CRIM 1811

INTRODUCTION TO CRIMINOLOGY
CRIM 1811

Compiled by:

PROF. LIZA JOY B. BARICAN, MS CRIM, PGDip - AC

Faculty, CCJE, STIWNU

This manuscript is compiled and prepared for STI WNU BS CRIMINOLOGY students use only. Reproduction of this
material without the consent of the Dean of the College of Criminal Justice Education is prohibited.

NAME: _______________________________________________________________
COURSE, YEAR & SECTION: ____________________________________________

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 CRIM 1811

STI WNU VISION

A leading University in Negros Island in 2025 driven by passion for Academic Excellence through innovation.

STI WNU MISSION

We are committed to produce excellent quality graduates who are able to meet and uphold the standards of the
industry in pursuit of a better Filipino and Nation.

CCJE VISION

A College that provides excellent innovations in criminology and criminal justice education and produces highly
competent professionals responding to the changing needs of the global industries.

CCJE MISSION

To provide effective, efficient and innovative trainings and developmental programs to the future criminal justice and
public safety practitioners who will meet the demands and needs of the community for public safety, peace and order.

STI WNU INSTITUTIONAL OUTCOMES

Character

An STIer is a person of character. An STIer response regardless of circumstances and is consistently virtuous.

Critical thinker

An STIer is a critical thinker. An STIer discerns through open-minded analysis and challenges one’s beliefs to further
improve creative ideas.

Communicator

An STIer communicates to understand and be understood. An STIer recognizes the emotion behind the information read
or heard, and expresses his or her own emotion when giving information, may it be, verbal or written.

Change - Adept

An STIer is change-adept. An STIer utilizes such ability to manage when a need for transformation or transition arises to
uplift his or her capabilities and build the capacity of the community where he or she belongs.

Christ - Centered

An STIer STI is Christ-centered. An STIer practices beliefs and behavior consistent with the Christian faith and values.

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SUBJECT CODE: CRIM 1811

DESCRIPTIVE TITLE: INTRODUCTION TO CRIMINOLOGY

CREDIT UNITS: 3 Units (Non-Laboratory Subject)

COURSE REQUIREMENTS:

1. Course Handouts
2. Submission of Requirements and Assessments through STI ELMS
3. Attendance during SYNCHRONOUS Class and Institutional / College Activities
4. Student Portfolio (GREEN)

GRADING SYSTEM:

 Class Participation & Requirements - 30%

 Exercises & Seat Work / Quizzes - 20%
 Periodic Examination - 50%
________
Total 100%

PERCENTAGE DISTRIBUTION

PRELIMS - 20%
MIDTERMS - 20%
SEMI – FINALS - 20%
FINALS - 40%
_____________
100%

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COURSE DESCRIPTION:

This course introduces the basic concepts and contents of criminology, such as etiology of crimes,
criminals, criminal behaviors, delinquents, deviances, treatments and rehabilitations. This also includes a
primer to sociology of law, criminal justice and criminalistics. The history and evolution of criminological
thought through different approaches and methods in criminology will be critically analyzed.

The course also includes a comprehensive discussion of the laws that created the criminology
profession in the Philippines and the law governing the Criminology Board Examination.

REFERENCES:

1. Alviola, A. (2017). Introduction to Criminology and Psychology of Crimes . Quezon City: Wiseman’s
Book Trading.

2. CHED Memorandum No. 5, Series of 2018

3. Cote, S. (2002). Criminological Theories: Bridging the Past to the Future . California: Sage Publications.

4. Eduardo, J. & Panganoron, C. (2015). Fundamentals of Criminology. Quezon City: Wiseman’s Book
Trading.

5. Guevara, R. & Bautista, F. (2010). Criminology 101. Quezon City: Wiseman’s Book Trading.

6. Manwong, R. & Pelayo, JM. (2014). Essentials of Criminal Psychology. Quezon City: Wiseman’s Book
Trading.

7. Manwong, R. (2013). Fundamentals of Criminology. Quezon City: Wiseman’s Book Trading.

8. Peckley, M. & Eduardo, J. (2010). Essentials of Criminology. Quezon City: Wiseman’s Book Trading.

9. Republic Act No. 11131 and its IRR

10. Republic Act No. 6505

11. Siegel, L. (2005). Criminology. USA: Thomson Wadsworth.

12. Valdueza, F. (2015). Crimes and Criminals. Quezon City: Wiseman’s Book Trading.

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 CRIM 1811

TABLE OF CONTENTS
____________________________________________

Contents Pages

PRELIM

- INTRODUCTION TO CRIMINOLOGY 6 - 24

MIDTERM

- CRIMINOLOGICAL TERMS, PERSONALITIES AND EVENTS 25 - 33

- CRIMINOLOGY, CRIMINAL JUSTICE AND CRIMINALISTICS 34 - 37

- SCHOOLS OF THOUGHT IN CRIMINOLOGY 38 - 41

PREFINALS

- SOCIOLOGY OF LAW 42 - 45

- CRIMINAL ETIOLOGY 46 - 55

- CRIMES 56 - 68

FINALS

- THE CRIMINAL 69 - 71

- APPROACHES AND METHODS IN CRIMINOLOGY 72 - 84

ANNEXES

- REPUBLIC ACT NO. 11131 85 - 96

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PRELIM COVERAGE

CHAPTER 1
INTRODUCTION TO CRIMINOLOGY

Learning Objectives:

Upon completion of the course, the students will be able to:

1. Compose and present an essay regarding the criminology profession.

2. Converse properly the different concepts of criminology and associate it in the criminology
profession.
3. Articulate comprehensively the criminological concepts.

Crime as the menace of society is
apparently one of the causes of handicapping
and draining the government of its revenue. Its
consequential effects jeopardize the country’s
internal security and discourage local and foreign
investors to put up business and other industrial
undertakings.
To counteract the growing menace of
crime, a variety of measures have been adopted.
Such as for instance, more laws are passed and
enacted, law enforcement agents recruited and
trained, prosecution and judicial procedures are
being improved, and reformatory institutions for
young and adult offenders are established.
And yet, all these measures seem to be
useless and expensive without first identifying
and knowing the causes of crimes.
WHAT IS CRIMINOLOGY?
making of laws, the breaking of laws, and the
community’s reactions towards the breaking
of laws.
 It may also refer to the study of crimes and
criminals and the attempt of analyzing
scientifically their causes and control and the
treatment of criminals.
 Based on the premise, criminology can also
be defined as 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.
Criminologists attempt to build theories
that explain why crimes occur and test those
theories by observing behavior. Criminological
theories help shape society’s response to crime
both in terms of preventing criminal behavior and
responding to it after it occurs.

 Criminology is the scientific study of crimes, WHAT IS THE GENERIC DEFINITION OF

criminals, criminal behavior and its causes.
(basic definition)
 Sutherland & Cressey’s definition as cited by
Cote (2002), defines criminology as a body of
knowledge regarding crime as a social
phenomenon. It includes within its scope, the
CRIMINOLOGY?
CRIMINOLOGY is the scientific study of
crimes, criminal, criminal behavior, legal aspects
and control. It is derived from the two Greek
words / terms which is krimen (crime) and logus
(to study).

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In 1885, Italian law professor, Raffaele
Garofalo coined the term “criminology” (in Italian,
CRIMINOLOGIA). The French anthropologist
Paul Topinard used it for the first time in French
(CRIMINOLOGIE) around the same time.
WHAT ARE THE THREE DEVELOPMENTS OR
PHASES OF CRIMINOLOGY?
The discipline of criminology has evolved
in three phases, beginning in the 18 th century.
Although crime and criminals have been around
for as long as societies have existed, the
systematic study of these phenomena did not
begin until the late 1700s; prior to that time, most
explanations of crime equate it with sin – the
violation of sacred obligation.
1. Classical Criminology – the first phase which
begun prior to the 19th century; scholars first
distinguished crime from sin, they made
possible explanations of criminal behavior
that were not theological (religious). This in
turn, allowed dispassionate, scientific study
of why crimes occur.
2. Modern Criminology - the second phase,
which began in the 19th century. During this
era, criminology distinguished itself as a
subspecialty within the emerging disciplines
of psychology, sociology, and economics.
Scholars formed criminological societies and
founded criminology journals. Criminologist
conducted empirical test (observations or
experiments) of their theories, rather than
relying solely on speculations, and
consequently developed a wide range of
theories.
3. Independent Criminology - The third phase,
beginning in the second half of the 20 th
century. During this period, criminology
began to assert its independence from the
traditional disciplines that spawned it. In
Western Europe, the United States and
Canada, criminologist expanded their
professional associations and published an
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increasing number of journals. A number of
universities develop graduate programs in
criminology. Criminological theories have
become more multidisciplinary (spanning
various fields of study) because independent
criminologists seek to understand crime itself
rather that study crime as one aspect of an
overall sociological or psychological theory.
WHAT ARE THE VARIOUS STUDIES AND
SCIENCE RELATED TO CRIMINOLOGY?
1. Sociology - the study of the development,
structure, and functioning of human society;
the study of social problems.
2. Law - a system of rules that are created and
enforced through social or governmental
institutions to regulate conduct, although its
precise definition is a matter of longstanding
debate.
3. Psychology - is the scientific study of the
mind and behavior.
4. Medicine - is the science and practice of
establishing the diagnosis, prognosis,
treatment, and prevention of disease
5. Chemistry - is the study of matter, its
properties, how and why substances
combine or separate to form other
substances, and how substances interact
with energy.
6. Public Administration - is the implementation
of government policy and also an academic
discipline that studies this implementation
and prepares civil servants for working in the
public service.
7. Education - the process of receiving or giving
systematic instruction, especially at a school
or university.
8. Theology - the study of the nature of God
and religious belief.
9. Economics - is the study of how people
allocate scarce resources for production,
distribution, and consumption, both
individually and collectively.
WHAT ARE PRIVATE SECTORS WHOSE
WORK IS RELATED TO CRIMINOLOGY?
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1. The family and home
2. Church and religion
3. Private charitable and welfare institutions
4. Civic clubs and organizations
5. Print media, newspaper, radio and television
6. Private schools and colleges
WHAT ARE IMPORTANT AREAS IN THE
STUDY OF CRIMINOLOGY?
1. The development of criminal law and in
defining crime
2. The cause of law violation
3. Methods used in controlling criminal behavior
4. The criminal behavior
5. Systems of criminology which involve
research on specific criminal types and
patterns, such as violent crimes, theft and
others.
WHAT ARE THE OBJECTS OF INTEREST IN
CRIMINOLOGY?
1. Crimes – criminal acts; an act or omission
punishable by the law
2. Criminal – perpetrators of crimes
3. Criminal behavior – refers to conduct of an
offender that leads to and including the
commission of an unlawful act.
4. Victim - a person harmed, injured, or killed as
a result of a crime, accident, or other event or
action
WHAT ARE THE THREE MAJOR SCOPES IN
THE STUDY OF CRIMINOLOGY?
1. The making of laws – this pertains to the
examination of the nature and structure of
laws in the society which could be analyzed
scientifically, systematically and exhaustively
to learn crime causation and eventually help
fight them. Ex. legislative, policy direction
2. The breaking of laws – this pertains to the
examination of the reasons of crime
causation which primarily deals to answer
issues why despite the presence of laws,
people still commit crimes. It is generally
referred to the area of Criminogenesis or
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Criminal Etiology (the study of causes of
crime), or crime causation.
3. Reaction towards the braking of laws – this
pertains to the study of how people, the
criminal and the government reacts towards
the breaking of laws because the reactions
necessarily bring light to the development of
modern measures to treat criminal offenders
at the same time the reaction may be
contributory to criminality. Ex. law
enforcement, investigations, Criminal Justice
System, penology
OTHER SCOPES OF CRIMINOLOGY
1. Study of the origin and development of
criminal law or penal law.
2. Study of the causes of crimes and
development of criminals
3. Study of the different factors that enhance
the development of criminal behavior such
as:
a. Criminal demography – study of the
relationship between criminality and
population.
b. Criminal epidemiology – study of the
relationship between environment and
criminality.
c. Criminal ecology – study of the
criminality in relation to spatial
distribution in a community.
d. Criminal Physical anthropology – study
criminality in relation to physical
constitution of men.
e. Criminal Psychiatry – study of human
mind in relation to criminality.
f. Criminal psychology – study of human
behavior in relation to criminality.
g. Victimology – study of the role of victim
in the commission of the crime.
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4. Study of various measures and methods
accepted by society in cases of violation of
criminal law such as:
a. The detection of crimes
b. The arrest or apprehension of criminals
c. The prosecution of suspected law
violators
d. The conviction of criminals in judicial
proceedings
e. The imprisonment, correction and
rehabilitation of criminals convicted of a
crime.
f. The enforcement of laws, degrees, rules
and regulations.
g. The administration of the police and
other law enforcement agencies
h. The maintenance of recreational facilities
and other auxiliary services to prevent
the development of crimes and criminal
behaviors.
WHAT ARE THE NATURES OF
CRIMINOLOGY?
George L. Wilker, said that generally,
criminology cannot be considered a science
because it has not yet acquired universal validity
and acceptance. It is not stable and it varies from
one time and place to another. There is lack of
universal proposition of crime and scientific
studies of criminal behavior are impossible.
However, Edwin H, Sutherland and Donald
Cressey, both American Criminologists, said that
considering that science is the systematic and
objective study of social phenomenon and other
body’s knowledge, criminology has hopes of
becoming a science or is a science in itself when
under the following nature:
1. It is an applied science – The findings or
knowledge obtained in the study of crimes
and criminal behaviors is used to resolve the
crime problem and treatment of criminals. In
other words, criminologists investigate crimes
in order to generate practical solutions to the
problem. In the study of the causes of
crimes, anthropology, psychology, sociology
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and other natural science may be applied,
while in crime detection – Chemistry,
medicine, physics, mathematics, ballistics,
polygraphy, legal medicine, questioned
document examination may be utilized. This
is called instrumentation.
2. It is a social science – in as much as crime in
social creation that it exists in a society being
a social phenomenon, its study must be
considered a part of social science.
3. It is dynamic – criminology changes as social
condition changes. It is concomitant with the
advancement of other science that has been
applied to it. The study of crime is varies from
place to place, generation to generation, and
from culture to culture. Acts defined as
criminal today may no longer be considered
as criminal acts in the coming years.
Remember that crime is a legal term, thus a
behavior can be labeled as crime only when
it is defined by law as such. The study of
crime changes when its definition changes.
4. It is nationalistic – the study of crimes must
be in relation with the existing criminal law
within the territory or country. Finally, the
question as to whether an act is a crime is
dependent on the criminal law of a state it
follows therefore, that the causes of crime
must be determine from its social needs and
standards.
5. It is interdisciplinary – many disciplines are
involved in the study of crimes and criminal
behavior. Among them are sociology,
psychology, psychiatry, economics, political
science and so on.
WHAT ARE THE IMPORTANCE OF STUDYING
CRIMINOLOGY?
1. Criminology can be a source of philosophy in
life. The knowledge derived from studying
crime is a good foundation for an individual’s
philosophy and lifestyle.
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2. Criminology is a profession not only for social
services but for legal practice as well.
3. People study criminology because criminals
are legitimate object of interests. They should
be understood in order to know to control
them.
4. Authorities should know a bit of criminology
because crime is a very expensive problem
of the society. The value of lost property,
medical expenses, insurances, moving cost
and tangible cost of pain and suffering is too
high as a result of victimization.
WHAT ARE THE AIMS IN STUDYING
CRIMINOLOGY?
1. To prevent crime. (primary aim)
2. To understand crimes and criminals. (this is
basic to knowing the actions to be done to
prevent them)
3. To prepare for a career in law enforcement
and scientific crime detection.
4. To develop an understanding of
constitutional guarantees and due process of
law in the administration of justice.
5. To foster a higher concept of citizenry and
leadership together with the understanding of
one moral and legal responsibilities to his
fellowmen, his community and the nation.
In reality, there are many and varied
purpose of studying criminology. However, all
these purposes fall on either of the two (2)
primary aims of studying criminology:
1. To understand crimes and criminals;
2. To prevent the occurrence of crime
CRIMINOLOGY AS A MULTIDISCIPLINARY
STUDY OF CRIMES
It means that many disciplines are
involved in the collection of knowledge about
criminal action, including psychology, sociology,
anthropology, biology, neurology, political
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science and economics. But over the years,
sociology, psychology and psychiatry have
dominated the study of crimes.
SUB – FIELDS IN CRIMINOLOGY
1. Sociology (Sociological Criminology) – this is
the study of crime that focused on the group
of people and society as a whole. It primarily
based on the examination of relationship of
demographic and group variables to crime.
Variables such as socioeconomic status,
interpersonal relationship, age, race gender,
and cultural groups of people are probed in
relation to the environmental factors that are
most conductive to criminal action, such as
time, place and circumstances surrounding
the crime.
2. Psychology (Psychological Criminology) –
this is the science of behavior and mental
processes of the criminal. It is focused on the
individual criminal behavior – how it is
acquired, evoked, maintained and modified.
3. Psychiatry (Psychiatric Criminology) – this is
the science that deals with the study of
criminal behavior in terms of motives and
drives; better known today as Forensic
Psychiatry.
SUB-AREAS OF CRIMINOLOGY
As cited by Siegel (2005), these are the
subareas that constitute the field of criminology:
SUBAREA PRIMARY FOCUS
Gathering valid crime
data; devising new
Criminal Statistics research methods;
measuring crime
patterns and trends.
Sociology of Law Determining the origin
of law; measuring the
social, historical,
political and economic
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factors that change
laws and society.
Predicting individual
behavior;
Theory Construction understanding the
cause of crime rates
and trends.
Determining the
nature and cause of
specific crime
Criminal Behavior patterns; studying
Systems violence, theft,
organized, white
collar, and public
order crimes.
Studying the
Penology correction and control
of criminal behavior
Studying the nature
and cause of
Victimology
victimization; aiding
crime victims.
CRIMINOLOGY PERSPECTIVES
As cited by Siegel (2005), the major
perspectives of criminology focus individual
(biological, psychological and choice theories),
social (structural and process theories), and
political and economic (conflict theory) and multi
development factors.
1. Classical / Choice Perspective – situational
forces; Crime is a function of freewill and
personal choice.
2. Biological / Psychological Perspective –
Internal forces; Crime is a function of
chemical, neurological, genetic, personality,
intelligence, or mental traits.
3. Structural Perspective – Ecological forces;
Crime rates are a function of neighborhood
conditions, cultural forces and norm conflict.
4. Process perspective – Socialization forces;
Crime is a function of upbringing, learning,
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and control. Peers, parents and teachers
influence behavior.
5. Conflict perspective – Economic and political
factors; Crime is a function of competition for
limited resources and power. Class conflict
produces crime.
6. Developmental Perspective – Multiple forces;
Biological, socio – psychological, economic
and political forces may combine to produce
crime.
WHAT ARE THE MAJOR AREAS OF STUDIES
IN CRIMINOLOGY?
*based in CHED Memorandum Order No. 5,
series of 2018
1. Criminal Sociology
a. Introduction to Criminology
b. Theories of Crime Causation
c. Human Behavior and Victimology
d. Professional Conduct and Ethical
Standards
e. Juvenile Delinquency and Juvenile
Justice
f. Dispute Resolution and Crises/Incident
Management
g. CFLM1: Character Formation,
Nationalism and Patriotism
h. Criminological Research 1 & 2
2. Criminal Law and Jurisprudence
a. Introduction to Philippine Criminal Justice
System
b. Criminal Law, RPC Book 1
c. Criminal Law, RPC Book 2
d. Criminal Evidence
e. Court Procedure and Testimony
f. Human Rights Education
3. Law Enforcement Administration
a. Law Enforcement Organization and
Administration (with Inter-agency
approach)
b. Comparative Models of Policing
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c. Introduction to Industrial Security
Concepts
d. Law Enforcement Operations and
Planning with Crime Mapping
e. CFLM2: Leadership, Decision Making,
Management and Administration
4. Crime Detection, Investigation and
Prevention
a. Fundamentals of Criminal Investigation
and Intelligence
b. Traffic Management and Accident
Investigation with Driving
c. Specialized Crime Investigation 1 with
Legal Medicine
d. Specialized Crime Investigation 2 with
Simulation on Interrogation and Interview
e. Technical English 1 (Legal Forms)
f. Technical English 2 (Investigative Report
Writing)
g. Fire Protection and Arson Investigation
h. Vice and Drug Education and Control
i. Introduction to Cybercrime and
Environmental Laws and Protection
5. Criminalistics
a. Forensic Photography - study of the
black and white and colored photograph
(both film – based photography and
digital photography)
b. Forensic Ballistics - study of firearms and
bullets
c. Dactyloscopy / Personal Identification
Techniques - the science of fingerprinting
d. Questioned Documents Examination -
scientific study of disputed documents
e. Forensic Chemistry and Toxicology -
application of chemical principles in the
solution of problems that arise in
connection with the administration of
justice.
f. Polygraphy / Lie Detection Techniques -
the science of lie detection examination
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6. Correctional Administration – deals with the
institutional and non – institutional
correctional system of approach in
rehabilitating offenders.
a. Institutional Corrections
b. Non – Institutional Corrections
c. Therapeutic Modalities
CRIMINOLOGY AS A PROFESSION
The passage of R.A. No. 6506 paved the
way for criminology professionalization. Republic
Act No. 6506 is an act creating the Board of
Examiners for Criminologists in the Philippines
and for other purposes.
WHO IS A CRIMINOLOGIST?
(Section 23, RA 6506)
 Is any person who is a graduate with a
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.
 one who has been engaged in the practice of
criminology.
REPUBLIC ACT NO. 11131
Republic Act No. 11131 – An act
regulating the practice of Criminology Profession
in the Philippines and appropriating funds
therefor, repealing for the purpose Republic Act
No. 6506 otherwise known as an act creating the
Board of Examiners for Criminologists in the
Philippines”. It is also known as “The Criminology
Profession Act of 2018”. It was approved
November 8, 2018.
The State recognizes the importance of
criminology profession in national security, public
safety, peace and order, and in nation-building
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and development. Hence, it shall develop and
nurture competent, virtuous, productive and
well-rounded criminologists whose standards of
professional practice and service shall be
excellent, qualitative, world-class and globally
competitive through sacred, honest, effective and
credible licensure examinations, coupled with
programs and activities that would promote
professional growth and development. (Section 2,
RA 11131)
OBJECTIVES OF RA NO. 11131
(Section 3, RA 11131)
1. The examination, registration and licensure
for criminologists.
2. The supervision, control and regulation of the
practice of criminology.
3. The standardization and regulation of
criminology education.
4. The development of the professional
competence of criminologists through the
Continuing Professional Development (CPD).
5. The integration of all criminology professional
groups and membership of all registered
criminologists to the accredited professional
organization.
IMPORTANT TERMS
1. AIPO - refers to the one and only recognized
and accredited integrated national
organization of criminologists, as endorsed by
the Professional Regulatory Board subject to
the approval of the Professional Regulation
Commission (PRC).
For purposes of implementing RA No.
11131, AIPO shall be referred to as the
Accredited Integrated Professional Organization
(AIPO) for the criminology profession;
Note: The AIPO of Criminologists is the PCAP –
Professional Criminologists Association of the
Philippines. It obtained accreditation from the
PRC last March 25, 1990. As an accredited
professional organization, the Association
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coordinates with the PRC and the Board of
Criminology in helping promote the profession.
2. Criminology – refers to the scientific study of
crimes, criminals and victims; it also deals
with the prevention and solution of crimes.
3. Registered criminologist - refers to a natural
person who holds a valid Certificate of
Registration (COR) and an updated
Professional Identification Card (PIC) as
criminologist issued by the Board and the
Commission pursuant to RA No. 11131.
4. Board - refers to the Professional Regulatory
Board of Criminology.
5. Certificate of Registration - refers to the
document issued by the Commission,
through the Board, signifying that the person
named therein is entitled to practice the
criminology profession with all the privileges
appurtenant thereto;
6. CHED - refers to the Commission on Higher
Education (CHED) created under RA No.
7722, otherwise known as "Higher Education
Act of 1994";
7. Code of Ethics - refers to the set of moral
and ethical principles that all registered
Criminologists must abide by as they practice
the profession.
8. Code of Good Governance for the Practice of
Criminology - refers to the formal outlines of
the mission, vision, and ideals of Filipino
criminologists. It also governs criminologists'
conduct towards the state, the public, the
profession and fellow professionals.
9. Commission - refers to Professional
Regulation Commission created under
Republic Act No. 8981, otherwise known as
the "PRC Modernization Act of 2000";
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10. Continuing Professional Development (CPD)
- refers to the attainment of advanced
knowledge, skills and ethical values in a
post-licensure specialization or in an inter-or
multidisciplinary field of study, for
assimilation into professional practice, self-
directed research and/or lifelong learning.
11. Foreign Reciprocity - refers to Sections 14
(a) and 29 of this IRR which provide that only
nationals of foreign countries in which the
requirements for the licensure examination
and/or registration and practice of
criminology are substantially the same as
those required and contemplated by the
Philippine laws and regulations, and which
laws and regulations allow Philippine citizens
to practice criminology within the territory of
such foreign countries on the same basis and
grant the same privileges as those enjoyed
by their citizens, subjects or nationals shall
be allowed to take the Philippine
Criminologists licensure examination and be
given CORs and PICs pursuant to R. A. No.
11131;
12. Law Enforcement - refers to the component
of internal or homeland security of the
Philippines charged with the mandate to
enforce, investigate, and participate as
important agents in the prosecution of
violations of criminal local laws, including
international laws duly adopted as part of the
law of the land under the Constitution.
13. National Security - refers to the dynamics
and interplay of the political, economic,
socio-cultural, techno-scientific,
environmental, and military to attain and
maintain a condition where the sovereignty of
the nation, the territorial integrity of the state,
the government and its instrumentalities, and
the welfare of the people are secured,
advanced, nurtured, and protected.
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14. Profession - refers to the art and science in
the practice of criminology discipline;
15. Professional Identification Card - refers to the
document bearing the registration number,
dates of issuance and expiry, duly signed by
the Commission Chairperson;
16. Professional or Component Subjects on
Criminology - refer to the component
subjects per area as provided under Section
15 of this IRR and subject to the conditions
as may be provided therefor or by the Board.
17. Public Safety - refers to the protection of the
homeland which includes law enforcement
and policing, criminal justice system,
protection and safeguard of lives and
properties, customs and immigration,
maritime sea and border protection, health,
environment and ecosystem, public safety
and civil defense.
18. Quasi-police Functions - refers to activities of
law enforcement agencies and its agents
which does not directly involve enforcement
or investigation of violations of criminal laws.
This is also referred to as order maintenance
or community services.
19. Report of Rating - refers to the document
stating the rating obtained by the examinee
in the licensure examination;
20. Tables of Specification (TOS) - refers to the
list of outcomes-based competencies which
the licensure examination measures and
assesses;
21. Temporary/Special Permit - refers to privilege
granted to registered Criminologists from
other countries and for Filipinos in allied
discipline as mentioned in Section 30 of this
IRR to be able to practice in the Philippines;
14

SCOPE OF THE CRIMINOLOGY PRACTICE
(Section 5, RA 11131)
1. In line with the practice of profession or
occupation as a law enforcement
administrator, executive, adviser, consultant,
officer, investigator, agent or employee in
any private or government agencies
performing law enforcement and quasi-police
functions:
a. Philippine National Police (PNP)
b. National Bureau of Investigation (NBI)
c. Philippine Drug Enforcement Agency
(PDEA)
d. Bureau of Fire Protection (BFP)
e. Bureau of Jail Management and
Penology (BJMP) and Provincial Jail
f. Bureau of Corrections (BUCOR)
g. Probation and Parole Administration
(PPA)
h. Bureau of Internal Revenue (BIR)
i. Bureau of Customs (BoC)
j. Bangko Sentral ng Pilipinas (BSP)
k. Other government and private banks
l. Philippine Postal Corporation (PPC)
m. Sea and Air Marshalls
n. VIP Security
o. Airport and Seaport Police
p. National Intelligence Coordinating
Agency (NICA)
q. Intelligence Service of the Armed Forces
of the Philippines (ISAFP)
r. Other Agencies of the government
exercising similarly related functions in
the field of national security, public
safety, and peace and order;
2. In line with the practice of teaching
profession such as those performed by a
professor, instructor or teacher in any
university, college or school duly recognized
by the government on any of the following
professional and component subjects of the
criminology program:
a. Criminal Jurisprudence and Procedure;
CRIM 1811
b. Criminalistics;
c. Law Enforcement Administration;
d. Crime Detection and Investigation;
e. Correctional Administration;
f. Sociology and Ethics
g. Other technical and specialized subjects
in the criminology curriculum provided by
the CHED;
3. As a technician, examiner/criminalist, or
specialist in dactyloscopy, questioned
document, deoxyribonucleic acid (DNA), lie
detection, firearms identification, forensic
photography, forensic chemistry, other
scientific crime detection and investigation or
forensic science;
4. As a correctional administrator, executive,
supervisor, or officer in any rehabilitation,
correctional, and penal institution or facility,
and in any community - based corrections,
and rehabilitation agencies and/or programs;
5. As a counselor, consultant, adviser or
researcher in any government or private
agency on any aspect of criminological
research or project involving the causes of
crime, children in conflict with the law,
treatment and correction of persons deprived
of liberty (PDL), police operation, law
enforcement administration, scientific
criminal investigation or public safety and
national security administration; and
6. As a private investigator, administrator,
consultant or agent, or detective in any
private security and investigation agency
organized under the laws of the Philippines.
The Board, in consultation with the AIPO
and the academe, subject to the approval of the
Commission, may revise, exclude from or add to
the above enumerated acts or activities as the
need arises to conform with the latest trends in
the practice of criminology in the country.
15

The Board shall coordinate with
government agencies involve in the national
security, public safety, peace and order, and
criminal justice to evaluate and identify which
positions in those agencies involve the practice of
criminology profession as identified in the PDF or
job description.
QUALIFICATION OF AN APPLICANT FOR THE
LICENSURE EXAMINATION
(Section 14, RA No. 11131)
1. Must be a citizen of the Philippines or a
foreign country / state has reciprocity with the
Philippines in the practice of Criminology.
2. Must be of good moral character, good
reputation and of sound mind and body
certified by the school where he / she
graduated and the barangay where he / she
lives, unless the examinee is a foreign
national, a certification from any professional
of good standing will do.
3. Must hold a bachelor’s degree in Criminology
duly accredited by the CHED and conferred
by a school / college / university duly
authorized by the government or its
equivalent degree obtained by either Filipino
or foreign citizen from an institution of
learning in a foreign country / state: Provided,
that it is duly recognized and / or accredited
by the CHED.
4. Must not have been convicted of an offense
involving moral turpitude by a court of
competent jurisdiction.
Crimes involving moral turpitude
describes an offense or crime that is vile or an
insult to morality. Such a crime typically involves
fraud, dishonesty, or anything that goes against
the norms of society. This may include abduction
with consent, bigamy, concubinage, smuggling,
rape, estafa through falsification of a document,
attempted bribery, profiteering, robbery, murder
whether consummated or attempted, estafa,
CRIM 1811
thief, illicit sexual relations with a fellow worker,
violation of BP 22, falsification of document,
intriguing against honor, violation of the Anti-
Fencing Law, violation of Dangerous Drugs Act of
1972 (Drug-pushing), perjury, forgery, direct
bribery, frustrated homicide.
5. Those who failed five (5) times whether
consecutive or cumulative in the
criminologists licensure examination; must
present a certification issued by a reputable
institution duly recognized by the CHED that
such applicant has satisfactorily completed a
refresher course in criminology.
Documentary Requirements for the Criminologist
Licensure Examination
1. Certificate of Live Birth in Philippine Statistics
Authority (PSA) Security Paper;
2. Marriage Contract in PSA Security Paper for
married female applicants;
3. College Diploma issued by PHEI with
indication therein of the date of graduation
and Special Order Number, unless it is not
required. In case of degree equivalency,
the college diploma and the certificate of
equivalency issued by CHED.
4. Baccalaureate Transcript of Records (TOR)
with indication therein of the date of
graduation and Special Order (SO) Number,
unless it is not required;
5. CHED Certification, Authentication and
Verification (CAV);
6. National Bureau of Investigation (NBI)
Clearance;
7. Regional Trial Court Clearance;
8. Certificate of Good Moral Character issued
by the school Dean of the Criminology
Program with the corresponding dry seal of
the college, and the barangay where the
applicant actually resides;
9. Other documents that the Board may
reasonably require
Subject to Section 29 on Foreign
Reciprocity, foreign nationals applying to take the
16

Criminologist Licensure Examination shall submit
the following documentary
requirements:
1. Duly authenticated college diploma and
transcript of records issued by foreign HEI.
2. Certificate of Equivalency from the CHED (if
he/she graduated from a foreign
university/school)
3. Certification of good standing from any
professional criminologist
SCOPE FOR CRIMINOLOGY LICENSURE
EXAMINATION EFFECTIVE DECEMBER 2022
1. CRIMINAL LAW AND JURISPRUDENCE
(20%) – 100 ITEMS
DAY 1 - AM
a. Introduction to Philippine Criminal Justice
System - 5
b. Criminal Law, RPC Book 1 - 20
c. Criminal Law, RPC Book 2 – 35
d. Criminal Evidence - 17
e. Court Procedure and Testimony - 18
f. Human Rights Education - 5
2. LAW ENFORCEMENT ADMINISTRATION
(L.E.A.) - (15%) – 100 ITEMS
DAY 1 – PM
a. Law Enforcement Organization and
Administration (with Inter-agency
approach) – 20
b. Comparative Models of Policing – 20
c. Introduction to Industrial Security
Concepts – 20
d. Law Enforcement Operations and
Planning with Crime Mapping – 20
e. CFLM2: Leadership, Decision Making,
Management and Administration - 20
3. CRIMINAL DETECTION & INVESTIGATION-
(20%) – 100 ITEMS
DAY 2 - AM
a. Fundamentals of Criminal Investigation
and Intelligence – 10
CRIM 1811
b. Traffic Management and Accident
Investigation with Driving – 15
c. Specialized Crime Investigation 1 with
Legal Medicine – 10
d. Specialized Crime Investigation 2 with
Simulation on Interrogation and Interview
– 10
e. Technical English 1 (Legal Forms) – 5
f. Technical English 2 (Investigative Report
Writing) – 10
g. Fire Protection and Arson Investigation –
15
h. Vice and Drug Education and Control – 5
i. Introduction to Cybercrime and
Environmental Laws and Protection - 10
4. CRIMINALISTICS - (15%) – 100 ITEMS
DAY 2 – PM
a. Forensic Photography - 17
b. Forensic Ballistics - 19
c. Dactyloscopy / Personal Identification
Techniques - 18
d. Questioned Documents - 17
e. Forensic Chemistry and Toxicology - 12
f. Polygraphy / Lie Detection Techniques -
17
5. CRIMINAL SOCIOLOGY - (20%) – 100
ITEMS
DAY 3 - AM
a. Introduction to Criminology - 10
b. Theories of Crime Causation - 15
c. Human Behavior and Victimology - 15
d. Professional Conduct and Ethical
Standards - 10
e. Juvenile Delinquency and Juvenile
Justice - 15
f. Dispute Resolution and Crises/Incident
Management - 10
g. CFLM1: Character Formation,
Nationalism and Patriotism - 5
h. Criminological Research 1 & 2 - 20
6. CORRECTIONAL ADMINISTRATION -
(10%) - 100
DAY 3 - PM
a. Institutional Corrections - 40
17
 CRIM 1811

b. Non – Institutional Corrections – 40 The deferred examinee shall only be

c. Therapeutic Modalities - 30 given 2 years from the date of the examination
and shall be required to obtain a grade not lower
than 80% on the subject, to be considered to
PRC’s SYSTEM OF THE EXAM have passed the licensure examination.
1. Proctor System
2. Test Questionnaires are Provided If the examinee failed to retake the after
3. Test Answer Sheets are Provided the lapse of 2 years or failed to get the passing
4. Shading System mark of 80%, the examinee shall retake all the
5. Multiple Choice Type of Exam board subjects.
6. All Exam At 100 Points
7. 2 Exam Areas/Day (6 Areas At 3 Days) Any examinee who failed three (3) or
8. Computerized Checking – Scantron more board subjects shall be deemed to have
failed the board examination.
PERSONS TO TEACH SUBJECTS FOR THE
LICENSURE EXAMINATION This Section shall take effect beginning
(Section 16, RA No. 11131) the second examination to be held in the year
2022 which will coincide with the first graduates
All subjects for the Licensure of CHED Memorandum Order No. 5, series of
Examinations in all HEIs shall be taught by a 2018, the revised Criminology curriculum.
registered Criminologists who is a holder of a
valid COR and updated PIC for criminologists, EXAMPLES OF PRC COMPUTATION
AIPO membership and CPD required units
earned and meet other CHED requirements. CRIMJURIS - 88 (.20) = 17.60
LEA - 87 (.15) = 13.05
Professionals from allied fields of CRIMINALISTICS - 87 (.15) = 13.05
criminology may be allowed to teach subjects for CRDI - 83 (.20) = 16.60
licensure examination as may be deemed proper CRIMSOC - 84 (.20) = 16.80
by the Board. In such case, the concerned CORAD - 90 (.10) = 9.00
professional and the HEI shall secure from the = 86.10 *PASSED
Board the authority or permit to teach.
CRIMJURIS - 78 (.20) = 15.60
RATING IN THE EXAMINATION LEA - 82 (.15) = 12.30
(Section 17, RA No. 11131) CRIMINALISTICS - 74 (.15) = 11.10
CRDI - 65 (.20) = 13.00
To pass the licensure examination for CRIMSOC - 69 (.20) = 13.80
criminologist, a candidate must obtain weighted CORAD - 80 (.10) = 8.00
average rating of seventy-five percent (75%) with = 73.80 *FAILED
no grade less than 60% in any given subjects.
NOTE: Passing is 75.00%, no round off.
In case the examinee obtains a weighted
average rating of 75% but has a grade below CRIMJURIS - 59 (.20) = 11.80
60% in any subjects, the result of the examinee LEA - 82 (.15) = 12.30
shall be DEFFERED and shall be required to CRIMINALISTICS - 74 (.15) = 11.10
retake that particular subject/s. CRDI - 90 (.20) = 18.00
CRIMSOC - 69 (.20) = 13.80
CORAD - 90 (.10) = 9.00

18
 CRIM 1811

= 76.00 *DEFFERRED from the AIPO prior to entering the practice of the
 Result is deferred. profession.
 1 or 2 area/s with below 60% regardless if Requests for individual special oath
the average is 75%, the area/s shall be taking shall be through a formal petition or
retake once within 2 years from the date of request
examination and shall be required to obtain for the approval of the Board stating thereto
80% on the area. reasonable cause why the successful examinee
 If examinee failed to retake after the lapse of was not able to participate in the joint mass oath
2 years or failed to get the passing mark of taking held for the purpose pursuant to Section
80%, examinee shall retake all the board 10, par (i) of RA 11131.
subjects.
ISSUANCE OF CERTIFICATE OF
CRIMJURIS - 59 (.20) = 11.80 REGISTRATION AND PROFESSIONAL
LEA - 59 (.15) = 8.85 IDENTIFICATION CARD
CRIMINALISTICS - 59 (.15) = 8.85 (Section 20, RA 11131)
CRDI - 100 (.20) = 20.00
CRIMSOC - 100 (.20) = 20.00 A COR shall be issued to those who
CORAD - 100 (.10) = 15.00 shall register, subject to payment of fees
= 84.50 *DEFFERRED prescribed by the Commission. It shall bear the
 Results is deferred. signatures of the
 3 or more area/s with below 60% regardless chairperson and the commissioners of the
if the average is 75% and above, examinee Commission and the chairperson and members
shall retake the 6 areas. of the Board, stamped with the official seals of
the Commission and of the Board, certifying that
REPORT OF RATING the person named therein is entitled to practice
(Section 18, RA 11131) the criminology profession with all the privileges
appurtenant thereto. It shall remain in full force
The Board of Criminology shall submit to and effect until withdrawn, suspended or revoked
the PRC the ratings obtained by the candidates in accordance with RA No. 11131.
not later than 10 days after the last day of
examination unless the period is extended for a A PIC bearing the full name, signature of
valid cause. the professional, registration no., dates of
issuance and expiry, duly signed by the
OATH Commission Chairperson shall be issued to every
(Section 19, RA 11131) registrant who has paid the prescribed fees. It
shall be re-issued after every three (3) years
All successful candidates of the licensure upon payment of the prescribed fees, compliance
examination shall take their oath of profession in with the prescribed CPD units, and certification
person before the Board or any of its members, by the AIPO as active member.
and with the AIPO in a mass oath-taking
ceremony, held for such purpose. Any person REFUSAL TO ISSUE CERTIFICATE OF
authorized by law may administer oath to any REGISTRATION AND PROFESSIONAL
successful examinee only upon approval and due IDENTIFICATION CARD OR TEMPORARY /
delegation by the Board and only upon SPECIAL PERMIT
presenting of membership and taking of the oath

19

The Board shall not register any
successful applicant for registration who has
been:
1. Convicted with finality of a crime involving
moral turpitude by a court of competent
jurisdiction.
2. Found guilty of immoral or dishonorable
conduct by the Board.
3. Summarily adjudged guilty for violation of the
General Instruction to the Examinees by the
Board.
4. Declared of unsound mind by a court of
competent jurisdiction.
In refusing such registration, the Board
shall give the applicant a written statement
setting
forth the reasons thereof and shall file a copy in
its records.
REVOCATION OR SUSPENSION OF THE
CERTIFICATE OF REGISTRATION AND
CANCELLATION OF TEMPORARY / SPECIAL
PERMIT
The Board shall have the power, upon
notice and hearing, to revoke or suspend the
certificate of registration of a registered
criminologist or to cancel a temporary/special
permit granted to foreign criminologist for
the following causes/grounds:
1. Violation of any provision of RA No. 11131,
this IRR, the Code of Ethics, the Code of
Good Governance, or policy of the Board
and/or the Commission;
2. Conviction of a crime with finality involving
moral turpitude;
3. Perpetration or use of fraud in obtaining
one's certificate of registration, professional
identification card or temporary/special
permit;
CRIM 1811
4. Gross incompetence, negligence, ignorance
resulting to death or injury of a person, or
damage to property;
5. Nonrenewal of the professional identification
card for six (6) years or for two (2)
consecutive renewal period with the PRC
without justifiable cause; Aiding or abetting
the illegal practice of a non-registered
criminologist by allowing the use of one's
certificates of registration and/or professional
identification card or temporary/special
permit;
6. Practicing the profession during the
suspension from the practice; (h) Addiction to
drugs or alcohol impairing one's ability to
practice the profession or a declaration by a
court of competent jurisdiction that the
registrant is of unsound mind; and
7. Noncompliance with the CPD and AIPO
reasonable requirements as approved by the
Board, unless one is exempted therefrom, for
the renewal of the professional identification
card.
REISSUANCE OF REVOKED CERTIFICATE OF
REGISTRATION, REPLACEMENT OF LOST OR
DAMAGED CERTIFICATE OF REGISTRATION,
PROFESSIONAL IDENTIFICATION CARD OR
TEMPORARY/SPECIAL PERMIT
The Board may, upon a verified petition,
reinstate or reissue a revoked certificate of
registration after two (2) years from the effectivity
of the period for revocation, which is the date of
surrender of the certificate and/or the
professional identification card, if still valid to the
Board and/or the Commission.
The petitioner shall prove to the Board
that one has valid reason/s to practice anew the
profession. In the granting of the petition, the
Board shall issue a Board resolution, subject to
approval by the Commission.
20

A certificate of registration, professional
identification card or temporary/special permit
that has been declared lost may be reissued in
accordance with the rules thereon and
upon payment of prescribed fees.
NON-PAYMENT OF PIC ANNUAL/RENEWAL
FEES
The Board shall suspend a registered
criminologist from the practice of the profession
whether in government service or have used the
license as eligibility equivalent for promotion in
government service or in private sector for
nonpayment of PIC renewal for two (2)
consecutive renewal periods. Other surcharges
shall be determined and charged by the
Commission.
RENEWAL OF PROFESSIONAL
IDENTIFICATION CARD
The professional identification card shall
be renewed only upon the completion of the
prescribed minimum units of the CPD program by
the registered professional from the AIPO as a
CPD Provider or from any accredited provider as
duly authorized by the Commission.
VESTED RIGHTS; AUTOMATIC
REGISTRATION
All criminologists registered at the
effectivity of RA No. 11131 shall automatically be
registered thereunder, subject to the provisions
therein set forth as to future requirements. CORs
and PICs or temporary/special permits held by
such persons in good standing at such effectivity
date shall have the same force and effect as
though they were issued on or after the said
effectivity.
LAWFUL PRACTICIONERS OF CRIMINOLOGY
CRIM 1811
1. Natural persons
 Duly registered criminologists and holders of
valid certificates of registration and valid
professional identification cards issued by the
Board and the Commission pursuant to RA
No. 11131.
2. Juridical persons
 Single proprietorship whose owner and
technical staff are registered criminologists;
 Partnership duly registered with the
Securities and Exchange Commission (SEC)
as professional partnership pursuant to the
Civil Code and composed of partners
majority of whom are registered
criminologists;
 Corporation duly registered with the SEC as
engaged in the practice of criminology and
with officers and Board of Directors whom
are all registered criminologists; and
 Association and cooperative duly registered
with the appropriate government agency as a
non-stock corporation where majority of the
officers, Board of Trustees and members are
registered criminologists.
These juridical persons shall also be
registered with the Board and the Commission in
accordance with the rules and regulations
thereon. The Board shall issue a separate
guideline to implement this provision.
FOREIGN RECIPROCITY
No foreigner shall be allowed to take the
licensure examination for criminologists, register,
receive one's certificate of registration and
professional identification card, and practice
criminology in the Philippine unless the
requirements for the licensure examination
21

and/or registration and practice of criminology
imposed under the laws and regulations in the
foreign country/state are substantially the same
as those required and contemplated by the
Philippine laws and regulations, and unless the
foreign laws and regulation allow Philippine
citizens to practice criminology within the territory
of the foreign country/state on the same basis
and grant the same privileges as those enjoyed
by the citizens, subjects or nationals thereof.
A foreign national, whether or not he/she
studied in the Philippines, who desires to take the
Criminologists Licensure Examination, through
reciprocity, shall initiate the establishment of
reciprocity between his/her country or state and
the Philippines by submitting a letter or any
document signed by and under the official seal of
the appropriate official of his/her country or state
requesting the chairperson of the Board to allow
the foreign applicant to take the licensure
examination; and that by express provision of the
law of his/her country or state or international
treaty, agreement or covenant to which his/her
country or state and the Philippines are
signatories, Filipino citizens are allowed to take
the Criminologists Licensure Examination and to
register as such in said foreign country or state
on terms of strict and absolute equality with its
own citizens or subjects, including the
unconditional recognition of prerequisite degrees
issued by institutions of higher learning duly
recognized or established by the Government of
the Republic of the Philippines,
attaching/appending thereto an authenticated
copy of said law, treaty, agreement or covenant
officially translated in the English language, if
applicable.
If the letter/document and the copy of the
law or treaty, agreement or covenant submitted
by the applicant is satisfactory to the Board, the
foreign applicant shall be allowed to take the
Criminologists Licensure Examination by
requiring him/her to file an application to take the
licensure examination and by submitting the
following documents that shall accompany the
application:
CRIM 1811
1. Original or certified true copy of any official
document issued by the Bureau of
Immigration (BI) allowing the applicant to
enter and reside in the Philippines;
2. Copy of passport for examination and for
photocopying of pertinent information about
the applicant;
3. Original or certified true copy of the transcript
of records or equivalent document of the
course for licensure examination issued by
an institution of higher learning in case
he/she studied outside the Philippines, and
which must be duly authorized or accredited
by the country or state which issued such
document: Provided, that the documents
must also be certified by CHED to be
equivalent to the degree in Criminology
accredited/recognized in the Philippines; and
4. Other documents which may be required to
be submitted by the Board.
PRACTICE THROUGH TEMPORARY/SPECIAL
PERMIT
Temporary/Special permit may be issued by the
Board subject to the approval by the Commission
and payment of fees the latter has prescribed
and charged thereof to the following:
1. Registered criminologists from foreign
countries/states whose services are rendered
either for free or for a fee:
 If they are internationally known
criminologists or experts in any branch,
specialty or allied field of criminology;
and
 If their services are urgently and
importantly required for lack or
inadequacy of available local specialists
or experts; or for the promotion or
advancement of the practice of
criminology through transfer of
technology;
22
 CRIM 1811

service eligible to the following government

2. Registered criminologists from foreign positions:
countries/states whose services shall be free
and limited to indigent clients or for research 1. Dactylographer
purposes; and 2. Ballistician
3. Questioned Document Examiner
3. Registered criminologists from foreign 4. Forensic Photographer
countries/states employed as exchange 5. Polygraph Examiner
professors in a branch, specialty or allied 6. Probation Officer I to Chief Probation Officer
field of criminology, in schools, colleges or 7. Assistant Parole Officer
universities offering the course of 8. Special Investigator
criminology. 9. Special Agent
10. Investigative Agent
4. Filipino professionals in allied disciplines who 11. Intelligence Agent
intend to teach in PHEI offering criminology 12. Law Enforcement Evaluation Officer
program and in review centers for 13. National Police Commission (NAPOLCOM)
criminology licensure examination subject to Inspector
the conditions as stated in section 16 of this 14. Traffic Operation Officer
IRR. 15. Associate Graft Investigation Officer
16. Special Police Officer
The permit shall, among other things, 17. Safekeeping Officer
contain the following limitations and conditions: 18. Sheriff
19. Government Security Officer
1. its validity must be for a period coterminous 20. Criminal Investigator
with the contract or engagement but not 21. Warden
exceeding one (1) year subject to renewal; 22. Reformation Officer
23. Firefighter or Fire Officer 1
2. the branch or specialty of criminology; and 24. Fire Marshall
25. Jail Officer 1, Corrections Officer and
3. specific place of practice such as national Corrections Officer 1 up to the rank of
security, public safety, law enforcement Superintendent or its equivalent
agencies, center, school, college or 26. Police Officer up to the rank of Police
university offering the program or review of Superintendent or its equivalent in other law
criminology. The Board, subject to the enforcement, national security and public
approval of the Commission, shall safety agencies and criminal justice
promulgate rules and regulations on the administration
implementation of this particular section.
PREFERENCE OF APPOINTMENT IN
PRIVILEGES OF REGISTERED GOVERNMENT CRIMINAL JUSTICE AND
CRIMINOLOGISTS OTHER GOVERNMENT

All registered criminologists shall be Registered criminologists shall enjoy

exempt from taking any other entrance or PRIORITY APPOINTMENT and shall not be
qualifying government or civil service required to take any qualifying or entrance
examinations and shall be considered civil examination in the:

1. Philippine National Police (PNP)

23

2. NBI (National Bureau of Investigation)
3. BJMP (Bureau of Jail Management and
Penology)
4. Bureau of Corrections (BuCOr)
5. Bureau of Fire Protection (BFP)
6. Land Transportation Office (LTO)
7. Department of Justice (DOJ)
8. Commission on Human Rights (CHR)
9. Office of the Ombudsman
10. Philippine Ports Authority (PPA)
11. Commission on Elections (COMELEC)
12. Bureau of Treasury (BoT)
13. Philippine Amusement and Gaming
Corporation (PAGCOR)
14. Department of Environment and National
Resources (DENR)
15. Department of Tourism (DOT)
16. Department of Trade and Industry (DTI)
17. Armed Forces of the Philippines (AFP)
18. Bureau of Immigration (BI)
19. Bureau of Customs (BoC)
20. Department of Transportation (DoTR)
21. Air Transportation Office (ATO)
22. Civil Aviation Authority of the Philippines
(CAAP)
23. Bangko Sentral ng Pilipinas (BSP)
24. Bureau of Internal Revenue (BIR)
25. Commission of Higher Education (CHED)
26. City/Municipal Security Office
27. Metro Manila Development Authority
(MMDA)
28. Supreme Court and lower courts
29. Security Consultation;
30. Social Security System
31. NAPOLCOM
32. Autonomous Region of Muslim Mindanao
(ARMM)
33. Optical Media Board
34. Intellectual Property Rights Office
35. PDEA
36. Public Attorney's Office (PAO)
37. government-owned and controlled
corporations, agencies involved in national
security and public safety, and criminal
justice administration with positions involving
the practice of criminology
CRIM 1811
LATERAL ENTRY OF REGISTERED
CRIMINOLOGIST
(Section 36, RA 11131)
Registered Criminologists who are not in
the government shall be eligible and given
preference for appointment via lateral entry as
Police, Fire and Jail Inspectors or its equivalent in
the PDEA, NBI and other law enforcement
agencies:
Provided, that they possess the general
qualifications for appointment as provided in the
existing laws on appointment as provided in the
existing laws on appointment of Police Officers in
the PNP, BJMP, BFP, PDEA or NBI.
Provided, further, that those who are
already in the police, fire and jail services as non
– commission officers and who are already
registered and licensed criminologists shall be
given preference for lateral entry.
PENAL PROVISIONS FOR VIOLATING RA NO.
11131
A fine of not less than One hundred
thousand pesos (P100,000.00) nor more than
Five hundred thousand pesos (P500,000.00), or
imprisonment for not less than two (2) years and
one (1) day or more than six (6) years, or both, at
the discretion of the court shall be imposed upon
any person who shall commit any of the following
acts:
1. Practicing criminology as stated in Section 5
of RA 11131 without valid COR and a valid
PIC or a valid temporary/special permit;
2. Attempting to use the seal, COR and PIC of
a registered criminologist or
temporary/special permit issued to a foreign
criminologist;
3. Abetting the illegal practice of criminology by
an unregistered or unauthorized person;
24

4. Securing through false information or
fraudulent means certificate of registration
and professional identification card or
temporary/special permit;
5. Impersonating a registered criminologist or a
holder of a temporary/special permit; and
MIDTERM COVERAGE
CHAPTER 2
CRIMINOLOGICAL TERMS, PERSONALITIES AND EVENTS
Learning Objective:
Upon completion of the course, the students will be able to:
1. Discourse clearly on the different terms related to criminology, criminal justice and criminalistics.
CRIMINOLOGICAL TERMS:
1. Alcatraz – also known as the “Rock”; a
federal prison on Alcatraz Island in the chilly
waters of California’s San Francisco Bay
which housed some of America’s most
difficult and dangerous felons during its years
of operation from 1934 to 1963.
2. Alienist - a doctor specializing in the
treatment of mental illness; An expert witness
in a sanity trial.
3. Ancient Rome – a nation who pioneered
banishment as a form of punishment.
4. Anger - is an emotion characterized by
antagonism toward someone or something
you feel has deliberately done you wrong.
5. Anomie - is a condition in which society
provides little moral guidance to individuals.
Literally means “normlessness” or lack of
norms.
CRIM 1811
6. Violating any provision of RA No. 11131 or
this IRR.
Where the violator is a juridical person,
the Board of Directors and other responsible
officers of the corporation shall be held liable.
6. Anthropology – it is the science devoted to
the study of mankind and its development in
relation to its physical, mental and cultural
history.
7. Anthropometry – the attempt to obtain
character traits by measuring the human
body. Examples include Lombroso’s
measurement of atavistic stigmata and
Sheldon’s general physique or the
“somatotype”.
8. Anti-Social Personality - characterized by
patterns of irresponsible and antisocial
behavior, as well as aggressive tendencies.
9. Applied Criminology – the art of creating
typologies, classifications, predictions, and
especially profiles of criminal offenders, their
personalities and behavior patterns.
10. Atavism – (criminal atavism). In biology, it is
a modification of a biological structure
whereby an ancestral genetic trait reappears
after having been lost through evolutionary
25

change in previous generations.; evolutionary
throwback. It is associated with biological
theories of crime and Cesare Lombroso of
the Italian school of criminology in the late
1800s.
11. Auburn Prison System – It features were
confinement of the prisoners in single cells at
night and congregate work in shops during
the day.
12. Australia – a place where after the
Americans gained their independence from
England in 1786, the prisoners of England
was transferred until 1867.
13. Autophobia – (monophobia), it is a morbid
fear of one’s self, or of being alone; a morbid
fear of being egotistical, or a dread of being
alone or isolated.
14. Berlin – the country where the last burning of
stake was made until 1786.
15. Biometrics - is a technique for identification of
people that uses body characteristics or
behavioural traits and is increasingly being
used instead of or in conjunction with other
forms of identification based on something
you have (e.g. ID card) or something you
know (e.g. password or PIN).
16. Biometry – in criminology, a measuring or
calculating of the probable duration of human
life; the attempt to correlate the frequency of
crime between parents and children or
brothers and sisters. (siblings)
17. Biosocial Behavior – a person’s biological
heritage, plus his environment and social
heritage, influence his social activity. It is a
through the reciprocal actions of his
biological and social heritages that a
person’s personality is developed.
18. Conflict Criminology – Inspired by the
writings of Carl Marx, it states that economic
and political forces are significant factors to
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the commission of crimes. Crime is a function
of competition for limited resources and
power, class conflict would result to crimes.
19. Conflict of Culture Theory - by Thorstein
Sellin. It was emphasized in this theory that
the multiplicity of conflicting cultures is the
principal source of social disorganization.
The high crime and delinquency rates of
certain ethnic or racial group is explained by
their exposure to diverse and incongruent
standards and codes of larger society.
20. Containment Theory - criminality is brought
about by the inability of the group to contain
behavior of its member and that of effective
containment of the individual into the value
system and structure of society will minimize
crime.
21. Copycat Crime - A copycat crime is a
criminal act that is modelled or inspired by a
previous crime that has been reported in the
media or described in fiction.
22. Crime Typology – the analysis of criminal
behavior involving research on the different
types of crimes and criminals.
23. Criminal Psychodynamics – the study of
mental processes of criminals in action; the
study of genesis, development and
motivation of human behavior that conflicts
with accepted norms and standards of
society; this study concentrates on the study
of individual as opposed to general studies of
mass populations with respect to their
general criminal behavior.
24. Criminal Statistics – involves measuring the
trends and frequency of criminal activities
used as basis for criminal behavior.
25. Criminalists – one who reconstructs a crime
scene or works with crime scene evidence
for forensic purposes.
26

26. Criminality – a personal trait of an individual
as distinguished from crime which is an
event.
27. Criminaloid - (from the word "criminal" and
suffix -oid, meaning criminal-like) is a person
who projects a respectable, upright facade, in
an attempt to conceal a criminal personality.
This type, first defined by Cesare Lombroso
in the later editions of his 1876 work "the
Criminal man".
28. Criminogenic process – explains human
behavior and the experiences which help
determine the nature of a person’s
personality as a reacting mechanism; that
factors or experiences in connection thereto
infringe differentially upon different
personalities, producing conflict which is the
aspect of crime.
29. Criminologists – a person who studies
criminology. In legal terms, a criminologist
under RA 6506 is one who had passed the
Licensure Examination for Criminologists and
who is engage in the practice of Criminology.
30. Cultural conflict – a clash between societies
because of contrary beliefs or substantial
variance in their respective customs,
language, institutions, habits, learning,
tradition, etc.
31. Delusion – in medical jurisprudence, a false
belief about oneself, caused by morbidity,
present in paranoia and dementia praecox.
32. Dementia Praecox – a collected term of
mental disorders that begin at, or shortly after
puberty and usually leads to general failure
of mental faculties, with corresponding
physiological impairment.
33. Determinism - belief that individual behavior
is beyond the control of the individual;
opposite of free will.
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34. Differential Association Theory - Criminal
behavior is learnable and learned in
interaction with other deviant persons.
Through this association, they learn not only
techniques of certain crimes, but also specific
rationale, motives and so on.
35. Differential-Social Disorganization Theory -
This is sometimes called Social
Disorganization. There is social
disorganization when there is breakdown,
changes, conflict of values between the new
and the old, when there is reduced influence
of the social institution over behavior and
when there is declining influence of the solid
moral and ethical front.
36. Elite Deviance – also known as white collar
crime.
37. Elmira Reformatory – considered as the
forerunner of modern Penology, located in
Elmira, New York, in 1876. It features a
training school type of institutional program,
social case work, and extensive use of
parole.
38. Episodic Criminal – a non – criminal person
who commits crime when under extreme
emotional stress; a person who breaks down
and commits a crime as a single incident
during the regular course of natural and
normal events.
39. Erotomania – a morbid propensity to love or
make love; uncontrollable sexual desire. Or
excessive sexual craving by members of
either sex.
40. Free Will - the idea that human beings are
free to choose one behavior or action over
another.
41. Frustration - the feeling of being upset or
annoyed, especially because of inability to
change or achieve something.
27

42. Gay Bashing – Violent crime directed against
people due to their sexual orientation.
43. General Deterrence - involves the effects of
legal punishment on those persons who have
not suffered.
44. Hallucination – an individual with a strongly
self – centered pattern of emotion, fantasy,
and thought.
45. Hammurabi’s Code – a code after a
Babylonian King named Hammurabi who
firstly adopted the principle “an eye for an
eye, and a tooth for a tooth” in the imposition
of punishment.
46. Hate Crimes – refers to the acts of
intimidation and violence designed to frighten
and intimidate persons who are undesirable
by reason of race, religion, sexual orientation
or ethnic origin.
47. Hedonism - pleasure or the absence of pain
is the soul good in life.
48. Hereditary – have been believed to share
about equally in determining disposition, that
is, whether a person is cheerful or gloomy,
his temperament, and his nervous stability.
49. Hypermasculine – men who distinctively
have an uncaring sexual attitude and believe
violence is manly.
50. Imitation-Suggestion Theory - by Gabriel
Tarde, Delinquency and crime pattern are
learned and adopted. The learning process
either be conscious type copying or
unconscious copying of confronting pattern of
behavior.
51. Incapacitation - when they are locked up
behind bars, they can't commit anymore
crimes.
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52. Inheritance – the transmission of physical
characteristics, mental traits, tendency to
disease, etc., from parents to offspring. In
genetics, the tendency manifested by an
organism to develop in the likeness of a
progenitor due to the organism to the
transmission of genes in the productive
process.
53. Jonathan Edwards Family - opposite of jukes
Family, descendants are good people and
attained prominence in various fields.
54. Jukes Family - family of criminals.
Descendants are criminally minded and
committed crimes.
55. Kallikak Family - A Study in the Heredity of
Feeble-Mindedness was a 1912 book by the
American psychologist and eugenicist Henry
H. Goddard. The work was an extended case
study of Goddard's for the inheritance of
"feeble-mindedness," a general category
referring to a variety of mental disabilities
including mental retardation, learning
disabilities, and mental illness. Goddard
concluded that a variety of mental traits were
hereditary and society should limit
reproduction by people possessing these
traits.
56. Karyotype Studies - examination and
comparison of chromosomes.
57. Kleptomania – an uncontrollable morbid to
steal, or pathological stealing. The symptoms
of this disease usually consist of peculiar
motives for stealing and hoarding.
58. Logomacy – a statement that we would have
no crime if we had no criminal law, and that
we could eliminate all crimes merely by
abolishing all criminal laws.
59. Mark – refers to the target of a con man or
woman.
28

60. Masochism – a condition of sexual
perversion in which a person derives
pleasure from being dominated or cruelly
treated.
61. Megalomania – a mental disorder in which
the subject thinks himself great or exalted.
62. Melancholia – a mental disorder
characterized by excessive brooding and
depression of spirits; typical of manic –
depressive psychosis, accompanied by
delusions and hallucinations.
63. Mens Rea - The state of mind indicating
culpability which is required by statute as an
element of a crime. (Latin, guilty mind)
64. Middle of the 6th century – the period when
the first House of Corrections appeared in
England, on the petition of Bishop Ridley of
London for help in dealing with the sturdy
vagabonds of the city. The King gave his
place at Bridgewell to be one of the hospitals
of the City, for lewd and idle, and a place for
the employment of the unemployed and the
training of children.
65. Miller Lower-Class Culture Conflict Theory -
citizens who obey the street rules of lower
class life find themselves in conflict with the
dominant culture.
66. Mosaic Law – reflects the theocratic
disposition of the Hebrew society. All crimes
were punishable only as transgressions
against the will of God. Capital punishment
was widely employed, as well as ostracism
and exile from the community.
67. Necrophilism – morbid craving, usually of an
erotic nature for dead bodies. It is also a form
of perversion where sexual gratification is
achieved either through sexual intercourse
with, or mutilation of a dead body.
CRIM 1811
68. Neurosis - condition characterized by
anxiety, impulses may breakthrough and take
control.
69. Paranoia - pathological jealousy, quick anger
reactions and the bearing of grudges.
70. Penitentiary - repent of wrongdoing and the
will to atone for it.
71. Pennsylvania Prison System - a penal
method based on the principle that solitary
confinement fosters penitence and
encourages reformation.
72. Phobia - an extreme or irrational fear of or
aversion to something.
73. Phrenology - study of the shape of the skull
and bumps of facial features. The study of
facial features. Also known as Craniology
74. Physiognomy - to judge, interpret, or assess
a person's character or personality from his
or her outer appearance, especially the face.
This study and science was used by
Beccaria (1764) and lavater (1175) to
discover the character of a person.
75. Positivism - the belief that the classical
school of thought is wrong in explaining what
causes crime because they failed to explain
adequately the why portion.
76. Psychiatry - the study and treatment of
mental illness, emotional disturbance, and
abnormal behavior.
77. Psychoanalytic - the analysis of human
behavior. First laid out by Sigmund Freud in
the 19th century.
78. Psychopatic Personality – This is the most
important cause of criminality among youthful
offenders and habitual criminals. It is
characterized by infantile level or rescind,
lack of conscience, deficient feeling of
29

affection to others and aggression to
environment and other people.
79. Psychosis - severe form of mental
disturbance, behavior impairs or gets in the
way of everyday focus, Id takes control.
80. Recidivism - elapse into criminal behavior;
where you return back into the criminal
system.
81. Regression - a return to an earlier stage of
life or a supposed previous life, especially
through hypnosis or mental illness, or as a
means of escaping present anxieties.
82. Schizophrenia - often linked to criminal
behavior, incoherent thought process,
thinking is scrambled and may have split
personalities.
83. Schools of Thought - devices for organizing
fundamentally differing views of human
nature and relating them to issues
surrounding crime and its control.
84. Sexual Deviation - a type of mental disorder
characterized by a preference for or
obsession with unusual sexual practices.
85. Specific Deterrence - involves the effects of
legal punishment on those who have suffered
it.
CONTRIBUTORS / THEORISTS IN
CRIMINOLOGY
1. Dr. Cesare Lombroso – father of Modern
Criminology; the world famous authority in
the field of criminology who advocated the
Positivist Theory (Positivist School of
Criminology or the Italian School of
Criminology); He believed that crime is
essentially a social and moral phenomenon
and it cannot be treated and checked by the
imposition of punishment; and that a criminal
is just any person who is sick, and that he
CRIM 1811
should be treated in the hospital for his
possible rehabilitation and reformation. He
took a scientific approach, insisting on
empirical evidence in studying crime.
2. Raffaele Garofalo – an Italian jurist and a
student of Cesare Lombroso who rejected
the doctrine of freewill and supported the
position that crime can be understood only if
it is studied by scientific methods. He
developed a concept of the natural crime and
defined it as a violation of the prevalent
sentiments of piety (avoidance of causing
infliction of sufferings to others) and probity
(respect for the property of others).
He suggested that the death penalty could rid
the society of its maladapted members; while
for those who committed less serious
offenses, he preferred transportation to
remote islands, loss privileges,
institutionalization in farm colonies or
perhaps simple reparation. Clearly, Garofalo
was more concerned and interested in
protecting society than individual rights of
offenders.
CLASSIFICATION OF CRIMINALS BY
RAFFAELE GAROFALO:
a. Murderers – those who are satisfied from
vengeance or revenge.
b. Violent criminals – those who commit
very serious crimes.
c. Thieves – those who commit crimes
against property.
d. Lascivious criminals – those who commit
crimes against chastity.
3. Enrico Ferri – a student of Cesare Lombroso
and an Italian born in 1856, believed that
social as well as biological factors played a
role, and held the view that criminals should
not be held responsible for the factors
causing their criminality because it is beyond
their control. His book, the “Theory of
Imputable and the Denial of the Freewill”
30

published originally as sociology in 1884
emphasized the social factors in relation to
crime:
a. Physical factors – geographical climate
and temperature;
b. Anthropological and psychological
factors
c. Economic factors, political factors, as
well as age, education and religion
4. Dr. Charles Goring – an English statistician,
who studied the case histories of 2,000
convicts, and found that heredity, is more
influential as determiner of criminal behavior
than environment.
5. Alphonse Bertillon – a French law
enforcement officer and biometrics
researcher who created anthropometry, a
system of classifying criminals according to
bodily or physical measurements which
believes that human skeleton is
unchangeable after the 20 th year and
because no two individuals are alike in all
dimensions; this method of identification
received prominence in 1880’s but was
eventually supplanted by fingerprinting.
6. Adolphe Quetelet (1796 – 1874) – He is a
Belgian mathematician who started the
“Cartographical School of Criminology,
wherein he made use of data and statistical
analysis to gain insight into relationship
between crime and sociological factors. He
found that age, gender, poverty, education,
and alcohol consumption were important
factors related to crime.
7. Auguste Comte (1798 – 1857) is considered
the founder of positivist school and sociology.
He applied scientific methods in the study of
society, from where he adopted the word
sociology. He wanted a society in which all
social problems will be solved by scientific
methods and research. He believed that
large groups of people such as society, being
CRIM 1811
a subject of scientific study, can lead to the
discovery of specific laws that would greatly
help them.
8. Gabriel Tarde (1843 – 1904) – he was of the
opinion that society played an important role
in creating the criminal. However, individual
choice and chance were also important to
him. He introduces the concept of the
criminal as a professional type; believing that
most criminals went through a process of
training before finally becoming criminal.
Moreover, it was an accident of birth or
chance that put them in an atmosphere of
crime.
9. Emile Durkheim (1858 – 1917) – father of
sociology; according to him, crime is an
inevitable aspect of the society. It could
disappear only if all members of society had
the same values, and such standardization is
neither possible nor desirable. He called this
concept anomie which means a breakdown
of social order as a result of a loss of
standards and values. In society plagued by
anomie, disintegration and chaos replace
social cohesion. He is the proponent of the
Anomie Theory.
10. Alexander Lacassagne – the founder of the
Lacassagne School in France which was the
rival of the Lombroso’s Italian School. The
said school of thought rejected Lombroso’s
theory of criminal type and of born criminals
and stressed the importance of social factors.
However, contrary to criminological
tendencies influenced by Durkheim’s social
determinism, it did not reject biological
factors. Furthermore, Lacassagne criticized
the lack of efficiency of prison, insisted on
social responsibilities towards crime and on
political voluntarism as a solution to crime,
and thus advocated harsh penalties for those
criminals thought to be unredeemable
(recidivist).
31

11. Hans Eysenck (1977) – a British
psychologist, claimed that psychological
factors such as extraversion and neuroticism
made a person more likely to commit criminal
acts. He also included a psychoticism
dimension that includes traits similar to the
psychopathic profile developed by Hervey
Cleckley and later, Robert Hare.
12. Edwin H. Sutherland – an American authority
in criminology, who in his book “Principles of
Criminology”, considers criminology at
present as not a science, but it has hopes of
become a science. He is also called the
Dean of Modern Criminology and the Father
of American Criminology because of his
major contributions. He was the proponent of
the Differential Association Theory where
people learn criminal behavior from older,
more experienced criminals that they may
associate with. He was also known for his
definition of the “white collar crimes”.
Sutherland’s Differential Association Theory had
nine postulates:
a. Criminal behavior is learned;
b. Criminal behavior is learned from other
people in the process of communication;
c. Learning criminal behavior means learning
motivation, rationalization, attitudes and
techniques to commit the crime;
d. Particular motives and drives for criminal act
is learned from definitions of the legal codes;
e. One engages in criminal behavior because of
an excess of definitions favorable to violation
of law over definitions unfavorable to
violation of law;
f. Differential association differ in intensity,
frequency, duration, and priority;
g. The process of learning criminal behavior is
the same as learning any other type of
behavior;
h. Criminal behavior is an expression of general
needs and values, but it cannot be explained
by those needs and values alone.
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13. George L. Wilker – argued that criminology
cannot possibly become a science.
Accordingly, general proposition of universal
validity are the essence of science; such
proposition can be made only regarding
stable and homogeneous units but varies
from one time to another; therefore, universal
proposition cannot be made regarding crime,
and scientific studies of criminal behavior are
impossible.
14. Cesare Beccaria or Cesare Bonesana
Marquis of Beccaria (March 15, 1738 –
November 28, 1794) – was an Italian
philosopher and politician best known for his
treatise on: “Crimes and Punishments (1764)
which helped eliminate corrupt and inhumane
practices of criminal law administration at the
time. He advocated and applied doctrine
penology, that is to say make punishment
less arbitrary and severe; that all persons
who violated a specific law should receive
identical punishment regardless of age,
sanity, wealth, position, or circumstance.
15. Jeremy Bentham – was an English jurist,
philosopher and legal and social reformer.
He is best known as an early advocate of
utilitarian hedonism (the ethical theory that
pleasure (in the sense of the satisfaction of
desires) is the highest good and proper aim
of human life) and fair treatment of animals
that influenced the development of liberalism.
He also invented the panopticon, an
architectural form for a prison, which consisted of
a circular, glass-roofed, tank-like structure with
cells along the external wall facing toward a
central rotunda; guards stationed in the rotunda
could keep all the inmates in the surrounding
cells under constant surveillance. Although
Bentham’s novel idea was not fully adopted in the
plans for penal institutions built at that time.
16. Willem Adrian Bonger – He is a Dutch
criminologist and an international authority in
criminology who believed in a casual link
32

between crime and economic and social
condition. He asserted that crime is social in
origin and a normal response to prevailing
cultural conditions. He also classified crimes,
sexual crimes, political crimes, and
miscellaneous crimes with vengeance as the
principal motive.
17. Henry H. Goddard – who advocated the
theory that “feeblemindedness” inherited as
Mendellian unit, causes crime for the reason
that a feebleminded person is unable to
appreciate the consequences of his behavior,
or appreciate the meaning of the law.
18. David W. Maurer – an American authority in
police administration who, in his book, “The
Big Con”, once said, “the dominant culture
could control the predatory cultures without
difficulty, and what is more, it would
exterminate them, for no criminal subculture
can operate continuously and professionally
without the connivance of the law.”
19. Peter Rentzel – a private person who, in
1669, established a work house in Hamburg
at his own expense because he had
observed that thieves and prostitutes were
made worse instead of better pillory, and he
hoped that they might be improved by work
and religious instruction in the workhouse.
20. John Howard – the great prison reformer,
who wrote, “The State Prisons in England” in
1777, after a personal investigation of
practically all the prisons in England.
21. Rawson W. Rawson – utilized crime statistics
to suggest a link between population density
and crime rates, with crowded cities creating
an environment conducive for crime.
22. Henry Mayhew – used empirical methods
and an ethnographic approach to address
social questions and poverty, and presented
his studies in London Labour and the London
Poor.
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23. Sir Alec John Jeffreys – a British Geneticist,
who developed techniques for DNA
fingerprinting and DNA profiling.
24. Henry Maudsley - mental illness and criminal
behavior went hand in hand, crime prone
traits were inherited.
25. Thomas Hobbes - he believed that man is
egotistical and self-centered; if he thought he
could get away with it, then he would commit
the crime.
26. Donald Ray Cressey - was an American
penologist, sociologist, and criminologist who
made innovative contributions to the study of
organized crime, prisons, criminology, the
sociology of criminal law, white-collar crime.
He was considered the founder of the
modern study of organized crime.
SIGNIFICANT EVENTS IN CRIMINOLOGY:
1. 1870 – 1880 – was the Golden Age of
Penology because of the following reasons:
 The formation and organization of
National American Prison Association;
 In 1872, the first International Prison
Congress was held in London;
 In 1876, the Elmira Reformatory was
considered as the forerunner of Modern
Penology; and
 The first separate institutions for Women
were established in Indiana and
Massachusetts.
2. 1934 – The League of Nations adopted the
“Standard Minimum Rules for Treatment of
Prisoners”.
3. 1839 – Demetz of France established an
Agricultural colony for delinquency boys. The
33
 CRIM 1811

boys were housed in cottages with house

fathers as in charge. The system was based
on re – education rather than force. When
discharged, the boys were place under the
supervision of a patron.

CHAPTER 3
CRIMINOLOGY, CRIMINAL JUSTICE AND CRIMINALISTICS

Learning Objectives:

Upon completion of the course, the students will be able to:

1. Discuss and restate the different divisions / components of Criminology.

2. Comprehend and distinguish the different concepts of criminology, criminal justice and criminalistics.
3. Difference between a criminologist, criminalist and criminal justice practitioners.

WHAT ARE THE PRINCIPAL DIVISIONS / by forbidding conduct that may lead to
COMPONENTS OF CRIMINOLOGY? harmful results.

1. Criminal Etiology – the scientific analysis of
the causes of crime. It involves the
application of scientific analysis of the causes
of crime. An individual perpetrating a crime
had no reason; hence there is no single and
only explanation of causes of crimes. A
different theory has evolved in studying the
causes of crime such as biological,
sociological and psychological theories.
2. Sociology of Law - the study of law and its
applications. It entails the importance of law
or the criminal law as a process of formal
social control. Criminal law seeks to protect
the public from harm by inflicting punishment
upon those who are tempted to do harm.
Thus, criminal law often strives to avoid harm
3. Penology – the study that deals with
punishment and the treatment of criminals; It
is also the study of criminal punishment, is a
sub – field of criminology. Criminologist
theorized about why people commit crimes
and deviate from society’s norms of behavior.
They also study how society punishes
criminals because different methods of
punishment may cause people to alter their
behavior in different ways. Thus,
criminologists devise theories that not only
explain in the causes of crime but also
address its prevention, control and treatment.
4. Criminalistics or Forensic Sciences – one or
more area of concern in crime detection and
investigation. Today, one or more area of

34
 CRIM 1811

concern in criminology is crime detection and streams of the community, through

investigation. Criminologists are also
engaged in studying the criminal things.
Therefore, forensic sciences are covered in
the broad field of criminology.
WHAT IS CRIMINAL JUSTICE?
institutional or community-based programs.
5. Community - refers to the elements that are
mobilized and energized to help authorities in
effectively addressing the law and order
concern of the citizenry.

Criminal Justice refers to the machinery
used by the government to maintain social
control, prevents crime, enforce laws, and
administer justice.
WHAT ARE THE 5 PILLARS / COMPONENTS
OF THE PHILIPPINE CRIMINAL JUSTICE
SYSTEM?
1. Law enforcement - consists mainly of the
Philippine National Police (PNP) and other
law enforcement agencies such as NBI,
PDEA and others. The work of the PNP is
the prevention and control of crimes,
enforcement of laws, and affecting the arrest
of offenders, including the conduct of lawful
searches and seizures to gather necessary
evidences so that a complaint may be filed
with the Prosecutor’s Office.
2. Prosecution - takes care of the investigation
of the complaint. It is primarily tasked to
investigate and prosecute all criminal
offenses defined and penalized under the
Revised Penal Code and other special penal
laws.
In the United States, Law enforcement,
Courts and Correction are the 3 pillars of their
criminal justice.
WHAT ARE PCJS OPERATIONS?
1. Preventing the commission of crimes;
2. Enforcing the law;
3. Protecting life, individual rights and property;
4. Removing dangerous persons from the
community;
5. Deterring people from indulging in criminal
activities;
6. Investigating, apprehending, prosecuting and
imposing penalty upon those who cannot be
dissuaded from breaching the rules of
society; and
7. Rehabilitating offenders and returning them
to community as law abiding and useful
citizens of the society.

3. Courts - The court plays a dual role in the

Philippine Criminal Justice System: as
participants and supervisor. In its role as
participants, the court determines for the guilt
or innocence of the accused. The courts are
responsible for the trial process. As
supervisor, the court acts as important
guardian of human rights.

4. Corrections - undertakes the information and

rehabilitation of offenders for their eventual
absorption into the social and economic

35

A criminal commits crime by means of
things, or that something he left in the crime
scene. These things he used in the crime scene
which are the objects of criminalistics are known
as physical evidence.
WHAT ARE EXAMPLES OF PHYSICAL
EVIDENCES?
1. Blood and blood stains
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks
Physical evidences are variable. Some
are visible; some are very small and have to be
looked for with a microscope. Some must be
tested with the application of chemicals in order
to find out what they are.
Some physical evidences such as latent
prints are not visible and have to be dusted with
powders or examined and searched with special
lights to be visualized.
WHAT ARE THE TWO DIVISIONS OF
CRIMINALISTICS?
1. Scientific – require the study of science and
mathematics before practical training in the
laboratory.
a. Chemistry – the original name for
criminalistics is Forensic chemistry,
which shows the importance and
significant role of a chemist in the field of
criminalistics. A chemist includes the
following exertion but not limited to
alcoholic analysis, toxicology, narcotic
CRIM 1811
CRIMINOLOGY AND CRIMINALISTICS
and substance abuse testing, firearms
discharge residues, identification of paint
chips, chemical development of latent
CRIMINOLOGY CRIMINALISTICS
social science An applied science
Deals more on Use practical and
theories technological theories
Study of criminal Study of criminal
people things
The scientific study the sum total of the
of crime as an application of all the
individual and social sciences in crime
phenomenon. detection.
fingerprints and all types of analysis
through the use of chemical reagents
and electronic instruments.
b. Physics – the duties of a physicist in a
crime laboratory include but not limited to
firearms identification, tool mark
comparison, scientific photography,
traffic or vehicular accidents for the
purpose of finding out the speed and
direction of vehicles, and use of X – rays
to the detection of crime.
c. Biology – is the study of living things.
The science that deals with the origin,
history, physical characteristics, life,
processes, habits, etc. of plants and
animals. The biologists in a police
laboratory study all kinds of living things
– blood, semen, urine, hairs, and skin.
He particularly skilled in the use of
microscope. His most important role in
criminalistics is to examine bloodstains in
36

order to find out if they are of human or
animal origin.
2. Technological – usually learned directly by
practical training in the laboratory thru the
supervision of an experienced examiner.
a. Questioned Document Examination –
this technological division of
criminalistics is concerned with the
examination of forged, altered, or
suspects papers, in order to determine
and see if they are genuine or not.
b. Firearms Identification / Ballistics – it
deals with the study regarding
comparison and identification of
weapons alleged to have been used in
the commission of the crime.
c. Fingerprint Identification / Dactyloscopy –
is the cornerstone of personal
identification. The system is based on
the undisputed fact that after so many
studies and research, “No two person
have the same fingerprint” or the
“principle of Individuality”. It is a positive
proof wherein law enforcement agencies
look upon the science as the best
evidence of positive identification. It can
aid the police investigators in identifying
persons in custody, and when it is found
at the crime scene, it can also help
identify and locate the perpetrator by
means of examining and comparing
every minute details of the fingerprint
lifted or developed from the crime scene
from the suspect’s fingerprint.
d. Forensic Photography – it is an
indispensable instrumentation in the field
of criminalistics, hence you cannot do
anything in criminalistics without it. It
cannot be separated from the
criminalistics because every criminalist
should know how to photograph
evidence. Special photography in
criminalistics includes micrography,
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macrography, infra – red, ultraviolet and
special light procedures.
e. Lie Detection / Polygraphy – this is one
of the scientific methods in crime
detection although it is not a part of
criminalistics. In criminal investigation,
test or question individuals for the
purpose of detecting deception or
verifying truth of statements through a
visual, permanent and simultaneous
recording of person’s cardio – vascular
and respiratory pattern. Polygraph
machine merely measures certain
physical reactions as affecting the
respiratory rate, blood pressure / pulse
rate and galvanous skin resistance, in
connection with the application of a
reliable questioning technique for
diagnosing deceptions.
DIFFERENCE BETWEEN A CRIMINOLOGIST,
CRIMINALIST AND CRIMINAL JUSTICE
PRACTICIONERS
A criminologist is a person who studies
criminology. He is more concerned with the
scientific aspects of crimes in relation to criminal
justice. He analyzes crimes and criminal
behaviors and attempts to provide explanations
as to who commits crime and why they do it.
(Manwong, 2013)
A criminalist study criminalistics or
forensic sciences. He is trained in the application
of instruments and methods essential in detecting
and investigating crimes.
One cannot be called a criminalist if he is
not a criminologist.
The criminal justice practitioner is a
person who deals in the broad areas of law
enforcement courts and corrections. His work
may include police work, probation or parole work
or counseling and correctional work in
correctional institutions.
37
 CRIM 1811

CHAPTER 4
SCHOOLS OF THOUGHT IN CRIMINOLOGY

Learning Objective:

Upon completion of the course, the students will be able to:

1. Compare and contrast the different school of thoughts in Criminology.

Many criminology theories are rooted in
certain schools of thought, which help explain
criminal behavior and enable the criminal justice
system to appropriate punishment. A school of
thought is a particular idea or set of ideas held by
a specific group; It is an idea or doctrine that a
group strongly believes in, be it through
practicing this idea in their everyday life or
through fighting for its adoption.
(BusinessDictionary, 2019).
1. Classical Theory / Classical School of
Criminology / Classical Criminology
Proponent: Cesare Beccaria (1738 – 1794) and
Jeremy Bentham
 The classical school developed during the
Enlightenment (18th century) in response to
excessive and cruel punishments to crime.
Beccaria argued for more humanitarian or
rational forms of punishment and against
physical punishment and the death penalty.
He believed that punishment should fit the
crime and not be excessive.
 A primary premise of the classical school
was the fundamental equality of all people,
which meant that every person should be
treated equally under the law. It sought to
eliminate cruel public executions, which were
designed to frightened people into
obedience. (Siegel, 2005)
 Criminal behavior would be subject to similar
punishment, and people had to know what
categories of conduct were punishable.
Punishable conduct would only be that which
encroached on someone else’s freedom in
violation of the social contract. No longer

38

would status be a factor to receiving
favorable treatment or more favorable
punishment.
 Central to the classical school was the
presence of free will. All people act within
reason; conduct results from the conscious
operation of a person’s will after reflection
and choosing among alternatives of action.
People know the difference between right
and wrong. Awareness of right and wrong
combined with crime as a choice played into
how the classical school thought of
punishment. Because crimes are chosen
through free will, they should be punished
swiftly and proportionally to the crime. This is
the most effective deterrent to crime.
 Beccaria and Bentham also believed in the
concept of utilitarianism / utilitarian hedonism
which pertains to the concept that in the
behavior choices, people want to achieve
pleasure and avoid pain. Crimes occur when
the potential pleasure and reward from illegal
acts outweigh the likely pains of
punishments.
 To deter crimes, punishment must be
sufficient – no more, no less, to
counterbalance criminal gain. Beccaria’s
famous theorem was that, in order for
punishment to be effective, it must be public,
prompt, necessary, the least possible in the
given circumstances, proportionate and
dictated by the law. The catch phrase was
“let the punishment fit the crime.”
ELEMENTS OF THE CLASSICAL
CRIMINOLOGY
1. In every society, people have free will to
choose criminal or lawful solutions to meet
their needs or settle their problems.
2. Criminal solutions may be more attractive
than lawful ones because they usually
require less work for a greater payoff.
3. A person’s choice of criminal solutions may
be controlled by his or her fear of
punishment.
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4. The more severe, certain and swift the
punishment, the better able it is to control
criminal behavior.
WHAT ARE THE ARGUMENTS AGAINST THE
CLASSICAL THEORY?
 Unfair – it treats all men as if they are robot
without regard to the individual differences
and the surrounding circumstances when the
crime is committed.
 Unjust – having the same punishment for first
offenders and recidivist.
 The nature and definition of punishments is
not individualized.
 It is the magna carta of the professional
criminals. He knows what is coming to him
and could calculate the risks.
 It considers only the injury caused, not the
mental condition of the offender.
2. Neo – Classical Theory / Neo – Classicist
School of Criminology
Proponent: Sir William Blackstone
 Argues that classical theory should be
modified in certain details.
 Allowing for mitigating circumstance by
looking at the situation (physical and
social environment) in which the
individual had been placed.
 Some allowance was given for an
offender’s past record. A court needs to
take into account an offender’s criminal
history and life circumstances when
making a decision about someone’s
sentence.
 Consideration should be given for factors
like incompetence, pathology, insanity
and impulsive behavior. Also, certain
individuals, such as children and the
mentally ill, are generally less capable of
exercising their reason.
 Neo - classicism heavily emphasizes free
will and human rationality; it simply
refined these ideas slightly so that they
39

would work in the world and in day-to-
day operations of the criminal justice
system. This model provided a look at
possible influences that could undermine
volition. Agencies of social control in all
advanced industrial societies have
adopted this model of human behavior.
3. Positivist Theory / Positivist or Italian School
of Criminology / Positivist Criminology
Proponents: Cesare Lombroso, Enrico Ferri
and Raffaele Garofalo - HOLY TRINITY IN
CRIMINOLOGY
 It opposed the classical school’s
understanding of crime. All people are
different, and thus vary in their
understanding of right and wrong; this
needed to be a barometer for
punishment. The person and not the
crime should be punished.
 Maintain that crime as any other act is
natural phenomenon and is comparable
to calamity and disaster.
 Denied individual responsibility and
reflected as essential non – punitive
reaction to crime and criminality. Man is
subdued occasionally by a strange and
morbid phenomenon which conditions
him to do wrong in spite of or contrary to
his volition.
 Crime is essentially a social and moral
phenomenon and it cannot be treated or
checked by the imposition of
punishment, fixed and determined but
thru the enforcement of individual
measures in such particular case after
prior investigation conducted by a
competent body of psychiatrists and
social scientist.
 Basis of criminal responsibility for the
criminal is his dreadfulness or dangerous
state.
 Positivists believed that the causes of
crime could be identified through the
CRIM 1811
application of the scientific method. Once
causes were discovered, the individual
offender could be treated (or
rehabilitated) much as the medical
doctors treat the causes of harmful
illnesses. It uses the method of
positivism which consisted of carefully
observing the characteristics of criminals
to gain insight into the causes of
antisocial conduct or behavior.
 Positivism’s focus on the individual may
have been the greatest contribution to
criminology and the criminal justice
system. It led to classifications of
offenders, such as habitual criminals, as
well as categories between insanity and
sanity. It also led to the use of
psychology in studying offenders,
opening the way for different kinds of
sentences and treatments that fit the
criminal and not the crime.
THREE TYPES OF CRIMINALS IDENTIFIED BY
LOMBROSO
a. Born criminal – atavist (savage)
CHARACTERISTICS OF A BORN CRIMINAL
OR ATAVIST
1. They had a deviation in head size and shape;
2. Their faces were not symmetrical;
3. They would have excessive dimensions of
the jaw and cheek bones;
4. They would have eye defects and peculiarity;
5. They had ears of unusual size – very small or
standing out from the head as do those of
chimpanzees;
6. the nose would be twisted and upturned. For
thieves, the nose would be flat, beak-like for
murderers or with the tip rising like a peak;
7. The lips would be fleshy and swollen;
8. The dentition would be abnormal;
9. The chin would be receding or excessively
long or excessively flat as in apes;
10. Abundance and variety of wrinkles;
40

11. Anomalies of the hair marked by
characteristics of the hair of the opposite sex;
12. Defects of the thorax – too many or too few
ribs
13. Inversion of sex characteristics in the pelvic
region;
14. Excessive length of the arm;
15. Too many or too few fingers or toes
b. Insane criminal – alcoholics, kleptomaniacs,
nymphomaniacs, and child molesters, idiot
and imbeciles. Although insane criminals
bore some stigmata, they were not “born
criminals”, rather they become criminal as a
result of an alteration of the brain, which
completely upsets their moral nature.
c. Criminaloids – not born with physical
stigmata, but who are such mental make - up
that they display antisocial conduct.
Criminaloids are persons suffering from
psychological defects.
 habitual criminals - who become so by
contact with other criminals, the abuse of
alcohol, or other “distressing
circumstances.”
 juridical criminals - who fall afoul of the
law by accident
 criminals by passion - hot – headed and
impulsive persons who commit violent
acts when provoked or because of
inferiority complex.
WHAT ARE THE RESULTS OF THE POSITIVE
SCHOOL OR ITALIAN SCHOOL?
 Emphasis have been shifted from legal,
metaphysical and juristic obstruction to a
scientific study of the criminal and the
conditioned which he commits a crime.
 The old punishment was change.
4. Chicago School of Criminology
CRIM 1811
Proponents: Robert Ezra Park (1864 – 1944),
Ernest W. Burgess (1886 – 1966), Louis Wirth
(1897 – 1952) and other colleagues in the
sociology department at the University of
Chicago
 Adopted a social ecology approach to
studying cities, and postulated that urban
neighborhoods with high levels of poverty
often experience breakdown in the social
structure and institutions such as family and
schools. This results in social
disorganization, which reduces the ability of
these institutions to control behavior and
creates an environment ripe for deviant
behavior.
 Chicago School of sociologists argued that
crime was not a function of personal traits or
characteristics but rather a reaction to an
environment that was inadequate for proper
human relations and development. Thus,
they challenged the widely held belief that
criminals were biologically or psychologically
impaired or morally inferior. Instead, crime
was a social phenomenon and could be
eradicated by improving social and economic
conditions.
41
 CRIM 1811

PREFINAL COVERAGE

CHAPTER 5
SOCIOLOGY OF LAW

Learning Objective:

Upon completion of the course, the students will be able to:

1. Discuss and comprehend the concept, purposes, and sources of law as a process of social control.

WHAT IS SOCIOLOGY OF LAW? phenomena and vice versa. Some of its

 It is a division of criminology which attempt to
offer scientific analysis of the conditions
under which penal or criminal laws develop
as a process of formal social control.
areas of inquiry include the social
construction of legal issues, and the relation
of law to social change.
WHAT IS A LAW?

 It refers to both a sub – discipline of LAW is a rule of conduct, just and

sociology and an approach within the field of obligatory, promulgated by competent authority
legal studies. for common observance and benefits.

 It is also a diverse field of the study which WHAT ARE THE TWO TYPES OF LAW?
examines the effect of legal institutions,
doctrines and practices of other social

42

1. NATURAL LAWS – are rooted in core values
shared by many cultures. Natural laws
protect against harm to persons (murder,
rape, assault) or property (theft, larceny,
robbery), and form the basis of common law
systems. Ex. All laws under the Revised
Penal Code (RA 3815)
2. STATUTES (STATUTORY LAWS) – are
enacted by legislatures and reflect current
cultural mores, albeit that some laws may be
controversial. Ex. Special Laws like Laws
that prohibit marijuana use and gambling.
WHAT ARE THE DIFFERENT ASSORTMENTS
AND FUNCTIONS OF LAWS?
1. Substantive Law - defines the rights and
duties of persons. It determines a wide
assortment of matters, for example, what is
required to form a contract, what is the
difference between theft and robbery, when
one is entitled to compensation for an injury,
and the like.
2. Procedural Law – defines and deals with
procedures for enforcing those rights and
duties. It determines the court or
administrative agency that may deal with a
claim or dispute, the form of trial, hearing or
appeal, the time limits involve, and the like.
3. Public Law – affects and involves the
relationships within the governments and
individuals. It is not usually codified and is
not quite clearly defined in Great Britain and
in the U.S.
4. Administrative Law – pertains to rules that
reach into all manner of activities, including
licensing, regulation of trades and
professions, protection of health and
promotion of welfare.
5. Constitutional Law – is the most extensive
and pervasive of any country in the world. It
is embodied in the Constitution and in the
CRIM 1811
opinions of the Supreme Court rendered over
time.
6. Civil Law or Private Law – involves the
various relationships that people have with
one other and the rules that determine their
legal rights and duties among themselves.
The subject is concerned with rules and
principles pertaining to possession,
ownership and use of property, contracts
between individuals, family relationships, and
redress by way of compensation for harm
inflicted on one person by another.
7. Criminal or Penal Law - is defined as that of
a branch of municipal or State law which
defines crimes, treats of their nature, and
provides for their punishment.
Act No. 3815 is also known as the
Revised Penal Code, the Criminal Law of the
Philippines. Likewise, it embodies different
special laws and decrees which are penal in
nature.
WHAT ARE THE PRINCIPAL PARTS OF THE
REVISED PENAL CODE?
1. Articles 1 to 20 – principles affecting criminal
liability.
2. Articles 21 – 113 – provisions on penalties
including criminal and civil liability.
3. Articles 114 – 367 – felonies defined under
the different titles.
Act 3815 or the Revised Penal Code was
recently amended by Republic Act No. 10951
- an act adjusting the amount or the value of
property and damage on which a penalty is
based, and the fines imposed under the
Revised Penal Code, amending for the
purpose Act No. 3815, otherwise known as
43

“the Revised Penal Code”. It was approved
last August 29, 2017.
Among its amendments, a fine, whether
imposed as a single or as an alternative penalty,
shall be considered in the following:
 afflictive penalty - if it exceeds One million
two hundred thousand pesos (P 1,200,000) –
from 6,000
 correctional penalty - if it does not exceed
One million two hundred thousand pesos
(PI,200,000) but is not less than Forty
thousand pesos (P40,000) – less than 6,000
– 200
 light penalty - if it be less than Forty thousand
pesos (P40,000).” - not exceeding 200
WHAT ARE THE SOURCES OF CRIMINAL LAW
IN THE PHILIPPINES?
The main sources of Philippine laws are:
1. The 1987 Philippine Constitution - the
fundamental and supreme law of the land.
2. Statutes - including Acts of Congress,
municipal charters, municipal legislation,
court rules, administrative rules and orders,
legislative rules and presidential issuances
(Executive Orders and Presidential Decrees).
3. Treaties and conventions - is a formal written
agreement entered into by actors in
international law, namely sovereign states
and international organizations; these have
the same force of authority as statutes.
4. Judicial decisions - Art 8 of the Civil Code
provides that ‘judicial decisions applying to or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines’. Only decisions of its Supreme
Court establish jurisprudence and are binding
on all other courts.
CRIM 1811
5. Customary laws - also forms part of the
Filipino legal system. Art 6, para 2 of the
Constitution provides that ‘the State shall
recognize, respect, and protect the rights of
indigenous cultural communities to preserve
and develop their cultures, traditions and
institutions’.
6. Quran, Sunnaqh, Ijma and Qiyas - the
primary sources of Muslim law / Shariah.
WHAT ARE THE CHARACTERISTICS OF
CRIMINAL LAW?
1. GENERALITY – It provides that criminal law
is binding on all persons who live or sojourn
in the Philippine territory.
2. TERRITORIALITY – states that criminal laws
undertake to punish crimes committed within
the Philippine territory with the exceptions
provided within the Article 2 of the RPC.
a. For the Code to apply the offense must
be committed in a Philippine ship or
airship. Nationality of the vessel is vested
by the registration. Therefore, a ship or
airship is Filipino if it is registered in the
Philippines, particularly the government
agency attributed with such function.
b. Any person who shall forge any coin or
currency note or obligation of the
Philippines and introduce the same in the
territory, even if such was committed
outside the territory, maybe tried in the
Philippines for violation of the Code.
c. A public officer, as defined in the Code,
may be criminally liable, even if he is
outside the Philippines, if an offense is
committed in the exercise of their
functions.
d. When a person commits a crime against
national security and law of nations, he
may be held liable under Philippine
Laws. The crimes committed against
national security and the law of nations
are found in Chapter 1, Book 2 of the
44

Code, and they are as follows: treason,
conspiracy to commit treason, misprision
of treason, espionage, inciting to war or
giving motives for reprisal,
correspondence with hostile country,
violation of neutrality and piracy.
The offenses enumerated in Article 2 of the
Code are said to be subject of trial in the
Philippines, despite it extra-territorial application,
because its pernicious effects are felt in the
Philippines.
3. PROSPECTIVITY – The penal law cannot
make an act punishable in a manner in which
it was not punishable when committed (ex
post facto law). Thus, crimes are punished
under the laws in force at the time of their
commission. It cannot be given retroactive
effect UNLESS favorable to the accused who
is not a habitual delinquent.
WHAT ARE THE TWO THEORIES OF THE
PENAL CODE?
1. CLASSICAL THEORY / JURISTIC THEORY
 Best remembered by the maxim “an eye
for an eye, a tooth for a tooth”. The
purpose of penalty is retribution. The
offender is made to suffer for the wrong
he has done.
 A man is regarded as a moral creature
who understands right from wrong; he
must be prepared to accept the
punishment, therefore.
2. POSITIVE THEORY / REALISTIC THEORY
 The purpose of penalty is reformation.
Crimes are regarded as a social
phenomenon, which constrains a person
to do wrong although not his own
volition.
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 A tendency towards crime is the product
of one’s environment. There is no such
thing as natural born killer. This was
criticized as being too lenient.
BRIEF HISTORY OF PHILIPPINE CRIMINAL
LAW
Before the Code of Kalantiao was
promulgated in 1433, the People of Pre –
Spanish Philippines had a customary and
unwritten laws only.
Some of the most striking laws
promulgated during this period were:
a. Due respects to elders and parents
b. Strict obedience of children to their parents
c. Strict fulfillment of contract, and
d. Equality of husband and wife both socially
and in the control of their property.
With the promulgation of the Code of
Kalantiao in 1433, the penal laws were made
severe and extensive. According to the code, the
penalties for felonies and other misdemeanors
were:
a. Death
b. Incineration
c. Mutilation of fingers
d. Slavery
e. flagellation
f. Being bitten by ants
g. Swimming under water for a time and other
disciplinary penalties
The Code likewise provided severe
punishment to men who were cruel to their wives,
husbands who maltreated innocent wives were
sentenced to death. Adultery, as well as the
contracting of marriage to very young girls was
severely punished.
The following are some of the most significant
attribute of the Kalantiao Code:
45
 CRIM 1811

1. Ye shall not kill; neither shall ye steal; neither 6. Slavery of doam (certain period of time) shall
shall ye hurt the age; lest ye incur the danger be suffered by those who steal away women
of death. All those who infringe this order of the headmen; by him who keeps ill –
shall be condemned to death by being tempered dogs that bite headman; by him
drowned with stones in the river, or in boiling who burns the fields of another.
water. 7. All those, shall be beaten for two days, who
2. Ye shall obey. Let all obey. Let your debts sing while traveling by night; kill the bird
with headmen be met punctually. He who mana – ol; tear the document belonging to
does not obey shall receive for the first time the headman….. or mock the dead.
one hundred lashes. 8. They shall be burned; those who by their
3. Who does not comply with, obey, and strength, cunning have mocked at escaped
observed this order shall be condemned to punishment; or who kill young boys; or to
swim for three hours (for the first time) and steal away the women of the agorangs (old
for the second time, to be beaten to death men).
with sharp thorns or for the third time, shall
be lacerated with thorns.
4. Ye shall obey; he who makes exchanges for
food, let it always done in accordance with
his work.
5. He, who does not comply, shall be beaten for
one hour, he who repeats the offense shall
be exposed for one day among ants.
CHAPTER 6
CRIMINAL ETIOLOGY

Learning Objectives:

Upon completion of the course, the students will be able to:

1. Discuss and comprehend the concept of criminal etiology.

2. Identify and discuss the different factors that influence criminal behaviors.

CRIMINAL ETIOLOGY is a division of A human being is co – terminus with his

criminology which attempt to provide scientific
analysis of the causes of crimes.
Two things should be considered: man
and his criminal behavior in relation to Criminal or
Penal Law. In effect, identifying the causes of
crimes is a primordial consideration in the
program of attaining peace and order.
WHY DOES A PERSON COMMITS CRIME?
own personality or characteristic traits, including
the conditions in the environment in which he
lives. He cannot live alone by himself. He is one
way or another intimately connected with his
environment and his own personality. All his
activities must have some boiling point, so to
speak, that germinate some situations and
circumstances within the society, community,
family, friends, and himself. It is just comparable
to a saying, “it takes two to tango, it takes two to
argue.”

46

Consequently, his biological conditions;
his personality; immediate environment – bad
neighborhood, family relation, and parent care
(primary social groups); and Governmental
institutions – penal system, law enforcement,
prosecution and courts, including economic and
cultural conditions, could be the contributing
factors to crime. They are somehow man’s
propellant to criminal behavior.
Be this as it may, all persons have
criminalistics tendencies, but only the antisocial
behavior within him is dormant, that is, not in
active process. It may be activated only if those
propellant degrees of internal or external
elements, or a combination of both, ignite him to
do so.
Therefore, there is no such single and
only explanation of causes of crime. There are
rather multiple factors – social forces and
environment that somehow motivate man to
commit crime.
WHAT IS A CRIMINAL BEHAVIOR?
Criminal behavior, therefore, is an
intentional behavior that violates a criminal code
(Bartol, 1995). It may also refer to the study of
the human conduct focused on the mental
processes of the criminal: the way he behaves or
acts including his activities and the causes and
influences if his criminal behavior.
WHAT IS THE FORMULA FOR CRIMINAL
BEHAVIOR?
C = T+S
R criminal behavior because they are sinful.
WHERE:
C = criminal act
T = total tendencies
S = total situation
R = person’s mental and emotional
resistance to temptation
CRIM 1811
This formula shows that a person’s
criminal tendency and his resistance to them may
either result in criminal act depending upon which
of them is stronger. This means that a crime or
criminal behavior exist when the person’s
resistance is insufficient to withstand the
presence of his desire or intent and the
opportunity.
WHAT ARE THE TYPES OF EXPLANATION TO
CRIMINAL BEHAVIOR?
1. Single or unitary cause – crime is produce
only by one factor or variable, they are social,
biological or mental. This theory is no longer
in use at present.
2. Multiple factor theory – crime is not a product
of a single cause or factor but a combination
of several factors. Some factors are playing a
major reason while the other is playing the
minor role. This is the accepted theory of
crime causation.
3. Electric theory – crime is one instance maybe
caused by one or more factors, while in other
instances it is cause by another set of
factors.
EARLIER EXPLANATIONS OF THE
EXISTENCE OF CRIMINALITY
1. Crime is caused by demons (paganism era).
Men violate social norms and religious
practices because they are possessed by
demons or evil spirits.
2. Crime is caused by divine will. Men manifest
God is the offended party when they commit
crimes, and punishment is in the form of
plagues, earthquakes, or other forms of
desolation. This way, God’s anger is
lessened.
47

3. Crime is matter of personal offense and
retribution (ancient World, early Greek law).
The earliest form of punishment was private
revenge, in which the victim or the victim’s
kin retaliated for injury and the community did
not interfere. This often resulted in vendetta
or blood feuds that could continue for many
years until one or the other family was
completely wipe out.
4. Crime is equal to sin (Middle Ages). Crime
and sin was treated as the same substance
and nature. The state claimed that it was
acting in the place of God when it inflicted
horrible punishments such as ostracism (in
ancient Greece - temporary banishment from
a city by popular vote), stoning, exile from the
communities, burning, decapitation, and
capital punishment.
WHAT ARE CONTRIBUTING FACTORS TO
CRIME?
1. Biological Factors
2. Personality
3. Environment: Primary social groups, and
4. Environment: Broader social groups
1. Biological Factors
 This approach is from the point of view of
physiological organism. It assumes that
individuals vary in behavior because of
their biological structural differences.
 This refers to: (a) Heredity, (b) endocrine
glands or constitutional elements of the
body with certain personality disorder
and (c) anatomical structure or physical
disease or disorder.
a. Heredity
 Heredity means a biological endowment
or a gift of nature; inherent talent, ability
CRIM 1811
or quality, can be transmitted from parent
to the children or offspring. The
existence of genetic factor (origin of
something) in predisposing an individual
to mental illness. In other words,
premises of biological factors view belief
that biological inheritance of crime is
based on the following assumptions:
 First, is that criminal act itself is inherited
under the view, it is noted that there must
be some direct connection between
biological structure and behavior which
assumed to be inherited. Such as for
instance of mental illness –
schizophrenia and manic depression can
be transmitted from the parents to their
children.
 Second, a schizophrenic person
possesses a tense and oversensitive
temperament while a person suffering
from manic - depressive psychosis is
easily irritated and angered, and
becomes abusive whenever his desires
are blocked. When such persons are
exposed to certain exciting elements
from his surroundings or environment, it
may push him to flare up and provoke.
 But contrary to it, West explains in his
book that heredity has nothing to do with
crime because according to him, “one is
not born to be a killer, a robber or rapist.”
He further explained that criminal
behavior is produced by faulty child
rearing rather than inheritance.
b. Endocrine Gland or constitutional elements
of the Body with certain Personality Disorder
 Endocrine gland designating, or of any
gland producing one or more internal
secretions are introduced directly into the
bloodstream and carried to other parts of
the body whose functions they regulate
48

or control. Examples of this kind of
Biological Theory are neurosis and
psychosis.
 Neurosis is any kind of the mental
functional disorder characterized by
anxiety, compulsion, phobia, depression,
dissociation, etc.
 On the other hand, psychosis
(psychoses – plural) is a major mental
disorder in which personality is very
seriously disorganized and contact with
reality is usually impaired. It can either
be functional which is characterized by
lack of apparent or organic cause, and
principally of the schizophrenic or manic
depressive type, and b) organic which is
characterized by pathological organic
condition such as brain damage or
disease or metabolic disorders, etc.
c. Anatomical Structure or Physical Disease or
Disorder
 This explanation or type of biological
factor of criminality assumes that
individuals vary in behavior because of
their biological structures differ. An early
example was known as "physiognomy"
or art of discovering character by
observation and measurement of
outward appearances especially the
face. Johann Kaspar Lavater, a Swiss
Theologian, regarded the lack of beard in
man, the shifty eye or angry eye and
weak chin serve as clues to unfavorable
personality or characteristics traits of an
individual.
 Similarly, “phrenology” or any of the
protuberances of the skull as interpreted
with reference to one's mental faculties
as interpreted with reference to one's
mental faculties (pseudomy science), as
popularized by Franz Joseph Gall,
CRIM 1811
assumed that the exterior of the skull
compose the shape of the brain. The
term is also similar with craniology.
 Various faculties are localized in different
parts of the brain and consequently the
"bumps" on the skull would show the
relative development of such faculties as
conjugality, friendliness, self - esteem,
firmness, sexual passion, love of
children, and so on. Bumps showing high
development of sexual passion,
combativeness and similar lower
proportion are supposed to reveal
criminalistic tendencies.
2. Personality
 Accordingly, one psycho - analyst
maintains that, feeblemindedness
causes crime for the reason that
feebleminded individual is unable to
appreciate the law, or to unforeseen the
consequences of his act. Another psycho
- analyst states that crime is cause by a
lack of balance between intellectual and
emotional capacities. Still others explain
crime as one which is due to unsettled
mental conflicts which are generally
sexual in origin, while some others
attribute crime to inferiority. However,
that inferior mentality is neither the
specific cause nor outstanding factor in
crime delinquency.
 Accordingly, although a higher
percentage of delinquent children came
from the ranks of mentally defective,
particularly from those of borderline
intelligence, it is not the mental
deficiency per se but the inability of the
said child to make adequately in school,
or social adjustment that usually result in
his delinquent act.
a. Psychopathic Personality
49

 The terms "psychopathic personality"
and "constitutional psychopathic
inferiority" are used with little or no
differentiation in reference to persons
who are regarded as emotionally
abnormal, but who do not manifest that
break with reality that characterized
psychosis.
 A psychopathic person is one whose
behavior is largely amoral and asocial
and who is characterized by
irresponsibility, lack of remorse or
shame, perverse or impulse (often
criminal) behavior, and other serious
personality defects, generally without
psychotic attacks or symptoms."
 Investigators who are convinced that all,
or almost all criminals have "had
personalities", can contribute criminality
of persons showing no ordinary
psychosis or neurosis to psychopathic
personality.
b. Psychosomatic Personality
 "Psychosomatic designating” is the
physical disorder of the body originating
in, or aggravated by the psychic or
emotional processes of the individual.
Accordingly, psychosomatic condition,
being an expression of both bodily and
psychological maladjustment, is the
result of a faulty development reaction
which has taken place at an early stage
in life of a person and which is related to
a “deformation of his character."
 When disturbance of bodily or emotional
function or of behavior occur, they are
related to the distorted character of the
individual. Otherwise stated, when a
person commits a crime, both
psychological and physical factors
intermingle.
CRIM 1811
c. Alcoholism
 Alcoholism is significant in the study of
criminology in two aspects:
 First, it may be a crime in itself or may be
directly related to a violation of certain
laws, such as being an element or
ingredient to either mitigating or
aggravating circumstances in the
commission of a crime.
 Second, it may directly contribute to the
violation of other laws, such as rape,
vagrancy, assault, and many more.
 In certain cases or areas, it is known that
when a person or when people become
intoxicated, they are almost certain to
start fights, jeopardized peace and order,
and to some extent result in the
commission of crime.
 On the other hand, many psychiatrist in
making classifications of psychopaths,
interpret alcoholism as form of an
abnormal method of escaping from
reality, or as a dosage of temporary relief
of personal problems.
d. Other personality deviations
 Emotional instability and other traits of
personality have been studied by
psychologists and psychiatrist
independent of the concept of
psychopathic personality and delinquent
behavior, are frequently attributed to one
or more of these traits.
 Dozens have been made on instinct,
emotions, moods, temperaments, moral
adjustments, ethnical discrimination, as
well as of specific tendencies as
aggressiveness, caution, conformity,
consciousness, deception, self -
50

assurance, social resistance,
suggestibility and many others.
3. Environment: Primary Social Groups
 This general class of theories attributes
criminality to factors like neighborhood,
broken homes and other family patterns,
parental neglect and the like.
a. The home
 The home has been called the "cradle of
human personality," for in it, the child
forms fundamental attitudes and habits
that endure throughout his life.
 In fact, the kind of conscience that a child
develops depends largely upon the kind
of parents that he has. They are persons
who give the child love, attention,
guidance, security, standards, and all
other things that he needs. If they are
kind, loving, honest, sincere, and stable,
he comes to regard people as friendly,
understanding, dependable, loyal, and
worthy of his respect and admiration. If
however, they are cold, disparing,
rejecting, neglectful, or cruel; he learns to
distrust, to dislike, or even to hate
people.
 Children are mirrors of the family about
them, and they persistently reflect what
they learn in it. Thus, the home can be a
potent force of either good or evil, for
either law - abiding, or for crime and
delinquency. Given a home, the child
tends to become a good citizen.
 A home is a good home for a child if the
following conditions are present:
a. The child is love and wanted and
knows it;
CRIM 1811
b. He is helped to grow up by not
having too much or too little done for
him;
c. He is a part of the family, he has fun
with the family he belongs;
d. His early mistakes and badness are
understood as a normal part of
growing up, and he is corrected
without being hurt, shamed, or
confused;
e. His growing skills - walking, talking,
reading, making things are enjoyed
and respected;
f. He feels his parents care as much
about him as they do about his
brothers and sisters;
g. The family sticks together and the
members help one another; and
h. He is moderately and consistently
disciplined from infancy, limits sets
for his behavior, and helped to take
increasing responsibility for his own
conditions.
 Psychologists are coming to realize more
and more that the kind of person on
becomes depends to a large extent on
one's early life. Infancy and early
childhood are periods during which
fundamental habits of living are learned,
attitudes are formed, and meaning to
things and life situations are given. Each
act, each experience contributes much or
little to the life one is building, whether it
is a life of respectability and honor, or
one of delinquency and crime.
b. Bad neighborhood
 When we speak of bad neighborhood,
we are referring to areas or places in
which dwellings or housing conditions
are dilapidated, unsanitary, unhealthy,
which are therefore, detrimental to the
morale, health and safety of the
populace. Bad neighborhood is certainly
51

overcrowded with two or more families. It
is characterized as distinctive areas of
anonymity of disintegrated and
disorganized inhabitants and other close
relatives. Most if not all inhabitants have
said stories about economic difficulties,
alcoholism, substance abuse, gambling
and many other problems in life they
have had experience of.
 Bad neighborhood also connotes as the
hangouts of bad elements of society by
reason of anonymity, and at the same
time, conducting practical training of
techniques of their various criminal
activities, to the youth and young adults
within their neighborhood.
 Bad elements of the society prefer to
dwell in such community not only
because of the sense of anonymity
among its members and inhabitants, but
also because they are not welcome in
the decent places. And thusly, they feel
within themselves as outcasts in decent
places and are apprehensive that their
presence will be reported to the police.
c. Broken Home
 Broken home suggests legal separation,
de facto separation between parents, or
natural separation, that is, either due to
death of the other or just physical
absence due to the nature of the work of
the other parent, including lack of interest
on the part of the present parent in the
welfare of the children.
 Many of the problematic children, if not
juvenile delinquents have found to have
come from broken homes. But it does not
necessarily mean that broken home is
the only and single cause of juvenile
delinquency. Many responsible youth
and young adults have reached the hall
CRIM 1811
of fame, so to speak, in their own rights,
in spite of being the product of a broken
home. Nevertheless, broken home could
trigger the problems in juvenile
delinquency and criminality.
 Most juvenile delinquents are ill –
advised, if not misguided young citizens
of the community, who are naïve and
innocent enough to face their
irresponsible parents out of pride and
allege marital incompatibility. More often,
delinquent parents are muddled with
drunkenness, economic difficulties, and
ineffective household management.
Hence, their families are not concerned
about their welfare. They are left to
themselves as if they have no parents to
turn to in case of needs and problems;
they have nobody to turn to except their
peers, who are willing to listen and share
their problems.
 With the foregoing situations,
communication gap and disrespect
among parents and other members of
the family will result in delinquency,
which is divided into different classes, to
wit:
a. Environmental delinquents – which is
characterized by being occasional
law breakers;
b. Emotionally maladjusted delinquents
– who are considered as habitual law
breakers, and who therefore cannot
avoid or stop from doing it; and
c. Psychiatrist delinquent – refers to a
child who becomes delinquent due to
mental illness coupled with serious
emotional disturbance in the family.
4. Environment: Broader Social Process
52

 This theory maintains that institutions like
schools, church, government, particularly
the police, prosecution, courts and
correctional institutions, one way or the
other, are attributes to criminality. This
theory includes also the adverse
economic conditions due to catastrophe
and man – made disasters.
a. School
 The school is in a strategic position to
prevent crime and delinquency. In fact,
this is the only institution which is in
better position to mold a child to become
a law – abiding and useful member of the
society.
 The school exercises it authority over
every child who is of school age. It
receives him when he is young,
observes, supervises, and teaches him
for many hours each week during some
of his impressionable years, has an
excellent opportunity to influence his
attitudes and behavior, has the support
of the public opinion and the law in its
works an enjoys the confidence and trust
of almost all persons. Thus, it can well
serve as the spearhead in an overall
attack against crime and delinquency.
 The school has fourfold responsibility,
and they are:
a. To instill and inculcate civic and
patriotic responsibility in children.
b. It functions as an agency of social
control over the more and culture of
society.
c. It provides technical competence to
children for their future employment.
d. It is a place where initial verification
can be manifested towards criminal
behavior.
 In a survey made of secondary school
students of the qualities which they
CRIM 1811
dislike in their least – liked teachers, the
following defects of teachers were found
to be causative of their dislike for school:
a. Too cross, crabby, grouchy, never
smiles, nagging, sarcastic, and
temperamental;
b. Not helpful with school work, does
not explain lessons and
assignments, not clear, work, not
planned;
c. Partial, has “pets” or favored
students and picks on certain
students;
d. Superior, aloof, haughty, snooty,
overbearing, does not know you out
of class;
e. Unreasonable, intolerant, ill –
mannered, too strict, makes life
miserable;
f. Unfair in grading, unfair in tests and
examinations;
g. Inconsiderate of pupil’s feelings,
bowls out pupil in the presence of
classmates, pupils are afraid and ill
at ease and dread class;
h. Not interested in pupils and does not
understand them;
i. Unreasonable assignments and
homework; and
j. Too loose in discipline, lacks control
of class, and does not command
respect.
 Conditions like the above makes the
students’ experience in school result in
frustration, inadequacy, insecurity and
confusion and the escape in naturally
truancy which has been called the
“kindergarten of crime”. It is necessarily,
therefore, that for schools to become
effective, teaching must be well – liked
and that the policies of education should
be for the students and the needs of the
community. Teachers, whose moral
influence on the students has been lost
or destroyed, should be substituted for
others with more effective personalities.
53

Next to parents, the teachers stand as
foremost in their influence to human
behavior.
b. The church
 Religion, with its emphasis on moral and
life’s highest spiritual values, the worth
and dignity of the individual, and respect
for the person and property of others,
generates powerful forces in opposition
to crime delinquency.
 Here, we are concerned with the specific
steps that the church can take to prevent
these problems. Some of these steps
can be outlined as follows:
a. The church should cooperate closely with the
police, social welfare workers, school official,
mental hygiene clinics, correctional
institutions, and other agencies dealing with
problem children, delinquents, or criminals;
b. It should provide official representative to
serve as qualified counselors in courts, and
other agencies dealing with delinquents or
criminals;
c. It should present a united front in attacking
the forces that are detrimental to family life
and general morality and in promoting proper
law enforcement, adequate regulations of
commercial recreation, and the development
of better recreational facilities;
d. It should strive to give religion a more
dignified and influential position in the
program of correctional institutions;
e. It should be constantly engaged in finding
ways and means of putting its religious
teaching into practice;
f. It should offer educational programs
designed to prepare people for marriage and
family life and to assist parents in the
handling of their family problems.
CRIM 1811
 There is no doubt that religion is a
positive force for good community and
influence against crime and delinquency.
However, the religious climate is not
pervasive in its influence. Many people
seem to understand religion through the
routine of the rituals and its mechanics,
but not its true spirit as living faith.
c. The police
 A police agency like the Philippine
National Police that vigorously and
efficiently enforce the law, operates as a
definite deterrent to the commission of
crime and delinquency, and therefore,
contributes in a significant way to the
prevention of these problems. The police
are in the better position to draw up
special programs for the prevention and
control of crime and juvenile
delinquency.
d. The government
 The government is the organized
authority that enforces the laws of the
land and one of the most powerful in the
control of the people.
 Respect for the government is influenced
by the respect of the people running the
government. When people see that
public officers and employees of the
government are the first ones who violate
that law, and refuse to obey it, they set a
bad example for others to follow and
create an atmosphere which is
conducive to crime and disrespect for the
law.
 The pattern of conduct set by the
government officials influence the
conduct of the people in the community.
When public officials themselves failed to
comply with their duties, then they
commit crimes and engage in graft and
corruption. They weaken the very
54

foundation of the government and
contribute to the spread of crime and
delinquency.
 A government to be truly responsible to
the needs of the people must be able to
combat crime and delinquency and
maintain peace and order.
 When the government is inefficient and
corrupt, not only does it suffer from gross
disrespect, but it suffers from non –
cooperation from the people. In this
regard, the government indirectly
sanctions crime itself.
e. The prosecution
 The general rule that, in filing of
information, the fiscal does not need the
previous filing of a complaint by the
offended party. This acknowledge
authority of the prosecutor to institute
and maintain a criminal action carries
with it disregard the intervention of the
private persons who may have been
directly injured by the commission of the
offense.
f. The court
 The prevention of crime and delinquency
is the concern of all, the involvement of
everybody, and the responsibility of all
the branches of the government. Court
can contribute substantially towards the
realization of this principal responsibility.
 The court functions as a court of law and
not as a power organ. The solemn oath
and commitment of those who man the
court is defend the Constitution and the
law.
CRIM 1811
 The role of the court therefore, may more
or less be circumscribed within this
context in connection with crime
prevention.
h. Correctional institutions
 It is considered as the weakest pillar
among the components of the Philippine
Criminal Justice System, mainly because
of their failure to reform offenders and
prevent them from returning to criminal
life.
 Another reason why the correctional
institutions are the weakest pillar of the
criminal justice system, is the fact that
authorities lack the necessary
coordination with the free community
doing away the prerequisite of police
clearance for purposes of employment,
whereby former prisoners encounter
difficulties in seeking employment
therein, including as well the absence of
job placement for former prisoners as
part of their rehabilitation and adjustment
period in the free world.
55
 CRIM 1811

CHAPTER 7
CRIMES

Learning Objectives:

Upon completion of the course, the students will be able to:

1. Comprehend and discuss the different concepts of crimes.

2. Distinguish and recall different types and classifications of crimes.

Crime is defined as an act committed or Crime is also a generic name that refers
omitted in violation of a public law forbidding or to offense, felony and delinquency or
commanding it. It is also ascribed to as act that misdemeanor.
violates the law of the nation.
THREE MOST COMMON CONCEPTS OF
CRIME

56

As cited by Siegel, 2005, there are three
most common concepts of crime used by the
criminologists. The definition of crime affects how
criminologists view the cause and control of
illegal behavior and shapes their research
orientation.
1. Consensus View of Crime – It is a belief that
majority of the citizens in society share
common values and agree on what behavior
should be defined as criminal.
Crimes are behaviors that all elements of
society considered to be repugnant. The rich and
powerful as well as the poor and indigent are
believed to agree on which behaviors are so
repugnant that they should be outlawed and
criminalized. Therefore, the criminal law reflects
the values, beliefs and opinions of society’s
mainstream. The term consensus implies general
agreement among majority of citizens on what
behaviors should be prohibited by criminal law
and hence, be viewed as crimes.
2. Conflict View of Crime – the belief that
criminal behavior is defined by those in a
position of power to protect and advance
their own self – interest.
It depicts society as a collection of
diverse groups – such as owners, workers,
professionals and students who are in constant
and continuing conflict. Groups able to assert
their political power use the law and the criminal
justice system to advance their economic and
social position. Criminal laws, therefore are
viewed as acts created to protect the haves from
the have – nots.
Conflict criminologists often contrast the
harsh penalties exacted on the poor with the
minor penalties the wealthy received. Whereas
the poor go to prison for minor violations while
the wealthy are given lenient sentences for even
the most serious breaches of law.
CRIM 1811
3. Interactionist View of Crime – the belief that
those with social power are able to impose
their values on society as a whole, and these
values then define criminal behavior.
Crime reflects the preferences and
opinions of people who hold social power in a
particular legal jurisdiction. These people use
their influence to impose their definition of right or
wrong on the rest of the population. Criminals
therefore are individuals that society labels as
outcasts deviants because they violated social
rules. Crimes are outlawed behaviors because
society defines them that way, not because they
are inherently evil or immoral acts.
WHAT ARE THE THREE DEFINITIONS OF A
CRIME?
1. Crime is an act or omission in violation of a
criminal law. (legal definition)
 Act (commission) - means any bodily
movement tending to produce some
effect in the external world.
 Omission - means inaction, failure to do
a positive duty, which one is bound to do.
2. Crime is an anti-social act; an act that is
injurious, detrimental or harmful to the norms
of society; they are the unacceptable acts.
(social definition)
3. Crime is an act, which is considered
undesirable due to behavioral maladjustment
of the offender; acts that are caused by
maladaptive or abnormal behaviors.
(Psychologically definition)
WHAT ARE THE GENERIC NAMES FOR
CRIME?
1. Felony – (delito) is an act or mission that
violates the Revised Penal Code, the criminal
law in the Philippines (Reyes, 1960).
57

Note: all felonies are crimes but not all crimes are
felonies because it could also be an offense or
misdemeanor.
2. Offense – is an act or omission that violated
special laws (a special law is a statute
enacted by Congress, penal in character,
which is not an amendment to the Revised
Penal Code) such as:
a. Republic Acts
b. Presidential Decrees
c. Executive Orders
d. Memorandum Circulars
e. Ordinances
f. Rules and Regulations
3. Delinquency / Misdemeanor / Infraction –
acts that are in violation of simple rules and
regulations such as city or barangay
ordinances. It also refers to acts committed
by minor offenders such as curfew violations.
Ex. Jaywalking, spitting on the sidewalk,
littering, certain traffic violations, including
failure to wear a seatbelt.
WHAT ARE THE ELEMENTS OF CRIME?
1. Actus reus – the criminal act (guilty act)
2. Mens rea – criminal intent (guilty mind)
Offenders who commit crimes with mens
rea are to be held liable, except in the following
extenuating circumstances:
a. Acting under duress – ex. Committing
robbery to save the life of a love one.
b. Being underage – ex. A 6 years old child who
picks up a gun and shoots his or her parent.
c. Insanity – a person is legally insane if, at the
time of the commission of the act, he or she
(1) did not know the nature and quality of the
act or (2) did not know that the act was
wrong.
CRIM 1811
d. Acted in self – defense or in defense of a
third party.
e. Entrapment – is the inducement of an
individual of an individual to commit a crime
not contemplated by him or her, undertaken
for the sole purpose of instituting a criminal
prosecution against the offender. Cases of
entrapment occur when police officers or
civilians acting at their command, induce a
person to commit a crime that he or she
would not have otherwise undertaken. For
example, a police officer convinces an
individual to rob another and then arrest the
individual after the crime has been
committed. The defense of entrapment would
be applied in this case.
f. Acting out of necessity - the necessity
defense can be used when a crime has been
committed to prevent a greater or more
serious crime. Interestingly, the law does not
recognize economic necessity as an excuse
from criminal responsibility. Thus, the
unemployed and hungry thief who steals
groceries cannot employ the necessity
defense.
HOW CRIMES COMMITTED BASED ON THE
RPC?
Crimes (Felony) are committed by
means of: (Article 3, RPC)
1. Dolo (deceit) – there is deceit when the act is
performed with deliberate intent. Example:
murder, robbery, treason
2. Culpa (fault) – when wrongful acts results
from imprudence (deficiency in action such
as reckless imprudence) and negligence
(deficiency in perception such as failure to
foresee impending danger or lack of foresight
or lack of skill)
WHAT ARE SOME OF THE LATIN MAXIMS
RELATED TO CRIMINOLOGY?
58

1. NULLUM CRIMEN SINE LEGE – there can
be no crime without a criminal law.
2. NULLUM CRIMEN SINE POENA – there is
no crime without a corresponding
punishment.
3. NULLUM CRIMEN SINE LEGE, NULLUM
CRIMEN SINE POENA - There is no crime
when there is no law punishing the same.
Because of this maxim, there is no common
law crime in the Philippines, no matter how
wrongful, evil or bad the acts is, if there is no
law defining the act, the same is not
considered a crime.
4. ACTUS NON FACIT REUM NISI MEN SIT
REA – “the act does not make a person guilty
unless the mind is also guilty”. The intent and
the act must be both concur to constitute the
crime. The act cannot be criminal where the
mind is not criminal. This is only true to a
felony committed intentionally or
characterized as DOLO, but not those
felonies resulting from negligence (Culpa).
5. ACTUS ME INVITO FACTUS NON EST
MEUS ACTUS – An act done by me against
my will is not my act.
6. EL QUE ES CAUSA DE LA CAUSA ES
CAUSA DEL MAL CAUSADO – He who is
the cause of the cause is the cause of the
evil caused.
7. DOCTRINE OF PRO REO – Whenever a
penal law is to be construed or applied and
the law admits two interpretations – one
lenient to the offender and one strict to the
offender – that interpretation which is lenient
or favorable to the offender will be adopted.
WHAT ARE THE ELEMENTS OF A FELONY?
1. There must be an act or omission.
2. The act of omission must be voluntary.
CRIM 1811
3. It must be punishable by law.
ANATOMY OF CRIMES
MOTIVE INSTRUMENTAL
ITY
CRIME
OPPORTUNITY
1. MOTIVE - refers to reason or cause why a
person or group of person will perpetrate a
crime. Ex. Dispute, economic gain, jealousy,
revenge, insanity, thrill, intoxication, drug
addiction
2. INSTRUMENTALITY – is the means or
implement used in the commission of the
crime. Ex. Firearms, bolo, a knife, poisonous
substance, crow bar, motor vehicle
3. OPPORTUNITY - consist of the acts or
omission and or / or commission by a person
(the victim) which enables another person or
group of persons (the criminals) to perpetrate
the crime. Ex. Leaving one’s home
unattended for a long period of time, walking
alone in a well – known crime – prone alley,
wearing expensive jewelries in crowded
areas.
Whether a crime incident would happen
or not, it will depend on the presence and
merging of motive, instrumentality and
opportunity at the same time and place. The
absence of any of the ingredients will not suffice
for crime to exist.
WHAT ARE THE GENERAL TYPES OF
CRIMES?
1. According to its Nature
a. Mala prohibita (mala prohibitum) –
misdemeanors – acts which are not
59

inherently bad but are prohibited by the
law. They directly violate moral conducts.
Ex. Illegal drug used and sale, dynamite
fishing, illegal logging, illegal possession
of firearms, parking violations, copyright
violations, tax laws violations, cultural
taboos, and doing certain things without
a license.
b. Mala in se (felony) – acts which are
inherently bad in itself. Ex. Murder, rape,
infanticide, robbery
2. According to atrocity – severity of the criminal
act or offense.
a. Grave felonies – those which the law
attaches the capital punishment or
afflictive penalties or a fine exceeding
6,000 pesos. (RA 10951: a fine
exceeding 1.2 million)
 Reclusion perpetua (imprisonment of
twenty years and one day to 40
years)
 Reclusion temporal (imprisonment of
twelve years and one day to twenty
years)
 perpetual or temporary absolute
disqualification
 perpetual or temporary special
disqualification
 prision mayor (imprisonment of 6
years and 1 day to 12 years)
b. Less grave felonies – those which the
law punishes with penalties which are
correctional in nature or a fine not
exceeding 6,000 pesos but less than 200
pesos. (RA 10951: a fine not exceeding
1.2 million but less than 40,000)
 Prision correctional (imprisonment of
6 months and 1 day to six years)
 arresto mayor (imprisonment of 1
month and 1 day to six months)
CRIM 1811
 suspension
 destierro (precluded or banned from
entering the place or places
designated in the sentence, or within
the radius therein designated, which
shall include a distance of 25
kilometers at least, and 250
kilometers at most, from the place
designated)
c. Light felonies – those infractions of law
for the commission of which the penalty
of arresto menor (imprisonment of 1 day
to 30 days) or a fine not exceeding 200
pesos are imposed.(RA 10951: a fine not
exceeding 40,000)
 Slight physical injuries (Article 266,
RPC)
 Theft (Article 309, par. 7 & 8, RPC)
 Alteration of boundaries or
landmarks (Article 313, RPC)
 Malicious mischief (Article 328, par.
3, Article 329, par.3, RPC)
 Intriguing against honor (Article 364,
RPC)
3. According to motives
a. Economic crimes – are those crimes
which has economic objectives. It is
primarily committed to bring financial
gain to the offender. Ex. Crimes against
property such as burglary (house
breaking), theft, carnapping, motor
vehicle theft, shoplifting, arson and
fencing.
b. Sexual crimes – are those crimes which
has sexual objectives. Ex. Rape, sexual
harassment, adultery, concubinage, acts
of lasciviousness, abduction
c. Political crimes – are those crimes which
have anti – political objectives such as
terrorism, treason, sedition, rebellion,
coup d’etat, espionage, sabotage,
60

military draft violations, war
collaborations and various protests as
criminal (such as guerilla warfare
engaged in the oppressed minorities).
d. Miscellaneous crimes – those crimes
committed with personal objectives.
4. As to statistical purpose (See crimes “as to
the basis of criminal acts”, Revised Penal
Code)
a. Crimes against property - robbery
b. Crimes against person - rape
c. Crimes against morals - gambling
d. Crimes against public order - rebellion
e. Crimes against security – grave treats
and coercions
f. Crimes against chastity – adultery,
concubinage
5. As to penalty
a. Crimes punishable by afflictive penalties
– reclusion perpetua (imprisonment
twenty years and one day to 40 years),
reclusion temporal(imprisonment of
twelve years and one day to twenty
years), perpetual or temporary absolute
disqualification, perpetual or temporary
special disqualification, prison mayor
b. Extinctive crime - when the result of
criminal act is destruction. (homicide,
murder, infanticide, parricide, arson)
2. As to the time or period of commission
a. Seasonal crimes - are those that are
committed only at certain period of the
year. (violation of tax law, violations of
the omnibus election code)
b. Situational crimes - are those that are
committed only when given a situation
conducive to its commission.
3. As to the length of time of commission
CRIM 1811
(imprisonment of 6 years and 1 day to 12
years)
b. Crimes punishable by correctional
penalties – prision correctional
(imprisonment of 6 months and 1 day to
six years), arresto mayor (imprisonment
of 1 month and 1 day to six months),
suspension, destierro
c. Crime punishable by light penalties –
arresto menor (imprisonment of 1 day to
30 days), public censure
WHAT ARE THE CRIMINOLOGICAL
CLASSIFICATIONS OF CRIME?
Crimes are classified in order to focus a
better understanding on their existence.
Criminologists consider the following as
criminological classification of crimes
(Criminology Reviewer, 1996).
1. As to the result of crimes
a. Acquisitive Crime - is one which when
committed, the offender acquires
something as a consequence of his
criminal act. (theft, robbery, estafa)
a. Episodic crimes - are serial crimes; they
are committed by series of act within a
lengthy space of time. (complex crimes)
b. Instant crimes - are those that are
committed the shortest possible time.
(simple crimes)
4. As to the place of location of the commission
a. Static crimes - are crimes that are
committed only in one place.
61

b. Continuing crime - are crimes that are
committed in several places.
5. As to the use of mental faculties
a. Rational crimes - are those committed
with intent; offender is in full possession
of his mental faculties /capabilities.
b. Irrational crimes - are committed without
intent; offender does not know the nature
of his act.
6. As to the type of the offenders
a. White Collar Crimes - are those
committed by a person of responsibility
and of upper socio-economic class in the
course of their occupational activities.
(adulteration of food by manufacturer,
fraud against the government, tax
evasion, stocks manipulation, plunder,
bribery, graft and corruption, bankruptcy
fraud, computer crimes, insurance fraud,
political fraud)
d. Genocide – a crime committed by a
government through mass destruction or
annihilation of human populations.
e. Transnational Crimes – violations of law
that involved more than one country in
their planning or execution. Ex. Drug
trafficking, human trafficking
f. Environmental Crimes – acts that breach
environmental legislation and cause
significant harm or risk to the
environment and human health. Ex.
Illegal emission or discharge of
substances into air, water or soil, illegal
trade in wildlife.
CRIM 1811
b. Blue Collar Crimes - are those committed
by ordinary professionals to maintain
their livelihood. (petty thievery)
7. As to the standard of living of the criminals
a. Upper World Crimes - are those
committed by individuals belonging to the
upper class of society. Ex. Falsification
cases
b. Under World Crime - are committed by
members of the lower or under privilege
class of society. Ex. Bag snatching
8. Others Crimes
a. Crimes by Imitation - are crimes
committed by merely duplication of what
was done by others.
b. Crimes by Passion - are crimes
committed because of the fit of great
emotions.
c. Service Crime - refers to crimes
committed through rendition of a service
to satisfy desire of another.
g. Cyber Crimes – crimes that involve
computers and networks. Ex. Phishing,
cyberstalking, hacking
h. Political Crimes – criminal activities for
ideological purposes; also serous
violations of laws that threaten the
security or existence of the government.
Ex. Terrorism, treason or sedition
i. Family – related Crimes – crimes within
the family
j. Patriarchal Crimes – those committed
against women and children in the name
of traditional male dominance.
62

WHAT ARE THE LEGAL CLASSIFICATIONS OF
CRIMES or FELONY?
Under the law, crimes are classified as:
1. As to manner of commission
a. By means of dolo or deceit – when act
was done with deliberate intent
b. By means of culpa or fault – when the
wrongful act result from imprudence,
negligence, lack of foresight or lack of
skill
2. As to the stages in the commission of crimes
a. Attempted crime – there is an attempt
when the offender commence of the
crime directly by overt acts, and does not
perform all the acts of execution which
would produce the felony by reason of
some cause or accident other than his
own spontaneous desistance.
b. Frustrated crime - A felony is 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 cause independent of the will
of the perpetrator.
c. Consummated Crime - A felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.
3. As to the plurality of crimes
a. Simple crime – when a single act
constitute only one offense. Ex.
Homicide, robbery, rape
b. Complex crime – when a single act
constitute two or more grave or less
grave felonies or when an offense is
CRIM 1811
necessary means for committing the
other. Ex. Robbery with homicide
4. As a mode or manner of committing a crime
a. Formal crime – crimes which are
consummated in one instant or by a
single act and there is no attempt.
Example: slander and false testimony
b. Crimes committed or consummated by a
proposal or mere attempt or by overt act.
Example: treason, corruption of minor,
flight to enemy’s country
c. Crime or felony by omission where there
is no attempted stage.
d. Crimes which are consummated by
agreement on those requiring the
intervention of two persons to commit
them. Example: illegal gambling and
corruption of public officer.
e. Material crimes – necessitates the three
stages of execution.
5. As to the gravity of penalty or offense
a. Grave felonies – those which the law
attaches the capital punishment or
afflictive penalties.
b. Less grave felonies – those which the
law punishes with penalties which are
correctional in nature.
c. Light felonies – those infractions of law
for the commission of which the penalty
of arresto mayor or a fine not exceeding
40,000 pesos are imposed.
6. As to the basis of criminal act
a. Crimes against National Security and the
Law of Nations – Treason, Conspiracy
and Proposal to Commit Treason,
63

Espionage, Inciting to war or giving
motives for reprisals, violation of
neutrality, correspondence with hostile
country, flight to enemy’s country, Piracy
in general, mutiny on the high seas,
Qualified Piracy, PD No. 532 (Anti –
Piracy and Anti – Highway Robbery Law
of 1974) and Republic Act No. 6235 (Anti
– Hijacking Law)
d. Crimes against Public Interest – Forgery
b. Crimes against the Fundamental Law of
the State – Arbitrary Detention, Delay in
the delivery of detained persons to the
proper judicial authorities, Expulsion,
Violation of Domicile, Search Warrants
Maliciously obtained and abuse in the
service of those legally obtained,
Searching domicile without witnesses,
prohibition, interruption and dissolution of
peaceful meetings, interruption of
religious worship, offending religious
feelings.
c. Crimes against Public Order –
Rebellion/Insurrection, Sedition, Coup
d’état, Conspiracy and Proposal to
commit rebellion, insurrection or coup
d’état, Disloyalty of Public
Officers/Employees, inciting
rebellion/insurrection, inciting to sedition,
conspiracy to commit sedition, acts
tending to prevent the meeting of the
assembly and similar bodies, disturbance
of proceedings, violation of parliamentary
immunity, illegal assemblies, illegal
associations, direct assault, indirect
assault, disobedience to summons
issued by the national assembly, its
committees, by the constitutional
commission, its committees,
subcommittees or divisions, resistance or
disobedience to a person in authority or
the agents of such person, tumults and
other disturbances of public order,
unlawful use of means of publication and
unlawful utterances, alarms and
scandals, delivering prisoners from jail,
CRIM 1811
evasion of service of sentence, evasion
of sentence on the occasion of disorders,
conflagrations, earthquakes or other
calamities, other cases of evasion of
sentence (conditional pardon),
commission of another crime during the
service of penalty imposed for another
previous offense.
(forging the seal of the government of the
Philippine islands, the signature or stamp
of the Chief Executive), Counterfeiting
the seal of government, signature or
stamp of the president, use of forged
signature, counterfeit seal or stamp),
Counterfeiting Coins (making and
importing and uttering false coins,
mutilation of coins – importation and
utterance of mutilated coins, selling of
false or mutilated coin, without
connivance), Forging treasury or bank
notes, obligations and securities;
importing and uttering false or forged
notes, obligations and securities (forging
treasury or bank notes or other
documents and uttering the same,
counterfeiting, importing and uttering
instrument not payable to bearer, illegal
possession and use of false treasury or
bank notes and other instruments of
credit), Falsification of legislative, public,
commercial and private documents and
wireless, telegraph and telephone
messages (falsification of legislative
document, falsification by public officer,
employee or notary or ecclesiastical
minister, falsification by private
individuals and use of falsified
documents, falsification of wireless,
cable, telegraph and telephone
messages and use of said falsified
messages), Falsification of medical
certificates, certificates of merits or
service and the like (using false
certificates), Manufacturing, importing
and possession of instruments or
64

implements intended for the commission
of falsification (manufacturing and
possession of instruments and
implements for falsification), Usurpation
of authority, rank, title, and improper use
of names, uniforms, and insignia
(usurpation of authority or official
functions, using fictitious names and
concealing true name, illegal use of
uniform or insignia), False Testimony
(false testimony against a defendant,
false testimony favorable to defendant,
false testimony in civil cases, perjury,
offering false testimony in evidence),
Fraud (machinations in public auctions,
monopolies and combinations in restraint
of trade, importation and disposition of
falsely marked articles or merchandise
made of gold, silver or other precious
metals or their alloys).
e. Crimes related to Opium and Prohibited
Drugs – RA No. 9165
f. Crimes against Public Morals –
Gambling and betting (importation sale
and possession of lottery tickets or
advertisements, illegal betting on horse
races, illegal cockfighting), offences
against decency and good customs
(grave scandals, immoral doctrines,
obscene publications and exhibitions,
and indecent shows, vagrants and
prostitutes)
g. Crimes Committed by Public Officers –
Malfeasance and Misfeasance,
Dereliction of duty (knowingly rendering
unjust judgment, judgment rendered
through negligence, unjust interlocutory
order, malicious delay in the
administration of justice, prosecution of
offenses, negligence and tolerance,
betrayal of trust by an attorney or
solicitor – revelation of secrets), Bribery
(Direct Bribery, Indirect Bribery, Qualified
Bribery, Corruption of public officials),
CRIM 1811
Fraud against the Treasury and
Similar Offenses (other frauds, prohibited
transactions, possession of prohibited
interest by a public officer), Malversation
of public funds (Malversation of public
funds or property – presumption of
Malversation, failure of accountable
officer to render accounts, failure of
responsible public officer to render
accounts before leaving the country,
illegal use of public funds or property,
failure to make delivery or public funds or
property, failure to make delivery of
public funds or property), Infidelity of
Public Officers, Disobedience, refusal of
assistance, and maltreatment of
prisoners (conniving with or consenting
to evasion, evasion through negligence,
escape of prisoner under the custody of
a person not a public officer, removal,
concealment or destruction of
documents, officer breaking seal,
opening of close documents, revelation
of secrets by an officer, public officer
revealing secrets of private individual),
Other offense or irregularities by Public
officers, Disobedience, refusal of
assistance and maltreatment of officers
(open disobedience, disobedience to
order of superior officer when said order
was suspended by inferior officer, refusal
of assistance, refusal to discharge
elective officer, maltreatment of
prisoners), Anticipation, prolongation and
abandonment of duties and powers of
public office (anticipation of duties of a
public officer, prolonging performance of
duties and powers, abandonment of
office), Usurpation of legislative, powers
(usurpation of executive functions,
usurpation of judicial functions,
disobeying request for disqualification,
orders or requests by executive officers
to any judicial authority, unlawful
appointments), Abuses against chastity
65

h. Crimes against Persons – Destruction of
Life: Parricide, Murder, Homicide
(Parricide, death or physical injuries
inflicted under exceptional
circumstances, murder, homicide, death
cause in a tumultuous affray, physical
injury inflicted in a tumultuous affray,
giving assistance to suicide, discharge of
firearms), Infanticide and Abortion
(Infanticide, intentional abortion,
unintentional abortion, abortion practiced
by the woman herself or her parents,
abortion practiced by a physician or
midwife in dispensing of abortive), Duel
(challenging to a duel) Physical Injuries
(mutilation, serious physical injuries,
administering injurious substance or
beverages, less serious physical injuries,
slight physical injuries and
maltreatment), Rape (RA 8353, Qualified
Rape)
i. Crimes against Properties – Robbery in
General (robbery with violence against or
intimidation of persons, robbery with
physical injuries, committed in an
uninhibited place by a band or with the
use of firearm on a street, road or alley,
attempted and frustrated robbery
committed under certain circumstances,
execution of deeds by means of violence
or intimidation), robbery with the use of
force upon things (robbery in an
inhabited house / public building or
edifice devoted to worship, robbery in an
uninhabited place by a band, robbery in
an uninhabited place or in a private
building, robbery of cereals, fruits, or
firewood in an uninhabited place or
private building, possession of picklocks
or similar tools, false key), Brigandage
(aiding or abetting a band of brigands),
Theft (Qualified Theft, theft of the
property of the national library and
national museum), Usurpation
(occupation of real property or usurpation
of real rights in property, Altering
CRIM 1811
boundaries or landmark), Culpable
insolvency (fraudulent insolvency),
Swindling and other deceits
(Swindling/Estafa, other forms of
swindling, swindling a minor, other
deceits), Chattel Mortgage (removal, sale
or pledge of mortgaged property), Arson
and other crimes involving destructions,
Malicious Mischiefs (special cases of
malicious mischiefs, other mischiefs,
damage and obstruction to means of
communication, destroying or damaging
statues, public monuments or paintings)
j. Crimes against Personal Liberty and
Security – Crimes against Liberty: Illegal
Detention (Kidnapping and serious illegal
detention, slight illegal detention,
unlawful arrest), Kidnapping of minors
(kidnapping and failure to return a minor,
inducing a minor to abandon his home),
Slavery and servitude (slavery,
exploitation of child labor, services
rendered under compulsion in payment),
Crimes Against Security: Abandonment
of helpless persons and exploitation of
minors (abandonment of persons in
danger and abandonment of one’s own
victim, abandoning of minor,
abandonment of minor entrusted with his
custody; indifference of parents,
exploitation of minors), Trespass to
Dwelling (qualified trespass to dwelling,
other forms of trespass), Threat and
Coercion (grave threats, light threats,
bond for good behavior, other light
threats, grave coercion, light coercions,
other similar coercions, formation,
maintenance and prohibition of
combination of capital or labor through
violence or threats), Discovery and
revelation of Secrets (Discovering
secrets through seizure of
correspondence, Revealing secrets with
abuse of office, revelation of industrial
secrets)
66

k. Crimes against Chastity – Adultery and
Concubinage, Seduction, Corruption of
minors and white slave trade (qualified
seduction, simple seduction, acts of
lasciviousness with consent of the
offended party, corruption of minors,
white slave trade), Abduction (forcible
abduction, consented abduction) Acts of
Lasciviousness
l. Crimes against Civil Status of Persons –
Simulation of Births and usurpation of
civil status (simulation of births,
substitution of one child for another,
concealment or abandonment of a
legitimate child, usurpation of civil
status), illegal Marriages (Bigamy,
marriage contracted against provisions of
laws – illegal marriages, premature
marriages, performance of illegal
marriages)
m. Crimes against Honor – Libel (libel by
means of writings or similar means,
threatening to publish and offer to
prevent such publication for a
compensation, prohibited publication of
acts referred to in the course of official
proceedings, slander (Oral Defamation),
slander by deed), Incriminatory
Machinations (incriminating innocent
persons, intriguing against honor)
n. Quasi-offenses or Criminal Negligence –
Imprudence and Negligence
 Imprudence – denotes deficiency in
action; hence if a person fails to take
the necessary precaution to avoid an
injury to another or damage
another’s property, there is
imprudence.
 Negligence – indicates deficiency of
perception or lack of foresight.
CRIM 1811
WHAT ARE OTHER CLASSIFICATIONS OF
CRIMES?
1. Traditional crimes- crimes that is committed
every now and then.
2. Crimes due to changing society (social
change) – poverty crimes
3. Emergency crimes – crime that are
committed to take advantage of an abnormal
situation, or the nature of a social problem, or
the vulnerability of a person or group of
person.
4. Index Crimes – are serious crimes that are
readily reported, occurring with such
regularity and frequency that they are used
as an index of the actual level of criminality in
particular geographical locations. Examples
are murder, homicide, rape, physical injuries,
parricide, robbery and theft. In police work,
index crimes are simply called crimes against
persons and property.
5. Non – index Crimes – are those that are not
given particular attention by the police units
and/or offices and other law enforcement
agencies. However, they can also be used as
parameters in determining the peace and
order condition, forming part of the crime
volume and crime rate in a particular
geographical location.
6. Indictable Crimes - are those which are
defined and penalized under the revised
penal code and special laws. All
classifications of crime thus far are given
important consideration in computing the
crime volume, monthly crime rate, and crime
solution efficiency.
7. Non - indictable Crimes – are those which
are not defined and penalized under the
revised penal code and special laws. A
typical example is the infractions of
67

ordinances, with corresponding imprisonment
and fines.
WHEN DOES CRIME EXIST?
In the legal viewpoint, crime exists when
the person has been proven guilty by the court.
The main objective to this view in that there is a
terrific morality of cases between the time a crime
has been reported up to the time a verdict of
conviction is made by the court.
In the scientific point of view, crime exists
when it is reported. This is more realistic but not
all reported cases are with sound basis of true
happening. Some also they are unfounded.
WHAT IS THE DIFFERENCE BETWEEN CRIME
AND SIN?
Crime is an act or omission against the
penal law of a state while sin is an act or
omission against the spiritual or divine law.
WHAT ARE THE DIFFERENCES BETWEEN
CRIME AND IMMORALITY?
CRIME IMMORALITY
committed against the
committed against
unwritten social norms
the law of state
in locality
fixed by statute Not fixed by statute
Is nationalistic Is regionalistic
WHY MUST MEMBERS OF SOCIETY BE
INTERESTED IN CRIMES?
1. Crime is pervasive – almost all members of a
free society are once upon a time a victim or
an offender of a criminal act. Crime as an
associate of society affects almost all people
– regardless of age, sex, race, nationality,
religion, financial condition, education and
other personal circumstances.
CRIM 1811
2. Crime is expensive – the government and
private sector spend enormous amount of
money for crime detection, prosecution,
correction and prevention. Those expenses
are other:
a. Direct expenses – those spent by
government or private sector for the
maintenance or the police and security
guards for crime detection, prosecution
and judicial, support of prison systems.
b. Indirect expenses – those expenses
utilized to prevent the commission of
crimes like the construction of window
grills, fences, purchase of door locks,
safety vaults, hiring of watchmen,
feeding of watchdog, etc.
3. Crime is destructive – many lives have been
lost because of crimes like murder, homicide,
and other violent deaths. Property has been
lost or destroyed on account of robbery, theft
and arson.
4. Crime is reflective – crime rate or incidence
in a given locality is reflective of the
effectiveness of the social defenses
employed by the people primarily of the
police system.
5. Crime is progressive – the progressive
increase in the volume of crime is on account
of the over increasing population. The ever
increasing rate and their technique show the
progressive thinking of the society for
advancement.
WHAT ARE THE ADVANTAGES OF THE
EXISTENCE OF CRIME?
1. It promotes solidarity of the people – This
refers to the group of vengeance because
criminal acts are treated as transgression of
the norms of the whole society in general.
Members of the community offer their all out
assistance to establish a strong front against
68
 CRIM 1811

crime. Family ties become stronger; groups

become more united and solidified to fight
lawlessness. It is due to the reason that
peace loving members organize to free
themselves from disorder and crimes.

2. It prevents morality from going to the

extremes – Penal Laws are the safety
measure of our morality. They give penalty
when morality becomes low and this function
as a notice to society that something has to
be done at once to prevent morality from
going to the extremes.

3. It is notification of maladjustment –
Whenever a person violates criminal law is a
confirmation that his action is not within the
accepted custom in a society. Crime is an
indicator of social disorganization just as
fever or pain is verification that a person is
sick.

FINAL COVERAGE

CHAPTER 8
THE CRIMINAL

Learning Objective:

Upon completion of the course, the students will be able to:

1. Discuss and classify different types of criminals.

69

CRIMINAL
On the basis of the definition of crime, a
criminal may be defined in three ways:
1. A criminal is a person who committed a crime
and has been convicted by a court of the
violation of a criminal law. (legal definition)
2. A criminal is a person who violated a social
norm or one who did an anti-social act.
(social definition)
3. A criminal is a person who violated rules of
conduct due to behavioral maladjustment.
(psychological definition)
In the criminological sense, a person is
already considered a criminal the moment he
committed any anti - social act.
WHAT ARE THE CRIMINOLOGICAL
CLASSIFICATIONS OF CRIMINALS?
The following are the criminological
classification of criminals (Criminology Reviewer,
1996):
1. Based on Etiology
a. Acute Criminal - is one who violates a
criminal law because of the impulse or fit
of passion. They commit passionate
crimes.
b. Chronic Criminal - is one who commits
crime acted in consonance of deliberated
thinking. He plans the crime ahead of
time. They are the targeted offenders.
 Neurotic criminal – person whose
action arises from intra – psychic
conflict between the social and anti –
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social components of his personality.
ex. Kleptomaniac
 Normal criminal – person whose
psychic organization resembles that
of normal individuals except that he
identified himself with criminal
prototype.
 Criminaloid – a term which denotes
those born criminal type whose
unlawful acts are caused by an
organic pathological process.
2. Based on Behavioral System
a. Ordinary Criminal - is considered the
lowest form of criminal in a criminal
career. He doesn’t stick to crime as a
profession but rather pushed to commit
crimes due to great opportunity. They
engage only of conventional crimes
which require limited skills. They lack
organization to avoid arrest and
convictions.
b. Organized Criminal - is one who
associates himself with other criminals to
earn a high degree of organization to
enable them to commit crimes easily
without being detected by authorities.
They commit organized crimes. Force
violence intimidation and bribery are
used to gain and maintain control over
economic activities. Organized crime of
this special type includes various forms
of racketeering, control of gambling,
prostitution and distribution of prohibited
drugs.
c. Professional Criminal - is a person who
is engaged in criminal activities with high
degree of skill. He is usually one who
practices crime as a profession to
maintain a living. These offenders are
70

always able to escape conviction. They
specialize in the crime which requires
skills games, pick pocketing, shoplifting,
sneak thievery, counterfeiting and others.
3. Based on Activities
a. Professional Criminals - are those who
practice crime as a profession for a
living. Criminal activity is constant in
order to earn skill and develop ability in
their commission.
b. Accidental Criminals – they refer to those
who commit criminal acts as a result of
unforeseen and unanticipated
circumstances.
c. Habitual Criminals - are those who
continue to commit crime because of
deficiency of intelligence and lack of self
– control.
d. Situational criminal – those who are
actually not criminals but constantly in
trouble with legal authorities because
they commit robberies, larcenies, and
embezzlement which are intermixed with
legitimate economic activities.
4. Based on Mental Attitudes
a. Active Aggressive Criminals - are those
who commit crimes due to
aggressiveness. Such attitude is clearly
shown in crimes of passion, revenge and
resentments.
b. Passive Inadequate Criminals - are those
who commit crimes because they are
pushed to it by reward or promise. They
are called “ulukan”.
c. Socialized Delinquents - are criminals
who are normal in behavior but defective
in their socialization process or
development. To this group belongs the
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educated respectable member of society
who may turn criminals on account of the
situation they are involved.
5. Based on Legal Classification
a. Habitual Delinquent - is a person who,
with in a period of ten years from the
date of his release or last conviction of
the crimes of serious or less serious
physical injuries, robbery, estafa, or
falsification, is found guilty of any of the
said crimes or a third time oftener.
b. Recidivist - is one who, at the time of his
trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title
of the Revised Penal Code.
c. Quasi – Recidivist – is one who commits
another crime after having been
convicted by final judgment of a crime
falling under either the Revised Penal
Code or Special Law, before beginning
to serve such sentence or while serving
the same.
WHAT IS THE DIFFERENCE BETWEEN
CRIMINAL AND A DELINQUENT?
A criminal is a person who has violated
the penal law and has been found guilty of the
crime charges upon observing of the standard
judicial procedure while a delinquent is a person
who merely committed an act in conformity with
norms of society; he either commits minor
violations or infractions of the law such traffic law
violations. Delinquency may also be committed
by juvenile offenders. Some of these acts, if
committed by minors or juveniles are called
status offense, but if committed by adults does
not constitute an offense.
WHAT ARE EXAMPLES OF DELINQUENCY
COMMITTED BY JUVENILE OFFENDERS?
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 CRIM 1811

1. Waywardness of children
2. Membership to street corner gangs
3. Children out of parental control
4. School drop – outs without justifiable reasons
5. Truancy – more than 20 days consecutive
absences in school
6. Proliferation of vices

CHAPTER 9
APPROACHES AND METHODS IN CRIMINOLOGY

Learning Objectives:

Upon completion of the course, the students will be able to:

1. Discuss and comprehend the different approaches and methods use in understanding the existence of
crime.

72

2. Produce and present a case study or qualitative research output regarding crime commission and be
able to relate what approach best explains the reason why persons commit crime.
WHAT ARE THE DIFFERENT APPROACHES
AND METHODS IN CRIMINOLOGY?
1. SUBJECTIVE APPROACHES
It deals mainly on the biological
explanation of crimes, focused on the forms of
abnormalities that exist in the individual criminal
before, during and after the commission of the
crime (Tradio, 1999). Included under this
approach are:
a. Anthropological Approach – the study on the
physical characteristics of an individual
offender with non-offenders in the attempt to
discover differences covering criminal
behavior (Earnest Hooton).
b. Medical Approach - the application of
medical examinations on the individual
criminal explain the mental and physical
condition of the individual prior and after the
commission of the crime (Positivist).
c. Biological Approach –the evaluation of
genetic influences to criminal behavior. It is
noted that heredity is one force pushing the
criminal to crime (Positivist).
d. Physiological Approach – the study on the
nature of human being concerning his
physical needs in order to satisfy his ants. It
explains that the deprivation of the physical
body on the basic needs is an important
determiner of the commission if crime
(Abraham Maslow).
e. Psychological Approach – it is concerned
about the deprivation of the psychological
needs of man, which constitute the
development of deviations of normal
CRIM 1811
behavior resulting to unpleasant emotions
(Sigmund Freud, Abraham Maslow).
f. Psychiatric Approach – the explanation of
crime through diagnosis of mental diseases
as a cause of the criminal behavior
(Positivist).
g. Psychoanalytical Approach – the explanation
of crimes based on the Freudian Theory,
which traces behavior as the deviation of the
repression of the basic drives (Sigmund
Freud).
2. OBJECTIVE APPROACHES
It deals on the study of groups, social
processes and institutions as influences to
behavior. They are primarily derived from social
sciences (Tradio, 1999). Under this are:
a. Geographic Approach – this approach
considers topography, natural resources,
geographical location, and climate lead an
individual to commit crime (Adolphe
Quetelet).
b. Ecological Approach – it is concerned with
the biotic grouping of men resulting to
migration, competition, social discrimination,
division of labor and social conflict as factors
of crime (Robert Ezra Park).
c. Economic Approach – it deals with the
explanation of crime concerning financial
security of inadequacy and other necessities
to support life as factors to criminality (Robert
Merton).
d. Socio – Cultural Approach – those that focus
on institutions, economic, financial,
73

education, political, and religious influences
to crime (Albert Cohen).
3. CONTEMPORARY APPROACHES
Modern days put emphasis on scientific
modes of explaining crime and criminal behavior.
This approach is focused on the
psychoanalytical, psychiatric and sociological
explanations of crime in an integrated theory - an
explanatory perspective that merges concepts
drawn from different sources.
4. PSYCHOGENIC APPROACH
Psychologist investigators are pursuing
the psychogenic approach to the criminology
behavior, in which the emphasis is based on
linking criminal behavior to mental state,
especially mental evidence disease; mental
disorders, pathologies, and emotional problems
and they repeatedly assert that crime is outcome
of criminal mind. The root cause of the criminal
behavior neither environmental nor biological
than seems to be unclear.
5. MULTIFACTOR APPROACH
A long – standing criticism of the earlier
bio – organic and psychological approach to
crime has much of the work entered around the
search for single factor or single set of like factors
that could be shown to account for all criminal
behavior.
The multifactor approach in criminology
grew out of the discrepancies and arguments
attending the single – factor tradition of the earlier
days and its adherent argument for the approach
to crime that would reconcile the disparate
orientation and contribute made by a variety of
the factors. That underlying assumption was that
different crimes are result of different combination
of the factors.
CRIM 1811
WHAT ARE OTHER BASIC CAUSES OF
CRIME?
1. Hatred – some individuals develop a violent
hatred for one reason of another. This hatred
may ultimately result in some act of violence.
The normal or well - adjusted person can
control hatred. Others, because of their
mental make – up, cannot control hatred
which in all likelihood would result in an act of
violence against another.
2. Passion – all persons are born with the same
general desires and passions. It is the
manner in which they control these passions
that will determine whether or not they will
resort to a criminal activity or will live a
normal life. Whether or not a person is able
to control his passion will depend upon his
early training and the influence of his home.
3. Personal gain – it is normal for a person to
desire to improve his life, and to work hard to
a better if not abundant life for himself and
his family. Most people do strive hard and
reach their goals and objective in life through
legal and legitimate means. However,
attempt through fraud and in an unlawful
manner to enrich themselves at the expense
of others. Their aim in life is to “get rich
quick” with the least effort in time.
4. Insanity – from among the members of the
society, there are those who are born
mentally abnormal, and are therefore, not
governed by their own freewill. They can
distinguish good from evil, so to speak.
These persons are more pitied than
censured. They have no control over their
physical wants, and are not aware that what
they have done was wrong.
5. Revenge – this literally means to retaliate.
This is what most people feel and think of
when others have committed acts detrimental
to them or to the interest of their loved ones.
They feel that in some way, they should take
74

vengeance or take law into their own hands.
Revenged and retaliation is the manifestation
of uncontrollable impulse by one against
another has offended him.
6. Unpopular Laws – laws or ordinances which
are ambiguous, those are fraught with
meanings, or which attempt to regulate and /
or control human behavior contrary to the
wishes of the people are known as unpopular
laws or ordinances which people would
rather choose to break or disobey.
WHAT ARE EXPLANATIONS AFFECTING
DEVELOPMENT AND EXISTENCE OF CRIMES
AND CRIMINALITY?
A. Geographic Explanations
B. Biological Explanations
C. Psychological and Psychiatric Explanations
D. Sociological Explanations
E. Other criminogenic Explanations
A. GEOGRAPHICAL EXPLANATIONS
1. North and South Pole – according to the
Quetelet “Thematic Law of Delinquency,”
crimes against person predominate in the
South Pole and during warm season while
crimes against property predominate in the
North Pole and cold countries.
2. Approach to the Equator – according to the
Montesquie (Spirits of Laws, 1978) criminality
increase in proportion as one approach the
equator and drunkenness increase as one
approach the North and South Pole.
3. Season of the year – crimes against person
is more in summer than in rainy season.
Climatic condition directly affects one’s
irritability and cause criminality. During the
dry season, people get out of the house
more, and there is more contact and
consequently more probability of personal
violence.
CRIM 1811
4. Soil Formation – more crimes of violence are
recorded in fertile level lands than in hilly
rugged terrain. Here is more irritation. There
is also more incidence of rape in level
districts.
5. Month of the year – there is more incidences
of violent crimes during warm months from
April up to July having its peak in May. This
is due to May Festivals, excursions, picnics
and other sorts of festivities wherein people
are more in contact with one another.
6. Temperature – according to Dexter, the
number of arrest increases quite regularly
with the increase of temperature affects the
emotional state of the individual and leads to
fighting. The influence of temperature upon
females is greater than upon males.
7. Humidity and atmosphere pressure –
According to survey, large number of
assaults are to be found correlated with low
humidity and a small number with high
humidity. It was explained that low and high
humidity are both vitality and emotionally
depressing to the individual.
8. Wind velocity – under the same study, it was
explained that during high wind, the number
of arrest were less. It may be due to the
presence of more carbon dioxide in the
atmosphere that lessens the vitality of men to
commit violence.
B. BIOLOGICAL FACTORS
A man as a living organism has been the
object of several studies which has the purpose
of determining the causes of his crimes.
a. PHYSIOGNOMY (Johann Kaspar Lavatar –
1741 – 1801)
 Physiognomy is the study of the
relationship between the facial features
and human conduct of person in relation
75

to his criminal behavior. It is a theory
based upon the idea that the assessment
of the person’s outer appearance,
primarily the face, may give insights into
one’s character or personality.
 The term physiognomy can also refer to
the general appearance of a person,
object or terrain, without reference to its
implied or scientific characteristics.
 It claimed that bald men, bearded
woman, shifty eye, weak chin and
arrogant nose are criminal inclinations.
The first to use this approach was
Cesare Beccaria in his Crime and
Punishment but was later revived by
Swiss theologian Johann Kaspar Lavater
(1741 -1801).
b. PHRENOLOGY (Franz Joseph Gall – 1810)
 Phrenology is the analysis of the external
formation of the skull that indicates the
conformation of the brain and the
development of its various parts in
relation to the behavior of the criminal.
 From the Greek: (phreno = mind and
logos = knowledge) is a theory which
claims to be able to determine character
personality traits and criminality on the
basis of the shape of the head (i.e., by
reading the “bumps” and “fissures”).
c. STUDY OF PHYSICAL DEFECTS AND
HANDICAPPED IN RELATION TO CRIMES
 Leaders of notorious criminal groups are
usually nicknamed in accordance with
their physical defects and handicapped
such as funny words “Dodong Pilay”,
“Asiong Bingot”, Densiong Unano”,
“Roger Komaang” and others. Even Al
Capone, the famous leader of Mafia was
nicknamed Scar Face because of his
scar in the left side of his cheek.
CRIM 1811
 It is very common that these criminals
are known by their physical handicapped
and defect which was usually cause
irritation during his childhood days
wherever they become violent, feel
inferior to others, and or being
characterized by the society. The
unfavorable results therefore, could be
the following:
1. Person who are suffering from
physical defects cause poor social
relationship and serious emotional
disturbances;
2. It reduces his capacity to compete
occupationally and socially;
3. It may cause the development of
inferiority complex;
4. Person suffering from defects is
frequently irritated by friends resort
to violent criminal behavior.
d. PHYSIOLOGY OR SOMATOTYPE
 It refers to the study of the body build of
a person in relation to his temperament
and personality and the type of offense
he is most prone to commit.
 This approach was originated by Ernst
Kretschmer and developed by William H.
Sheldon.
A. STUDY OF ERNST KRETSCHMER BY
CLASSIFYING TYPES OF PHYSIQUE AND
TYPES OF CRIMES THEY ARE PRONE TO
COMMIT:
a. Pyknic type –those who are stout and with
round bodies. They tend to commit
deception, fraud and violence.
b. Athletic Type – those who are muscular and
strong. They are usually connected with
crimes or violence.
c. Asthenic type – those who are skinny and
slender. Their crimes are petty thieves and
fraud.
76
 CRIM 1811

d. Dysplastic or Mixed type – those who are suicidality

less clear evident having any predominant  Common in
type. Their offenses are against decency and mental
morality. institutions

B. STUDY OF WILLIAM H. SHELDON ON  characteriz

BODY TYPES AND THEIR ed by a
high rate of
CORRESPONDING TEMPERAMENTS -
muscle
SOMATOTYPE THEORY growth and
a higher
 Using anthropometric methods, Sheldon proportion
studied the photographed bodies of some 4, of muscular Somotonic –
000 men from front view, side view and back tissues. active,
dynamic,
view. He concluded that the physique of men  have large
walks, talks
can be divided into the contribution of three bones,
and gestures
fundamental elements: the somatotypes. solid torso
assertively;
combined
behaves
with low fat
Mesomorph / aggressively;
PHYSICAL TEMPERA- levels.
BODY TYPES Mesomorphic dominant,
ATTRIBUTES MENT  they have
more prone to
Ectomorph /  characteriz Cerebrotonic wide
criminal
Ectomorphic – generally shoulders
ed by long activity than
classified as with a
arms and the
introvert, full narrow
legs and a ectomorphs
of functional waist.
short upper and
body and complaints,  Muscular endomorphs
narrow allergies, skin with athletic
shoulders, troubles, build
and chronic  Has
supposedly fatigue, predispositi
has a insomnia, on towards
higher sensitive skin criminality
proportion and to noise,
of nervous shrinks from  characteriz Visceroto
tissues. crowd. ed by an nic – the
 They also increase behavior
have long amount of shows
and thin fat storage general
muscles. due to relaxatio
 usually having a n of the
have a very Endomorph / larger body; a
low fat Endomorphic number of comforta
storage; fat cells ble
 usually than the person;
average loves
referred to
person, as luxury;
as slim.
well as an
 Has
higher essentiall
predispositi
proportion y
on towards

77

of digestive
tissue.
 have a extrovert
wide waist person.
and a large
bone
structure.
e. STUDY OF HEREDITY AS THE CAUSE OF
CRIMES
 The common household expression like
“it is in the blood”, “like father like son”
are usually heard and said whenever
there are several members in the family
is criminals. Accordingly, heredity
transmits single traits and characteristics
from parents to offspring.
 Criminality of the offspring is used to
determine the nature of the parents and
nature of their crimes. Although modern
criminologist seems not to accept the
role of heredity in the formation of
criminal behavior of men. It cannot be
denied that it is playing a role as
contributory factor in the genesis of
criminal behavior.
1. FAMILY STUDIES
a. Study of Kallikkak Family Tree – Henry H.
Goddard
 Henry H. Goddard (August 14, 1866 –
June 18, 1957) was a prominent
American psychologist and eugenicist in
early 20th century. He is known especially
for his 1912 work “The Kallikkak Family:
A Study in the Heredity of
Feeblemindedness”, which he himself
came to regard as deeply flawed, and for
being the first to translate the Alfred
Binet intelligence test into English in
CRIM 1811
1908 and distributing estimated 22, 000
copies of translated test across the
United States; he also introduced the
term “moron” into the field.
 The study is about Martin Kallikak, a
soldier of the American Revolutionary
War, who while stationed in a small
village met and had illicit relations with a
feeble – minded girl.
 About 489 descendants from this
pedigree were traced which included 143
feeble – minded and only 46 were
normal; 36 were illegitimate, 3 were
epileptics, 3 criminals, 8 kept brothels
and 82 died in infancy.
 At the end of the war, Martin Kallikak, Sr.
returned to his home and married a
Quaker (or Friends, as they refer to
themselves, are members of a family of
religious movements collectively known
as the Religious Society of Friends) from
a good family. Out of this union, 4,967 of
the descendants have been traced and
all but one were normal mentally, only 2
were known to an alcoholic, 1 convicted
of religious offense, 15 died in infancy
and no one became criminal or epileptic.
 The lesson was clear and dramatic: the
study linked medical and moral deviance
and fused the new mendelian laws with
the old biblical injunction that “the sins of
the fathers shall be vested on the sons.”
b. Study of Jukes Family Tree – Richard
Dugdale
 The Juke Family consisted of 6 girls
most of whom were illegitimate. One of
the 6 sisters, Ada Juke was also known
as “Margaret”, the Mother of Criminals.
 Dugdale traced from these pedigree
1,200 descendants for 75 years from its
78

origin and found 280 as paupers, 140
criminals, 60 habitual thieves, 300 infants
prematurely born, 7 murderers, 50
prostitutes, 440 contaminated with
sexual diseases, and 30 were
prosecuted for bastardy.
c. Study of Sir Jonathan Edwards’ Family
 Sir Jonathan Edwards was a famous
preacher during the colonial period. His
family tree was traced, none of the
descendants was found to be criminal.
Out of his pedigree, many became
presidents, of the United States,
governor, members of the Supreme
Court, famous writers, preachers and
teachers.
d. Study of delinquent youths who had criminal
fathers – David Farrington
 Bullies have children who bully others
and these “second generation bullies”
grow up to become the fathers of
children who are bullies, in a never –
ending cycle.
2. Twin Behavior Studies
 The logic of this method is that if there is
greater similarity in behavior between
identical twins than between fraternal
twins, the behavior must be due to
heredity.
 In the 1920s, Lange study 30 pairs of
same – sex twins – 13 identical and 17
fraternal twins. He found out that one
member of each pair was a known
criminal. Moreover, both twins in 10 of
the 13 pairs of identical twins were
criminal; 2 of the 17 pairs of fraternal
twins were both criminal. This showed a
significant relationship between the
criminal activities of identical twins and a
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much lower association between those of
fraternal twins.
 A famous study of twin behavior is the
Minnesota study of twins reared apart.
Expert’s conclusion was that twins are
alike in personality regardless of how
they are reared, that environment
induces little or no personality
resemblance on twin pairs.
3. Adoption Studies
 This method compared the criminal
records of adopted children who were
adopted at relatively early age with the
criminal records of adopted parents.
Several studies indicate that some
relationship exists between biological
parents’ behavior and the behavior of
their children.
 In the most significant study, Hutchings
and Mednick found that the criminality of
the biological father was a strong
predictor of the child’s criminal behavior.
 An analysis of Swedish adoptees also
found that genetic factors are highly
significant accounting for 59 percent of
the variation in their petty crime rates.
Boys who had criminal parents were
significantly more likely to violate the law.
4. XYY Males / “Supermales” / Jacob’s
Syndrome
 Patricia A. Jacobs is a British researcher
who examined 197 Scottish prisoners for
chromosomal abnormalities through a
relatively simple blood test known as
karyotyping. Her study was one of the
first to introduce the role of the
chromosomes in crime causation.
79

 Two of the groups studied by Jacobs
displayed chromosomes which were
unusual and 7 were found to have an
XYY chromosome.
 Normal males possess an XY
chromosome structure while normal
females are XX. Some other unusual
combinations might be XXX, wherein a
female’s genetic makeup contains an
extra X or female chromosome.
 Klinefelter’s males (with an extra X
chromosomes) often possessed of male
genitalia but are frequently sterile and
with evident breast enlargement and
intellectual retardation.
 The XYY males however, whose
incidence in the prison population was
placed at around 3.5% by Jacobs, was
quickly identified as potentially violent
and termed as a supermale.
 Characteristics of XYY males are:
a. Taller than the average males, often
standing 6’11” or more
b. Suffer from acne or skin disorders
c. Are less than average intelligence
d. Are overrepresented in prisons and
mental hospitals
e. Come from families with less history
of crime or mental illness
C. PSYCHOLOGICAL AND PSYCHIATRIC
FACTORS
Psychologists and psychiatrists,
attempted to explain behavior where they try to
find out whether criminal behavior is caused by
such personality factors as emotional problems,
mental disorders, sociopathy and thinking
patterns.
The psychological and psychiatric
theories have the common assumption that there
CRIM 1811
is something wrong with the mind of the offender,
which causes him to commit crimes.
a. Psychoanalytic Theory / Psychoanalysis –
blames the criminal or delinquent behavior to
a conscience that is either so overbearing
that it arouses feelings of guilt, or so weak
that it cannot control the individual’s impulses
and leads to a need for immediate
gratification.
 Sigmund Freud (1856 – 1939), the
founder of psychoanalysis, viewed
criminality as a result of too much guilt
feelings. He noticed that those suffering
from unbearable guilt committed crimes
in order to be and punished. Once they
had been punished, their feelings of guilt
were relieved. He attributed these
feelings to man’s personality structure:
the id, ego and super ego.
1. Id – pleasure principle; the impulsive part of
the personality and unconscious. It
represents the unconscious biological drives
for sex, food and other life - sustaining
necessities. It requires instant gratification
without concern for the rights of others
hence, it must be repressed.
2. Ego – reality principle; it is the objective,
rational part of personality, the reality
component; hence it considers sensibility and
responsibility to others. It helps the individual
guide his actions to remain within the
boundaries of righteousness and fairness.
3. Superego – conscience; it is the moral
aspect of personality. It allows a person to
feel pride, shame and guilt, thus, it is largely
responsible for making a person follow the
moral codes of society. It is believed by
Freud that some people are criminal due to
an overdeveloped superego which leads to
guilt, anxiety and a desire for punishment.
b. Personality and Crimes
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 In the investigation of the differences of
personality between criminals and non –
criminals carried out in prisons, it showed
that inmates are typically more impulsive,
hostile, self – centered and immature
than non – criminals.
 In another study, psychiatrist –
psychologists concluded that criminals
share abnormal thinking patterns that
lead to decisions to commit crimes. They
argued that criminals are “angry” people
who feel a sense of superiority, expect
not to be held accountable for their acts,
and have a highly inflated self – image.
Any perceived attack on their glorified
self – image elicits a strong reaction,
often a violent one.
c. Mental Disturbances and Crimes
FORMS OF MENTAL DISTURBANCES OR
DISORDERS
1. Mental Deficiency – is a condition of arrested
or incomplete development of the mind
existing before age of 18, whether arising
from inherent causes or induced by disease
or injury. Mentally deficient persons are
prone to commit malicious damage to
property and unnatural sex offenses. They
may commit violent crimes but definitely not
crimes involving the use of mentality.
CLASSES OF MENTAL DEFICIENCY
a. Idiots – persons with a mental defect to a
degree that they are unable to guard
themselves against common physical
dangers. Their mentality is comparable to
that of a two years old child.
b. Imbeciles – persons with mental defects
which though not amounting to idiocy, is yet
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so pronounced that they are incapable of
managing themselves or their affairs.
c. Feeble – minded – persons with a mental
defect which though not amounting to
imbecility, yet so pronounced that they
require care, supervision and control for their
own or for protection of others, or in the case
of children, they appear to be permanently
incapable of receiving proper benefit from
instructions in ordinary schools.
d. Morally defective – persons with strong
vicious or criminal propensities. They require
care and supervision and control for their
own or for the protection of others.
2. Psychosis – this is a common category of
mental disorder among youthful offenders
and habitual criminals. It can be functional or
organic characterized by infantile level of
response, lack of conscience, lack of
affection to others and aggression to
environment and other people. Psychotic
people lose contact with reality and have
difficulty distinguishing from fantasy; most of
the time have severe breakdowns in their
ability to communicate and they become
isolated from others.
MOST COMMON TYPES OF PSYCHOSES
a. Schizophrenia – is manifested by delusions
or hallucinations or a clear – cut thought
disorder. This is also known as dementia
praecox. Sometimes, schizophrenics are not
logical in their thoughts, as shown by their
language. Their personal appearance is
dilapidated, and they are liable to impulsive
acts and may commit suicide.
b. Paranoia – is a psychotic delusion
characterized by incorrect or unreasonable
ideas which can be seen as a truth by people
suffering from this disorder. Paranoia is a
Greek term which means “a mind beside
itself”. Paranoid people are suspicious and
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have that feeling of being persecuted by

others, referred to as psychotic delusion. d. Hysteria – refers to unhealthy or senseless
emotional outburst coupled with violent
3. Neurosis – is another common type of mental emotional outbreaks.
disorder linked to criminal behavior. These
behaviors are those that do not grossly e. Phobia – is generally called exaggerated
violate social norms or represent severely fears of things that normal people fear to
disorganized personalities. Most neurotic are some degree, and fears of things that
aware of their problems and may not seek ordinary people do not fear.
professional help. They do not require
hospitalization but are guilty, unhappy, SOME COMMON PHOBIAS
anxious people.
NAME OF PHOBIA OBJECT OF FEAR
COMMON CLASSES OF NEUROSES Fear of open,
Agoraphobia
crowded places
a. Neurasthenia – a condition of weakened Fear of people or
nerves that manifests in fatigued and Sociophobia
social situations
nervousness and sometimes in physical Acrophobia Fear of heights
symptoms such as pain. Fear of enclosed
Claustrophobia
spaces
b. Anxiety – also known as anxiety state or Fear of death and
anxiety reaction; a condition were a person Necrophobia
or the dead
feels anxious, fearful or apprehensive. The Homophobia Fear of blood
person may also be irritable and restless and Autophobia Fear of being alone
has chronic tension, poor concentration and scotophobia /
overreaction to noise. Fear of darkness
achluophobia
Pyrophobia Fear of fire
c. Obsessive – compulsive neurosis – is an Fear of strangers,
uncontrollable or irresistible impulse to do Xenophobia
foreigners or aliens
something. They may be an active desire to
resist this irrational behavior, but the person f. Depression – people who suffer from
is prevented by his unconscious motives to depressive neurosis generally have feelings
act out his difficulty or to suffer miserably in of pain, hurt, unpleasantness, sadness,
his fears. rejection, self – pity, helplessness, despair,
boredom, pessimism, and rejection. When
FORMS OF OBSESSIVE – COMPULSIVE these feelings become pervasive and affect
NEUROSIS all aspects of a person’s life, depression is
said to occur.
 Kleptomania – the compulsive desire to steal
 Dipsomania – the compulsive desire to drink 4. Epilepsy – is a condition characterized by
alcohol compulsive seizures and a tendency to
 Pyromania – the compulsive desire to set fire mental deterioration. The disease is
 Homicidal compulsion – the irresistible urge characterized by reduced emotional control,
to kill somebody stubbornness and irresistibility,
 Mutilomania – the compulsive desire to maim impulsiveness, inconsistency in feeling,
animals irritability manifested either by sudden

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outburst of anger and vicious conduct. Just
the convulsion, the epileptic may have
mental confusion, hallucination or delusion,
and may commit violent crimes without
provocation. After the attack, he may be at
the state of altered consciousness and may
wonder from one place to another and inflict
bodily harm. In the course of mild attack, he
may unconsciously perform indecent acts,
breach of the peace, and varying degree of
crime of violence.
WHAT ARE THE TYPES OF EPILEPSY?
a. Grand Mal – there is complete loss of
consciousness and general contraction of the
muscles.
b. Petit Mal – mild and complete loss of
consciousness and contraction of muscles.
c. Jackonism type – localized contraction of
muscle with or without loss of consciousness.
WHAT ARE VARIOUS STUDIES OF THE
HUMAN BEHAVIOR AND MIND IN RELATION
TO THE CAUSES OF CRIMES?
Several noted criminologists have
advance the theories that criminal behavior is
developed among individual consonants with the
development with his human mind, traits and
behavior, among them are:
1. August Aichorn in his book entitled Wayward
Youth, 1925 said the cause of crime and
delinquency is the faulty development of child
during the first few years of his life. As a
child, human beings normally follows only his
pleasure impulsive instinctive. Soon they
grew up and find some restrictions to these
pleasure impulses which he must control.
Otherwise, he suffers from faulty ego –
development and become delinquent.
2. David Ambrahamsen in his Crime and the
Human Mind, 1945 explained the causes of
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crime by this formula (CB = CT + Inducing
Situation / PMRT “Criminal Behavior equals
Criminalistic Tendency plus Inducing
Situation divided by the person’s mental or
emotional resistance to temptation.”
3. Cyrill Burt, Young Delinquent, 1925 gave the
theory of General emotionality. According to
him, many offenses can be traced to either
excess or a deficiency of a particular instinct
account for the tendency of many criminals to
be weak willed or easily led. Fear and
absconding may be due to the impulse of
fear. Callous type of offenders may be due to
the deficiency in the primitive emotion of love
and an excuse of the instinct of hate.
4. William Healy, Individual Delinquency
claimed that crime is an expression of the
mental content of the individual. Frustration
of the individual causes emotional
discomfort; personality demands removal of
pain and pain is eliminated by substitute
behavior, that is, crime delinquency of the
individual.
5. Walter Bromberg, Crime and the Mind, 1946
claimed that criminality is the result of
emotional immaturity. Person is emotionally
matured when he learned to control his
emotion effectively and who lives at peace
with himself and harmony with the standards
of conduct which are acceptable to the
society. An emotional immature person rebel
against rule and regulates tend to engage in
usual activities and experience a feeling of
guilt due to inferiority complex.
D. SOCIOLOGICAL EXPLANATIONS
Sociologists emphasize that human
beings live in social groups, and that those
groups and the social structure they create
influence behavior. Most sociological theories of
crime causation assume that a criminal’s
behavior is determined by his or her social
environment, which includes families,
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neighborhoods and so on. Most sociological
theories of crime explicitly reject the notion of the
born criminal.
SOCIOLOGICAL CAUSES OF CRIMES
1. Lack of parental guidance
2. Broken homes and family
3. Poor status of neighborhood
4. Bad association with criminal groups
5. Lack of recreational facilities for proper use
of leisure time
6. Lack of employment opportunities
7. Failure of the school in character
development of the children or the youth
8. Influence of mass media
E. OTHER CRIMINOGENIC EXPLANATIONS
1. Alcoholism – this is a form of vice causing
mental disturbance. It is a condition wherein
a person is under the influence of intoxicating
liquor or alcohol. His physical condition and
behavior has been modified to a certain
extent by the effects of alcohol. The drunkard
habitually takes or uses intoxication alcohol
liquor and once under the influence of liquor
becomes dangerous to him - self or others.
He may commit violent crimes and inflict
physical injuries. Habitual drunkard may
commit suicide, sex offense and exquisites
crimes. Young children likewise may become
delinquent.
WHAT ARE THE CAUSES OF ALCOHOLISM?
a. Some people believe that alcohol is an
appetizer before taking meal.
b. Sometimes alcohol gives them soothing
effects.
c. Alcohol is used as means of escaping
personal problems.
d. As a way of escape from unpleasant realistic
of life.
2. Drug Addiction – this is another form of vice
which causes strong mental disturbance. It is
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the state of periodic or chronic intoxication
produce by the repeated consumption of
natural or synthetic drugs. The vice is
punishable by the RPC and the Dangerous
Drug Act. An addict may commit crime
crimes against property once he has no more
money to buy the drugs. A woman may
become a prostitute just to get money to buy
drugs. And an addict during withdrawal
symptoms may commit violent crimes and
commit suicide during extreme sufferings.
The addict is lazy, unsanitary and become
less dependable.
WHAT IS THE GIANELL INDEX OF
CRIMINALITY?
This crimino - synthesis explain the
reason why a person may commit a crime and
inhibit himself from doing so under the following
conditions:
1. Need Frustration – the person before
committing the crime is likely to feel unhappy,
unsatisfied, resentful or angry about
something in particular about life in general.
2. Internal inhibition – it refers to all types of
internal forces which may prevent a person
from committing a crime. These forces
maybe a person conscience on his
principles, or his sense of self - respect or the
particular conception he has of himself of a
sense of guilt or remorse that he may
experience if he commits certain actions,
these forces operate from within the person,
without any need for restrain from outside.
3. External inhibition –this refers to all types of
external factors which may prevent an
individual from committing crime. These
forces may be produce by the thought that
the person may get caught if he or she
commits the crime, or sentenced to prison for
given number of years, or disgrace in the
community, or punished in the some other
ways.
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4. Contact with reality – this refers to the extent

to which the person can learn from his past
experiences, especially his past mistake. As
to the extent to which he can evaluate
accurately the present situation and foresee
the consequence of his present action in
relation to his future.

5. Situation Crime Potential – this refers to the

cultural opportunity to commit the crime, that
is to the easiness or possibilities to commit a
crime offered by a given place, situation,
person or environment.

6. Potential satisfaction – this refers to the

balance and loss that a person may
experience if he commits a given crime. If a
person has nothing to lose, he is more likely
to commit crime. If instead, he has to great
deal of assets in his life, and cares about
them. Such as love in relation to his parents,
his family, and his children, a good job,
hobbies, money in the bank, property, a good
reputation he is not likely to commit certain
crime because he has too much to lose.

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