persuasion is not Sufficient

- the police may only use force when dialogue is no longer effective and the degree of force to be used must be
reasonable

5) Impartial Enforcement of Laws

- the police must be fair in enforcing the laws

6) The Community are the Police

- the police and the community are dependent on each other and must work hand in hand to prevent crimes

7) Police should not Usurp Judicial Power

- the police have no power or authority to decide whether a suspect is guilty or innocent of a crime because only
the court has this power

8) Rules of Engagement Impartially Observed

- the police must always adhere to the prescribed procedures in the performance of their duty

9) Reduction of Crime and Disorder

- the effectiveness of the police is measured through the ability of the police to prevent crime

10) Police Discretion

- the police must never abuse the police discretion granted to them

PNP CORE VALUES

1) Love of God

2) Respect for Authority

3) Selfless Love and Service to People

4) Sanctity of Marriage and Respect for Women

5) Responsible Dominion and Stewardship over Material Things

6) Truthfulness

POLICE OFFICER’S CREED

I believe in God, the Supreme Being, a Great Provider, and the Creator of all men and everything dear to
me. In return, I cannot less than love Him above all, seek His guidance in the performance of my sworn duties and honor
Him at all times.

I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the land and the
applicable rules and regulations. I recognize the legitimacy and authority of the leadership, and follow and obey legal
orders of my superior officers.

I believe in selfless love and service to people. Towards this end, I commit myself to the service of my
fellowmen over and above my personal convenience.

I believe in the sanctity of marriage and respect for women. I shall set the example of decency and morality
and shall have high regard for family life and chastity.

I believe in responsible dominion and stewardship over material things. I shall inhibit myself from ostentatious
display of my property. I shall protect the environment and conserve nature to maintain ecological balance. I shall
respect private and public properties and prevent others from destroying them.

I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth at all times as
required by the profession.

PNP STAND OF BASIC ISSUES

1. PNP IMAGE

 the PNP shall live in accordance with the PNP Core Values and shall possess the following virtues:

a. HONOR

b. INTEGRITY

c. VALOR

d. JUSTICE

e. HONESTY

f. HUMILITY

g. CHARITY

h. LOYALTY TO SERVICE

2. CAREER MANAGEMENT

 the PNP shall formulate and implement policies and human resources development system for all PNP
personnel, from recruitment to retirement

3. POLICE MANAGEMENT LEADERSHIP

 the primary basis for consideration in the selection of personnel for employment and deployment shall be the
individual’s capabilities and competent leadership
4. EQUALITY IN THE SERVICE

 there shall be judicious and equitable distribution of opportunity to prove one’s worth in the PNP service;

 the PNP shall strictly adhere to the rule of merit and fitness system

5. DELICADEZA

 all members of the PNP must have moral courage to sacrifice self-interest

6. POLICE LIFESTYLE

 the PNP shall endeavor to promote a lifestyle that is acceptable and respectable in the eyes of the public
because the public expects a police officer to live a simple, yet dignified life

7) POLITICAL PATRONAGE

 all PNP members must inhibit themselves from soliciting political patronage in matters pertaining to
assignments, promotions, trainings and awards

8) HUMAN RIGHTS

 all PNP members shall respect and protect human dignity and man’s rights to life, liberty and property

POLICE PROFESSIONAL CONDUCT

1. COMMITMENT TO DEMOCRACY

 police officers must commit themselves to a democratic way of life and values and maintain the principle of
public accountability

 they shall at all times uphold the Constitution and be loyal to the legitimate government

2. COMMITMENT TO PUBLIC INTEREST

 police officers must always uphold public interest over and above personal interest

 they shall use public resources and properties economically and judiciously to avoid wastage of public funds

3. NON-PARTISANSHIP

 police officers shall provide services to everyone without discrimination regardless of political affiliation in
accordance with existing laws and regulations

4. PHYSICAL FITNESS AND HEALTH

 police officers shall strive to be physically and mentally fit and in good health at all times

5. SECRECY DISCIPLINE

 police officers shall guard the confidentiality of official information against unauthorized access and disclosure

6. SOCIAL AWARENESS

 police officers, as well as their immediate family members, shall be encouraged to actively get involved in
religious, social and civic activities to enhance the image of the PNP organization

7. NON-SOLICITATION OF PATRONAGE

 police officers shall seek self-improvement through career development without directly or indirectly soliciting
favors or recommendation from politicians, high-ranking government officials and the like
8. PROPER CARE AND USE OF PUBLIC PROPERTY

 police officers shall be responsible for the security, proper care and use of public authority issued to them for
the performance of their duties

9. RESPECT FOR HUMAN RIGHTS

 police officers shall respect and protect human rights in the performance of their duty

10. DEVOTION TO DUTY

 police officers shall perform their duties with dedication, thoroughness, efficiency, enthusiasm, determination
and manifest concern for public welfare

11. CONSERVATION OF NATURAL RESOURCES

 police officers shall help in the development and conservation of our natural resources for ecological balance
and posterity

12. DISCIPLINE

 police officers shall conduct themselves properly at all times in keeping with the rules and regulations of the
organization

13. LOYALTY

 police officers must be loyal to the Constitution and to the police service as manifested by their loyalty to their
superiors, peers and subordinates as well

14. OBEDIENCE TO SUPERIORS

 police officers shall obey lawful orders and be courteous to superior officers and other appropriate authorities

15. COMMAND RESPONSIBILITY

 immediate commanders shall be responsible for the effective supervision, control and direction of their
personnel

ETHICAL STANDARDS

 shall refer to established and generally accepted moral values and ethical acts

1. MORALITY

 police officers must adhere to high standard of morality and decency and shall set good example for others

2. JUDICIOUS USE OF AUTHORITY

 police officers shall exercise proper and legitimate use of authority and discretion in the performance of their
duty

3. INTEGRITY

 police officers shall not allow themselves to be victims of corruption and dishonest practices

4. JUSTICE

 police officers shall strive constantly to respect the rights of others

5. HUMILITY
  police officers shall recognize the fact that they are public servants and not the masters of the people

 they should perform their duties without arrogance

 they should recognize their own inadequacies, inabilities and limitations as individuals

 they should perform their duties without attracting attention or expecting the applause of others

6. ORDERLINESS

 police officers shall follow logical procedures in accomplishing tasks assigned to them to minimize wasted time
and resources

7) PERSEVERANCE

- police officers must exert all efforts to achieve their goal or mission even in the face of difficulties and obstacles

PNP CUSTOMS AND TRADITIONS

CUSTOMS

 established usage or social practices carried on by tradition that have obtained the force of law

PNP CUSTOMS ON COURTESY

 a manifestation or expression of consideration and respect for others

SALUTE

 the usual greeting rendered by uniformed personnel upon meeting and recognizing persons entitled to it

SALUTE TO NATIONAL COLOR AND STANDARD

 police officers must stand at attention and salute the national color and standard as it passes by them or when
the national color is raised or lowered during ceremonies

ADDRESS/TITLE

 junior in rank must address senior members who are entitled to a salute with the “Sir” or “Ma’am”

COURTESY CALLS

1. COURTESY CALL OF NEWLY-ASSIGNED/APPOINTED MEMBER

 PNP members who are newly-assigned or appointed to a unit or command must call on the chief of the unit or
command and to other key personnel for accounting, orientation and other purposes

2. CHRISTMAS CALL

 PNP members pay a Christmas call on their local executives in their respective area of responsibility

3. NEW YEAR’S CALL

 PNP members pay a New Year’s call on their commanders and/or key officials in their respective area of
responsibility

4. PROMOTION CALL

 newly-promoted PNP members call on their unit head

5. EXIT CALL
  PNP members pay an exit call on their superiors in the unit or command when relieved or reassigned out of said
unit or command

COURTESY OF THE POST

 the host unit extends hospitality to visiting personnel who pay respect to the command or unit

“RANK-HAS-ITS-OWN-PRIVILEGE”

 PNP members must acknowledge that different ranks carry with them corresponding privileges

CEREMONY

 a formal act or set of formal acts established by customs or authority as proper to special occasion

PNP CUSTOMS ON CEREMONIES

FLAG-RAISING CEREMONY

 PNP members honor the flag by raising it and singing the National Anthem before the start of the official day’s
work

FLAG-RETREAT CEREMONY

 PNP members salute the lowering of the flag at the end of the official day’s work

HALF-MAST

 the flag is raised at half-mast in deference to deceased uniformed members of the command

FUNERAL SERVICE AND HONORS

 departed uniformed members, retirees, war veterans or former PNP members are given vigil, necrological
services and graveside honors

CEREMONY TENDERED TO RETIREES

 in recognition of their long, faithful and honorable service to the PNP, a testimonial activity shall be tendered in
their honor

HONOR CEREMONIES

 arrival and departure honor ceremonies are rendered to visiting dignitaries, VIPs, PNP officers with the rank of
Chief Superintendent and above and AFP officers of equivalent grade

TURN-OVER CEREMONY

 the relinquishment and assumption of command or key position is publicly announced by the outgoing and
incoming officers

WEDDING CEREMONY

- during marriage of PNP members, a ceremony is conducted with participants in uniform and swords drawn

ANNIVERSARY

- the birth or institutional establishment of a command or unit is commemorated in an anniversary ceremony

SOCIAL DECORUM

 a set of norms and standards practiced by members during social and other functions
PNP CUSTOMS ON SOCIAL DECORUM

UNIFORM/APPEARANCE

 police officers must observe the following:

a. wearing of prescribed uniform

b. wearing, as part of the uniform, awards and decorations earned in accordance with the prescribed rules and
regulations

c. adherence to haircut prescribed by rules and regulations

MANNER OF WALKING

 every PNP officer is expected to walk with pride and dignity

OTHER POLICE CUSTOMS

1) Visiting the Sick

- immediate commanders or other available officers of the unit visit PNP members who are sick in the hospital,
their residence or any place of confinement in order that their needs are attended to

2) Survivor Assistance to Heirs of Deceased Members

- a survivor officer is designated whenever PNP members die, to render maximum assistance to their bereaved
family until all benefits due shall have been received

3) Visiting Religious Leaders

- PNP officer visit religious leaders in their areas of assignment to establish or maintain rapport and cooperation
between the different religious leaders and the PNP

4) Athletics

- 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 chest and in conformity with
the standard set forth by the organization

5) Happy Hours

- usually on Friday, or any other day suitable for the occasion, PNP members gather together at their PNP Club for
a light-hearted jesting or airing of minor gripes

TRADITION

 bodies of beliefs, stories, customs and usages handed down from generation to generation with the 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

POLICE OFFICER’S PLEDGE

1) I will love and serve God, my country and people;

2) I will uphold the Constitution and obey legal orders of the duly-constituted authorities

3) I will oblige myself to maintain a high standard of morality and professionalism

4) I will respect the customs and traditions of the police service; and

5) I will live a decent and virtuous life and to serve as an example to others.

PART THREE - POLICE-COMMUNITY RELATIONS (PCR)

BACKGROUND ON POLICE-COMMUNITY RELATIONS

Section 2 of Republic Act No 6975 reads:

SECTION 2. Declaration of Policy. — It is hereby declared to be the policy of the State to promote peace and order,
ensure public safety and further strengthen local government capability aimed towards the effective delivery of the
basic services to the citizenry through the establishment of a highly efficient and competent police force that is national
in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and cooperation
among the citizenry, local executives and the integrated law enforcement and public safety agencies created under
this Act.

Said provision was later amended by RA 8551, which reads:

Section 2. Declaration of Policy and Principles. — It is hereby declared the policy of the State to establish a highly
efficient and competent police force which is national in scope and civilian in character administered and controlled by a
national police commission.
The Philippine National Police (PNP) shall be a community and service oriented agency responsible for the maintenance
of peace and order and public safety.

PNP VISION

The Men and Women of the PNP is committed to a vision of a professional, dynamic and highly motivated
Philippine National Police working in partnership with a responsive community towards the attainment of a safe place
to live, work, invest and do business with.

PNP MISSION

To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure public safety and
internal security with the active support of the community

IMPORTANT TERMS

POLICE

- a group of persons established, maintained and organized for keeping order, safety, protection of lives and
property and for prevention and detection of crimes

COMMUNITY

- refers to the civilian populace or the public in general, and shall be used interchangeably with the terms, public,
citizenry, society and private sector

- a body of people organized into political, municipal or social unity or a body of persons living in the same
locality

- derived from the Latin words, communis, which means common, and tatis which means fellowship

POLICE-COMMUNITY RELATIONS

- the sum total of the dealings between the police and the people it serves, and whose goodwill and
cooperation it craves, for the greatest possible efficiency in the service

- refers to the reciprocal attitudes of the police and the community

PUBLIC RELATIONS

- the act of bringing about better understanding, confidence and acceptance for an individual or an organization

POLICE PUBLIC RELATIONS

- the continuing process by which endeavors are made to obtain the goodwill and cooperation of the
public for effective enforcement of the law and accomplishment of the police purposes

HUMAN RELATIONS

- consist of the fundamental rules both moral and legal, which govern the relationship of men in all
aspects of life

MEDIA/MASS MEDIA

- the channels through which information is disseminated to the public

- may be in the form of television, movies, radio or newspaper, and the like
PROPAGANDA

- the planned use of mass communication for public purpose

POLICE PUBLIC IMAGE

- refers to how the people in the community perceive or regard the police

PRINCIPLES OF POLICING BY SIR ROBERT PEEL

1) The basic mission for which police exist is to prevent crime and disorder as an alternative to the repression of
crime and disorder by military force and severity of legal punishment.

2) The ability of the police to perform their duties is dependent upon public approval of police existence, actions,
and behavior and the ability of the police to secure and maintain public respect.

3) The police must secure the willing cooperation of the public in voluntary observance of the law to be able to
secure and maintain public respect.

4) The degree of the cooperation of the public that can be secured diminishes proportionately the necessity for the
use of physical force and the compulsion in achieving police objectives.

5) The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating
absolutely impartial service to the law, in complete independence of policy, and without regard to the justice or injustice
of the substance of individual laws; by ready offering of individual service and friendship to all members of society
without regard to their race or social standing, by ready exercise of courtesy and friendly good humor, and by ready
offering of individual sacrifice in protecting and preserving life.

6) The police should use physical force to the extent necessary to secure observance of the law or to restore order
only when the exercise of persuasion, advice and warning is found to be insufficient to achieve police objectives; and
police should use only the minimum degree of physical force that is necessary on any particular occasion for achieving
police objectives.

7) The police at all times should maintain a relationship with the public that gives reality to the historic tradition
that the police are the public and the public are the police; the police are only members of the public who are paid to
give full-time attention to duties that are incumbent on every citizen in the intent of community welfare.

8) The police should always direct their actions toward their functions and never appear to usurp the powers of the
judiciary by avenging individuals or the state, or authoritatively judging guilt or punishing the guilty.

9) The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in
dealing with them.

FOUNDATION OF COMMUNITY RELATIONS

The foundation of community relations is EFFICIENT SERVICE.

REQUIREMENTS FOR GOOD COMMUNITY RELATIONS

1. Sincerity in serving the public

2. Full knowledge of the job

3. Deep conviction in the mobility of his work as a necessary service to promote individual or national welfare

4) Sound police ethics

5. High standard of management and operation

THREE (3) ASPECTS OF POLICE-COMMUNITY RELATIONS

1. COMMUNITY SERVICE

- activities that provide service to the community

may be in the form of medical-dental mission, sports clinic, feeding programs, seminars, etc

2. COMMUNITY PARTICIPATION

- involvement of the community in the various social projects, particularly, in the area of crime prevention

- awareness of the community of their role in crime prevention

3. PUBLIC RELATIONS

- activities directed at creating and maintaining favorable impressions to the public

- projection of the police public image to the people to gain their support and cooperation

OBJECTIVES OF POLICE-COMMUNITY RELATIONS

1. To maintain and develop the goodwill and confidence of the community for the police;

2. To obtain cooperation and assistance;

3. To develop public understanding and support and appreciation for the service of the police;

4. To create broader understanding and sympathy with the problems and needs of the police;

5. To facilitate law enforcement and compliance;

6. To build public opinion in favor of the police;

7. To achieve the police purpose of preserving the peace, protection of life and property, and the prevention of
crime.

PRINCIPLES OF POLICE-COMMUNITY RELATIONS

1. Community support must be maintained.

2) Community resentment must be avoided.

3. Community goodwill must be developed.

4) Community must be kept informed.

FOUR (4) GENERAL APPROACHES IN POLICE-COMMUNITY RELATIONS

1. Externally-Oriented Approach

- directed towards the general public or various enclaves within the society

2. Youth-Oriented Approach

- directed the majority of police efforts towards the youth of the community

3. Service-Oriented Approach

- emphasis is given to the alleviation of social problems as the basic objective of the program

4. Internally-Oriented Approach
- essential characteristics is the realization that the officer on beat creates community relations because “Every
officer of the organization is a police-community relations officer

TYPES OF POLICE-COMMUNITY RELATIONS

1. Public Information Program

- designed to bridge the communication gap between the police and the public

Forms of Media Used:

a) Personal Media

- consists of face-to-face communication, such as meetings, rallies, delivering speeches and house-to-
house visitation

b) Mass Media

- include printed matter and audio-visual communications

2) Public Relations Program

- designed to maintain harmony and mutual support between the police and the community

- designed to “sell” the police to the public

3. Civic Action Program

- designed to maintain and encourage community development

4) Psychological Program

- designed to condition both friendly and hostile public, ensuring the facilitation of the attainment of
police objectives

DUTIES OF PUBLIC RELATIONS OFFICER

1) He shall issue press releases from time to time regarding police activities which are of public concern;

2) He shall build good image through actual commendable performance, without inefficiency and corruption; and

3) He shall evaluate public opinion and attitude with respect to policies, methods and personnel of the police
station.

DUTIES OF CIVIC ACTION OFFICER

1) He shall encourage and actively participate in athletic competitions to promote youth development by wisely
coordinating with the social elements of the populace;

2) He shall initiate fund-raising campaigns for juvenile delinquents who are being rehabilitated;

3) He shall be alert to safeguard the community against loss and damages to properties and possible death, in the
events of calamity;

4) He shall render possible assistance, especially to the men folk in enabling them to obtain the means of
productive endeavors and discourage them from loitering in the street or engaging uneconomic activities, such as
illegal gambling and others
MEASURES TO ENHANCE POLICE PUBLIC IMAGE

1) increased police visibility through the dispersal of personnel from the headquarters to the field offices;

2) efficient and optimized delivery of police services to the communities;

3) constant dialogue and meetings with the barangay officials in their respective territorial jurisdictions;

4) Community service-oriented policing by conducting seminars for the traffic aides, police aides and the
barangay tanod; and

5) Coordination with the media for image-enhancing projects.

 CRIM 4: Juvenile Delinquency and Crime Prevention

JUVENILE DELINQUENCY

 an anti-social behavior or act which does not conform with the standards of society

 youth behavior which is against the norms and regulations of society which if left unchecked would give rise to
criminality

 describes a large number of disapproved behavior of children or youth

 anti-social acts or behavior of children which deviate from the normal pattern of rules and regulations, custom
and culture which society does not accept and which therefore justify some kind of admonition, punishment or
corrective measures in the public interest

JUVENILE

 a child or a young person, who, under the legal system may be dealt with for an offense in a manner different
from that of an adult

 persons below the age of majority, that is, below eighteen years old

AGE OF MAJORITY

 majority commences at the age of eighteen (18) years

EMANCIPATION

 freedom from parental authority, both over his person and property

 happens upon reaching the age of eighteen years

RA 6809

 the law amending the age of majority

 lowered the age of majority from twenty-one (21) to eighteen (18) years

 approved on 13 December 1989

DELINQUENT

 one whose behavior has brought him into repeated conflict with the law regardless whether he has been taken
before a court and adjudged a delinquent

 one who has committed an offense that violated the approved norms of conduct and is guilty of a misdeed

STATUS OFFENSE

 certain acts or omissions which may not be punishable socially or legally if committed by adults but become
anti-social or illegal because the offender is a minor, such as:

a. truancy, or frequent, unreasonable absenteeism from school

b. use of profane language

c. running away from home

d. smoking and drinking alcoholic beverages

e. disobedience to parents, guardians or school officials

f. mendicancy or begging in the streets

g. association with delinquent gangs

ANTI-SOCIAL BEHAVIOR

 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

1. ENVIRONMENTAL DELINQUENTS

 characterized by occasional law-breaking

2. EMOTIONALLY MALADJUSTED DELINQUENTS

 characterized by chronic law-breaking, a habit which this type cannot avoid or escape from

3. PSYCHIATRIC DELINQUENTS

 characterized by serious emotional disturbances within the individual and in some cases associated with
tendencies towards mental illness

TYPES OF DELINQUENT YOUTH

1. SOCIAL

 an aggressive youth who resents authority of anyone who makes an effort to control his behavior

2. NEUROTIC

 one who has internalized his conflicts and is preoccupied with his own feelings

3. ASOCIAL

 one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels no remorse

4. ACCIDENTAL

 one who is essentially sociable and law-abiding but happens to be at the wrong time and place and becomes
involved in delinquent acts not typical of his general behavior
DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

1. BIOGENIC APPROACH

 gives an explanation that law violations and delinquency are a result of some physical defects

2. PSYCHOGENIC APPROACH

 argues that the critical factors in delinquency are personality problems to which misbehavior is presumed to be
the response

3. SOCIOGENIC APPROACH

 attributes delinquency pattern to social structures

 views youthful misdeed as a result of a learning process through interactions with other members of society

DIFFERENT THEORIES CONCERNING DELINQUENCY

CHOICE THEORY

 based on the classical school of criminology that views an individual as having free will in choosing his actions
and that he calculates what he will gain or lose if he commits an act

 views the delinquent as a motivated offender who breaks the law because he or she perceives an abundance of
benefits and an absence of threat

BIOSOCIAL OR TRAIT THEORIES

 based on the view that both thought and behavior have biological and social bases

 contemporary explanation of the biogenic approach

 has three sub-theories: biochemical, neurological and genetics

1. BIOCHEMICAL

 views that crime and delinquency, especially violence, are the result of diet, vitamin intake, hormonal imbalance
and other biological causes

2. NEUROLOGICAL

 explains that crime and delinquency occur because the individual suffers from brain impairment or abnormality
in the structure of the brain

 learning disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction are related to
antisocial behavior

3. GENETIC

 explains that delinquent traits and predisposition to criminality are inherited from parents

 criminality of parents can predict delinquency of children

 supported by research on twin studies and adoption studies

PSYCHOLOGICAL THEORIES

 views delinquency as a result of emotional and mental disturbance of the individual

 contemporary explanation of the psychogenic approach

 has three sub-theories: psychodynamic, behavioral and cognitive

1. PSYCHODYNAMIC THEORY

 based on the psychoanalytic theory of Sigmund Freud

 delinquency is the result of the imbalance of the three components of personality: id, ego and superego

 delinquency is the product of the abnormal personality structure formed in early life and which thereafter
controls human behavior choices

2. BEHAVIORAL THEORY

 believes that individuals learn by observing how people react to their behavior

 behavior is reinforced by some positive reaction, and behavior is extinguished if punished

 misbehavior of children if left unchecked will persist until adolescence

3. COGNITIVE THEORY

 views that delinquency is a result of the faulty perception and analysis of data of an individual

 believes that when an individual make decisions, he engages in a sequence of cognitive thought processes:

1) he first encodes the information so that it can be interpreted;

2) then, he searches for a proper response and decide upon the most appropriate action;

3) finally, he acts on his decision

 delinquency-prone adolescents may have cognitive deficits and use information incorrectly when they make
decisions

SOCIOLOGICAL THEORIES

 views delinquency as a product of the different social factors and dynamics

 has four groups of theories which in turn contain several sub-theories: social structure theories, social process
theories, social reaction theories and social conflict theories

1. SOCIAL STRUCTURE THEORIES

 hold that delinquency is a function of a person’s place in the economic structure

2. SOCIAL PROCESS THEORIES

 view delinquency as a result of poor or faulty socialization or upbringing

3. SOCIAL REACTION THEORIES

 view delinquent acts and criminality as products of stigma and labeling

4. SOCIAL CONFLICT THEORIES

 hold that delinquent behavior is a product of economic inequality

CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY

1) FAMILY

- the first and most basic institution of society responsible for developing a child’s potential in all its aspects like
physical, emotional, spiritual, moral, intellectual and social

- molds the child to learn to curb his desires and to accept rules that define the time, place and circumstances
under which highly personal needs may be satisfied in socially acceptable ways

TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY

- consists of father, mother and children

2) EXTENDED FAMILY

- consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews and nieces, and in-laws

Ideally, a home must have the following:

a) structural completeness

- presence of both father and mother

b) economic security

- capability to provide for the basic needs and wants

c) cultural conformity

- typical family beliefs and practices

d) moral conformity

- moral uprightness, Christian way of living

e) physical and psychological normalcy

f) emotional adequacy

- affection, support, love and care between faulty members

Factors in the home life that may cause delinquency:

a) faulty development of the child

b) lack of parental guidance

c) parental rejection

d) broken homes

e) lack of love

f) unfair treatment

g) too harsh discipline by either or both parents

h) too much leniency by either or both parents

i) unfavorable parental example

2) SCHOOL

- considered the second home of a child, with teachers as the second parents institution responsible for the
training of young person’s intellectual, moral, as well as social skills which they need for them to grow up as productive,
law-abiding and responsible citizens

Instances of deviant conduct attributed to school inadequacy:

a. failure of teachers to detect and address problems of children and report such problems to the parents

b. poor academic atmosphere

c. membership in school gangs or development of friendships with the wrong crowd

d. lack of facilities for curricular and extra-curricular activities

e. failure of teachers in character development of the students

f. failure to actually finish school, resulting to being out-of-school youths with a lot of time to waste and do
unproductive activities

g. failure to get gainful employment due to lack of sufficient education

3) ENVIRONMENT

- the culture, norms and behavior of the child’s surroundings may very well influence the upbringing of the child
especially during their formative years and such misbehavior learned is likely to be carried on until the child’s maturity

Some of the behavior modification by means of imitation as brought about by environmental influence:

a. rampant drug addiction

b. vices such as gambling and drinking alcoholic beverages

c. association with criminal groups or gangs

d. too much exposure to sex and violence in movies, television, print and internet

HISTORY OF JUVENILE JUSTICE

The modern practice of legally separating adult and juvenile offenders can be traced back to two developments
in English custom and law that occurred centuries ago: the development of POOR LAWS and the creation of the English
CHANCERY COURTS. Both were designed to allow the state to take control of the lives of needy but not necessarily
criminal children. This system was brought to the United States where it was developed further until later it became the
basis of the juvenile justice system in the Philippines.

ENGLISH SYSTEM

POOR LAWS

 in 1535, statutes which mandated the appointed of overseers who placed destitute or neglected children with
families who then trained them in agricultural, trade or domestic services; this practice is called indenture

 in 1601, a system was created wherein church workers with the consent of justice of the peace identified
vagrant, delinquent and neglected children and took measures to put them to work; these children were placed
in workhouses until their adulthood
CHANCERY COURTS

 protected the property rights and welfare of minor children who could not care for themselves

 the courts dealt with issues of guardianship and the use and control of property

 the courts operated under the parens patriae philosophy which held that children were under the protective
control of the state

AMERICAN SYSTEM

 the practice of indenture and chancery courts in England were adopted by the states of Virginia, Connecticut
and Massachusetts, however, those youths who committed serious criminal offenses continued to be tried in
the same courts as adults

 middle-class civic leaders, who referred to themselves as CHILD SAVERS began to develop organizations and
groups to help alleviate the burdens of the poor and immigrants by sponsoring shelter care for youths,
educational and social activities and the development of settlement houses; this was called the CHILD SAVING
MOVEMENT

 they are responsible for creating a number of programs for indigent youths, including the New York House of
Refuge, a reformatory, which began operations in 1825

 the House of Refuge was created to protect indigent youths who were at risk to crime by taking them off the
streets and reforming them in a family-like environment

 the first comprehensive juvenile court was established in Illinois in 1899 through the passage of the Illinois
Juvenile Court Act of 1899 which set up an independent court to handle criminal law violations by children
under sixteen (16) years of age, as well as to care for neglected, dependent, and wayward youths

 the purpose of the act was to separate juveniles from adult offenders and provide a legal framework in which
juveniles could get adequate care and custody

 Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 to identify the needs of youths
and to fund programs in the juvenile justice system

 its main goal was to separate wayward, non-dangerous youths from institutions housing delinquents and to
remove adolescents from institutions housing adult offenders

JUVENILE COURT

 a court that has original jurisdiction over persons defined by statute as juveniles and alleged to be delinquents
or status offenders

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

1. PD 603 – Child and Youth Welfare Code

2. Ra 7610 – Anti-Child Abuse Law

3. RA 6809 – law amending the age of majority

4. RA 8552 AND RA 8043 – laws on adoption

5. RA 9208 – Anti-Trafficking in Persons Act

6. RA 9231 – law amending RA 7610 on working children

7. RA 9255 – law on the use of father’s surname of

illegitimate children

8. RA 9262 – Anti-Violence Against Women and their Children

9. RA 9523 – law amending the laws on adoption

10. RA 9344 - Juvenile Justice and Welfare Act

11. RA 9775 – Anti-Child Pornography Act

IMPORTANT PROVISIONS OF PD 603

PD 603 – THE CHILD AND YOUTH WELFARE CODE

 approved on 10 December 1974

 effectivity date is 10 June 1975 (six months after approval)

 shall apply to persons under eighteen (18) years of age

PARENTAL AUTHORITY (PATRIA POTESTAS)

 the sum total of the rights of the parents over the person and property of their child

 the exercise of which has no distinction between a legitimate and an illegitimate child

 the father and the mother shall exercise jointly just and reasonable parental authority and responsibility over
their legitimate or adopted children

 in case of death of either parent, the surviving parent shall exercise sole parental authority

 in case of disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary

PARENTAL RESPONSIBILITY

 the sum total of the duties and obligations of parents over their minor children

LIABILITIES OF PARENTS

 parents and guardians are responsible for the damage or injury caused by the child under their parental
authority

LEGAL CUSTODY

 in case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated from his mother
unless the court decides otherwise

GUARDIANSHIP

 a trust relation of the most sacred character, in which one person, called a guardian, acts for another, called a
ward, regarded as incapable of managing his own affairs

SUBSTITUTE PARENTAL AUTHORITY

 in case of absence or death of both parents, substitute parental authority shall be given to the following, in
order of priority:

1. grandparents

2. oldest brother or sister at least 21 years of age

3. relative who has actual custody of the child/guardian duly appointed by the court
COMMENCEMENT OF CIVIL PERSONALITY

 the CIVIL PERSONALITY of the child shall commence from the MOMENT OF CONCEPTION

CONCEPTION

 the start of life

 the union of the sperm cell and the egg cell

 also called the process of fertilization

CIVIL PERSONALITY

 pertains to the identity and recognition of an individual as person having rights

 shall commence from the moment of conception, thus all children shall have the right to be born and the right
to live

ABORTION

 the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

1. CRIMINAL ABORTION

 classified as intentional or unintentional as provided by the Revised Penal Code

 punishable by law

2. THERAPEUTIC ABORTION

 recommended and performed by a certified physician when there are health risks and complications

 not punishable by law

CATEGORIES OF CHILDREN

1. DEPENDENT

 one who is without a parent, guardian or custodian, or whose parents, guardian or other custodian for good
cause desire to be relieved of his care and custody and is dependent upon the public for support

2. ABANDONED

 one who had no proper parental care or guardianship or whose parents or guardians have deserted him for a
period of at least six consecutive months (PD 603)

 refers to a child who has no proper parental care or guardianship, or whose parents have deserted him or her
for a period of at least three (3) continuous months (RA 9523

3. NEGLECTED

 one whose basic needs have been deliberately unattended or inadequately attended

 a child is unattended when left by himself without provision for his needs and without proper supervision

 neglect may occur in two ways:

a. physical neglect

 Malnourishment, untidy and damaged clothing, no shelter

b. emotional neglect

 maltreated, raped, seduced, abused, exploited, made to work under conditions not conducive to good
health or placed in moral and physical danger

4. MENTALLY-RETARDED

 socially incompetent, socially inadequate, occupationally incompetent and unable to manage their own affairs

 mentally sub-normal

 retarded intellectually from birth or early age

 retarded at maturity

 mentally deficient as a result of constitutional origin through heredity or disease

 essentially incurable

5. PHYSICALLY-HANDICAPPED

 crippled, deaf-mute, blind and other conditions which restrict their means of action or communication with
others

6. EMOTIONALLY-DISTURBED

 those who, although not afflicted with insanity or mental defect, are unable to maintain normal social relations
with others and the community in general due to emotional problems or complexes

 may be caused by traumatic experiences

7. MENTALLY-ILL

 those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to
require professional help or hospitalization

8. DISABLED

 includes mentally-retarded, physically-handicapped, emotionally-disturbed and mentally-ill children

IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION

 an act by which relations of paternity and filiations are recognized as legally existing between persons not so
related by nature

 the taking into one’s family of the child of another, as son or daughter and heir, and conferring on it a title to the
rights and privileges of such

FILIATION

 the acknowledgment of the father of his relationship with the child

 also called paternity

BIOLOGICAL CHILD

 natural-born child of the parents

ADOPTED CHILD

 a child who underwent the judicial process of adoption

FOUNDLING

 refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

 approved on 25 February 1998

ADOPTER

 the person adopting or petitioning for the adoption of a child

ADOPTEE

 the child or person being petitioned for adoption

CHILD LEGALLY AVAILABLE FOR ADOPTION

 a child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental authority of his or her biological parents or guardians
or adopter, in case of rescission

 refers to a child in whose favor a certification was issued by the DSWD that he or she is legally available for
adoption after the fact of abandonment or neglect has been proven through the submission of pertinent
documents, or one who was voluntarily committed by his or her parents or legal guardian (RA 9523)

VOLUNTARILY-COMMITTED CHILD

 one whose parents or legal guardian knowingly and willing fully relinquished parental authority to the DSWD or
any duly accredited child-placement or child caring agency or institution

CHILD-CARING AGENCY OR INSTITUTION

 refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-four (24)
hour residential care services for abandoned, neglected, or voluntarily committed children (RA 9523)

CHILD-PLACING AGENCY OR INSTITUTION

 refers to a private non-profit institution or government agency duly accredited by the DSWD that receives and
processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster
care or adoption

WHO MAY ADOPT:

1. any Filipino citizen of legal age at least sixteen (16) years older than the adoptee unless the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee’s biological parent

2. any alien possessing the same qualifications as that of a Filipino citizen, who has been living in the Philippines for
at least three (3) consecutive years, and whose country has diplomatic relations with the Philippines
WHO MAY ADOPTED:

1. any person below eighteen (18) years of age judicially declared available for adoption

2. the legitimate son or daughter of one spouse by the other spouse

3. an illegitimate son or daughter by a qualified adopter to improve his or her status to that of legitimacy

4. a person of legal age if prior to the adoption, said person has been consistently considered and treated by the
adopter as his or her own child since minority

5. a child whose adoption has been previously rescinded

6. a child whose biological or adoptive parents has died, but proceedings may only be initiated after six (6) months
from the time of the death of the parents

SUPERVISED TRIAL CUSTODY

 a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter
and adoptee in stabilizing their filial relationship

 the period is at least six (6) months

RESCISSION OF ADOPTION

 the nullification of the adoption

 adoption shall not be subject to rescission by the adopter

GROUNDS FOR RESCISSION OF ADOPTION

1. repeated physical and verbal maltreatment by the adopter despite having undergone counseling

2. attempt on the life of the adoptee

3. sexual assault or violence

4. abandonment and failure to comply with parental obligations

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

 approved on 7 June 1995

INTER-COUNTRY ADOPTION

 the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial custody is undertaken and the decree of adoption is
issued outside the Philippines

INTER-COUNTRY ADOPTION BOARD

 acts as the central authority in matters relating to inter-country adoption

 shall act as the policy-making body for purposes of carrying out the provisions of RA 8043, in consultation and
coordination with the DSWD

 headed by the Secretary of the DSWD as ex officio chairman and six (6) members to be appointed by the
President, with a term of office of six (6) years
WHO MAY ADOPT:

1. any alien or a Filipino citizen permanently residing abroad

2. at least twenty-seven (27) years of age

3. at least sixteen (16) years older than the adoptee unless the adopter is the parent by nature of the adoptee or
the spouse of such parent

4. coming from a country with whom the Philippines has diplomatic relations

5. possesses all the qualifications provided in other applicable Philippine laws

WHERE TO FILE APPLICATION

 shall be filed either with:

a. the Philippine Regional Trial Court; or

b. the Inter-Country Adoption Board, through an intermediate agency in the country of the prospective adoptive
parents

SUPERVISED TRIAL CUSTODY

 shall be at least six (6) months

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification declaring a child legally available for
adoption

 amended provisions of RA 8552 and RA 8043

 approved on 12 March 2009

IMPORTANT PROVISIONS OF RA 7610

RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

 approved on 17 June 1992

 this law is also commonly referred to as the Anti-Child Abuse Act

RA 7658 – amendatory law to RA 7610

 approved on 9 November 1993

 this law amended the provisions of RA 7610 regarding working children

 this law was further amended by RA 9231

CHILD ABUSE

 refers to maltreatment, whether habitual or not, of the child

FORMS OF CHILD ABUSE

1. CRUELTY – refers to any word or deed which debases, degrades or demeans the intrinsic worth and dignity of
the child as human being

2. PHYSICAL INJURY – includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe
injuries, or serious bodily harm suffered by a child

3. PSYCHOLOGICAL INJURY – means harm to a child’ psychological or intellectual functioning which may be
exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior

4. NEGLECT – means failure to provide, for reasons other than poverty, the basic needs of the child, such as food,
clothing, medical care, shelter and basic education

5. SEXUAL ABUSE – includes the employment, use, inducement or coercion of a child to engage in sexual
intercourse or lascivious conduct; the molestation, prostitution and or incest with children

CHILD PROSTITUTION

 exploitation of children, whether male or female, by coercing them into indulging in sexual intercourse or
lascivious conduct for money, profit or any other consideration

WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION:

1. those who engage in or promote, facilitate or induce child prostitution, such as:

a. those acting as procurer of a child prostitute

b. parents, guardians, or relatives who knowingly allow or coerce their children or ward into prostitution

2. those who commit the act of sexual intercourse or lascivious conduct with a child exploited in child prostitution,
such as:

a. clients of child prostitutes

3. those who derive profit or advantage there from, such as:

a. managers or owners of the establishment where the prostitution takes place

OBSCENE PUBLICATIONS AND INDECENT SHOWS

 the use, hiring, employment and coercing of children as performers, actors or models for obscene exhibitions
and indecent shows, whether live or in video, or in printed pornographic materials

CHILDREN AS ZONES OF PEACE

 children shall not be the object of attack in situations of armed conflict

 they shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading
treatment

 children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units,
nor be allowed to take part in the fighting, or used as guides, couriers or spies

 children shall be given priority during evacuation as a result of armed conflict

IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003

 approved on 26 May 2003

TRAFFICKING IN PERSONS

 the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent
or knowledge within or across national borders by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or prostitution, taking advantage of the vulnerability of the person,
or giving or receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs

 the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also
be considered as “trafficking in person” even if it does not involve any of the means set forth in the preceding
paragraph

QUALIFIED TRAFFICKING IN PERSON

1. When the trafficked person is a child;

2. When the adoption is effected through RA 8043 and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

3. When the offender is an ascendant, parent, sibling, guardian or a person who exercised authority over the
trafficked person or when the offense is committed by a public officer or employee

FORCED LABOR AND SLAVERY

 refers to the extraction of work or services from any person by means of enticement, violence, intimidation or
threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-
bondage or deception

SEX TOURISM

 refers to a program organized by travel and tourism related establishments and individuals which consist of
tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists

PORNOGRAPHY

 refers to any representation, through publication, exhibition, cinematography, indecent shows, information
technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes

DEBT BONDAGE

 refers to pledging by the debtor of his or her personal services or labor or those of a person under his or her
control as security or payment for a debt, when the length and nature of services are not clearly defined or
when the value of the services as reasonably assessed is not applied toward the liquidation of debt
IMPORTANT PROVISIONS OF RA 9231

RA 9231 - the law prohibiting the worst forms of child labor

 amendatory law to RA 7160 and RA 7658

 amended the provisions of RA 7160 regarding working children

 approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:

1. When a child works directly under sole responsibility of his parents or legal guardian and where only members
of the employer’s family are employed

2. Where a child’s employment or participation in public entertainment or information through cinema, theatre,
radio or television is essential, with the approval of the Department of Labor and Employment (DOLE)

 it is the duty of the employer to submit to the DOLE a report of all children employed by him

 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 least elementary education, the cost of which shall be a part of the domestic’s compensation

WORK PERMIT OF WORKING CHILDREN

 it shall be the duty of the employer to secure permit from the DOLE of working children employed by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

 the contract shall be signed by the working child’s parent or legal guardian, with the express agreement of the
child

WORKING HOURS

If the child is under 15:

 may work for maximum of four (4) hours a day, twenty (20) hours a week

 may work between six o’clock in the morning to eight o’clock in the evening (6am to 8pm)

If the child is 15 but under 18:

 may work for maximum of eight (8) hours a day, forty (40) hours a week

 may work between six o’clock in the morning to ten o’clock in the evening (6am to 10pm)

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS

 no child shall be employed as a model in any advertisement directly or indirectly promoting the following:

a. alcoholic beverages

b. intoxicating drinks

c. tobacco and cigarettes

d. gambling

e. any form of violence or pornography

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

 approved on 8 March 2004

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 woman with whom the person has or had a sexual or dating relations, or with whom he has a common
child, or against her child, whether legitimate or illegitimate, within or without the family abode, which result in
or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty

PHYSICAL VIOLENCE

 refers to acts that include bodily or physical harm

SEXUAL VIOLENCE

 refers to an act which is sexual in nature, committed against a woman or her child

PSYCHOLOGICAL VIOLENCE

 refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, and repeated
verbal abuse

ECONOMIC ABUSE

 refers to acts that make or attempt to make a woman financially dependent

BATTERY

 refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress

STALKING

 refers to an intentional act committed by a person who knowingly and without lawful justification follows the
woman or her child or places the woman or her child under surveillance directly or indirectly

PHILIPPINE JUVENILE JUSTICE SYSTEM

RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT OF 2006

 approved on 28 April 2006

 became effective on 20 May 2006

 repealed the provisions of the Revised Penal Code and Presidential Decree No 603 on minor offenders
IMPORTANT TERMS INTRODUCED BY RA 9344

JUVENILE JUSTICE AND WELFARE SYSTEM

 refers to a system dealing with children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth and development

RESTORATIVE JUSTICE

 refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim,
the offender and the community; seeks to obtain reparation for the victim, reconciliation of the offender, the
offended and the community and reassurance to the offender that he or she can be reintegrated into society

CHILD AT RISK

 refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family
and social circumstances

CHILD IN CONFLICT WITH THE LAW

 refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine
laws

INITIAL CONTACT WITH THE CHILD

 refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers
or private citizens

INTERVENTION

 refers to a series of activities which are designed to address issues that caused the child to commit an offense

 may take the form of an individualized treatment program which may include counseling, skills training,
education, and other activities that will enhance his or her psychological, emotional and psycho-social well-
being

DIVERSION

 refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in
conflict with the law on the basis of his or her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings

DIVERSION PROGRAM

 refers to the program that the child in conflict with the law is required to undergo after he or she is found
responsible for an offense without resorting to formal court proceedings

YOUTH DETENTION HOME

 refers to a 24-hour child-caring institution managed by accredited local government units and licensed and/or
accredited non-governmental organizations providing short-term residential care for children in conflict with
the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction

YOUTH REHABILITATION CENTER

 refers to a 24-hour residential care facility managed by the DSWD, local government units, licensed or
accredited non-governmental organizations monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

1. the right not to be imposed a sentence of capital punishment or life imprisonment

2. the right to be detained or imprisoned as a disposition of last resort, which shall be for the shortest appropriate
period of time

3. the right to be separated from adult offenders at all times: during detention, while being transported to and
from the court and while waiting for the hearing

4. the right to be detained only with other detainees of the same sex, if detention is necessary

5. the right to be searched only by a law enforcement officer of the same gender

6. the right not to be handcuffed, when such is not necessary

7. the right to have his parents or guardians present

8. the right to diversion if he or she is qualified and voluntarily avails of the same

9. the right to AUTOMATIC SUSPENSION OF SENTENCE

10. the right to probation as an alternative to imprisonment, if qualified under the Probation Law

11. the right to have the records and proceedings involving him be considered PRIVILEGED AND CONFIDENTIAL

MINIMUM AGE OF CRIMINAL RESPONSIBILITY

 a child FIFTEEN (15) YEARS OF AGE OR UNDER at the time of the commission of the offense shall be EXEMPT
from CRIMINAL LIABILITY, but he shall undergo INTERVENTION PROGRAM

 a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE shall likewise be EXEMPT
from CRIMINAL LIABILITY, if he or she acted WITHOUT DISCERNMENT, but he shall undergo INTERVENTION
PROGRAM

 however, they are exempted only from criminal liability and not from civil liability

 a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE who acted WITH
DISCERNMENT shall be subjected to the DIVERSION PROCEEDINGS and shall undergo DIVERSION PROGRAM, if
qualified

 a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE who acted WITH
DISCERNMENT and who is NOT QUALIFIED for DIVERSION, OR REFUSED to undergo DIVERSION, shall be
PROSECUTED

TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL RESPONSIBILITY

 it shall be the duty of the law enforcement officer to determine the age of the child apprehended

 if the child apprehended is FIFTEEN (15) YEARS OLD OR BELOW, the law enforcement officer MUST RELEASE
THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR GUARDIANS, OR THE CHILD’S NEAREST RELATIVE

 it shall also be the duty of the law enforcement officer to give notice to the local social welfare and development
officer as to the apprehension of the child in conflict with the law
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

 shall be instituted in local government units from the barangay to the provincial levels

 shall include community-based programs on juvenile justice and welfare

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE

 shall be instituted by the local government units through the school, youth organizations, and other concerned
agencies

 shall respond to the special needs, problems, interests and concerns of children and which offer appropriate
counseling and guidance to them and their families

 these programs shall consist of three (3) levels:

1. PRIMARY INTERVENTION

 includes general measures to promote social justice and equal opportunity, which tackle perceived root causes
of offending

2. SECONDARY INTERVENTION

 includes measures to assist children at risk

3. TERTIARY INTERVENTION

 includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent
re-offending

SYSTEM OF DIVERSION

 children in conflict with the law shall undergo diversion proceedings subject to the following conditions:

1. the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS IMPRISONMENT

2. in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS IMPRISONMENT

3. in cases where the imposable penalty exceeds six (6) years, diversion measures may be resorted to only by the
court

 the diversion proceedings shall be completed within FORTY-FIVE (45) DAYS

CONTRACT OF DIVERSION

 shall be prepared if the child:

1. is qualified for diversion; and

2. voluntarily admits the commission of the act and the parents or guardian of the child and the child himself
agrees to the diversion program

 it must be signed by the child’s parents or guardian and the authorities concerned

PROSECUTION

 a child in conflict with the law shall undergo PROSECUTION if:

1. he is not qualified for diversion

2. he is qualified for diversion but he or his parents or guardian does not agree to diversion
 3. diversion is not appropriate for the child in conflict with the law, based on the social worker’s
recommendations

CONDUCT OF PRELIMINARY INVESTIGATION

 there shall be a specially-trained prosecutor to conduct inquest, preliminary investigation and prosecution of
cases involving children in conflict with the law

 the information against the child shall be filed before the Family Court within FORTY-FIVE DAYS from the start of
the preliminary investigation

COURT PROCEEDINGS

 during trial, the court shall order:

1. the release of the child on recognizance to his or her parents and other suitable persons

2. the release of the child on bail

3. if the child is to be detained, the transfer of the child to a youth detention home

 detention of the child shall be ordered only as a last resort

AUTOMATIC SUSPENSION OF SENTENCE

 if the child in conflict with the law is found guilty of the offense charged, the court shall place the child under
suspended sentence, without need of application

 the automatic suspension of sentence may be extended until the child reaches the maximum age of TWENTY-
ONE (21) YEARS OLD

 the court shall order the detention of the child in a youth rehabilitation center where he shall undergo the
appropriate disposition measures

DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW

 upon the recommendation of the social worker who has custody of the child, the court shall DISMISS THE CASE
AGAINST THE CHILD if the court finds that the disposition measures have been fulfilled

RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO COURT

 if the court finds that the objective of the disposition measures imposed upon the child have not been fulfilled,
or if the child has willfully failed to comply with the conditions of his or her rehabilitation program, the child
shall be returned to court for the EXECUTION OF JUDGMENT

PROBATION

 a child in conflict with the law whose sentence was executed by the court upon reaching the maximum age of
TWENTY-ONE (21) shall be entitled to the benefits of probation under PD 968, the Probation Law of 1976

OFFENSES NOT APPLICABLE TO CHILDREN

 persons below eighteen (18) years old shall be exempt from prosecution for the following crimes:

1. vagrancy and prostitution under the Revised Penal Code

2. mendicancy under PD No 1563

3. sniffing of rugby under PD 1619

REPUBLIC ACT NO 10630

 amended certain provisions of Republic Act 9344

 renamed RA 9344 into An Act Establishing a Comprehensive Juvenile Justice and Welfare system, Creating the
Juvenile Justice and Welfare Council under the Department of Social Welfare and Development, Appropriating
Funds Therefor, and for Other Purposes

 transferred the administrative supervision of the Juvenile Justice and Welfare Council (JJWC) from the
Department of Justice (DOJ) to the Department of Social Welfare and Development (DSWD)

 also provided for the creation of the Regional Juvenile Justice and Welfare Council (RJJWC) in each region

 mandates the establishment of Bahay Pag-Asa and provides for its definition

BAHAY PAGASA

 refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs)
and licensed and/or accredited non-government organizations (NGOs) providing short-term residential care for
children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction

 shall be operated by a multi-disciplinary team composed of a social worker, a psychologist or mental health
professional, a medical doctor, an educational or guidance counselor and a member of a Barangay Council for
the Protection of Children (BCPC)

 shall be the responsibility of the local government units of every province and highly-urbanized cities to build,
fund and operate a Bahay Pag-asa within their jurisdiction

 every Bahay Pag-asa must have a special facility called the Intensive Juvenile Intervention and Support Center

 only CICL whose ages range from above fifteen (15) but below eighteen (18) can be admitted to Bahay Pag-asa

 even if the CICL is fifteen (15) years old or below, he may also be admitted to Bahay Pag-Asa if the social worker
believes that it is what is best for the child

 the minimum age for CICL that can be taken into the Bahay Pag-asa is twelve (12) years old

SERIOUS CRIMES COMMITTED BY CHILDREN IN CONFLICT WITH THE LAW

Crimes classified as serious crimes by RA 10630:

1. parricide;

2. murder;

3. infanticide;

4. kidnapping and serious illegal detention where the victim is killed or raped;

5. robbery with homicide;

6. robbery with rape;

7. destructive arson;

8. rape;

9. carnapping where the driver or occupant is killed or raped; and

 10. offenses under Republic Act No 9165 or the Comprehensive Dangerous Drugs Act of 2002 that are punishable by
more than twelve (12) years of imprisonment

 provides that a child who is above twelve (12) years of age up to fifteen (15) years of age who committed any
of the crimes classified as serious crime shall be deemed a neglected child and shall be mandatorily placed in
Bahay Pag-asa under its Intensive Juvenile Intervention and Support Center (Section 20-A of RA 10630

 CICL whose age is above twelve (12) but below fifteen (15) who will commit a serious crime as defined must be
taken to Bahay Pag-asa instead, despite being exempted from criminal liability

REPETITION OF OFFENSES

 a CICL whose age is above twelve (12) up to fifteen (15) years old, who had already been subjected to a
community-based intervention program for a commission of a crime and who would again commit another
crime, shall also be deemed as a neglected child and shall be mandatorily placed in Bahay Pag-asa to undergo an
intensive intervention program supervised by the DSWD (Section 20-B of RA 10630)

EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES

 any person who shall abuse his authority over a child, or who shall induce, threaten or instigate a child to
commit a crime, is punishable for the crime committed by the child and the penalty to be imposed shall be the
maximum penalty provided by law (Section 20-C of RA 10630)

VIOLATIONS OF LOCAL ORDINANCES

Section 57-A of RA 10630 exempts children from punishment for the following violations of city or municipal
ordinances:

1. curfew;

2. truancy;

3. parental disobedience;

4. smoking;

5. drinking;

6. disorderly conduct;

7. public scandal;

8. harassment;

9. drunkenness;

10. public intoxication;

11. criminal nuisance;

12. vandalism;

13. gambling;

14. mendicancy;

15. littering;

16. public urination; and

 17. trespassing.

 a child who will be violating any city or municipal ordinance related to the enumerated acts above shall be
exempt from criminal liability but an appropriate intervention program will be provided for him

in this particular instance, children who shall be caught violating city or municipal ordinances will not be called children
in conflict with the law, instead, they will be referred to as child at risk in all official documents and records
 CRIM 5: Human Behavior and Crisis Management

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

 Habitual – refers to motorized behavior usually manifested in language and emotion.

 Instinctive – are generally unlearned and simply comes out of man’s instinct which can be seen among instinct-
instinct survival behaviors.

 Symbolic – are behaviors that are usually carried out by means of unsaid words and shown through symbols or
body signs.

 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 because 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 behavior changes as a result of experience or practice.

How people interact? People intermingle by three psychological positions or behavioral patterns called ego states:

1. Parent ego state – which may be characterized as protective, idealistic, evaluative, righteous, refer to laws, rules
and standards.

2. Adult ego state – which centers more upon reason, factual, flexible, views as co-equal, worthy, and reasonable
human being.

3. Child ego state – which may be easily described as dependent, rebellious, selfish, demanding, impatient and
emotional.

Frustration in Human Behavior

Frustration refers to the situation which blocks the individual’s motivated behavior. Sustained frustration may be
characterized by anxiety, irritability, fatigue or depression.

Three Basic Forms of Conflict

1. Approach-Avoidance Conflict - occurs when an individual moves closer to a seemingly desirable object, only to have
the potentially negative consequences of contacting that object push back against the closing behavior.

2. Approach-Approach Conflict - This is a conflict resulting from the necessity of choosing between two desirable
alternatives. There are usually two desirable things wanted, but only one option can be chosen.

3. Avoidance-Avoidance Conflict - This form of conflict involves two undesirable or unattractive alternatives where a
person has to decide of choosing one of the undesirable things.

Coping Mechanism

It is defined as the way people react to frustration. People differ in the way they react to frustration. This could
be attributed to individual differences and the way people prepared in the developmental task they faced during the
early stages of their life.

Frustration Tolerance

It is the ability to withstand frustration without developing inadequate modes of response such as being
emotionally depressed or irritated, becoming neurotic, or becoming aggressive.
Broad Reactions to Frustration

 Fight – is manifested by fighting the problem in a constructive and direct way by means of breaking down the
obstacles preventing the person reaching his goals.

 Flight – it can be manifested by sulking, retreating, becoming indifferent and giving up.

Different Types of Reaction to Frustration

 Direct approach - can be seen among people who handle their problems in a very objective way. They identify
first the problem, look for the most practical and handy way to solve it, and proceeded with the constructive
manner of utilizing the solution which will produce the best results.

 Detour - when an individual realizes that in finding for the right solution of the problem, he always end up with a
negative outcome or result. Thus, he tries to make a detour or change direction first and find out if the solution
or remedy is there.

 Substitution - most of time are resulted to in handling frustration when an original plan intended to solve the
problem did not produce the intended result, thus the most practical way to face the problem, is to look for
most possible or alternative means.

 Withdrawal or retreat - is corresponding to running away from the problem or flight which to some is the safest
way.

 Developing feeling of inferiority - comes when a person is unable to hold on to any solution which gives a
positive result. Being discourage to go on working for a way to handle a frustration could result to diminishing
self-confidence, until the time when inferiority complex sets in.

 Aggression - is a negative outcome of a person's inability to handle frustration rightly. Manifestation in physical
behavior can be observed in one's negative attitudes towards life both in the personal and professional aspect.

 Use of Defense Mechanism – is the most tolerated way of handling frustration. It is a man’s last result when a
person attempts to overcome fear from an anticipated situation or event.

Defense Mechanism – is an unconscious psychological process that serves as safety valve that provides relief from
emotional conflict and anxiety.

Common Defense Mechanisms

 Displacement - strong emotion, such as anger, is displaced onto another person or object as the recipient of said
emotion (anger), rather than being focused on the person or object which originally was the cause of said
emotion.

 Rationalization - is the defense mechanism that enables individuals to justify their behavior to themselves and
others by making excuses or formulating fictitious, socially approved arguments to convince themselves and
others that their behavior is logical and acceptable

 Compensation - is the psychological defense mechanism through which people attempt to overcome the
anxiety associated with feelings of inferiority and inadequacy in one is of personality or body image, by
concentrating on another area where they can excel.

 Projection - manifest feelings and ideas which are unacceptable to the ego or the superego and are projected
onto others so that they seem to have these feelings or ideas, which free the individual from the guilt and
anxiety associated with them.
  Reaction formation - is defined as the development of a trait or traits which are the opposite of tendencies that
we do not want to recognize. The person is motivated to act in a certain way, but behaves in the opposite way.
Consequently, he is able to keep his urges and impulses under control.

 Denial – when a person uses this, he refuses to recognize and deal with reality because of strong inner needs.

 Repression – is unconscious process whereby unacceptable urges or painful traumatic experiences are
completely prevented from entering consciousness.

 Suppression - which is sometimes confused with that of repression, is a conscious activity by which an individual
attempts to forget emotionally disturbing thoughts and experiences by pushing them out of his mind.

 Identification - an individual seeks to overcome his own feelings of inadequacy, loneliness, or inferiority by
taking on the characteristics of someone who is important to him.

An example is a child who identifies with his parents who are seen as models of intelligence, strength and competence

 Substitution - through this defense mechanism, the individual seeks to overcome feelings of frustration and
anxiety by achieving alternate goals and gratifications.

 Fantasy - this is resulted to whenever unfulfilled ambitions and unconscious drives do not materialize.

 Regression – a person reverts to a pattern of feeling, thinking or behavior which was appropriate to an earlier
stage of development.

 Sublimation – is the process by which instinctual drives which consciously unacceptable are diverted into
personally and socially accepted channels. It is a positive and constructive mechanism for defending against own
unacceptable impulses and needs.

Normal Behavior

This refers to a lack of significant deviation from the average. Another possible definition is that "a normal" is
someone who conforms to the predominant behavior in a society.

Social norms – rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and
behaviors.

Abnormal Behavior

Literally means "away from the normal". It implies deviation from some clearly defined norm. In the case of
physical illness, the norm is the structural and functional integrity of the body.

BEHAVIORAL DISORDERS

I. PSYCHOSOMATIC DISORDER

A disorder in which the physical illness is considered to be highly associated with emotional factors. The
individual may not perceive that his emotional state is contributing to his physical illness.

II. NEUROSIS

Neurosis is a class of functional mental disorders involving distress but neither delusions nor hallucinations,
whereby behavior is not outside socially acceptable norms. The distinguishing feature of neurosis is a sustained
characteristic of showing anxiety, fear, endless troubles that carries significant aspects of the individual’s life.
III. ANXIETY DISORDERS

Anxiety disorders are blanket terms covering several different forms of abnormal and pathological fear and
anxiety. People experience excessive levels of the kind of negative emotions that we identify as being nervous, tense,
worried, scared, and anxious. These terms all refer to anxiety.

 Forms of Anxiety

A. Phobias

This is an intense, unrealistic fear. In this case, anxiety is focused so intensely on some objects or situations that the
individual is acutely uncomfortable around it and will often go to great pain to avoid it.

 TYPES OF PHOBIAS

 Acrophobia - high places

 Agoraphobia - open spaces and market places

 Malgophobia - pain

 Astraphobia - storms, thunder, and lightning

 Gynophobia – fear of dogs

 Hematophobia - blood

 Mysophobia - contamination or germs

 Monophobia - being alone

 Nyctophobia - darkness

 Ochlophobia - crowds

 Hydrophobia - water

 Pathophobia - disease

 Pyrophobia - fire

 Zoophobia - animals or some particular animals

B. Obsessive-Compulsive Disorders

1. Obsession – This is an anxiety provoking thought that will not go away. Thoughts and impulses which occur in the
person’s mind despite attempts to keep them out. They seem uncontrollable, as if they do not belong to the individual's
mind.

2. Compulsion – It is an urge wherein a person is compelled to perform some actions against his free will and with
duress as a result of external factors. This is an irresistible urge to engage in certain pattern of behavior.

IV. PERSONALITY DISORDERS

Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors
defined as “an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the
culture of the individual who exhibits it”. This category includes those individuals who begin to develop a maladaptive
behavior pattern early in childhood as a result of family, social, and cultural influences.
Types of Personality Disorders

1. Paranoid Personality – This is characterized by suspiciousness, hypersensitivity, rigidity, envy, excessive self-
importance, and argumentativeness plus a tendency to blame others for one's own mistakes and failures and to ascribe
evil motives to others.

2. Schizoid Personality – Individuals with this personality disorder neither deserve nor enjoy close relationship. They live
a solitary life with little interest in developing friendships. They exhibit emotional coldness, detachment, or a constricted
affect.

- characterized by a lack of interest in social relationships, a tendency towards a solitary lifestyle, secretiveness, and
emotional coldness.

3. Schizotypal Personality – Individuals with this type of personality disorder exhibit odd behaviors based on a belief in
magic or superstition and may report unusual perceptual experiences.

4. Histrionic Personality – this is characterized by attempt to be the center of attention through the use of theatrical and
self-dramatizing behavior. Sexual adjustment is poor and interpersonal relationships are stormy.

- characterized by excessive emotionality and attention-seeking, including an excessive need for approval and
inappropriate seductiveness, usually beginning in early adulthood.

5. Narcissistic Personality – Individuals with this type of personality have a pervasive sense of self-importance.

- A disorder and its derivatives can be caused by excessive praise and criticism in childhood, particularly that from
parental figures.

6. Antisocial Personality – This is characterized by a lifelong history of inability to conform to social norms. They are
irritable and aggressive" and may have repeated physical fights. These individuals also have a high prevalence of morbid
substance abuse disorders.

7. Borderline Personality – This is characterized by instability, reflected in drastic mood shifts and behavior problems.
Individuals with this type of personality are acutely sensitive to real or imagined abandonment and have a pattern of
repeated unstable but intense interpersonal relationships that alternate between extreme idealization and devaluation.
Such individuals may abuse substances or food, or be sexually promiscuous.

8. Avoidant Personality – Individuals with this personality are fearful of becoming involved with people because of
excessive fears of criticism or rejection.

9. Dependent Personality – This is characterized by inability to make even daily decisions without excessive advice and
reassurance from others and needs others to assume responsibility for most major areas of his or her life.

10. Compulsive Personality – This is characterized by excessive concern with rules, order efficiency, and work coupled
with insistence that everyone do things their way and an inability to express warm feelings.

11. Passive-Aggressive Personality – The individual with personality disorder is usually found to have overindulged in
many things during the early years to the extent that the person comes to anticipate that his needs will always be met
and gratified.

V. SCHIZOPHRENIA

- a psychotic condition marked by withdrawal from reality, indifference concerning everyday problems, and tendency to
live in a world of fantasy.

- formerly called dementia praecox by Emil Kreaplin, a German psychiatrist.

- the term schizophrenia was given by Eugene Bleuler which literally means “splitting of minds”.
Types of Schizophrenia

 Simple Schizophrenia – is characterized by a gradual decline of interest and ambition. The person withdraws
from social contacts as well as irritable and inattentive.

 Paranoid Schizophrenia – is characterized principally by delusions of persecutions and/or grandeur.

Hallucinations, usually auditory, are most of time present.

 Hebephrenic Schizophrenia – manifests severe integration of personality and can be observed through
inappropriate giggling and smiling without apparent reasons which to an untrained observer may only be
childish playfulness.

 Catatonic Schizophrenia – manifests extreme violence and shown with excessive motor activity, grimacing,
talkativeness and unpredictable emotional outburst.

Copycat Crime

Copycat crime is crime inspired by another crime that has been publicized in the news media or fictionally or
artistically represented in which the offender incorporates aspects of the original offense.

SEXUAL DEVIANCY

A sexual act that seeks gratification by means other than heterosexual relationship.

HETEROSEXUALITY – normal sexual relationship between members of the opposite sex which could lead to
reproduction.

TYPES OF SEXUAL DEVIANCY

 Homosexuality

- sexual desire towards the same sex

 Transvestitism

- obtaining sexual gratification by wearing the clothes of the opposite sex.

 Voyeurism

- obtaining sexual pleasure by watching the members of the opposite sex undressing or engaging in sexual activities.

 Exhibitionism - obtaining pleasure by exposing one’s genitals to others.

 Fetishism - obtaining sexual gratification primarily and exclusively from specific objects.

 Sadism – by inflicting pain to others

 Masochism – by inflicting pain upon themselves.

 Sodomy – sexual act through the anus of another human being.

 Froilism – a form of sexual perversion in which three (3) persons are participating in sexual act.

 Pluralism – a group participates in sexual orgies (sexual festival).

 Cunnilingus – licking of woman’s genitals

 Fellatio – sucking the penis

 Pedophilia – obtaining pleasure from sexual contact with children.

  Incest – sexual relations between persons related by blood.

 Bestiality – sexual intercourse with a living animal.

 Necrophilia – desire to engage in sexual intercourse with a dead body.

CRISIS MANAGEMENT

Crisis

This refers to unstable and dangerous social condition characterized by an impending abrupt change involving economic,
military, political, police, societal or personal affairs that is approaching emergency level event.

- came from the Greek word “CRISIS” which means to separate.

EMERGENCY

Came from the Latin word “EMERGENTIA” which means dipping; plunging. It is a sudden condition or state of affairs
calling for immediate action.

Crisis Management

It refers to the action undertaken to unify and coordinate resources and efforts to effectively and efficiently quell a given
criminal/life threatening situation.

Also defined as the expert handling of emergency or crisis to reduce or eliminate danger or damage.

EMERGENCY, CRISIS AND DISASTER DISTINGUISHED

 If the situation is still controlled and the response given is for the purpose of containing the situation from
getting out of control, then it is just an EMERGENCY.

 If the situation is already beyond normal control what is happening is already a CRISIS.

 If the effects of the crisis can no longer be controlled even by its author, it is now a DISASTER.

Types of Crisis

 Natural crisis – is typically natural disasters considered as acts of God, such as environmental phenomena as
earthquakes, volcanic eruptions, tornadoes and hurricanes, floods, landslides, tsunamis, storms, and droughts
that threaten life, property, and the environment itself.

 Man-Made Crisis

- civil disturbance, revolt, revolution, border incident, war, kidnapping, hijacking, hostage-taking, terrorists
activities, attacks on government facilities, etc.

Objectives of Crisis Management

 Resolve without further incident.

 Safety of all participants.

 Apprehension of all perpetrators.

 Accomplishment of the task within the framework of current community standard.

PURPOSE OF CRISIS MANAGEMENT:

“SALVARI VITAS” – to save lives

PHASES OF CRISIS MANAGEMENT

 Proactive Phase

- includes prediction, prevention and preparation.

 Reactive Phase

- performance, initial action, action, and post action.

LEGAL REGIMES IN DEALING WITH CRISIS

 Sec. 6, Article XVI, 1987 Constitution

- The State shall establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered and controlled by the NPOLCOM. The authority of local executives over the police units in
their jurisdiction shall be provided by law

 Sec. 444 and 445, R.A. 7160

- The mayor shall act as the deputized representative of the NAPOLCOM, which shall exercise operational
control and supervision over the local police forces in the city and municipality.

Hostage Incident

It is any incident in which people are being held by another person or persons against their will, usually by force
or coercion, and demands are being made by the hostage taker.

Characteristics of a Negotiable Incident

 There must be a need to live on the part of a hostage taker.

 There must be a threat of force on the part of the authorities.

 There must be demands by the hostage taker.

 The negotiator must be seen by the hostage taker as a person who can hurt the hostage taker but is willing to
help him.

 There must be time to negotiate.

 A reliable channel of communication must exists between the hostage taker and the negotiator.

 Both the location and the communications of the incident need to be contained in order to encourage
negotiation.

 The negotiator must be able to deal with the hostage taker making the decisions.

Hostage - Is a person held as a security for the fulfillment of certain terms

Negotiate - It means to arrange or settle by conferring or discussing.

Crisis Negotiation - means the use of communication techniques and strategies to influence a person to change his
behavior in accordance with goals within legal, ethical and moral constraints.
PRIORITIES IN HOSTAGE SITUATION

 Preservation of life

 Apprehend hostage taker

 To successfully negotiate; there must be need to live on the part of the hostage taker and a threat of force by
the authorities.

CATEGORIES OF HOSTAGE-TAKER

 PERSONS IN CRISIS

- people who take hostages during a period of prolonged frustration, despair and problems.

 PSYCHOTICS

- mentally-ill people who take hostage during a period of psychiatric disturbance.

 COMMON CRIMINALS

- people who take hostages for personal reason.

 PRISONER

- people who take hostage because of dissatisfaction and discontent regarding their living condition in prison.

 POLITICAL TERRORIST

- people who take hostages because of political and ideological beliefs.

HANDLING OF SPECIFIC HOSTAGE SITUATION

1. PROFESSIONAL CRIMINAL

- easiest to handle

- rational thinker

- after assessing the situation and weighing the odds, usually come to terms with the police.

PROPER HANDLING: show force but refrain from unnecessary violence or useless killing.

2. PSYCHOTIC INDIVIDUAL

- present different and somewhat complex problems

- irrational

PROPER HANDLING: the hostage taker may feel a degree of pleasure if he finds himself important, being the center of
attraction

- prolonging the time

3. TERRORIST

- more difficult to handle

- when caught, they rationalize by claiming to be revolutionaries a situation they resolve to die for a cause.

PROPER HANDLING: their causes may deteriorate in the passage of time.

- if they kill one of the hostages, the negotiators then must set to save the remaining hostages.
HOSTAGE TAKER’S DEMANDS

 Negotiable

- food, cigarettes, drinks, alcohol, transportation, media coverage, freedom

 Non-Negotiable

- weapons, ammunitions, drugs, release of prisoners, exchange of hostages

PRINCIPLES IN HOSTAGE NEGOTIATION

 the hostage has no value to the hostage taker

 the priorities in the hostage situations are the preservation of life and the apprehension of the hostage taker,
recover and protect property.

 hostage situation must not go violently

 there must be a need to live on the part of the hostage taker

IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON ARRIVAL AT THE SCENE OF INCIDENT

1. Containment

 controlling situation and area by people involved.

2. Establish Contact

 communicate with the leader

3. Time Lengthening

 give more time to the police to organize and coordinate plan of action.

4. Telephone Negotiation Technique

4.1. Be the caller (talk with the leader only)

4.2. Plan and prepare

4.3. Be ready with graceful exit

4.4. Discipline yourself to listen.

4.5. Do not tell that you are the commander, neither your rank

4.6. Just tell “My name is…I am a police negotiator and willing to help.

4.7. Delay tactic – to wear down hostage taker, physically, psychologically and emotionally. Will also give more time for
police organize and coordinate plan course of action.

4.8. In case hostage taker won’t talk, continue negotiating. Don’t loss hope!

5. Need for face-to-face conversation

 Don’t be over anxious

 wear body armor

 have tactical back-up (snipers)

 Face-to-face, maintain proper distance;

  Proper distance – 1 to 3 feet.

 Intimate distance – about 6 inches

 in retreating, face hostage taker slowly backing out of the door.

6. Surrender approach– start with a position approach, act as if hostage taker will surrender. Do not talk too much.
Gradually ask him to surrender. Reassurance is the wisest thing to do. Talk details of surrender process. And explain why
now is better than later.

Crisis Negotiation Bargaining Techniques

 The use of time to increase basic needs, making it more likely that the subject will exchange a hostage for some
basic needs.

 The used of time to collect intelligence on the subject that will help develop a trade.

 The use of time to reduce the subject’s expectation of getting what he wants.

 Trades can be made for food, drink, transportation and money.

 Trades cannot be made for weapons or the exchange of hostages.

 The boss does not negotiate.

 Start bidding high to give yourself room to negotiate.

 Never draw attention to the hostages, it gives the subject too much bargaining power.

 Manipulate anxiety levels by cutting off power, gas, etc.

Stockholm Syndrome

It is the development of unique relations between the hostages and the hostage taker. A strong attachment of the
hostage victim to the hostage takers after a long period of captivity, by the hostage became sympathizer of the hostage
takers.

CRISIS MANAGEMENT TEAM

Team – is a small group of people with complementary skills who are committed to a common purpose, performance
goals and approach for which they hold themselves mutually accountable.

The Negotiating Team (Foreign Set-up)

 Negotiator Supervisor – is responsible for the overall functioning of the negotiating team. In addition to his
supervisory skills, the supervisor must have leadership ability. He should see to it that the situation is negotiable,
appropriate personnel is available, intelligence is gathered in timely manner, communications are established,
negotiation strategy is working-out, an appropriate record of the negotiation is kept and the commander is well
informed.

 Primary Negotiator – is the direct communication link to the hostage taker and is responsible for developing
verbal tactics, monitoring and assessing the hostage taker’s level of emotional arousal and helping the hostage
taker engage in problem solving.

 Secondary Negotiator – is the pipeline between the negotiation team and primary. He helps to develop verbal
tactics, provides moral support for the primary.
  Intelligence Officer – is responsible for gathering intelligence from various sources, interviewing all relevant
persons involved in the incident, collating and disseminating that information, maintaining and updating status
boards and making sure that all response units are receiving accurate and timely intelligence.

 Mental Health Consultant – is responsible for evaluating the personality of the hostage taker, recommending
negotiation strategies, monitoring team stress, monitoring stress among the hostage takers and hostages.

 Equipment Officer – is someone who understands technical information regarding radios, computers, phone
systems, mechanical systems, etc. and can make minor repairs.

Command Post

It is the position from which a unit commander and his staff exercise command over the hostage incident.

Ground Commander is the designated senior officer in 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 (Foreign Set-up)

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.

Tactical Team Components (Foreign Set-up)

Tactical Supervisor – is responsible for the mobilization of the members of the team, deployment of the containment
team, development of the tactical plan and operation of the assault and arrest teams.

The tactical team is divided into three major components:

1. First Component – this component is responsible for maintaining perimeter control both inner and outer.
Also called containment sub-team.

2. Second Component – the second component is apprehension and assault team. Members of this sub-team make an
undetected approach to the location, plan and prepare for the release of hostages, and make an assault if necessary.
Also called apprehension and assault sub-team.

3. Third Component – is the sniper / observer sub-team. The sniper/observer sub-team (third component) has two
responsibilities:

 Provide intelligence on factors present at the location. These factors may include physical layout, placement of
walls, furniture, specific location of hostages and hostage takers, clothing and mental state of hostages and
hostage takers.

 Prepare for a shot on the hostage taker.

Active Listening Techniques

 Open-Ended Questions/Statements –question or statements directed at the hostage taker designed to get him
to open up and give a long, verbal answer.

 Effective Pauses – not saying anything when the hostage taker finishes talking, encouraging him to fill the empty
or blank space with additional communications or information. Periods of silence that is used to emphasize a
point or to encourage the subject to say more.

 Minimal Encouragement – saying yes, ok or other verbal indicators that the negotiator is actually listening to
the hostage taker. Brief, well-timed response that let the subject knows the negotiator is paying attention. It is a
neutral non-threatening response that can be used with any subject.

 Mirroring (Reflecting Feelings) – a response in which the negotiator mirrors back to the hostage taker the
emotions of the hostage taker in communicating, the negotiator repeats the last word or phrase.

 Paraphrasing – a response in which the negotiator gives the hostage taker the essence of his message in the
negotiator’s words. The negotiator repeats the subject’s meaning in the negotiators words. It shows that the
negotiator is listening and understands the content of the subject’s message.

 Emotional Labeling (Reflecting Meaning) – a response in which negotiator let the hostage taker know he
understands the facts and the feelings the hostage taker is communicating. The use of emotionally descriptive
words to show that the negotiator understands the feelings the subject is experiencing.

 I-Messages – a response in which the negotiator expresses his emotions in response to the hostage taker. These
are messages that personalize the negotiator without becoming a personal attack and allow negotiator to
introduce new ideas without raising excessive resistance.

 Summative Reflections – a response in which the negotiator summarizes the main facts and feelings that the
hostage taker has expressed over a relatively long period.

Implementation of Methods to Deal with Hostage situation

Rule 22. Hostage Situation of the revised PNP Operational procedures

Sec.1. Procedures to be followed in a Hostage Situation – the following steps shall be undertaken:

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.

Sec.2. Ground Commander – there shall be only one Ground Commander in the area.

Sec.3. Negotiators – negotiators shall be designated by the Ground commander. No one shall be allowed to talk to
the hostage-taker without clearance from the negotiating panel or Ground Commander

Sec.4. Assault team – an assault team shall be alerted for deployment in case the negotiation fails. Members of the
assault team shall wear authorized and easily recognizable uniform during the conduct of the operation Bonnets shall
not be used.

Sec.5. Assault plan – the assault shall be planned to ensure minimal threat to life for all parties.

Sec.6. Support Personnel – an ambulance with medical crew and a fire truck shall be detailed at the incident.
Sec.7. Coordination – proper coordination with all participating elements shall be done to consolidate efforts in
solving crisis.

Sec.8. Safety of Hostage(s) – in negotiating for the release of a hostage, the safety of the hostage shall always be
paramount.

Sec.9. Procedures to be followed during negotiations

The following shall be undertaken in the conduct of negotiations:

a. Stabilize and contain the situation;

b. Select the right time to make contact with the hostage-taker;

c. Take time when negotiating;

d. Allow hostage-taker to speak;

e. Don’t offer the hostage-taker anything. What he will ask for will be part of the negotiation;

f. Avoid directing frequent attention to the victim when talking to the hostage taker;

g. Do not call them Hostages. Be as honest as possible; avoid tricks; be sincere;

h. Never dismiss any request from the hostage-taker as trivial or unimportant;

i. Never say “NO”

j. Soften the demand

k. Never set deadline; try not to accept a deadline;

l. Do not make alternate suggestions not agreed upon in the negotiation;

m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless their presence is
extremely necessary in the solution of the crisis; provided that they shall be properly advised on the do’s and don’ts of
hostage negotiations;

n. Do not allow any exchange of hostages, unless extremely necessary; in particular, do not exchange a negotiator for a
hostage;

o. Avoid negotiating face-to-face; and

p. Law enforcement officers without proper training shall not be allowed to participate in hostage negotiations.
 CRIM 6: Criminological Research and Statistics

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 relationships of the variables.

3. Experimental Research – the experiment studies the effects of the variables on each other.

D. According to the Type of Analysis

1. Analytical Research – the researcher attempts to identify and is isolate the components of the research situation.

2. Holistic Research – begins with the total situation. Focusing attention on the system first and then on its internal
relationships.

E. According to Scope – Under this category is Action Research. This type of research is done on a very limited scope to
solve a particular problem which is not so big. It is almost problem solving.

F. According to Choice of Answers to Problems

1. In Evaluation research, all possible courses of action are specified and identified and the researcher tries to find the
most advantageous.

2. In developmental research, the focus is on finding or developing a more suitable instrument or process than has been
available.
G. According to Statistical Content

1. Quantitative or statistical research – is one in which inferential statistics are utilized to determine the results of the
study. Inferential statistics such as correlation, chi-square, analysis of variance, etc. are used to test the hypothesis. This
type of research usually includes comparison studies, cause-and-effect relationships, etc.

2. Non-quantitative research – This is research in which the use of the quantity or statistics is practically nil. This is
especially true in anthropological studies where description is usually used. Descriptive data are gathered rather than
quantitative data.

H. According to Time Element

1. Historical research describes what was.

2. Descriptive research describes what is.

3. Experimental research describes what will be.

Steps in Scientific Method of Research (Sequential)

1. Determining (recognizing) the problem

2. Forming a hypothesis

3. Doing the library search

4. Designing the study

5. Developing the instruments for collecting data

6. Collecting the date

7. Analyzing the data

8. Determining implications and conclusions fro the findings

9. Making recommendations for further research.

Standard format of Thesis Writing

1. The Problem and the Setting

2. Related Literature and Studies

3. Methods of Research and Procedures

4. Analysis, Presentation, and Interpretation of Data

5. Summary, Conclusions, and Recommendations.

Three (3) Major Research Methods

Historical

Descriptive

Experimental methods of research

Attributes of Good Research Problem

S = Specific – specifically stated

M = Measurable – easy to measure by using research instrument in collection of data

A = Achievable – data are achievable using correct statistical treatment/techniques to arrive at precise results

R = Realistic – real results are not manipulated

T = Time-bound – time frame is required in every activity because the shorter completion of the activity the better

Capsulizing Research Problem into Title

1. It should clearly and specifically state

2. Variables investigated should by all means be written as part of the title

3. Relationship between and among variables should be indicated

4. Target population should be indicated in the title to achieve specificity

5. It should have a maximum of twenty substantive words.

6. Function words should not be placed at the end of each line

7. Title must take the form of an inverted pyramid

Note: Avoid redundancies like “A Review of…”, “An Analysis of…”, An Evaluation of…”, “An Assessment….” and the like
because even without those terms, the researcher will review, evaluate, assess or analyze the problem posted in the
study.

Avoid Plagiarism

Plagiarism is an act of incorporating into one’s work the work of another without indicating the source

= the unacknowledged used of somebody else’s words or ideas

= an act wherein the writer uses passages, ideas, writings, and statements of others without giving due credit

Construction of the Main Problem and Sub-problem of the Study

1. The main problem of the study may be stated by briefly pointing out the objectives, the subject and the coverage of
the study.

Ex. The study aimed to assess the acceptance of an accurate polygraph results as evidence in court.

2. Specify the sub-problems of the main problem.

Ex. Specifically, it sought to answer the following sub-problems:

1. To what extent does the application of polygraph examination affect the attainment of an accurate results to
be presented as evidence in court in terms of:

1.1. examiner’s competency;

1.2. facility and instrument;

1.3. techniques and procedures; and

1.4. subject’s condition?

Theoretical Framework

 Theoretical framework is the foundation of the study.

 The theory should have a relationship with the issues posted in the study

Types of Theories

1. Descriptive Theory = seeks to describe a phenomenon

2. Prescriptive Theory = seeks to tell how and sometimes why one should or ought to behave in certain ways

Guidelines in Choosing Theory

1. Research must be well-founded on universally accepted, known and tested theory, principles or concepts.

2. Research may be anchored on several theories available.

Presentation of Theoretical Framework

Ex. The framework of the study is anchored on ………

Conceptual Framework

= an illustration of how research problems are generated from the theoretical framework of the study

= it may be some sort of modification of the theoretical framework or personally conceptualized by the researcher

Presentation of Conceptual Framework/Paradigm

1. The research paradigm must clearly show the major impact of the cited theory on the variables (dependent and
independent variables) of the study.

2. An existing theory may be capsulized in a research paradigm which may be adopted with some modifications.

3. There must be textual explanations of the variables in the paradigm. Textual explanations should come before the
figure or paradigm.

Assumption and Hypothesis

1. Assumption = self-evident truth which is based upon known fact or phenomenon. it is not usually answered or proven
because it is assumed true or correct which are beyond the control of the researcher.

Note: In historical and descriptive researches, it is often times not explicitly expressed but left implicit, that is, unwritten

2. Hypothesis = tentative conclusion or answer to specific question raised at the beginning of the investigation. It is an
educated guess about the answer to a specific question.

Research Instrument = a device designed or adopted by researcher for data gathering

Classification of Research Instrument

1. Researcher Instrument = the researcher obtains information or data himself with little or no direct involvement of the
other people

2. Subject Instrument = the information is collected directly from the respondents

3. Informant Instrument = the information or data is collected from those knowledgeable of the subject matter
Commonly Used Instruments

1. Questionnaire = written or printed form containing the questions to be asked on the respondents.

Types of Questionnaire

a. Open-Ended = respondents are forced to answer the questions asked in the questionnaire.

=best suited to a qualitative research study

b. Closed-Ended = also referred as guided response type, closed form or restricted.

= respondents are guided in answering questions

= options may be provided like in multiple choice test while answers are based on the rating scales provided

2. Interview = involves face to face contact between the interviewee and the interviewer

Types of Interview

a. Structured Interview = there is a set of carefully prepared questions and their expected answers are provided

b. Unstructured Interview = respondents are free to express their opinions

= also termed as non-directive or informal

3. Observation = may be defined as perceiving data through the sense: sight, hearing, taste, touch and smell

=sense of sight is the most important and most used

= most direct way and most widely used in studying behavior

Types of Observation

a. Formal Observation = researcher makes a guide on what to observe. Possible responses may also be outlined

b. Informal Observation = needs critical evaluation of the observation made to avoid biased results

= recommended for qualitative research

Qualities of Good Research Instrument

1. Validity = degree to which a measuring instrument measures what it intends to measure

Types of Validity

a. Content-Related Validity = refers to content and format of the instrument which must answer the following criteria:
appropriateness; logical; adequate; and, proper format

b. Criterion-Related Validity = refers to the relationship between scores obtained using one or more instruments or
measures

c. Construct-Related Validity = refers to the nature of psychological construction or characteristics being measured by
the instrument

2. Reliability = extent to which the instrument is dependable, self-consistent and stable

=consistency of responses from moment to moment

= even a person takes the same test twice, the test yields the same results

= reliable test may not always be valid

3. Usability = otherwise known as Practicability

= degree to which the research instrument can be satisfactorily used. It may be determined thru:

a. ease of administration

b. ease of scoring

c. ease of interpretation

d. low cost

e. proper mechanical makes up

Statistics = science which deals with the systematic process of collecting, organizing, classifying, presenting, interpreting
and analyzing data

Interpretation of Data = an act or instance of interpreting an explanation. This is done to give meaning to data
generated from the instrument to answer the problems raised in the study

Levels of Interpretation

1. Table Reading

2. Implications or Meaning of Data

3. Cross referencing or corroboration wherein the results are to be compared with the existing knowledge or finished
studies

THESIS FORMAT

Preliminary Pages

a. Title Page

b. Approval Sheet

c. Acknowledgment

d. Dedication

e. Table of Contents

f. List of Tables

g. List of Figures

h. Abstract
 CHAPTER 1

THE PROBLEM AND ITS SETTNG

Introduction

 Presents the problem. What the problem is all about

 Rational or reasons for conducting the study

Setting of the Study

 Locality of the study. Place where the study is to be conducted

Theoretical / Conceptual Framework

 Theoretical / conceptual foundation of the study

Statement of the Problem

 General and specific statement of the problem determined in the study

Assumption or Hypothesis

 Self-evident truth based upon known fact or phenomenon (Assumption)

 Tentative conclusion or answer to specific questions (Hypothesis)

Significance of the Study

 Contribution of the result of the study to individuals, institutions, administrators, society, etc…

Scope and Limitation of the Study

 Boundaries in terms of time, sample, location (Scope)

 Weakness of the study beyond the control of the researcher (Limitation)

Definition of Terms

 It can be lexical or operational definition or a combination thereof of different terms used in the study
which are arranged alphabetically

CHAPTER 2

REVIEW OF RELATED LITERATURE AND STUDIES

Foreign Literature

 Published articles from foreign countries

Local Literature

 Locally published articles

Foreign Studies

 Foreign unpublished articles

Local Studies

 Locally unpublished articles

Synthesis

 Relevance of literature and studies to the present research

CHAPTER 3

RESEARCH METHODS AND PROCEDURES

Research Method

 Brief description and justification of the research method used in the study

Population and Sampling Scheme

 Brief presentation of the entire population of the study and the type of sampling techniques used in
selecting sample respondents

Description of the Respondents

 Contains detailed description of the respondents as to age, sex, marital status, 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

 Instrument is tested on individuals who are knowledgeable of the subject matter but are not part of the
respondents of the study

Procedures in Gathering Data

 Contains the step by step procedures used by the researcher in reaching the respondents in order to
gather data

Statistical Treatment

 Contains discussion on the statistics used in consonance with the specific problem and hypothesis to be
tested

CHAPTER 4

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

 Contains the answers to all the sub-problems of the study

 Answers to the problems are stated one by one according to the arrangement of sub-problems for clarity and
understanding
  Answers are presented in textual and tabular forms. Textual explanations come after the tables

CHAPTER 5

SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

The introductory paragraph should contain the summary of statement of the problem, hypothesis as well as
research design.

Summary of Findings

 Contains the specific findings/results of the study

 Presented as they were organized and categorized in the sub-problems of the study

 Written in past tense

Conclusions

 Written in present tense

 Should be based on the findings of the study

 Logical and valid outgrowth of the findings

 Should not contain any numerals from the findings

 Organized and categorized according to the sub-problems

Recommendations

 An appeal to people or institutions concerned to solve the problems discovered in the study

 No recommendations that will be made for problems that were not discovered in the study

 Practical and attainable