RKMFILES CENTER FOR COMPREHENSIVE STUDIES

Room 309, 3rd Floor A-Building, Main AUF Campus, Angeles University
Foundation
Email: rkmfiles@yahoo.com Website: www.rkmfiles.net CP: 09088849680

REVIEW NOTES IN
CRIMINAL SOCIOLOGY, ETHICS
& HUMAN RELATIONS
INTRODUCTION TO CRIMINOLOGY

HUMAN BEHAVIOR & CRISIS MANAGEMENT

STUDY ON JUVENILE DELINQUENCY

CRIMINOLOGICAL (POLICE) ETHICS

CRIMINAL JUSTICE SYSTEM

COMPILED BY:

LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO

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 INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

Criminology is a body of knowledge regarding delinquency and crime as

a social phenomenon (Tradio, 1999). 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.

Criminology is a multidisciplinary study of crimes (Bartol, 1995). This

means that many disciplines are involved in the collection of knowledge about
criminal action, including, psychology, sociology, anthropology, biology,
neurology, political science and economics. But over the years, sociology,
psychology, and psychiatry have dominated the study of crime.

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of

people and society as a whole. It is primarily based on the examination of the
relationship of demographic and group variables to crime. Variables such as
socioeconomic status, interpersonal relationships, age, race, gender, and cultural
groups of people are probed in relation to the environmental factors that are most
conducive to criminal action, such as time, place, and circumstances surrounding
the crime.

Psychological Criminology – 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. Both the environmental and
personality influences are considered, along with the mental processes that
mediate the behavior.

Psychiatric Criminology – the science that deals with the study of crime
through forensic psychiatry, the study of criminal behavior in terms of motives
and drives that strongly relies on the individual. (Psychoanalytic Theory -
Sigmund Freud – traditional view). It also explains that criminals are acting out of
uncontrollable animalistic, unconscious, or biological urges (modern view).

Scope of the Study of Criminology

1. Criminal Behavior or Criminal Etiology - the scientific analysis of the

causes of crime;
2. Sociology of Law - the study of law and its application;
3. Penology or Correction - the study that deals with punishment and the
treatment of criminals;
4. Criminalistics or Forensic Science - one more area of concern in crime
detection and investigation.

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Nature of Criminology

Understanding crime is as complex as other fields of interest. It requires

therefore a systematic and balanced knowledge in the examination of why they
exist. In this sense, criminology is:

1. An Applied Science – Anthropology, psychology, sociology and other

natural sciences may be applied in the study of the causes of crime while
chemistry, medicine, physics, mathematics, etc. maybe utilized in crime
detection.
2. A Social Science – Inasmuch as crime is a societal creation and that it
exists in a society, its study must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means
the progress of criminology is concordant with the advancement of other
sciences that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the
existing criminal law with in the territory.

OBJECT OF INTEREST IN CRIMINOLOGY

CRIME

In as much as the definition of crime is concerned, many field of study like

law, sociology and psychology have their respective emphasis on what crime is.

Crime may be defined as:

 An act or omission in violation of a criminal law in its legal point of view.

 An anti-social act; an act that is injurious, detrimental or harmful to the
norms of society; they are the unacceptable acts in its social definition.
 Psychologically, crime is an act, which is considered undesirable due to
behavioral maladjustment of the offender; acts that are caused by
maladaptive or abnormal behaviors.

CRIME is also a generic name that refers to offense, felony and

delinquency or misdemeanor.

 Offense – is an act or omission that is punishable by 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 Republic Acts,
Presidential Decrees, Executive Orders, Memorandum Circulars,
Ordinances and Rules and Regulations ( Reyes, 1960)
 Felony – is an act or mission that is punishable by the Revised Penal
Code, the criminal law in the Philippines (Reyes, 1960).

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  Delinquency/Misdemeanor – acts that are in violation of simple rules and
regulations usually referring to acts committed by minor offenders.

Criminological Classification 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).

 Acquisitive and Extinctive Crimes - Acquisitive Crime is one which

when committed, the offender acquires something as a consequence of
his criminal act. The crime is extinctive when the result of criminal act is
destruction.
 Seasonal and Situational Crimes - Seasonal crimes are those that are
committed only at certain period of the year while situational crimes are
those that are committed only when given a situation conducive to its
commission.
 Episodic and Instant Crimes - Episodic crimes are serial crimes; they
are committed by series of act within a lengthy space of time. Instant
crimes are those that are committed the shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes that are
committed only in one place. Continuing crime are crimes that are
committed in several places.
 Rational and Irrational Crimes - Rational crimes are those committed
with intent; offender is in full possession of his mental faculties
/capabilities while Irrational crimes are committed without intent; offender
does not know the nature of his act.
 White Collar and Blue Collar Crimes - White Collar Crimes are those
committed by a person of responsibility and of upper socio-economic class
in the course of their occupational activities. Blue Collar Crimes are those
committed by ordinary professionals to maintain their livelihood.
 Upper World and Underworld Crimes - Upper World Crimes are those
committed by individuals belonging to the upper class of society. Under
World Crime are committed by members of the lower or under privilege
class of society.
 Crimes by Imitation and Crimes by Passion - Crimes by Imitation are
crimes committed by merely duplication of what was done by others.
Crimes by Passion are crimes committed because of the fit of great
emotions.

 Service Crimes - Service Crime refers to crimes committed through

rendition of a service to satisfy desire of another.

Legal Classification of Crimes

Under the law, crimes are classified as:

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  Crimes against National Security and the Law of Nations -
Example – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
 Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
 Crimes against Public Morals
Example – Gambling and betting, offences against decency and
good customs like scandals, obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
 Crimes against Person
Example – Murder, Rape, Physical Injuries
 Crimes against Properties
Example – Robbery, Theft
 Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping, Trespass to Dwelling,
Threat and Coercion
 Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
 Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
 Crimes against Honor
Example – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

THE CRIMINAL

On the basis of the definition of crime, a criminal may be defined in three ways:

 A person who committed a crime and has been convicted by a court of the
violation of a criminal law. (legal definition)
 A person who violated a social norm or one who did an anti-social act.
(social definition)
 A person who violated rules of conduct due to behavioral maladjustment.
(psychological definition)

Criminological Classification of Criminals

Based on Etiology

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  Acute Criminal is one who violates a criminal law because of the impulse
or fit of passion. They commit passionate crimes.
 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.

Based on Behavioral System

 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.
 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.
 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.

Based on Activities

 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.
 Accidental Criminals are those who commit crimes when the situation is
conducive to its commission.
 Habitual Criminals are those who continue to commit crime because of
deficiency of intelligence and lack of self – control.

Based on Mental Attitudes

 Active Criminals are those who commit crimes due to aggressiveness.

 Passive Inadequate Criminals are those who commit crimes because
they are pushed to it by reward or promise.
 Socialized Delinquents are criminals who are normal in behavior but
defective in their socialization process or development.

Based on Legal Classification

 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.

 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.

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CRIMINAL BEHAVIOR

Crime in its legal definition may constitute an intentional act in violation of

the criminal law and penalized by the state a felony, offense or misdemeanor.
Criminal behavior, therefore, is an intentional behavior that violates a criminal
code (Bartol, 1995).

Criminal behavior 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.

VICTIMS OF CRIME

Victimology is simply the study of victims of crimes and contributory role,

if any, in crime causation. It is also the scientific process of gaining substantial
amounts of knowledge on offender characteristics by studying the nature of
victims. (Schmalleger, 1997).

PENOLOGY (CORRECTION)

This is another object of interest of criminology that deals with punishment

of criminal offenders. Punishment is justified by deterrence, retribution,
atonement, societal protection, and reformation of criminals.

APPROACHES AND THEORIES OF CRIME

SUBJECTIVE APPROACHES - 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:

1. Anthropological Approach – the study on the physical characteristics of

an individual offender with non-offenders in the attempt to discover
differences covering criminal behavior (Hooton).
2. 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).
3. Biological Approach –the evaluation of genetic influences to criminal
behavior. It is noted that heredity is one force pushing the criminal to crime
(Positivist).
4. Physiological Approach – the study on the nature of human being
concerning his physical needs in order to satisfy his wants. It explains that
the deprivation of the physical body on the basic needs is an important
determiner of the commission of crime (Maslow).

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 5. Psychological Approach – it is concerned about the deprivation of the
psychological needs of man, which constitute the development of
deviations of normal behavior resulting to unpleasant emotions (Freud,
Maslow).
6. Psychiatric Approach – the explanation of crime through diagnosis of
mental diseases as a cause of the criminal behavior (Positivist).
7. Psychoanalytical Approach – the explanation of crimes based on the
Freudian Theory, which traces behavior as the deviation of the repression
of the basic drives (Freud).

OBJECTIVE APPROACHES - The objective approaches deal 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:

1. Geographic Approach – this approach considers topography, natural

resources, geographical location, and climate lead an individual to commit
crime (Quetelet).
2. 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 (Park).
3. Economic Approach – it deals with the explanation of crime concerning
financial security of inadequacy and other necessities to support life as
factors to criminality (Merton).
4. Socio – Cultural Approach – those that focus on institutions, economic,
financial, education, political, and religious influences to crime (Cohen).

THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific

theories of criminal behavior, one of the most popular explanations was
Demonology (Hagan, 1990). According to this explanation individuals were
thought to be possessed by good or evil spirits, which caused good or evil
behavior. The theory maintains that criminal behavior was believed to be the
result of evil spirits and demons something of natural force that controls his/her
behavior. Centuries ago, Guilt and innocence were established by a variety of
procedures that presumably called forth the supernatural allies of the accused.
The accused were innocent if they could survive an ordeal, or if miraculous signs
appeared. They were guilty if they died at stake, or if omens were associated
with them (Bartol, 1995). Harsh punishments were also given.

PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological,

sociological, or psychiatric in bent, has traditionally been divided into three broad

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schools of thought about the causes of crime: the classical, neo-classical and the
positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real

name is Cesare Bonesara Marchese de Beccaria together with Jeremy
Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which explains
that a person always acts in such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented

his key ideas on the abolition of torture as a legitimate means of extracting
confessions. The Classical theory maintains that man is essentially a moral
creature with absolute free will to choose between good and evil therefore stress
is placed upon the criminal himself; that every man is responsible for his act.
Freewill (Beccaria) – a philosophy advocating punishment severe enough for
people to choose, to avoid criminal acts. It includes the belief that a certain
criminal act warrants a certain punishment without any punishment without any
variation. Hedonism (Bentham) – the belief that people choose pleasure and
avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or

circumstances that made it impossible to exercise freewill are reasons to exempt
the accused from conviction. This school of thought maintains that while the
classical doctrine is correct in general, it should be modified in certain details,
that children and lunatics should not be regarded as criminals and free from
punishment, it must take into account certain mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other act is a natural phenomenon and is

comparable to disaster or calamity. That crime as a social and moral
phenomenon which cannot be treated and checked by the imposition of
punishment but rather rehabilitation or the enforcement of individual measures.
Cesare Lombroso and his two students, Enrico Ferri and Rafaele Garofalo
advocated this school.

Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist

school of criminology, was criticized for his methodology and his attention to the
biological characteristics of offenders, but his emphasis on the need to study
offenders scientifically earned him the “father of modern criminology.” His
major contribution is the development of a scientific approach to the study of
criminal behavior and to reform the criminal law. He wrote the essay entitled

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“CRIME: Its Causes and Remedies” that contains his key ideas and the
classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the

belief that being criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical
stamina/self self control.
5. Occasional Criminal – are those who commit crime due to insignificant
reasons that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s

associate. His greatest contribution was his attack on the classical doctrine of
free will, which argued that criminals should be held morally responsible for their
crimes because they must have made a rational decision to commit the crime.

Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an

Italian nobleman, magistrate, senator, and professor of law. Like Lombroso and
Ferri, he rejected the doctrine of free will and supported the position that the only
way to understand crime was to study it by scientific methods. Influenced on
Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior), he
traced the roots of criminal behavior not to physical features but to their
psychological equivalents, which he called “moral anomalies”.

The Classical and Positivist School Compared

Classical School Positivist School

 Legal definition of crime  No to legal definition

 Punishment fit the crime  Punishment fit the
 Doctrine of free will criminal
 Death penalty allowed  Doctrine of
 No imperical research determinism
 Abolition of death
 Definite sentence penalty
 Inductive method
 Indeterminate
sentence

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EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the

“Anomie Theory”, the theory that focused on the sociological point of the
positivist school, which explains that the absence of norms in a society
provides a setting conductive to crimes and other anti-social acts.
According to him, the explanation of human conduct lies not in the
individual but in the group and the social organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety

of possibilities to account for individual differences – defective conscience,
emotional immaturity, inadequate childhood socialization, maternal
deprivation, and poor moral development. The Freudian view on criminal
behavior was based on the use of Psychology in explaining an approach
in understanding criminal behavior – the foundation of the
Psychoanalytical theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the

scientific method in explaining criminality but he is a sociologist. He
advocated the “Human Ecology Theory”. Human Ecology is the study of
the interrelationship of people and their environment. This theory
maintains that crime is a function of social change that occurs along with
environmental change. It also maintains that the isolation, segregation,
competition, conflict, social contract, interaction and social hierarchy of
people are the major influences of criminal behavior and crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was

originated from the work of a German Psychiatrist, Ernest Kretschmer,
who distinguished three principal types of physique as:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course bones
c. Pyknic – medium height, rounded figure, massive neck, broad face

Kretschmer related these body physique to various psychotic

behavioral patterns: Pyknic to manic depression, asthenics and athletics
to schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the

Somatotype School of Criminology, which related body built to behavior.
He became popular of his own Somatotyping Theory. His key ideas are
concentrated on the principle of “Survival of the Fittest” as a behavioral
science. He combines the biological and psychological explanation to
understand deviant behavior. Sheldon’s “Somatotyping Theory” maintains

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 the belief of inheritance as the primary determinants of behavior and the
physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft,

roundness through out the regions of the body. They have low
specific gravity. Persons with typically relaxed and comfortable
disposition.
b. Mesomorphy – athletic type, predominance of muscle, bone and
connective tissue, normally heavy, hard and firm, sting and tough.
They are the people who are routinely active and aggressive, and
they are the most likely to commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy through the body,
slender, poorly muscled. They tend to look more fatigue and
withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as

“the most important criminologist of the twentieth century” because his
explanation about crime and criminal behavior can be seen as a corrected
extension of social perspective. For this reason, he was considered as the
“Dean of Modern Criminology.” He said that crime is learned and not
inherited.

He advocated the DAT – Differential Association Theory, which

maintain that the society is composed of different group organization, the
societies consist of a group of people having criminalistic tradition and
anti-criminalistic tradition. And that criminal behavior is learned and not
inherited. It is learned through the process of communication, and learning
process includes technique of committing the crime, motive and attitude.

4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that

for every individual there exists a containing external structure and a
protective internal structure, both of which provide defense, protection or
insulation against crime or delinquency. According to Reckless, the outer
structure of an individual are the external pressures such as poverty,
unemployment and blocked opportunities while the inner containment
refers to the person’s self control ensured by strong ego, good self image,
well developed conscience, high frustration tolerance and high sense of
responsibility. (Adler, 1995)

5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx
and Engel claim that the ruling class in a capitalist society is responsible
for the creation of criminal law and their ideological bases in the
interpretation and enforcement of the laws. All are reflected in the ruling

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 class, thus crime and delinquency are reflected on the demoralized
surplus of population, which is made up of the underprivileged usually the
unemployed and underemployed. Willem Bonger, a Marxist-Socialist, on
the other hand, placed more emphasis on working bout crimes of
economic gain. He believes that profit -motive of capitalism generates an
egoistic personality. Hence, crime is an inevitable outcome.

LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

1. Robert King Merton (1910) - Robert Merton is the premier sociologist of

the modern days who, after Durkheim, also related the crime problem to
anomie. He advocated the Strain Theory, which maintains that the failure
of man to achieve a higher status of life caused them to commit crimes in
order for that status/goal to be attained. He argued that crime is a means
to achieve goals and the social structure is the root of the crime problem.
Merton’s explanation to criminal behavior assumes that people are law
abiding but when under great pressure will result to crime.

2. Albert Cohen (1918) - He advocated the Sub-Culture Theory of

Delinquency. Cohen claims that the lower class cannot socialize
effectively as the middle class in what is considered appropriate middle
class behavior. Thus, the lower class gathered together share their
common problems, forming a subculture that rejects middle class values.
Cohen called this process as reaction formation. Much of this behavior
comes to be called delinquent behavior; the subculture is called a gang
and the kids are called delinquents. He put emphasis on the explanation
of prevalence, origins, process and purposes as factors to crime.

3. Gresham Sykes (1922) - He advocated the Neutralization Theory. It

maintains that an individual will obey or disobey societal rules depending
upon his or her ability to rationalize whether he is protected from hurt or
destruction. People become law abiding if they feel they are benefited by it
and they violate it if these laws are not favorable to them.

4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity

Theory. This theory explained that society leads the lower class to want
things and society does things to people. He claimed that there is
differential opportunity, or access, to success goals by both legitimate and
illegitimate means depending on the specific location of the individual with
in the social structure. Thus, lower class groups are provided with greater
opportunities for the acquisition of deviant acts.

5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) -

They are the advocates of the Labeling Theory – the theory that explains
about social reaction to behavior. The theory maintains that the original

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 cause of crime cannot be known, no behavior is intrinsically criminal,
behavior becomes criminal if it is labeled as such.

6. Earl Richard Quinney (1934) – He was a Marxist criminologist who

advocated the Instrumentalist Theory of capitalist rule. He argued that
the state exist as a device for controlling the exploited class – the class
that labors for the benefit of the ruling class. He claims that upper classes
create laws that protect their interest and t the same time the unwanted
behavior of all other members of society. Quinney major contribution is
that he proposed the shift in focus from looking for the causes of crime
from the individual to the examination of the Criminal Justice System for
clues.

OTHER THEORISTS

1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he

claimed that humans, like other animals, are parasite. Man is an organism
having an animalistic behavior that is dependent on other animals for
survival. Thus, man kills and steal to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in

England who accepted the Lombroso’s challenge that body physique is a
determinant to behavior. Goring concluded that there is no such thing a
physical chemical type. He contradicted the Lombroso’s idea that
criminality can be seen through features alone. Nevertheless, Goring
accepted that criminals are physically inferior to normal individuals in the
sense that criminals tend to be shorter and have less weight than non-
criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - An Anthropologist who

reexamined the work of Goring and found out that “Tall thin men tend to
commit forgery and fraud, undersized men are thieves and burglars, short
heavy person commit assault, rape and other sex crimes; where as
mediocre (average) physique flounder around among other crimes.” He
also contended that criminals are originally inferior; and that crime is the
result of the impact of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician

who pioneered Cartography and the Carthographical School of
Criminology that placed emphasis on social statistics. He discovered,
basing on his research, that crimes against persons increased during
summer and crimes against property tends to increase during winter.

HISTORICAL TIMELINE OF THE THEORIES

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 The history of criminology dates back from the works of criminological
thinkers or theorists in criminology. The origins of criminology are usually located
in the late-eighteenth-century writings of those who sought to reform criminal
justice and penal systems that they perceived as cruel, inhumane, and arbitrary.
These old systems applied the law unequally, were subject to great corruption,
and often used torture and the death penalty indiscriminately.

THEORY
Demonology (5,000 BC-1692 AD)
Astrology (3500 BC-1630 AD)
Theology (1215 BC-present)
Medicine (3000 BC -present)
Education (1642-present)
Psychiatry (1795-present)
Psychoanalysis (1895-present)
Classical School of Criminology
(1690--)
Positive School of Criminology Determinism/beyond
(1840--)
Phrenology (1770-1875)
Cartography (1800-present)
Mental Testing (1895-present)
Osteopathy (1892-present)
Chiropractics (1895-present)
Imitation (1843-1905)
Economics (1818-present)
Case Study Approach (1909-
present)
Social Work (1903-present)
Sociology (1908-present)
Castration (1907-1947)
Ecology (1927-present)
Transexualism (1937-1969)
Psychosurgery (1935-1959)
Culture Conflict (1938-1980)
Differential Association (1939-
present)
Anomie (1938-present)
MOTIVE
Demonic Influence
Zodiac/Planetary Influence
God's will
Natural illness
Academic underachievement/bad
teachers
Mental illness
Subconscious guilt/defense
mechanisms
Free will/reason/hedonism
control of
individual
Bumps on head
Geographic location/climate
Feeble-mindedness/retardation/low IQ
Abnormalities of bones or joints
Misalignment of spine/nerves
Mind on mind crowd influences
Poverty/economic need/consumerism
Emotional/social development
Community/individual relations
Social/environmental factors
Secretion of androgen from testes
Relation of person with environment
Trapped in body of wrong sex
Frontal lobe dysfunction/need
lobotomy
Conflict of customs from “old” country
Learning from bad companions
State of normlessness/goal-means
gap

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 Differential Opportunity (1961-
Absence of legitimate opportunities
present)
Alienation (1938-1975) Frustration/feeling cut off from others
Hostile attitude/crisis/sense of
Identity (1942-1980)
sameness
Making heroes out of legendary
Identification (1950-1955)
criminals
Outer temptation/inner resistance
Containment (1961-1971)
balance
Customs and folkways of prison
Prisonization (1940-1970)
culture
Need for acceptance, status,
Gang Formation (1927-present)
belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Soft targets/absence of crime
Social Defense (1947-1971)
prevention
Guided Group Interaction (1958- Absence of
1971) self-responsibility/discussion
Interpersonal Maturity (1965-1983) Unsocialized, subcultural responses
Sociometry (1958-1969) One’s place in group network system
Dysfunctional Families (1958-
Members “feed off” other’s neurosis
present)
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Weak social bonds/natural
Control Theory (1961-present)
predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Criminal values as normal within
Subcultures (1955-present)
group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Neutralization (1957-1990) Self-talk, excuses before behavior
Drift (1964-1984) Sense of limbo/living in two worlds
Reference Groups (1953-1978) Imaginary support groups
Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies
Reality Therapy (1965-1975) Failure to face reality
Perception of small part of "big
Gestalt Therapy (1969-1975)
picture"
Transactional Analysis (1961- No communication between inner
1974) parent-adult-child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamics (1955-1962) Lack of harmony with environment
Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system

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 Biofeedback (1974-1981) Involuntary reactions to stress
Environment triggers inherited
Biosocial Criminology (1977-1989)
"markers"
The "New Criminology" (1973-
Ruling class oppression
1983)
Conflict Criminology (1969-
Structural barriers to class interests
present)
Critical Criminology (1973-
Segmented group formations
present)
Radical Criminology (1976-
Inarticulation of theory/praxis
present)
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979- Critical turning/tipping points in life
present) events
Feminism (1980-present) Patriarchial power structures
Low Self Control Theory (1993-
Impulsiveness, Sensation-seeking
present)
General Strain Theory (1994- Stress, Hassles, Interpersonal
present) Relations

CRIMES OF THE MODERN WORLD

The crimes in the modern world represent the latest and the most
dangerous manifestations of the something-for-nothing-complex problems of
society. This includes Organized Crimes, White-Collar Crimes, Conventional
Cries, Victimless Crimes and the so-called Transnational Crimes. The
transnational character of many crimes in this modern world, although not new,
has not been fully recognized until recently. Crime was traditionally viewed as a
purely domestic law enforcement issue and, therefore, treated and addressed as
an exclusive concern of individual states. As such crimes, being a new threat to
domestic and international interest and security, has given recognition to be
known as Transnational Crimes.

Transnational crime is an offense that has an international dimension

and implies crossing at least one national border before, during or after the fact.
This include but not limited to illegal drug trafficking, money laundering, terrorism,
arm smuggling, piracy, kidnapping, trafficking in persons, and cyber crimes. Most
of these crimes falling under this category reflect connection with organized and
white-collar criminals.

ORGANIZED CRIMES

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 An organized Crime is a criminal activity by an enduring structure or
organization developed and devoted primarily to the pursuit of profits through
illegal means. It is sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE”
or the “COSA NOSTRA”, which are known as “the enemy with in”, “the 2nd
government“, “the 5th estate” or the “crime confederation.”

The term Cosa Nostra (literally means “one thing”) or mafia is use to
signify organized crimes, and one of the varieties names for either mob or
syndicate. A strict code of conduct governs their behavior called the “Omerta” –
the mafia’s code of secrecy, and informal, unwritten code of organized crime,
which demand silence and loyalty, among other thing, of family members.
(Abandinsky, 1991). Whatever be the name, the organization is known to be
formal, with division of labor, with coordination of activities through rules and
codes and with allocation of task in order to achieve illegitimate goals. The
organization seeks profit from crimes and tries to prevent itself from threats,
prosecution, and even punishment from legal authorities.

Criminal organizations keep illegal actions secret, and members

communicate by word of mouth, therefore police will never be able to trace
phone calls or letters. Many organized crime operations have legal fronts, such
as licensed gambling, building construction, and trash hauling, or which operate
in parallel with and provide cover for drug trafficking, money laundering,
prostitution, extortion, murder for hire, hijacking, fraud, and insider trading. Other
criminal operations engage in human trafficking, political corruption, black
marketeering, political violence, racist and religiously motivated violence,
terrorism, abduction, prison break and crimes against humanity.

In order for a criminal organization to prosper, some degree of support is

required from the society in which it lives. Thus, it is often necessary to corrupt
some of its respected members, most commonly achieved through bribery,
blackmail, and the establishment of symbiotic relationships with legitimate
businesses. Judicial and police officers and legislators are especially targeted for
control by organized crime via bribes.

Globalization occurs in crime as much as it does in business. Criminal

organizations easily cross boundaries between countries. This is especially true
of organized groups that engage in human trafficking. The newest growth sectors
for organized crime are identity theft and online extortion. These activities are
troubling because they discourage consumers from using the Internet for e-
commerce. E-commerce was supposed to level the playing ground between
small and large businesses, but the growth of online organized crime is leading
to the opposite effect; large businesses are able to afford more bandwidth (to
resist denial-of-service attacks) and superior security. Furthermore, organized
crime using the Internet is much harder to trace down for the police (even though

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they increasingly deploy cybercops) since police forces and law enforcement
agencies in general operate on a national level while the Internet makes it even
more simple for criminal organizations to cross boundaries and even to operate
completely remotely.

Organized Crime Families

Perhaps the best-known criminal organizations are the Sicilian and

American Cosa Nostra, most commonly known as the Mafia. The Neopolitan
Camorra, the Calabrian 'Ndrangheta, and the Apulian Sacra Corona Unita
are similar Italian organized crime groups.

Other notable groups include the Colombian drug cartels, the Mexican
drug cartels, The Irish Mob, the Japanese Yakuza, the Chinese Triads, the
Russian Mafia, the Mexican Mafia, the Indian Mafia, the Bulgarian Mafia, the
Chechen mafia, the Brazilian Comando Vermelho (CV) and Primeiro Comando
da Capital (PCC), and the Central American Mara Salvatrucha (MS-13).
Prisoners may also be involved in criminal organizations. Many terrorist groups,
such as Hezbollah, Al Qaeda, the Provisional IRA and the Ulster Defence
Association also engage in criminal activity such as trafficking and money
laundering as well as terrorism.

World leaders throughout history who have been accused of running their
country like a criminal organization include Adolf Hitler, Joseph Stalin, Mao
Zedong, Augusto Pinochet, Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu,
Francisco Franco, Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir
Putin, Silvio Berlusconi, Alberto Fujimori (in league with his advisor Vladimiro
Montesinos), Senior General Than Shwe of Burma and various other dictators
and military juntas. Corrupt political leaders may have links to existing organized
crime groups, either domestic or international, or else may simply exercise power
in a manner that duplicates the functioning and purpose of organized crime.

In the past criminal organizations have naturally limited themselves by

their need to expand. This has put them in competition with each other. This
competition, often leading to violence, uses valuable resources such as
manpower (either killed or sent to prison), equipment and finances. The Irish Mob
boss of the Winter Hill Gang (in the 1980s) turned informant for the FBI. He used
this position to eliminate competition and consolidate power within the city of
Boston which led to the imprisonment of several senior organized crime figures
including Gennaro "Jerry" Anguilo underboss of the Patriarca crime family.
Infighting sometimes occurs within an organization, such as the Castellamarese
war of 1930-31 and the Irish Mob Wars of the 1960s and 70s.

Today criminal organizations are increasingly working together, realizing

that it is better to work in cooperation rather than in competition with each other.
This has led to the rise of global criminal organizations such as Mara

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Salvatrucha. The Sicilian Mafia in the U.S. have had links with organized crime
groups in Italy such as the Camorra, the 'Ndrangheta and the Sacra Corona
Unita. The Sicilian Mafia has also been known to work with the Irish Mob (John
Gotti of the Gambino family and James Coonan of the Westies are known to
have worked together, with the westies operating as a contract hit squad for the
Gambino family after they helped Coonan come to power) , the Japanese
Yakuza and the Russian Mafia.

How the Organized Crime Group Works?

For the organization to work there must be:

1. An Enforcer – one who make arrangements for killing and injuring

(physically, economically, psychologically) the members or non-members.

2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates,

and “sweet talks” into a relationship with the police, public officials or any
else who might help the members security and maintain immunity from
arrest, prosecution and punishment.

3. A Corruptee – a public official, usually not a member of the organization

family, who can wield influence on behalf of the organization’s interest.

Sources of Illegal Profit

The organization gains from goods and services that are of great demand
by the society but are prohibited by law. It includes but not limited to most
victimless crimes such as illegal drugs, alcohol, gambling, pornography, and
including bank fraud, extortion or racketeering and others.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graft – manned by political criminals (Political Graft), who use of

force and violence of a means to obtain profit or gain, and or achieving
political aims or ambitions. An example of this is vote buying, and the
employment of private armies to control a certain political area.

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 2. The Mercenary/Predatory Organized Crime – crimes committed by groups
for direct personal profit but prey upon unwilling victims. Example:
extortionist/racketeer

3. In – Group Oriented Organized Crime – groups manned by semi

organized individual whose major goals are for psychological gratification
such as adolescent gangs. Example: Motorcycle Gangs

4. Syndicated Crime – the organization that participates in illicit activity in

society by the use of force, threat, or intimidation. The group with a formal
structure – whose purpose is to provide elicit services, which are in strong
public demand through the use of secrecy on the part of the associates.
There is assurance of protection necessary for its operations through
political corruption or avoidance of prosecution.

Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in

the organization. Professional crimes refer to occupations or their incumbents,
which possesses various traits including useful knowledge that requires lengthy
training, service orientation and code of ethics that permits occupations to
attempt to obtain autonomy and independence with high prestige and
remuneration.

Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.

2. Careful planning, and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of
behavior, and mutual specialized language.

Criminological Types of Organized Crimes

1. Traditional Crime Syndicates.

2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime

Controlling Organized Crimes

Organized crimes can be controlled through: Law Enforcement Effort,

Organization of Anti-Organized Crime measures, Community Awareness and
Cooperation

Philippine Center for Transnational Crime

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 In response to organized criminal activities, the Philippine government has
instituted programs and projects to address these threats to national and
international interest and security. It has created the Philippine Center on
Transnational Crime (PCTC) (E.O. No.62 s1999) to establish a shared central
database among concerned agencies for information on criminals,
methodologies, arrests, and convictions on transnational crime in all its forms.
Apart from this, the Center is mandated to discharge the following:

1. Supervise and control conduct of anti-transnational crime operations of all

government agencies and instrumentalities:
2. Establish a central database on national as well as international
legislations and jurisprudence on transnational crime, with the end in view
of recommending measures to strengthen responses and provide
immediate intervention for the prevention, detection and apprehension of
criminals operating in the country;
3. Establish a center for strategic research on the structure and dynamics of
transnational crime, predict trends and analyze relationships of given
factors for the formulation of strategies to combat the same;
4. Design programs and projects aimed at enhancing national capacity-
building in combating transnational crime, as well as supporting the
related programs and projects of other ASEAN and international centers;
and
5. Explore and coordinate information exchanges and training with other
government agencies, foreign countries and international organizations
involved in containing and eliminating transnational crime.

Executive Order No. 100 s1999 

To further strengthen the operational, administrative and information

support system of the PCTC, E.O. No. 100 s1999 empowered the Center to
exercise general supervision and control over the following:

1. Loop Center of the National Action Committee on Anti-Hijacking and

Terrorism (NACAHT) whose primary mission is to assist and support the
NACAHT in integrating and orchestrating the efforts of all law enforcement
agencies against international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila
which has been reconstituted to serve as the national liaison office and
main coordinating body for international police cooperation against
transnational crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of
the Interior and Local Government (DILG)

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WHITE COLLAR CRIMES

Edwin Sutherland defined white-collar crime as criminal acts committed by

a person of respectability and high social status in the course of his or her
occupation.

Forms of White Collar Crimes

1. Corporate crimes - the violation of a criminal statute either by a corporate

entity or by its executives, employees or agents, acting on behalf of and
for the benefit of the corporation, partnership or other business entity.
2. Environmental crimes - violation of criminal law which, although typically
committed by businesses or by business officials, may also be committed
by other persons or organizational entities, and which damage some
protected or otherwise significant aspect of the natural environment.
3. Occupational crimes - any act punishable by law, which is committed
through opportunity created in the course of an occupation that is legal.

 Organizational Occupational Crime - crimes committed for the

benefit of the entire organization in such instances only the
organization or the employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through the
exercise of their state-based authority. Such crime is occupation
specific, and can only be committed by person in public office or by
working for such persons.
 Professional Occupational Crime - crimes by professionals in their
capacity as professionals. The crimes of physicians, attorneys,
psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as individuals
which include income tax evasion, theft of goods and services by
employees, the filing of false expense report, and the like.

Occupational crimes also refer to:

 White-collar crime (Sutherland)

 Avocational crime - committed by one who does not think for himself as
criminal and whose major source of income is something other than crime.
 Corporate crime - committed by corporate officials for their corporations
and the offenses of the corporation and the offenses of the corporation
itself.
 Economic crime - illegal activity that principally involves deceit,
misrepresentation, concealment, manipulation, breach of trust and illegal
circumvention.
 Organizational crime - illegal actions taken in accordance with operative
organizational goals that seriously harm employees or the general public.

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  Upper-world crime - law-breaking acts, committed by those who, due to
their positions in the structure, have obtained specialized kinds of
occupational slots essential for the commission of these offenses.

Types and Schemes of White Collar Crimes

1. Bank Fraud: To engage in an act or pattern of activity where the purpose

is to defraud a bank of funds.
2. Blackmail: A demand for money or other consideration under threat to do
bodily harm, to injure property, to accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or anything else of
value is offered with intent to influence the actions, opinions, or decisions
of the taker. You may be charged with bribery whether you offer the bribe
or accept it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation
of a cellular phone or service. This can be accomplished by either use of a
stolen phone, or where an actor signs up for service under false
identification or where the actor clones a valid electronic serial number
(ESN) by using an ESN reader and reprograms another cellular phone
with a valid ESN number.
5. Computer fraud: Where computer hackers steal information sources
contained on computers such as: bank information, credit cards, and
proprietary information.
6. Counterfeiting: Occurs when someone copies or imitates an item without
having been authorized to do so and passes the copy off for the genuine
or original item. Counterfeiting is most often associated with money
however can also be associated with designer clothing, handbags and
watches.
7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods
of value.
8. Currency Schemes: The practice of speculating on the future value of
currencies.
9. Embezz1ement: When a person who has been entrusted with money or
property appropriates it for his or her own use and benefit.
10. Environmental Schemes: The over billing and fraudulent practices
exercised by corporations which purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from
another by actual or threatened force, fear, or violence, or under cover of
official right.
12. Forgery: When a person passes a false or worthless instrument such as a
check or counterfeit security with the intent to defraud or injure the
recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides
services under the guise of being licensed and obtains monetary benefit
for the service.

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 14. Insider Trading: When a person uses inside, confidential, or advance
information to trade in shares of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein one
obtains proceeds from an insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim is contacted by the
actor who promises to provide a large return on a small investment.
17. Kickback: Occurs when a person who sells an item pays back a portion of
the purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes another person's money
or property with the intent to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from
racketeering, drug transactions or other embezzlement schemes so that it
appears that its original source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by
brokers so that buyers can purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place
telephone calls to residences and corporations where the actor requests a
donation to an alleged charitable organization or where the actor requests
money up front or a credit card number up front, and does not use the
donation for the stated purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to
obtain benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from
the State or Federal Government.
25. Weights and Measures: The act of placing an item for sale at one price
yet charges a higher price at the time of sale or short weighing an item
when the label reflects a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give him some type of
advanced fee in return for a future benefit. The future benefit never occurs
and victim never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the
newspaper stand cannot change his one hundred dollar bill and asks the
victim for change. Victim provides actor with the change, actor returns to
the store to get the one hundred dollar bill back, however, never returns to
victim.
28. Auto Repair: Actor hangs out around an auto repair shop and approaches
victims who leave after getting estimates. Actor claims to do work off duty
at a very low cost. Once actor has the car, inferior work is completed and
victim cannot get the return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport is
developed with the bank. Actor then deposits a series of bad checks but
prior to their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons
and redeem them to manufacturers when in fact merchandise was never
sold.

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 31. Directory Advertising: Actor either impersonates sales person from a
directory company like the yellow pages or fraudulently sells advertising
which the victim never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor advises
victim that the curse must be removed. Actor advises that she must
meditate to the spirits and will require payment. Over a period of time,
victim pays fortune teller thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove
the curse, the money must be placed into a bag or box that the actor
provides. The bag or box is switched. Actor advises victim to perform
certain rituals over the money and the curse will be removed. The bag or
box cannot be opened for a period of time when it is opened, the money is
gone.
34. Home Improvement: Actor approaches a home owner with a very low
estimate for a repair or improvement. Inferior or incomplete work is
performed. Once the repairs are completed, actor intimidates the victim to
pay a price much greater than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment such
as tools at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the address
of a prostitute. Actor #1 shows a large sum of money to the victim. Actor
#2 arrives and tells Actor #1 where he can find the prostitute but cautions
on taking all the money as the prostitute might rob him. Actor #1 asks the
victim to hold the money for him. Actor #1 puts his money into a
handkerchief with the victim’s money. Actor #1 shows the victim how to
hide the money under his arm, inside his shirt while switching
handkerchiefs. Victim takes the handkerchief and the parties split up,
however, Actor #1 leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some type
of retirement development which does not exist.
38. Odometer Fraud: Unscrupulous used car salesman purchased used cars
and turns back the odometers. The used car is sold at a higher price due
to its low mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1
and victim a "found" package containing a large amount of cash. Actor #1
insists that the found money be divided equally but only after each person
puts up his own money to demonstrate good faith. All the money is put in
one package and the package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being operated
by fraudulent bank officers. Actor instructs victim to take money out of
bank and place it into a good bank. After the money is withdrawn, the
actor allegedly takes the money to the police station for safe keeping. The
victim never sees the money again.
41. Ponzi: An investment scheme where the actor solicits investors in a
business venture, promising extremely high financial returns or dividends
in a very short period of time. The actor never invests the money,

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 however, does pay dividends. The dividends consist of the newest
investors funds. The first investors, pleased to receive dividends,
encourage new investors to invest. This scheme falls apart when the actor
no longer has sufficient new investors to distribute dividends to the old
investors or the actor simply takes all the funds and leaves the area.
42. Pyramid: An investment fraud in which an individual is offered a
distributorship or franchise to market a particular product. The promoter of
the pyramid represents that although marketing of the product will result in
profits, larger profits will be earned by the sale of franchises. For example,
if a franchise price is P10, 000.00, the seller receives P3, 500.00 for every
franchise sold. Each new franchise purchaser is presented with the same
proposal so that each franchise owner is attempting to sell franchises.
Once the supply of potential investors is exhausted, the pyramid
collapses. Many times, there are no products involved in the franchise,
simply just the exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money
exchanges and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or
bottle caps. Actor #1 moves the caps around and shows victim the cap
with the pea under it. With the encouragement of another player, also
Actor #2, victim places larger and larger bets as to which cap contains the
pea. The game is ended by Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by
wearing jumpsuits with name tags. Actor approaches victim with story
about a gas leak or electrical surge to gain entry to the home. Valuables
are taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an
extremely low cost due to his connections. Victim pays for the VCR or
television only to discover that the box has been filled with rocks.
47. West African Investment Scams: Actors target businesses and obtain
business' bank account information from which all funds are later
withdrawn.

Dealing with White-Collar Crimes

Gary Green pointed out that professional criminals would probably

continue to enjoy immunity from prosecution. Hence, they are unlikely to be
deterred by sanction or threat and are unlikely to be formally disqualified by their
professional organizations. They will there fore feel free and are free to continue
or begin their activities (Schmallenger, 1999). James W. Coleman suggests four
areas of reform, which white-collar crime might be effectively addressed:

1. Ethical Reforms - reform include such things as working to establish

stronger and more persuasive codes of business ethics. Courses in ethical
businesses might be offered in universities, and corporations could school
their employees in right livelihood.

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 2. Enforcement Reforms - reform center on the belief that white-collar
criminals must be severely published, but also include such things as
better funding for enforcement agencies dealing with white-collar crime,
and insulation of enforcement personnel from undue political violations.

3. Structural Reforms - involve basic changes in corporate structure to make

white-collar crime more difficult to commit such as selective nationalization
of firms that have long records of criminal violations.

4. Political Reforms - focus on eliminating campaign contributions from

corporations and businesses, but also include the level of fairness in
determining government grants and contracts, the government must serve
as a police itself. This includes the enforcement of laws and the regulation
of the activities of elected officials and administrative personnel.

THE CONVENTIONAL CRIMES

Conventional crimes are those traditional, illegal behaviors that most

people think of as crime. Most crime is conventional crime. Non-conventional
crime may be organized crime, white-collar crime, political crime, etc.
Conventional crimes are groups of crimes categorized as violent crimes (index
crimes) and property crimes. It has been argued that cyber crime is just a
conventional crime committed with high-tech devices.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or
actual physical harm by an offender to a victim. It presents not only index
offenses that every one recognizes as violent (murder, rape, robbery) or other
acts involving force and intimidation but also “violent crimes” that are commonly
categorized as “social problem” such as domestic violence, child abuse, elder
abuse, etc.

Violent acts are in the forms of:

1. Interpersonal Violence - Forcible Rape. Murder, Serious Assault,

Family Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban Violence

Property Crimes - are crimes of economic interest. It includes those

crimes that would most commonly be categorized as theft in ordinary language. It
also includes but not limited to offenses such as unlawful entry to commit theft,
shoplifting, vandalism, and arson. Property crimes are also in the forms of:

1. Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle

theft, Check Forgery

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 2. Conventional Property Crimes - Burglary/unlawful entry to commit
theft, Fence, Larceny/Theft

Violent Crimes (Index Crimes)

Murder – is the unlawful killing of human being with malice and with the
“act of violence”. Serial Murder – an act involving killing of several victims in
three or more separate incidents over a week, a month or year. Mass Murder – it
is the killing of four or more victims at one location with one event. Spree Murder
– the killing of in two or more locations with almost no time break between
murders.

Homicide and Assault - Homicide is also unlawful killing with out the
qualifying circumstances of murder. It is generally regarded as the most
commonly committed of all the index crimes (based on the UCR offenses).
Assault is called “unlawful attack” to another person purposely to harm or
inflict physical injuries. It is a crime that involves offering to give bodily harm to a
person or placing the person in fear.

Robbery - INTERPOL defined robbery as “violent theft”. It is the taking of

property belonging to another with intent to gain by means of force upon things,
violence of intimidation against the person. It could be in the form of:

1. Robbery of person – “hold up cases”

2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims
and offender
5. Robbery in case of previous association between victim and offender.

Types of Robbers

1. The Professional Robber – robber who has long-term commitment to the

crime of robbery as a major source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little
commitment to or specialization in robbery and one who is all purpose
property offender.
3. The Addict Robber – one who committed the crime of robbery to support
the drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery
occasionally in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-
professional robbers who are sometimes called “strong armed robbers” –
the street robbers who commit everything from snatching to the
brutalization of the victim.

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 Rape - is commonly defined as “carnal knowledge of a woman against her
will”. Rape is the fastest growing of all UCR index crime. It could be in the form
of:

1. Real Rape – aggravated rape involving violence, weapons and attackers.

2. Simple Rape – anything else not fall as “real rape” such as: victims are
viewed as suspicious, particularly if the victim did not physically resist.

Rape is a violent crime due to the means employed usually characterized

by violence, aggression and domination. It has the general effect of “Rape
Trauma Syndrome” – refers to the adverse psychological impacts rape victims
continue to suffer long after the incident. It includes:

1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

Classification of Men who Rape

1. Anger Rape – sexual attack becomes a means of expressing anger or

rage and involves more physical assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over
the victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims
in psychic desires to often torture or otherwise abuse the victim.

Family Violence - Family violence are violent crimes involving physical

assault by a family member to another family members such as the following:

1. Child Abuse – an attack or assault of an adult against the defenseless or

people who cannot defend themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”

Types of Violent Offenders

1. Culturally Violent Offenders – those who live in cultures which violence is

an acceptable problem mechanism.
2. Criminally Violent Offenders – those who use violence as a means to
accomplish criminal acts.
3. Pathological Violent Offenders – those who commit violent crimes due to
mental disturbances.
4. Situational Violent Offenders – those who commit acts of violence on rare
occasions, often under provocations. They are the criminals “by passion”.

Property Crimes (Non-Index Crimes)

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 Occasional Property Crimes - Occasional Property crimes are group of
property crimes committed by ordinary property criminals with little progressive
knowledge on criminal techniques. Offenders injure or steal property on an
infrequent basis. They tend to commit crimes such as Auto theft of motor vehicle
theft, Shoplifting or good pilferage, Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property crimes

committed by professional criminals on a persistent basis, which constitute form
of career criminality. Conventional property crimes include:

1. Burglary (Robbery) – unlawful entry of forcible entry in order to commit a

felony of theft.
2. The Fence – dealers of stolen properties, the act of “buy and sale of stolen
properties”
3. Larceny (theft) – simple taking of properties with intent to gain and without
the consent of the owner.

Destructive Property Crime – includes Arson – unlawful burning of

property on another such as:

1. Profit-motivated Arson – illustrated by insurance fraud

2. Revenge Arson – burning of properties due to hatred or spell jealousy
3. Vandalism Arson – fire is employed as a means of expressing vindictive
vandalism toward the property of a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.

Cybercrime

Although the term cybercrime is usually restricted to describing criminal

activity in which the computer or network is an essential part of the crime, this
term is also used to include traditional crimes in which computers or networks are
used to enable the illicit activity.

Examples of cybercrime which the computer or network is a tool of the

criminal activity include spamming and criminal copyright crimes, particularly
those facilitated through peer-to-peer networks. Examples of cybercrime in which
the computer or network is a target of criminal activity include unauthorized
access (i.e, defeating access controls), malicious code, and denial-of-service
attacks. Examples of cybercrime in which the computer or network is a place of
criminal activity include theft of service (in particular, telecom fraud) and certain
financial frauds. Finally, examples of traditional crimes facilitated through the use
of computers or networks include Nigerian 419 or other gullibility or social
engineering frauds (e.g., hacking "phishing", identity theft, child pornography,
online gambling, securities fraud, etc. Cyberstalking is an example of a traditional

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crime- harassment - that has taken a new form when facilitated through computer
networks.

Additionally, certain other information crimes, including trade secret theft

and industrial or economic espionage are sometimes considered cybercrimes
when computers or networks are involved. Cybercrime in the context of national
security may involve hacktivism (online activity intended to influence policy),
traditional espionage, or information warfare and related activities.

Another way to define cybercrime is simply as criminal activity involving

the information technology infrastructure, including illegal access (unauthorized
access), illegal interception (by technical means of non-public transmissions of
computer data to, from or within a computer system), data interference
(unauthorized damaging, deletion, deterioration, alteration or suppression of
computer data), systems interference (interfering with the functioning of a
computer system by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data), misuse of devices, forgery (ID theft), and
electronic fraud.

THE VICTIMLESS CRIMES

In common understanding of what crime means is that the act implies that
there is both perpetrator and a victim of the wrongful behavior. With victimless
crimes, this general rule does not apply. Victimless crimes refer to those crimes
in which no clear victim is readily identifiable. In other words, the only injured
party is the offender, who engages in self-destructive behavior. These crimes are
also called moral offenses or vice. Many of these crimes generally refer to Public
Order Crimes – an offense that is consensual and lacks a complaining
participant. It is rare in these cases are victims who week prosecution.

Examples of Victimless Crimes

 Related to Sex Crimes (against Chastity): Adultery and, in general, sex

outside marriage where all those involved, including spouses, give
consent. Adultery without the spouse's consent is arguably not victimless,
as it violates the spouse's marriage contract rights, but it is also arguable
that the non-consenting spouse is the victim of a civil wrong, not a criminal
wrong; Bigamy and other non-traditional marital and family practices;
Prostitution, other sex work, and related acts. According to some people,
prostitutes are "victims" of economic circumstances; others point out that
many strippers and ditch diggers are "victims" of economic circumstances,
and arguably so is anyone who performs a service only for the money, but
that doesn't mean stripping, ditch digging or performing any other services
solely for the money is or should be a crime; Incest between legal adults
where offspring cannot result from the sexual activity.

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  Related to Religion: Practice of religions or cults or superstitions other
than those locally sanctioned. Practices involving banned substances
(such as hallucinogens) or banned social arrangements (such as
polygamy); Blasphemy; Apostasy.

 Related to Financial Matters: Ticket scalping

 Related to Political Matters: In general, most specifically political crimes

are necessarily victimless, as they by definition are against the body politic
such as Flag Desecration or expressing negative opinion of prominent
national figure (e.g. Turkey, North Korea); Public obscenity, though
offense (damage) to others is possible; Treason; High Crimes and
Misdemeanors, and other abuses of Political power that do not involve
specific persons; Electoral fraud, where such fraud does not involve the
votes of specific persons

 Related to Self-Preservation and Public Safety: Suicide; attempted

suicide; euthanasia.

STUDY OF CRIMINAL BEHAVIOR

CRIMINAL PSYCHOLOGY

In general, psychology is the science of behavior and mental processes.

This means that psychologists use the methods of science to investigate all kinds
of behavior and mental processes, from the activity of a single nerve cell to the
social conflict in a complex society (Bernstein, et al, 1991). In particular, criminal
Psychology is a sub-field of general psychology where criminal behavior is only,
in part by which phenomena psychologists choose to study. It may be defined as
the study of criminal behavior, the study of criminal conduct and activities in an
attempt to discover recurrent patterns and to formulate rules about his behavior.

A major description of criminal psychology is the word behavior. Behavior

refers to actions or activities (Kahayon, 1985). To the criminologist, behavior is
the observable actions because he is more interested in actions and reactions
that can be seen and verified than in concepts, which cannot be directly verified.

Classification of Behavior

1. Normal Behavior (adaptive or adjusted behavior) – the standard

behavior, the totality accepted behavior because they follow the standard
norms of society. understanding criminal behavior includes the idea of
knowing what characterized a normal person from an abnormal one. A
normal person is characterized by: Efficient perception of reality, Self-

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 knowledge, Ability to exercise voluntary control over his behavior, Self-
esteem and acceptance, Productivity, Ability to form affectionate
relationship with others.

2. Abnormal Behavior (maladaptive/maladjusted behavior) - A

group of behaviors that are deviant from social expectations because they
go against the norms or standard behavior of society.

A maladaptive (abnormal) person may be understood by the following

definitions:

Abnormal behavior according to deviation of statistical norms

based in statistical frequency: Many characteristics such as weight,
height, an intelligence cover a range of values when, measured over a
population. For instance, a person who is extremely intelligent or
extremely happy would be classified as abnormal.
Abnormal behavior according to deviation from social norms:
A behavior that deprives from the accepted norms of society is considered
abnormal. However, it is primarily dependent on the existing norm of such
society.
Behavior as maladaptive: Maladaptive behavior is the effect of a
well being of the individual and or the social group. That some kind of
deviant behavior interferes with the welfare of the individual such as a
man who fears crowd can’t ride a bus. This means that a person cannot
adopt himself with the situation where in it is beneficial to him.
Abnormal behavior due to personal distress: This is abnormally
in terms of the individual subjective feelings of distress rather than the
individual behavior. This includes mental illness, feeling of miserably,
depression, and loss of appetite or interest, suffering from insomnia and
numerous aches and pains.
Abnormality in its legal point: It declares that a person is insane
largely on the basis of his inability to judge between right and wrong or to
exert control over his behavior (Bartol, 1995).

KINDS OF BEHAVIOR

1. Overt or Covert Behavior - Behaviors that are outwardly

manifested or those that are directly observable are overt behaviors. On
the other hand, covert behavior are behaviors that are hidden – not visible
to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is conscious
when acts are with in the level of awareness. It is unconscious when acts
are embedded in one’s subconscious – unaware.
3. Simple or Complex Behavior - These are acts categorized
according to the number of neurons involved in the process of behaving.

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 Simple behavior involves less number of neurons while complex behavior
involved more number of neurons, a combination of simple behaviors.
4. Rational or Irrational Behavior - There is rational behavior when
a person acted with sanity or reason and there is irrational behavior when
the person acted with no apparent reason or explanation – as when a man
loses his sanity and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary behavior is an act
done with full volition or will such as when we discriminate, decide or
choose while involuntary behaviors refers the bodily processes that foes
on even when we are awake or asleep like respiration, circulation and
digestion.

ASPECTS OF BEHAVIOR

1. Intellectual Aspect – this aspect of behavior pertains to our way of

thinking, reasoning, solving, problem, processing info and coping with the
environment.
2. Emotional Aspect – this pertains to our feelings, moods, temper, and
strong motivational force.
3. Social Aspect – this pertains to how we interact or relate with other
people
4. Moral Aspect – this refers to our conscience and concept on what is good
or bad.
5. Psychosexual Aspect - this pertains to our being a man or a woman and
the expression of love
6. Political Aspect – this pertains to our ideology towards
society/government
7. Value/Attitude – this pertains to our interest towards something, our likes
and dislikes

THE CRIMINAL FORMULA

C=T+S
R
Where:

C – Crime/Criminal Behavior (the act)

T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)

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 The 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 withstands the pressure of his desire or intent and the
opportunity (Tradio, 1983).

In understanding this, the environment factors such as stress and strains

are considered because they contribute in mobilizing a person’s criminal
tendency and the individual’s psychological state while resistance t temptation
arises from the emotional, intellectual and social upbringing and is either
manifestation of a strong or weak character.

DETERMINANTS OF BEHAVIOR

The answer to these questions requires the study and understanding of

the influences of HEREDITY and ENVIRONMENT. As cited by Tuason:

Heredity (Biological Factors) - This refers to the genetic influences,

those that are explained by heredity, the characteristics of a person acquired
from birth transferred from one generation to another. It explains that certain
emotional aggression, our intelligence, ability and potentials and our physical
appearance are inherited. It is the primary basis of the idea concerning criminal
behavior, the concept that “criminals are born”. It also considers the influences of
genetic defects and faulty genes, diseases, endocrine imbalances, malnutrition
and other physical deprivations that can be carried out from one generation to
another.

Environmental Factors (Socio-Cultural Influences)

Family Background – it is a basic consideration because it is in the

family whereby an individual first experiences how to relate and interact with
another. The family is said to be the cradle of personality development as a result
of either a close or harmonious relationship or a pathogenic family structure: the
disturbed family, broken family, separated or maladjusted relations.

Pathogenic Family Structure – those families associated with high

frequency of problems such as:

 The inadequate family – characterized by the inability to cope with the

ordinary problems of family living. It lacks the resources, physical of
psychological, for meeting the demands of family satisfaction.
 The anti-social family – those that espouses unacceptable values as a
result of the influence of parents to their children.
 The discordant/disturbed family – characterized by non-satisfaction of
one or both parent from the relationship that may express feeling of

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 frustration. This is usually due to value differences as common sources of
conflict and dissatisfaction.
 The disrupted family – characterized by incompleteness whether as a
result of death, divorce, separation or some other circumstances.

Childhood Trauma – the experiences, which affect the feeling of security

of a child undergoing developmental processes. The development processes are
being blocked sometimes by parental deprivation as a consequence of parents or
lack of adequate maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.

In the environment, the following are also factors that are influential to one’s
behavior:
1. Institutional Influences such as peer groups, mass media, church and
school, government institutions, NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group prejudice and
discrimination, economic and employment problems and other social
changes.
3. Nutrition or the quality of food that a person intake is also a factor that
influences man to commit crime because poverty is one of the may
reasons to criminal behavior.

OTHER DETERMINANTS OF BEHAVIOR

In order to further understand and provide answers on the question that

why do some people behave criminally, it is important to study the other
determinants of behavior. These are needs, drives and motivation.

Needs and Drives - Need, according to a drive reduction theory, is a

biological requirement for well being of the individual. This need creates drives –
a psychological state of arousal that prompts someone to take action (Bernstein,
et al, 1991). Drive therefore is an aroused state that results from some biological
needs. The aroused condition motivates the person to remedy the need. For
example, If you have had no water for some time, the chemical balance of the
body fluids is disturbed, creating a biological need for water. The psychological
consequence of this need is a drive – thirst – that motivates you to find and drink
water. In other words, drives push people to satisfy needs.

Motivation - Motivation on the other hand refers to the influences that

govern the initiation, direction, intensity, and persistence of behavior (Bernstein,
et al, 1991). Thus motivation refers to the causes and “why’s” of behavior as
required by a need. Motivation is the hypothetical concept that stands for the
underlying force impelling behavior and giving it s direction (Kahayon, 1975).
Drives are states of comfortable tension that spur activity until a goal is reached.
Drive and motivation are covered in the world of psychology, for they energize
behavior and give direction to man’s action. For example, a motivated individual

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is engaged in a more active, more vigorous, and more effective that unmotivated
one, thus a hungry person directs him to look for food.
Biological needs Motivational Systems

Food Hunger – the body needs adequate

supply of nutrients to function effectively.
“An empty stomach sometimes drives a
person to steal.”
Water Thirst – just like food, the body needs
water.
Sex A powerful motivator but unlike food and
water, sex is not vital for survival but
essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is
essential to the survival of the organism.
Pain will activate behavior to reduce
discomfort.
Stimulus seeking Curiosity is most people and animal is
motivated to explore the environment
even when the activity satisfies no bodily
needs.

Psychological Needs - are influenced primarily by the kind of society in which

the individual is raised. Psychological motives are those related to the individual
happiness and well being, but not for he survival, unlike the biological motives
that focuses on basic needs – the primary motives.

Abraham Maslow has suggested that human needs form a hierarchy

from the most basic biological requirements to the needs for self-actualization –
the highest of all needs The pyramidal presentation shows that from the bottom
to the top of the hierarchy, the levels of needs or motive according to Maslow,
are:

1. Biological or Physiological Needs – these motives include the need

for food, water, oxygen, activity, and sleep.
2. Safety Needs – these pertains to the motives of being cared for and
being secured such as in income and place to live.
3. Love/Belongingness – Belongingness is integration into various kinds
of social groups or social organizations. Love needs means need for
affection.
4. Cognitive Needs – our motivation for learning and exploration
5. Esteem Needs – our motivation for an honest, fundamental respect for
a person as a useful and honorable human being.
6. Aesthetic Needs - our motivation for beauty and order

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 7. Self- actualization – pertains to human total satisfaction, when people
are motivated not so much by unmet needs, as by the desire to
become all they are capable of (self-realization).

According to the Maslow”s formulation, the levels that commands the

individuals attention and effort is ordinarily the lowest one on which there is an
unmet need. For example, unless needs for food and safety are reasonably well-
met behavior will be dominated by these needs and higher motives are of little
significant. With their gratification, however, the individual is free to devote time
and effort to meet higher level. In other words, one level must at least be partially
satisfied before those at the next level become determiners of action.

Frustration, Conflict and Anxiety

Frustration refers to the unpleasant feelings that result from the blocking
of motive satisfaction. It is a form of stress, which results in tension. It is a feeling
that is experienced when something interferes with our hopes, wishes, plans and
expectations (Coleman, 1980). Conflict refers to the simultaneous arousal of two
or more incompatible motives resulting to unpleasant emotions. It is a source of
frustration because it is a threat to normal behavior (Berstein, et al, 1991).

Types of Conflicts

1. Double Approach Conflict – a person is motivated to engage in two

desirable activities that cannot be pursued simultaneously.
2. Double Avoidance Conflict – a person faces two undesirable situations
in which the avoidance of one is the exposure to the other resulting to an
intense emotion.
3. Approach-Avoidance Conflict – a person faces situation having both a
desirable and undesirable feature. It is sometimes called “dilemma”,
because some negative and some positive features must be accepted
regardless which course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which a choice
must be made between two or more alternatives each has both positive
and negative features. It is the most difficult to resolve because the
features of each portion are often difficult to compare.

Anxiety is an intangible feeling that seems to evade any effort to resolve

it. It is also called neurotic fear. It could be intense, it could be low and can be a
motivating force (Coleman, 1980). Stress is the process of adjusting to or
dealing with circumstances that disrupts, or threatens to disrupt a person’s
physical or psychological functioning (Bernstein, et al, 1991)

The Ego Defense Mechanisms

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 The defense mechanisms are the unconscious techniques used to prevent
a person’s self image from being damaged. When stress becomes quite strong,
an individual strives to protect his self-esteem, avoiding defeat. We all use ego
defense mechanisms to protect us from anxiety and maintain our feeling of
personal worth. We consider them normal adjustive reactions when they are use
to excess and threaten self-integrity (Bernstein, et al, 1991). Example: Denial of
Reality – protection of oneself from unpleasant reality by refusal to perceive or
face it. Simply by avoiding something that is unpleasant. Fantasy – the
gratification of frustration desires in imaginary achievement. Paying attention not
to what is going on around him but rather to what is taking place in his thoughts.

Perspective on the Causes of Criminal Behavior

1. Anxiety (Psychological Perspective) – stressful situations that when

become extreme may result to maladaptive behavior.
2. Faulty Learning (Behavior Perspective) – the failure to learn the
necessary adaptive behavior due to wrongful development. This usually
result to delinquent behavior based on the failure to learn the necessary
social values and norms.
3. Blocked of Distorted Personal Growth (Humanistic Perspective) -
presumably, human nature tends towards cooperation and constructive
activities, however, if we show aggression, cruelty or other violent
behavior, the result will be an unfavorable environment.
4. Unsatisfactory interpersonal relationship - self concept in early
childhood by over critical parents or by rigid socialization measures
usually causes deviant behaviors among individuals because they are not
contented and even unhappy among individuals because they are not
contented and even unhappy to the kind of social dealings they are facing.
5. Pathological social conditions – poverty, social discrimination, and
destructive violence always results to deviant behavior.

PATTERNS OF CRIMINAL BEHAVIOR

NEUROTIC OR PSYCHONEUROTIC PATTERNS - are groups of mild

functional personality disorders in which there is no gross personality
disorganization, the individual does not lose contact with reality, and
hospitalization is not required.

Anxiety Disorders - Anxiety disorders are commonly known as “neurotic

fear”. When it is occasional but intense, it is called “panic”. When it is mild but
continuous, it is called “worry” which is usually accompanied by physiological
symptoms such as sustained muscular tension, increased blood pressure,
insomnia, etc. They are considered as the central feature of all neurotic patterns.
These disorders are characterized by mild depressions, fear and tensions, and
mild stresses.

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 1. Obsessive-compulsive disorders - Obsessions usually centered on fear
that one will submit to an uncontrollable impulse to do something wrong.
Compulsion on the other hand resulted from repetitive acts (Wicks, 1974).
An obsessive-compulsive disorder is characterized by the following: When
an individual is compelled to think about something that he do not want to
think about or carry some actions against his will, and the experience of
persistent thoughts that we cannot seem to get out of our minds such as
thoughts about haunting situations.
2. Asthenic Disorders (Neurasthenia) - An anxiety disorder characterized
by chronic mental and physical fatigue and various aches and pains.
Symptoms include spending too much sleep to avoid fatigue but to no
avail, even feel worse upon awake, headaches, indigestion, back pains,
and dizziness.
3. Phobic Disorders - These refer to the persistent fear on some objects or
situation that present no actual danger to the person. Examples of Phobia:
Acrophobia - fear of high places

Somatoform Disorders - Complaints of bodily symptoms that suggest the

presence of physical problem but no organic basis can be found. The individual
is pre-occupied with his state of health or diseases.

1. Hypochondriasis - This refers to the excessive concern about

state of health or physical condition (multiplicity about illness)
2. Psychogenic Pain Disorder - It is characterized by the report of
severe and lasting pain. Either no physical basis is apparent reaction
greatly in excess of what would be expected from the physical
abnormality.
3. Conversion Disorders (Hysteria) - It is a neurotic pattern in which
symptoms of some physical malfunction or loss of control without any
underlying organic abnormality.

Dissociative Disorders - A response to obvious stress characterized by

amnesia, multiple personality, and depersonalization.

1. Amnesia - The partial or total inability to recall or identify past experiences

following a traumatic incident. Brain pathology amnesia – total loss of
memory and it cannot be retrieved by simple means. It requires long
period of medication. Psychogenic amnesia – failure to recall stored
information and still they are beneath the level of consciousness but
“forgotten material.”
2. Multiple Personality - It is also called “dual personalities.” The reason
manifests two or more symptoms of personality usually dramatically
different.
3. Depersonalization - The loss of sense of self or the so-called out of body
experience. There is a feeling of detachment from one’s mental processes

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 or body or being in a dream state. Cases of somnambulism (sleep
walking) may fall under this disorder.

Mood Disorders (Affective Disorders) - often referred to as affective

disorders however the critical pathology in these disorders is one of mood which
is the internal state of a person, and not of affect, the external expression of
emotional content (Manual of Mental Disorder).

1. Depressive Disorders (Major Depressive Disorder) – Patients with

depressed mood have a loss of energy and interest, feeling of guilt,
difficulty in concentrating, loss of appetite, and thoughts of death or
suicide, they are not affected with manic episodes.
2. Dysthymic Disorder – a mild form of major depressive disorder
3. Bipolar Disorders - those experienced by patients with both manic
and depressive episodes.
4. Cyclothymic Disorder – a less severe form of bipolar disorder

PSYCHOPATHIC PATTERNS - group of abnormal behaviors, which typically

stemmed from immature and distorted personality development, resulting in
persistent maladaptive ways of perceiving and thinking. They are generally
called “personality or character disorders”. These groups of disorders are
composed of the following:

Personality Disorders - The disorders of character, the person is

characterized as a “problematic” without psychoses. This disorder is
characterized disrupted personal relationship, dependent or passive aggressive
behavior.

 Paranoid Personality Disorder - It is characterized by suspicious,

rigidity, envy, hypersensitivity, excessive self-importance,
argumentativeness and tendency to blame others of one’s own mistakes.
 Schizoid Personality Disorder - This is characterized by the inability to
form social relationship and lack of interest in doing so. The person seem
to express their feelings, they lack social skills. They are the so-called
“loners”.
 Schizotypal Personality Disorder - It is characterized by seclusiveness,
over sensitivity, avoidance of communication and superstitious thinking is
common.
 Histrionic Personality Disorder - It is characterized by immaturity,
excitability, emotional instability and self-dramatization.
 Narcissistic Personality Disorder - It is characterized by an exaggerated
sense of self-importance and pre-occupation with receiving attention. The
person usually expects and demands special treatment from others and
disregarding the rights and feeling of others.
 Borderline Personality Disorder - It is characterized by instability
reflected in drastic mood shifts and behavior problems. The person usually

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 displays intense anger outburst with little provocation and he is impulsive,
unpredictable, and periodically unstable.
 Avoidant Personality Disorder - It is characterized by hypersensitivity to
rejection and apprehensive alertness to any sign of social derogation.
Person is reluctant to enter into social interaction.
 Dependent Personality Disorder - It is characterized by extreme
dependence on other people – there is acute discomfort and even panic to
be alone. The person lacks confidence and feels helpless.
 Passive-Aggressive Personality Disorder - It is characterized by being
hostile expressed in indirect and non-violent ways. They are so called
“stubborn”.
 Compulsive Personality Disorder - It is characterized by excessive
concern with rules, order, and efficiency that everyone does things their
way and an ability to express warm feeling. The person is over
conscientious, serious, and with difficulty in doing things for relaxation.
 Anti-social Personality Disorder - It is characterized by continuing
violation of the rights of others through aggressive, anti-social behavior
with out remorse or loyalty to anyone.

PSYCHOTIC PATTERNS - are group of disorders involving gross structural

defects in the brain tissue, severe disorientation of the mind thus it involves loss
of contact with reality.

Organic Mental Disorders - A diagnosis of organic mental disorder is

associated with a specific, identified organic cause, such as abnormalities of the
brain structure. These are mental disorder that occurs when the normal brain has
been damage resulted from any interference of the functioning of the brain.

1. Acute brain disorder – caused by a diffuse impairment of the

brain function. Its symptoms range from mild mood changes to acute
delirium.
2. Chronic brain disorder – the brain disorder that result from
injuries, diseases, drugs, and a variety of other conditions. Its symptoms
includes impairment of orientation (time, place and person), impairment of
memory, learning, comprehension and judgement, emotion and self-
control.

Groups of Organic Mental Disorders

1. Delirium – the severe impairment of information processing in the

brain affecting the basic process of attention, perception, memory and
thinking.
2. Dementia – deterioration in intellectual functioning after completing
brain maturation. The defect in the process of acquiring knowledge or skill,
problem solving, and judgement.

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 3. Amnestic Syndrome – the inability to remember on going events
more than a few minutes after they have taken place.
4. Hallucinosis – the persistent occurrence of hallucinations, the
false perception that arise in full wakefulness state. This includes
hallucinations on visual and hearing or both.
5. Organic Delusional Syndrome – the false belief arising in a
setting of known or suspected brain damage.
6. Organic Affective Syndrome – the extreme/severe manic or
depressive state with the impairment of the cerebral function.
7. Organic Personality Syndrome – the general personality changes
following brain damage.
8. General Paresis – also called “dimentia paralytica”, a syphilitic
infection o f the brain and involving impairment of the CNS.

Disorders Involving Brain Tumor - A tumor is a new growth involving

abnormal enlargement of body tissue. Brain tumor can cause a variety of
personality alterations, and it may lead to any neurotic behavior and
consequently psychotic behavior.

Disorders Involving Head Injury - Injury to the head as a result of falls,

blows and accidents causing sensory and motor disorders.

Senile and Presenile Dementia

Mental retardation - Metal retardation is a mental disorder characterized

by sub-average general functioning existing concurrency with deficits in adaptive
behavior. It is a common mental disorder before the age of 18. The person is
suffering from low I.Q., difficulty in focusing attention and deficiency in fast
learning.

Schizophrenia and Paranoia - Schizophrenia – refers to the group of

psychotic disorders characterized by gross distortions of realty, withdrawal of
social interaction, disorganization and fragmentation of perception, thoughts and
emotion. It also refers to terms such as “mental deterioration”, “dementia
praecox”, or “split mind”. Paranoia – it is a psychosis characterized by a
systemized delusional system. A delusion is a firm belief opposed to reality but
maintained in spite of strong evidence to the contrary. It is also a psychosis
characterized by delusion of apprehension following a failure or frustration.

ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive substance-use

disorders such as alcoholism affects millions of people. Addiction and
psychological dependence on these substances create disastrous personal and
social problems (Bernstein, 1991).

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 SEXUAL DYSFUCNTIONAL PATTERNS - Sexual deviations to the
impairment to either the desire for sexual gratification or in the ability to achieve it
(Coleman, 1980).

Those Affecting Males

1. Erectile Insufficiency (Impotency) – it is a sexual disorder characterized by

the inability to achieve or maintain erection for successful intercourse.
2. Pre-mature Ejaculation – it is the unsatisfactory brief period of sexual
stimulation that result to the failure of the female partner to achieve
satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during intercourse –
resulting to worry between partners.

Those Affecting Women

1. Arousal Insufficiency (Frigidity) – a sexual disorder characterized by partial

or complete failure to attain the lubrication or swelling response of sexual
excitement by the female partner.
2. Orgasmic Dysfunction – a sexual disorder characterized by the difficulty in
achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the entrance to the
vagina that prevent penetration of the male sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts in women.

Sexual Behaviors leading to Sex Crimes

As to Sexual Reversals

 Homosexuality – it is a sexual behavior directed towards the same sex. It

is also called “lesbianism/tribadism” for female relationship.
 Transvestism – refers to the achievement of sexual excitation by dressing
as a member of the opposite sex such a man who wears female apparel.
 Fetishism – sexual gratification is obtained by looking at some body parts,
underwear of the opposite sex or other objects associated with the
opposite sex.

As to the Choice of Partner

 Pedophilia – a sexual perversion where a person has the compulsive

desire to have sexual intercourse with a child of either sex.
 Bestiality – the sexual gratification is attained by having sexual intercourse
with animals
 Auto-sexual (self-gratification/masturbation) – it is also called “self abuse”,
sexual satisfaction is carried out without the cooperation of another.
 Gerontophilia – is a sexual desire with an elder person.

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  Necrophilia – an erotic desire or actual intercourse with a corpse
 Incest – a sexual relation between person who, by reason of blood
relationship cannot legally marry.

As to Sexual Urge

 Satyriasis – an excessive (sexual urge) desire of men to have sexual

intercourse
 Nymphomania – a strong sexual feeling of women with an excessive
sexual urge.

As Mode of Sexual Expression

 Oralism – it is the use of mouth or the tongue as a way of sexual

satisfaction.
a. Fellatio – male sex organ to the mouth of the women coupled with
the act of sucking that initiates orgasm.
b. Cunnilingus – sexual gratification is attained by licking the external
female genitalia.
c. Anilism (anillingus) – licking the anus of the sexual partner

 Sado-Masochism (Algolagnia) – pain/cruelty for sexual gratification.

Sadism – achievement of sexual stimulation and gratification through the

infliction of physical pain on the sexual partner. It may also be associated
with animals or objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual pleasure.

As to Part of the Body

 Sodomy – is a sexual act through the anus of the sexual partner.

 Uranism – sexual gratification is attained through fingering, holding the
breast of licking parts of the body.
 Frottage – the act of rubbing the sex organ against body parts of another
person.
 Partailism – it refers to the sexual libido on any part of the body of a
sexual partner.

As to visual stimulus

 Voyeurism – the person is commonly called “the peeping Tom”, an

achievement of sexual pleasures through clandestine peeping such as
peeping to dressing room, couples room, toilets, etc. and frequently the
person masturbate during the peeping activity.
 Scoptophilia – the intentional act of watching people undress or during
sexual intimacies.

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 As to Number of Participants in the Sexual Act

 Troilism – three persons participate in sex orgy such as two women

versus on man or vice versa.
 Pluralism – group of persons in sexual orgies such as couple to couple
sexual relations. It is also called “sexual festival”.

Other Sexual Abnormalities

 Exhibitionism – it is called “indecent exposure”, intentional exposure of

genitals to members of the opposite sex under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve sexual satisfaction.
 Don Juanism – the act of seducing women as a career with out
permanency of sexual partner or companion.

CRISIS MANAGEMENT

CONCEPTS OF CRISIS AND EMERGENCY

CRISIS is a period of disorganization, period of upset during which people

attempts at arriving at solution of problems. It is a crucial or decisive point or
situation; a turning point; an unstable condition, as in political, social, or
economic. It is a state provokes when a person faces obstacles or hazards to an
important life goal. The term Crisis is derived from the Greek word “krisis”
which means to separate; a turning point decision in a process of an affair or a
series of events.

EMERGENCY – is derived from the Latin word “emergencia” which

means dipping/plugging. A sudden condition or a state of affairs calling for an
immediate action.

TYPES OF CRISIS

MAN-MADE CRISIS - civil disturbances - strike, riot, demonstration -

revolt such as mutiny and insurrection - revolution, border incident - war:
conventional or nuclear – crimes: kidnapping, hijacking, hostage-taking, etc

NATURAL CRISIS - fire, floods, earthquake, tidal waves - marine/air

disaster, hazardous spills, power failure, nuclear accidents - water/food
shortage/scarcity, drought - volcanic eruption, epidemic, etc.

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 INDIVIDUAL CRISIS – It refers to the feeling that arises when a person
faces unpleasant situation such as frustrations and conflicts. This includes:

1. Physical Crisis – those that are related to health problems or bodily

sickness/sufferings.
2. Economics Crisis – the deprivation of the basic necessities of life like
food and material things.
3. Emotional Crisis – when an individual is affected by negative feelings
like emotional disturbances, fear, etc.
4. Social Crisis – the experiencing lack of interest, confidence and social
skills to relate meaningful, harmonious relationship with others.
5. Moral Crisis – the person has an irrational or distorted concepts of
what is right or wrong, lack of moral values and integrity of the person.
6. Psychosexual Crisis – failure of the person to assume ones sex role
and identity as a man or woman. The person has an inappropriate sex
objective, inadequate and distorted expression of affection.

CRISIS MANAGEMENT defined

Crisis management is the proper utilization of all available resources and

the formulation of policies and procedures to effectively deal with progressive
sequence of events (crisis) and sudden or unforeseen state (emergency).

PURPOSES OF CRISIS MANAGEMENT

1. It sets concepts, policies and general procedures of handling crisis

situation.
2. It guides and assist law enforcers in the formulation of crisis management
contingency plans and SOP’s to address crisis situations.

THE CRISIS MANAGEMENT DOCTRINE

This doctrine specifically addresses crisis situations arising out of the

action of mentally deranged individuals, criminals or terrorist elements that use
violence or threat to pursue their needs. Crisis envisioned to be covered under
this doctrine include among others, hostage taking, sea jacking, hijacking,
occupation of vital installation, ambush and arson, with the use of violence or
threat followed by blackmail, demands for ransom, safe-control, publicity and the
like.

The crisis may start as basically police or special unit matter, but could
develop in proportion and dimension requiring further military operations. This
doctrine also will not address crisis when the purview and jurisdiction of the
National Disaster Coordinating Council (NDCC), Peace and order council, the
Cabinet Crisis Committee or the National Security Council (NSC) and other
national committee which could be military, economic, political, social or

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combination thereof, in nature. The general idea is to prevent the occurrence of a
crisis, ensure a probability of success in minimizing or neutralizing the
perpetrator or to return the situation into normalcy.

NATIONAL POLICY

The Philippines subscribed to all international conventions and initiatives

against terrorism and will participate in all endeavors designed to strengthen
international cooperation in order to prevent and neutralize terrorist acts.

PNP/AFP POLICY
The PNP/AFP shall be guided by the national policy on terrorism and will
strictly implement it. The use of peaceful means shall always be employed. The
AFP will not compromise nor make concessions to terrorist even if involves the
personnel or property. The AFP will act promptly, decisively and effectively,
choosing from the whole range of military actions appropriate to the
circumstances.

PHASES OF CRISIS MANAGEMENT

PRO-ACTIVE PHASES – is the stage of advance planning, organization

and coordination and control in response to an anticipated future crisis
occurrence. This phase is designed to predict or prevent probability or
occurrence of the crisis while at the same time prepares to handle them when
they occur.

1. PREDICTION - The first stage of anticipating future crisis

occurrences through the following;

 Update- Intelligence – involves the collection of information

from variety of sources as basis of actions and plan; those that
are related to crisis management contingency planning.
 Events – are those incidents that are already passed which can
facilitate analysis necessary for identification of probable threat
groups, targets and necessary for advance planning.
 Threat Analysis of Threat Groups

a. Political Terrorist – ideologically inspire individuals who

grouped together for a common purpose usually for
change of government or political power. Ex. CPP/NPA,
SPT’s, etc.
b. Criminals – these are people who commit terrorist acts
for personal rather than ideological gains. Some of the
terrorist acts such as kidnapping are well planned, other
are not planned, but happens as a result of the fast

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 response time by LEAs to an on going crime. For
instance, a number of bank robberies have evolved into
unplanned hostage situation when policemen arrive in
response to an alarm robbery is in progress.
c. Mentally Deranged Individuals – people commit
terroristic acts during a period of psychiatric disturbance.
This type is the most difficult terrorist to deal with. Many
of them are impulsive and unpredictable.

2. PREVENTION - This pro-active phase considers counter measures

as part of the total system of operation. Such counter measures
involves the following;

 Operation Security – a counter intelligence measure where all

aspect of awareness and training must be considered to prevent
threat groups from learning the units plans methods of
operations. It also refers to measures taken in conducting
operations or activities in secure and effective manner.

 Personal Security – it considers that all personnel are

susceptible to terrorist attack so the is a need for securing them.
All security measures designed to prevent unsuitable individuals
of DOUGHTFUL LOYALTY from gaining access to classified
matters or security facilities.

Considerations of Personnel Threat Assessment

1. Rank and Risk – higher ranking personnel have great risk level. In
high-risk areas, secure high ranking officers because they may be
selected as terrorist targets by special knowledge they possess.

2. Threat Level (Potential Threats)

a. Primary targets are high-ranking military or police officers,

government officials, foreign ministries, other VIPs and persons
possessing sensitive information.
b. Secondary targets – those selected as alternative terrorist targets
to gain publicity.
c. Randomly selected targets – Military or police personnel who are
not off duty or engage in private activities and become targets of
opportunity.

Stages in preparation of Personnel Security Program

1. Planning – threat analysis and assessment of available personnel

security resources.

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 2. Personal security education procedures are adopted.
3. Awareness – periodic briefing, public info drive, printed materials.
4. Education – education on terrorist tactics, sparrow opens and the like.
5. Physical Security – encompasses protection of info, material and
people including perimeter installation. A system of barrier placed
between the potential intruder and the material to be protected.

3. PREPARATION - this pro-active phase involves organizing training

and equipment personnel of the organization. In general, military
commanders and officers of the PNP must organize, train and
equip special reaction, security and negotiation elements and
provide their immediate activation when the need arises.

National Level Organization

NCCM – National Committee on Crisis Management - Serves as the

umbrella organization for crisis management. The primary concern is the
formulation of crisis management policies, integration of mil/pol to public efforts
towards the prevention and control of crisis. It is composed by:

1. PAFSECOM – Philippine Air Force Security Command

2. PNSWG – Philippine Navy Special Welfare Group
3. PASAG – Philippine Army Special Action Group
4. PNPSAG – Philippine National Police Special Action Group

RCAG – Regional Crisis Action Group

RCMOC – Regional Crisis Management Operation Center - the point of all
communications from the OSCP
OSCP – On-Scene Command Post

The OSCP shall establish with in the crisis incident site. It is a post or unit
with in a probable target to be headed by an on-scene commander (OSC) whose
responsibility is to take charge of every happening of a crisis incident scene.

Composition of the OSCP

TACTICAL UNIT – composed of regular military or police placed under

the operational command of the OSC.

1. Reaction Element – Special action unit which are specially organized,

equipped and deployed in the region to hold special operation in cases of
crisis incident.
2. Security Element – military or police personnel task to protect the area of
perimeter security to prevent occurrence of unnecessary incidents.

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 SUPPORT UNIT – It is a unit that provides the necessary administrative,
operational and logistic support of the OSC.

1. Intelligence Team – responsible for the collection and processing of all

information needed by the OSC.
2. Communication Team – responsible for insuring effective communication
between OSC and other units or sub-units.
3. Logistic Team – responsible for ensuring mess services, supplies
(clothing, equipment, transportation) and other logistic services.
4. Medical Team – responsible for all medical supplies and services in cases
of crisis incidents.
5. Fire Fighting Team – responsible for all services related to extinguishing
fires intentionally set by perpetrators or during the result of operations.
6. Administrative Personnel – personnel assigned to OSC to keep written
records of events, in coming or outgoing communications.
7. Legal/Investigation Team – services of investigation, preservation of
evidence, documents and legal advice to the OSC.

NEGOTIATION UNIT – It is headed by a chief negotiator and composed

of two or more members. Their primary concern is to serve first life, prevent
destruction and pave the way for a peaceful resolution of crisis situations.

THE REACTIVE PHASE

When a crisis occur despite the pro-active effort, the organization

concerned must be prepare to perform the crisis management in accordance with
their plan.

PERFORMANCE - It is the action stage, the implementation of the crisis

management contingency plan.

1. The Initial Action – the stage taken by the Initial Action Unit, which is
composed of police and military personnel immediately organized into
team to initially respond to take incident and begin the containment effort.
They are responsible for:
 maintain control of the situation
 report the matter to the RCAG through channels
 secure the scene by establishing perimeter security
 evacuate by standers if possible
 prevent escape of perpetrator
 take maximum control

2. The Action Stage - The action stage starts as soon as the tactical,
support unit and the negotiation unit arrived and are deployed. The OSC

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 discusses the incident with his commander and staff and decides on the
plans and actions to be taken.

 Negotiation – chief negotiator undertakes negotiation as soon as he

has been properly briefed and received appropriate instruction from
the OSC. He shall keep the OSCP informed of the progress of
negotiations and shall take instructions only from the OSC. No
further negotiation shall be under take when the tactical unit
commander initiates tactical operations.

 Tactical Action – the tactical commander makes a complete

estimate of the crisis situation and plans his courses of action upon
arrival at the scene while negotiation is in progress. He shall
maintain and continuous contact with the OSCP. He shall take over
authority on reaction element through out the tactical operations.
He shall take instructions only from the OSC and coordinate all
support requirements with the OSCP.

3. The Post Action Stage - This stage begin as soon as the perpetrator
surrendered, captured or neutralized. OSC shall ensure that the following
are accomplished:
 Protection of the incident scene
 Investigation of the incident preservation of evidence
 Documentation
 SS – witnesses, hostage, perpetrators and other key participants of
the incident.
 Recovered, documented, preserve evidences
 Pictorials, written reports
 Filing and prosecution of cases
 Damage Compensation and rehabilitation

He also initiates recommendation for the compensation and provide

assistance to civilian killed and injured during tactical operations. He initiates
recommendation for the rehabilitation, construction of damage or essential
infrastructures.

Training and re-training of unit personnel special units and negotiators

shall continue with their training to improve their proficiency and enhance their
readiness.

CONCERNS OF CRISIS MANAGEMENT

TERRORISM

Terrorism is …

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  a threat or actual use of force or violence for political or other purpose,
to foster fear, insecurity, distrust, and unrest among a specific group or
the general population.
 “Violence for effect… not primarily, and sometimes not all for the
physical effect on the actual target, but rather for its dramatic impact on
an audience.”
 “The calculated use of violence or the threat of violence t attain goals,
often political or ideological in nature”.
 “ Is violent criminal behavior designed to generate fear in the
community, or a substantial segment of it, for political purposes.

Classification of Terrorist

1. National Terrorist - A terrorist who operates and aspires to political

power primarily within a single nation.
2. Transnational Terrorist - This is a terrorist who operates across national
boarders, whose actions and political aspirations may affect individual of
more than one nationality.
3. International Terrorists - A terrorists who is controlled by, and whose
actions represent the national interest of a sovereign state.

MOTIVATION AND GROUP CLASSIFICATION

What causes a rational thinking human being to terrorize society?

Assuming that the terrorists think rationally ( and most of them possess a high
degree of rationality ), we must look to the terrorists motives if we are to
understand them, to think like them, and to ultimately them.

1. Minority Nationalistic Groups - groups fighting the majority of the

community where the support base will depend one ethnic, religion,
linguistic minorities at odd with the majority community.

2. Marxist Revolutionary Groups – here, the terrorists’ movement is

characterized by its possession of a coherent Marxist ideology and of a
long-term strategy for bringing about the socialistic revolution.

3. Anarchist Group - True Anarchist are difficult to find since true anarchy
brings lawlessness and disorder, which is not a natural state in which the
human race exists.

4. Pathological Groups – problematic individuals who are grouped together

for some terrorist activities for emotional satisfaction.

TERRORISTS PROFILE (based on commonalties of international terrorists)

1. under 30 years of age

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 2. action oriented - some are college educated
3. from affluent/middle-class
4. often trained in medical, legal, engineering, teaching professions
5. terrorism rarely full-time occupation
6. inward assurance of strength
7. paradoxically, basically lonely
8. believes he/she to be morally superior and in own mind is right
9. indifferent to suffering of his immediate victims
10. looks to colleagues for acceptance
11. wants respect from victims
12. willing to sacrifice self
13. seek publicity
14. believes violence is morally justified to support cause

Nature of Political Terrorist

1. It is a part of revolutionary strategy.

2. Manifest in acts on socially unacceptable means.
3. Symbolic target selection.
4. Creates psychological effects on population to change behavior attitude.
5. It forces the government to take drastic measures.
6. Combines political and criminal terroristic tactics.

Aims of Political Terrorist

1. Influence, discredit and destroy present system.

2. To break down social structures.
3. Erode trust in established government.
4. Foster insecurity and fears.
5. Shows that the government is incapable of protecting the people.
6. Forces the government to overreact to use excessive measures or force.
7. Destroy property.
8. Disrupt law and order
9. Propaganda
10. Create a ripe climate to revolution.

Common Characteristics of Terrorist

1. Promote fear
2. Main objective is publicity
3. Highly mobile
4. Fatalist – they can create destruction affecting the whole nation.
5. Undercover operations
6. Small groups mean security efficiency
Immediate Goals of Terrorist

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 1. Local, national, worldwide recognition for a cause.
2. They cause government reactions.
3. Harass, weaken, embarrass government and government forces.
4. Demonstrate power and threat credibility.
5. Obtain money and equipment.
6. Destruction of communication.
7. Prevent and delay executive decisions.
8. Cause strikes or prevent elections, free or prevent elections.
9. Satisfy vengeance.

Long Range Goals of Terrorist

1. Cause drastic changes in the government.

2. Turn the system favorable to their side.
3. Gain political recognition as a legal body representing an ethnic or
national group.

Cooperation among Terrorist

1. Sharing resources (logistic support)

2. Sharing expertise.
3. Sharing safe havens.
4. Participating in joint operations.

Organization of Terrorist Groups

The way terrorist group organized is determined by it’s the need of

security and the number of people in the group.

1. Larger Groups – less secured

2. Small Groups – high degree of security but limited to operational
capabilities.

As to group size, the large group can only succeed over a longer term in
a week political environment.
As to group security, government forces attempt to destroy terrorist
group or keep them in defensive position to discourage them from mobilizing new
to be extremely covert.

Terrorist Operation

1. Covert and well executed.

2. Carried out by specially well-trained and organized clandestine elements.
3. Weapons – basic arms and explosives but continue to seek advance
weaponry.

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 4. Training – they are trained on subversion, weaponry, negotiation practices
and espionage.
5. Members of clandestine elements are of above average intelligence.

Methods of Operations

1. They operate in small bands

2. They carry light automatic weapons, grenades, basic explosives,
ammunitions and communication equipment.
3. They mask their activities with the local populace.
4. Team includes assaults and security elements.
5. Leaders serve as negotiators.
6. They watch out for counter intelligence measures of the government
forces.
7. In hostage taking, hostages are usually separated in safe houses to
prevent communications and escape, planning, and intelligence gathering.
Sequence of Terrorist Action

1. Pre-incident phase – reconnaissance mission, Rehearsal

 Often reconnaissance team, planners, perpetrators do not meet.
 Communication are through intermediaries or by message drop.

2. Initiative Phase – moves to their target covertly.

 they use false names, ID, passports
 they use separate routes
 weapons and other items are separately to pre-arrange locations

3. Negotiation/Climax Phases
 they use negotiation to gain publicity.
 Negotiation- often requires inter-government negotiations at the
highest level.
 When government failed to give demands, they initiate more terror

4. Post incident Phase

 they learn from their failures and success
 terrorist re-groups, criticize and give critique about the operation.

TERRORIST TACTICS

BOMBING

Delivery to target is done through:

1. Vehicle Bomb-booby traps with attached devices

2. Laid Charges-bomb plates

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 3. Projected bombs-launched from riffles by a mortal device
4. Postal/mail bombs

Activation means:

1. Command activation by leads, pull wire or mechanism

2. Action by the subject/top pressure device, light sense
electric switch
3. Time delay clock/burning chemical delay

ARSON - This is use to destroy or to disrupt public utilities, political HQs

and industrial facilities.

HIJACKING - Hijacking and skyjacking are commonly used by terrorists.

The hijack supply, ammunitions, fuel cargoes, and vehicles to provide them to
gain entry to a close military area, skyjacking of commercial aircraft to gain
publicity or to ask demands.

ASSASSINATION - The oldest but the commonly used terrorist tactic

where targets are often police or military officials or political features and they
always claim responsibility of assassination.

AMBUSH - This is a well-planned, well thought-out, properly rehearsed

and precisely
executed operation. The terrorist has time on his side and will spend
considerable time preparing for an operation. Terrorist have an advantage in that
they can choose the time and place of operation.

KIDNAPPING - Kidnapping for ransoms is the most common form of this

tactic. The victim is normally confined in a secret hideout and kidnappers make
material demands.

HOSTAGE TAKING - The hostage-taker confronts the authorities and

openly holds the victims for ransom. His demands are more than just material in
nature. Political concessions are the frequency demanded in exchange for the
hostage lives.

ROBBERIES/EXTORTIONS - Terrorist operations are expensive. To help

finance their activities, terrorists rob banks and armored vehicles carrying large
sums of cash. Bank robberies are also used as graduation exercises for terrorist
training programs and viewed as a tactical operation. The conduct
reconnaissance, plan escape routes and operates in the high degree of efficiency

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and the progressive taxation scheme of the CPAA/NPA is a form of extortion
through coercion or use of force against the victim or his property.

TERRORIST TARGETS

1. MILITARY/POLICE
 command and control facilities
 logistic/storage facilities
 computer facilities
 explosives, sensitive weapons, arms and ammunition depots

2. ENGINEERING AND ENERGY SYSTEM

 hydroelectric plants
 offshore oil rigs
 nuclear facility sites
 gas pipelines
 dams and electric power lines

3. COMMUNICATION AND SUPPLIES

1. communication lines and facilities
2. chemical storage sites
3. dock facilities
4. equipment warehouse
5. computer facilities

4. TRANSPORTATION
 rail lines and cars
 bus depots
 airports and aircraft
 trucking and facilities
 shipyards and ships
 mainland routes and bridge

5. HUMAN
 members of the diplomatic crops
 government officials
 corporate executives
 police and military forces
 dependents/close relatives of the above

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 6. VULNERABILITIES - Vulnerabilities are the
weaknesses the installation security and high risk targets with in such
installation. These vulnerabilities are normally identified through security
surveys and inspections conducted periodically or on the spot intelligence
and security units staffs.

The analysis of the threat to certain installation is based on information

with both static and dynamic dimensions.

 STATIC DIMENSIONS – terrain, nationality of

population, major industry in the area, location of installation, mission
of the installation
 DYNAMIC DIMENSIONS - assignment of personnel,
security measures used relations with civilian security, demonstrations
within post location
 DYNAMIC DIMENTIONS THAT ARE HARDLY
CONTROLLABLE – weather, activities of hostile groups, economic
conditions, local law enforcement, off post demonstrations

The vulnerability of installations can be determined to some extent through

the consideration of the following factors:

 Installation characteristics and its attractiveness as a

target for the terrorist acts.
 status of training personnel
 availability of communications
 non-military law enforcement resources
 time and distance from military installation able to
lend assistance
 geographic region
 proximity to foreign borders
 access to installation
 terrain

HOSTAGE SITUATION

This is termed as crisis by the law enforcement officers and behavioral

professionals. This situation exist when one or more individuals are held captive
by other person or persons against their will for purposes of demanding material
things or due to behavioral maladies. Criminal type hostage takers may direct
their demand towards the government or to other private individuals. Mentally or
emotionally disturbed may take hostages out of nothing or due to uncontrollable
forces.

In dealing with hostage situations, the priorities are to 1) preserve lives, 2)

apprehend the captors, and 3) recover or protect properties. Negotiators should

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be prepared for this kind of situation since it will take them a long period of time
to contain the situation. According to experts, a hostage taking may last for an
hour to more than forty hours. Hostage takers and hostages and even the
negotiators become tired and stressed out of the long period of crisis
intervention. Hostages become impatient waiting for their safe release or rescue.
With this, there is a great possibility of the birth of the Stockholm’s Syndrome.
This is characterized by transference of attention between the captors and
captives. The hostage towards his captors may generate positive feelings.

Negotiators can have enough time to contain and isolate the scene. The
initial state of high emotion is given time to subside and rational thinking to
return. The lives of the hostages become more secure as the holder realizes the
value of their continued safety; and fatigue will set in and alertness will fade.

It was research by experts that passage of time is in favor of the hostages

and to the negotiators. In the first hour of the situation, the hostage taker is at
rage and tension is at peak. As time passes mental, emotional and physical
fatigue will be increased and will operate against the hostage taker. As this
happen, the above-enumerated benefits of slowing time operate.

STAGES OF A HOSTAGE SITUATION

Alarm Stage - This stage is the most traumatic and dangerous. In the
alarm stage, the emotion of the hostage taker is exceedingly in its highest peak,
his rationalization and proper thinking is low, He may be extremely aggressive in
his reaction to any perceived threat. E.g. escape of hostages, tactical assault,
trickery etc.

In order for the perpetrator gain cooperation from the hostages, he usually
terrorizes the hostages into submission. At this stage he may also inclined to
inflict physical harm or even kill anyone who interferes with their attempts.
(Strentz, 1984, p. 190). The same is the situation in the part of the hostages.
Since no one knows when or does not want that they will be held hostages. This
is considered as a traumatic stage as they fear much for their lives. From a
peaceful situation, turns into a life and death situation ticking every minute and
the lives of the hostages depend on the hand of the hostage taker. (Herman,
1995, p. 92). A person taken as hostage becomes impatient, denial of reality sets
in them, particularly when those they expect to help seem to be doing nothing. In
order to cope immediately with this agitated feeling, one must put into place a will
to survive since panic may cause over reaction in the part of the hostage taker
and diminishes the chances of survival. It is also important that hostages should
disregard any notion of being a hero. (Strentz, 1984, p. 196)

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 Crisis Stage - In this stage, when negotiation attempts are being initiated
by the crisis negotiator. Outrageous demands and unpredictable emotion is
marked or commonly noted in the hostage taker. There is still a great deal of
danger since hostage takers try to consolidate their positions. To do these, they
try to move their hostages to a safer ground area. On the part of the captive, this
is the most critical because this stage may predict the remainder of the situation.
Chances of survival may be enhanced or reduced during this stage through the
hostage –hostage taker interaction. It is advisable that hostages must control
their fear as it increases unpredictable outburst of anger and violence on the
captor. The hostage taker may inconsistently enforce numerous demands and
petty rules and this may result to unsuccessful negotiation. In addition, the
perpetrator seeks to destroy the victim’s sense of autonomy by depriving him of
his basic needs.

At this stage hostages may start to feel three (3) problems: 1) Isolation, 2)
Claustrophobia, and 3) Sense of time. Sense of time becomes important on
hostages who are hoping for rescue. This situation may also in favor of the
hostage taker as they earn compliance from their captives.

Accommodation Stage - This is distinguished by boredom, and with

moments of terror. Though is considered as the longest yet is the most tranquil.
In the crisis stage, and even in the alarm stage, hostages are considering escape
options but in the accommodation stage, their initiative and planning are
narrowed since captors has increased control over them. The hostages’ sense of
life preserving has increased and even tries to obey the orders. Stockholm’s
syndrome will likely to occur between the captors and the victims. One looks into
this phenomenon in the negative that one must say that cooperation of hostages
to the negotiator is constricted.

In the right manner, the hostages in good effect can make use of this
phenomenon. It lessens tension and openness is generated. It is advisable that
hostages must avoid political discussions as it accentuates differences with
captors and hostages. (Miron and Goldstein)

Resolution Stage - This is the stage when the hostage taker is being
stressed out or fatigued of the situation. He is seemingly losing interest of the
situation and lost most of his bargaining points. Tension between the hostages,
hostage taker and the crisis negotiator is notably low. It should be regarded also
that the crisis intervention techniques of the negotiation team have increased. In
this stage, reactions of the hostages are mixed either blaming their captors or
may become hostile and uncooperative to their rescuers and even accusing them
to be the responsible for the whole situation. They might even appraise their
captors for taking care (saving) their lives though their captors placed them into a
hell experience.

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 Released victims become paranoid and often experience post trauma
attacks after liberation. These may even last for a long period of time. Such
experience becomes part of their lives and haunts them from time to time if not
being properly treated. They, being a paranoid, continue to monitor their captors
if taken away from them or safely put behind bars.

THE HOSTAGE TAKER

It is a must that a police officer who first arrived at the scene has the
necessary skill to determine what type or personality of the hostage taker is. This
does not mean that he must diagnose the perpetrator. In assessing the situation,
one must be able to determine and know the two kinds of behavior:

 Instrumental behavior- those

who are engaging in this kind of behavior are having goals to obtain or
to be fulfilled. Generally, hostage takers of instrumental behavior are
criminal types and intervention usually needs bargaining. E.g.
barricaded criminals, or other organized crime groups.

 Expressive behavior- This kind

of behavior is characterized by their attempt to display power. Those
who engage in this kind are emotionally disturbed individuals. E.g.
mentally insane, etc.

In many hostage situations committed, statistics reveals that most of those

involve are mentally disturbed individuals and the remaining are results of
instrumental behaviors. According to research, twenty five (25%) percent of all
hostage situations are instigated by expressive acts. With this data, it is important
that we must learn the different types of hostage takers and we will begin with the
emotional aspect.

Mentally Disturbed

This group suffers from different kinds of psychological maladies. They

may or may not in touch with reality. A mentally disturbed individual may be a
loner, act in accordance with an non existing irresistible force, or on a false belief
or a stimuli (Cooper, 1981). Symptoms may include such things as dramatic and
sudden changes of behavior, loss of memory, mistreatment of a loved one, a
sudden, impulsive act of theft, extreme depression, or anxiety that is out of
proportion to the circumstances that appear to be causing the anxiety.

The individual may talk to himself of hear voices, or he may be displaying

dangerous behavior without any apparent reason. Mentally or emotionally
disturbed individual may be in a very docile mood for a while and become
extremely violent without any apparent cause (Adams).

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 A patrol officer is usually the first person to respond to a crisis situation
before the crisis team arrives. In some instances where Crisis Management
Teams (CMT) are not available, he usually starts and event finalizes the job.
Police officers are empowered to bring the mentally and emotionally disturbed
individuals to the psychiatrist for evaluation and treatment.

Paranoid Schizophrenics

To begin with the different kinds of mental disorder, we must first

understand the different topics associated with this. Below are items of
information discussed in the book of Adams that serve as a guide to a police
officer who will respond to a hostage situation involving mentally disturbed.

Psychosis is a gross and persistent falsification of conventional reality

that leaves the person unable to manage conventional reality with any degree of
effectiveness. Psychosis has two major components.

Delusion is the faulty belief that is motivated primarily by the individual’s

needs and wishes and in fact, has no basis. Hallucination is manifested in a
visual image that is quite vivid and real to the individual who experiences it.

Paranoia is a set of fixed delusional beliefs that are accompanied by clear

and orderly thinking outside the delusion system. Paranoia manifests itself. A
paranoid has been described as “vigilant suspicious, distrustful, insecure, and
chronically anxious”. There are two types of a paranoid individual as:

The True paranoid or the Classical paranoid as psychologists prefer, may

be of high level of intelligence and so persuasive that he will successfully recruit
other persons to help him in his war against enemy. Individual with Paranoid
Reaction do not handle the problem in as much logic or intelligence as the true
paranoid.

Schizophrenia is a thinking disorder. Expert says that, approximately 80

percent of the mentally ill of the population are schizophrenic. There are
subcategories of this kind of mental disorder, the catatonic state and the
hebephrenic state. Catatonic state is demonstrated by the patient’s rigidly held
position for some interminable period of time, while Hebephrenic state is when
the subject acts childlike and silly.

The signs and symptoms of the schizophrenic condition may appear in

three (3) different ways such as the following:

1. The subject’s language may be rambling and

tangential; he may make up meaningless rhymes, or echo anything he
hears;

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 2. The subject may show his split personality
incongruent between his expressed ideas and emotional responses.
This indicates that two thought operate simultaneously.
3. The subject may isolate or alienate himself from the
rest of the society and pull himself into his personal shell (Schizotype
personality).

Neurosis is suffered by a person if most likely to be observed in a

continuous state of anxiety. Erratic behavior would more than likely be displayed
by reaction to anxiety in the form of ego defense mechanism such as
rationalization, projection or displacement. The signs and symptoms are shaking
uncontrollably and depression without explanation.

In general, they are characterized by being out of touch with reality and
being recognized by their false belief. Hostage taking is done in order for them to
carry out plans from someone who compels them to do. Their routine is to
accomplish something but there is no accomplishment. Most of the paranoid
schizophrenics are in conflict and with difficulty in coping even in a minimal stress
situation.

Male paranoid may have problems with gender identity and religious
beliefs. It is so noted that frustration and conflict is involved. When these two
combines, severe anxiety will surface that makes a person so sensitive and
volatile. Lack of interpersonal trust, religious conviction, sexual disfunction,
persecutory beliefs about family or significant individuals or even distrust to the
negotiator or police may lie in the person’s behavior. This variety of issues may
cause the negotiation difficult and dangerous (1986).

The first thing a negotiator should do is to keep the dialogue at an even

pace. Since paranoid schizophrenics are out of touch with reality, it is a must that
the hostage taker should be kept calm enough to stay in touch with reality while
the negotiation process is going on. A good negotiation strategy is suggested
below:

1. Reduce anxiety at the same time create a problem solving atmosphere

2. Do not trick the captor
3. Accept the statement as true but do not agree
4. Do not convince that he is wrong
5. Emphatic understanding is needed

Manic depressive personality

Depressed individuals are in an incapacitated mental state. He may

frequently know the hostages and the latter might be the cause of his depression.
Negative outlook in life, feeling unworthy, slow speech, suicidal and
unpredictable and extremely dangerous are the characteristics of this type of

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mentally disturbed. To a one who is a suicidal type, he might inflict harm or even
kill one of the hostages and the police will be forced to shoot him (Strentz, 1984).

When dealing with this kind of mentally disturbed hostage taker, the
negotiator must be:

1. Firm and manipulative

2. Understanding and be supportive
3. Able to induce subject to talk about something positive

Inadequate personality

This is a type of person that displays attention-seeking behavior. Hostage

taking is his action to prove himself or his worth. During the commission of the
crime, he tends to delay his actions and be caught in flagrante in order for him to
prove himself (“I’ll show them”). His characteristics are homicidal, loser complex,
maybe fired from many jobs and is in touch with reality. Though they are
emotionally disturbed, yet they are apologetic to their behavior (“I’m sorry but I
have to do this to prove that I can be a good worker…”).

The negotiator should be aware that those statements mean that it’s either
murder or physical harm to the hostages. It is but wise to present problem solving
alternatives so that the hostage taker will not feel that he has failed again. The
person needs acceptance and understanding. An initial action is to offer
promises that can be kept and do not allow relatives in the scene.

Anti-social personality

Those who belong to this kind of personality are repeatedly having conflict
with the people around them and notably having a deviant behavior from groups,
social values and or individuals. They defend their face from embarrassment by
blaming others in the form or rationalization. Anti-socials, when takes hostages,
are generally engages in expressive acts and they are likely to dehumanize the
hostages and this is an indication that they are dangerous individuals.

According to Lanceley, antisocial individuals did not internalized moral

values yet they know the consequences of their acts and they are therefore
considered or more likely to become a foe. These hostage takers are only
concerned for themselves indicating egotism. Though they are aware of the
consequences of their acts, they feel no remorse and the negotiator must be
aware of this. At any time the hostage taker may consider his hostages as
burden and might harm or even end killing his hostages. A guideline of action
suggested is that the ego of the hostage taker is stimulated.

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 In this situation, the stimulus of this situation might be the hostages and
the negotiator must diverse the attention away from them. It is also suggested
that it is but wise not to refer or talk about hospitalization or treatment during the
crisis intervention as this might agitate the perpetrator if they believe they might
loose their freedom or is insinuated that they are crazy. Since the hostage taker
is a street and police wise, it is advisable not to use trickery (Fusilier, 1981).

The estranged person

Domestic problem is the main cause why an estranged individual takes

hostages. The hostages are commonly known to him and mostly are his family
members. The hostage taker is experiencing from relationship breakdown in his
or her interpersonal relationships and hostage taking is employed to compel the
relationship to be maintained. The hostage taker at his point is afraid of loosing
the significant others. In order to carry out hostage-taking, alcohol and prohibited
drugs are used to have the necessary courage (Cooper, pp. 27-28). Knowledge
in domestic intervention is essential when dealing with this kind of volatile
situation. The negotiator should be careful when intervening on personal disputes
as oral arguments between the hostage and the hostage taker may occur.

The negotiator must be an emphatic listener and with good responding

skill. He must also be aware of the personal nature if the situation. The negotiator
should also have the ability to bar the denial of reality into despair. The resolution
is that the perpetrator needs to be shown a graceful way out (Cooper, 1981).

Terrorists

Terrorism throughout the world has been alarming for the past decades
and even at present. Countries around the world have been facing terrorism
problems either local or international groups. In the United States alone, it has
been reported that there are local terrorists sowing fear, insecurity and unrest
amongst the people. They create chaos through assassinations, bombing, arson
and other forms of malicious destruction of properties. (CMD, AFP/PNP)

Though global terrorism is seemingly increasing and alarming, the

international law enforcement community is trying its best to address to this kind
of problem. (The international police organizations, other law enforcement,
religious and civic organizations team up together in fighting these terrorists.)

Regardless of their cause, their terroristic activities are condoned by most

of the people.

Characteristics, Modus Operandi and Causes

In order for them to attain their goal, careful planning is involved. They
employ professional members [most of the planning team members are educated

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enough on political matters] to outwit and deceive the authorities. They also
employ undercover agents and divide into groups.

Hostages are in serious jeopardy when their demands are not met
immediately or if the military pressure hovers them (i.e deployment of troops,
hovering choppers). The local police may not be able to meet the demands
immediately and only serve as perimeter security as they need government
attention. They use media to get attention from the government.

Since most of the longest running crisis situation involves political

terrorists, they want to negotiate directly to the Government and pay less
attention to the agents or crisis management teams. Terrorists also try to let the
government overreact n the situation so when worse come, they, the hostages
and the rights groups will turn ire and blames on the government.

The common question asked is what causes them to do such. Evidently,

hostage taking is their means to get the much-needed attention from the
government or private individuals just like other types of hostage takers. In this
way, the authorities will initiate actions to negotiate for the safe release of the
hostages on the fear that the latter will end killed or harmed.

On the issue on ransom, according to them are just demanded to cover

their expenses while hostages are at their custody, but in sense, will serve as
their resources to buy additional firepower or in the recruitment for additional
manpower in preparation for the anticipated military or police pressures.

Just like other types of hostage takers, they need to be negotiated with .
The only difference is that a mentally deranged, inadequate and antisocial
personalities needs more the help of mental health professionals and rapid police
response as the last resort to rescue hostages away from danger. While on
terrorist hostage takers, painstaking bargaining on social and political demands is
traditionally used. Government negotiators are utilized to the fullest to negotiate
and bargain issues with the kidnappers.

Barricaded Criminals

This type might be robbers cornered by the police while in the act of
committing their crime (i.e bank robbers). Either barricaded in a building, road
block or on getaway cars. Hostages are may be employees, bystanders or both
caught in the process of escaping. The hostage taking is a spontaneous
reactions of the criminal when cornered. Some law enforcement officers consider
barricaded criminals as attention seekers, but others describe then in the
contrary as they avoid being identified. Their primary aim is to escape safely
taking with them the hostages as shield to prevent being shot by the police.
Usually barricaded criminals are engaged in instrumental acts as they demand
for material things such as getaway cars, firearms, money, and safe escape.

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 Barricaded criminals may initiate bargaining negotiation as the police
closely monitor them. As earlier presented they might ask a safe conduct pass
for the release of the hostages, or they might ask for additional money or
getaway car and leave the hostages immediately. The negotiator, upon gathering
all the facts and assessment of the situation, including the mental faculties, he
may use his own discretion in the negotiation process, whether to grant the
demand or not

Prisoners

While most prisoners spend most of their time inside the correctional
institutions, some are concentrated on penal colonies under tight guards and to
those who are completely secluded inside their prison cells, they are haunted by
boredom, get tired and hostile. These may be due to the strict implementation of
house rules, favoritism and poor prison conditions (Lack of recreational activities
and inadequate facilities, poor structuring etc.).

These conditions may largely contribute to the occurrence of riots and

crisis [hostage taking] situations in our correctional institutions. Most probably,
the hostages are the prison authorities and staffs or even some of the inmates.
For some institutionalized individuals, hostage taking is their means of effecting
escape [hostages serve as their shield against assault of authorities] to stay
away from the harsh prison condition. Another group of prisoner-hostage takers
are those who do not consider escape but a rather total improvement of the
conditions and services of the prison institution.

Prisoners who initiate hostage taking may be involved on either

instrumental or expressive acts or both. Instrumental behavior involves those
situationally related, substantive and objective wants and commonly known as
the commodity goal of the hostage taker (Roloff and Jordan, 1992). An example
of this is the demand for prison condition as these are the causes of the situation.

Additionally the first group almost has similar purpose to the barricaded
criminals as they inhibit instrumental acts or behaviors.

The negotiation approach in this situation based on the acts involved is

bargaining approach. They need to be bargained with at the soonest possible
time as the lives of the hostages are in great danger. This is possible, as the
hostage taker believes that the hostages are the main cause of the problem.

NEGOTIATION MODELS In Crisis Situations

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 Whenever a crisis [hostage] situation is reported to the police or other law
enforcement professionals, the initial action being taken is the activation of
tactical assault or Initial Action team and the coordination of trained crisis
negotiators within their departments. In cases where the hostage taking is
initiated by a perpetrator, purely engaged in expressive acts, the services of a
mental health professional trained in crisis management is indispensable. On
cases of instrumental behaviors, tactical assault teams are mobilized to contain
and isolate the area and on standby when worst come along as the negotiator/s
enter the situation. However, the services of mental health professionals are
sought since most of hostage takers with instrumental behaviors are partially
engaged in expressive acts.

In assessing a crisis situation, one must understand and be able to

determine the two kinds of behavior. Firstly, Instrumental behavior refers to
actions on the part of the perpetrators and negotiators that facilitates some types
of substantive outcome in terms of instrumental issues (situationally related,
substantive and objective wants of each party). Additionally, those who are
engaging in this kind of behavior are having goals to obtain or to be fulfilled.
Generally, hostage takers of instrumental behavior are criminal types and
intervention usually needs bargaining. E.g. barricaded criminals, or other
organized crime groups. Expressive kind of behavior on the other hand refers to
various forms of perpetrator’s and negotiator’s behavior that serves to
communicate the power or significance of the individual and his/her emotional
state. Simply, it involves the behavior of the perpetrator (Hammer and Rogan).
This is characterized by the hostage taker’s attempt to display power. Those who
engage in this kind are mostly emotionally disturbed individuals. e.g. mentally
insane, etc. Over the years there are approaches used by negotiators and are
devised to suit to these kinds of behavior or acts.

Bargaining Negotiation Approach - Earlier discussed were the two

types of acts. Bargaining negotiation approach is the model that negotiator
employ whenever instrumental issues come along way. In this approach,
negotiation is viewed in terms of an exchange or distribution of resources. This
approach is derived to the social exchange theory of Roloff, (1981), which
accordingly has two premises:

1. Conflicts involve people who are interdependent which means that

each party can not accomplish each own goals without agreement
from each party, and
2. Such conflicts involve rewards and costs from each other

This Social Exchange Theory is obviously focused in the exchange of

objects during the negotiation. In order that the negotiation be successful, some
authors of crisis management books claimed that the communication approach
involve the exchange of one set of resources for others or known as bargaining.

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 Bargaining is a powerful tool to resolve a conflict provided that the hostage
takers focus on instrumental concerns or issues that are negotiable. They are
more likely to engage with the hostage negotiator in order to bargain and resolve
the crisis.

Van Zandt, Rogan and Hammer reviewed and made critique on this
approach and notes: “the type of situation law enforcement usually encounter,
often fall in several ways to match the requirements of instrumental negotiation
approach.”

First, crisis negotiation situation is not typically like others, more common
forms of instrumental dominated bargaining where the assumption is that, the
parties come with well thought out proposals and are willing to a bargaining
process. Crisis [hostage] situations involve high levels of anxiety and uncertainty.
They are characterized by a pronounced level of emotional excitation precipitated
by the hostage takers motives and enhanced police response. Majority of
hostage crisis occurs as a result of the mental and emotional inability of the
hostage takers to cope with life stressors. This produces a situation where
normative rational actor bargaining is generally absent and its place exist an
explosive dangerous and volatile set of interaction dynamics where emotional
excitation and relationship issues (e.g. control, power, trust, liking and face) play
a critical role.

Over all, the particular features of crisis situation discussed above suggest
that negotiators often face interaction dynamics that may not fully explained by
the instrumentality focused bargaining approach.

Expressive Negotiation Approach - This approach is mainly focused on

the emotional state of the hostage taker as a powerful tool to resolving of crisis
situation. Expressive negotiation approach came to existence with the use of
psychology, human relatons theory and research. Both assume that the nature
and quality of interpersonal relationships play a large role in resolving a conflict.
The three (3) assumptions of the expressive negotiation model are:

1. Hostage has no instrumental value. This explains that the hostage is a

tool or device used in gathering audiences or attracting attention
(attention-seeking behavior) to the hostage taker. The hostage taker
may initiate a crisis to demonstrate his ability to control others.
2. Both interactants have the interest to prevent the escalation of the
situation into violence or death. The hostage taker has some minimal
level of awareness that when he kill his hostages, he will later suffer
the consequences.
3. Hostage taker and negotiators are confronted with high level of
emotional excitation. Increased emotional arousal prepares the
perpetrator from reacting with fight or flight response rather than a
problem-solving mode.

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 In this approach, negotiators must be knowledgeable on ‘crisis
intervention therapy’; listening skills as it contributes a lot in decreasing anxiety
and a problem solving can emerge later during the negotiation process.
(Schlossberg, 1979, Van Zandt, Rogan and Hammer, 1998). In addition,
relationship development and confidence building strategies are viewed as
critical to resolution of crisis [hostage] incidents. The negotiator must have
enough training in listening, paraphrasing, and self-disclosure, open ended
questioning to reduce perpetrator’s anxiety.

Under intense stress, the Stockholm syndrome may likely to occur. This
phenomenon has been carefully studied and recorded by psychologists. The
impact of the incident stress on negotiator’s psychological well-being. More so on
unsuccessful negotiations. Negotiators should also deserve attention like
professional help. Explications of emotional and personality disorders and their
impact on crisis negotiation. Most of the hostage situations are committed by
paranoids, depressed, antisocial and inadequate personality typologies. Hostage
negotiations depends on the psychological characteristics of the hostage taker
and the identification of the effective communication strategies when negotiating
with perpetrators who exhibit behavioral patterns consistent with specific mental
and emotional disorders. This model of negotiation is used to lessen the
perpetrator’s emotional tension to give way for a rational problem-solving
atmosphere. (Hammer and Rogan)

Communication-based negotiation approach - This approach is

founded on an interactive assessment if the crisis [hostage] situation as it unfolds
and is created through the interaction of the negotiator and the perpetrator.
Therefore, communication based approach is an interactive process wherein
negotiators and hostage takers react to each message behavior.

In fundamental communications theory, communications is composed of

content and relational dimensions. Content dimension of communication
represents the instrumental focus of person’s message, while the latter conveys
the expressive features (as trust, power, and respect). There are three (3)
interaction concerns relative to the communication-based negotiation approach,
which may tend to escalate or deescalate the conflict. (Hammer and Rogan)

1. Instrumental concerns; Hammer and Rogan notes:

“Instrumental message behavior arises in crisis negotiation as the
hostage takers and the negotiators bargain with one another regarding
with the incompatibility of their objective concerns.” In this concern,
there are two broad types of issues involved, the substantive issues
and non-substantive issues or the situationally related and the
situationally unrelated respectively
2. Relational concerns - Relational message behavior
denotes when an individual’s concern is more on the nature of the

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 relationship to other individual. There are thre-e (3) core elements that
represents relational message behavior.
 Power- this concerns the degree of agreement
between the two interactants along a dominance-submission
dimension.
 Trust- revolve around the degree to which each party
is willing to accept the premise that no one shall be hurt or no
act shall be detrimental to self.
 Affiliation- refers to belongingness and acceptance
between the perpetrator and the negotiator (respect, liking and
caring for the well being).

3. Identity concerns - Identity concerns refers to an

individual’s concern for self-presentation, reputation or face. These are
then important to both parties.
According to Tajfel’s Social Identity Theory as discussed by Hammer and
Rogan, personal and social identities are the two dimensions of a person’s self
image and are best to be known by the negotiator when dealing with conflict
situation, noted as:

‘Personal identity is based on an individual’s unique perception of his or

her own attributes’ (The person perceives himself either weak, strong, or
intelligent).Hammer and Rogan also suggested that a suicidal’s emphasis
is on personal identity concerns, and
‘…social identity consists of those characteristics and their emotional
significance that is attached to one’s membership in social groups...’
(nationality, gender, ethnicity, social group/cult).

Rogan and Hammer further discussed that face message behavior varies
along three (3) dimensions and the first denotes the locus of a communicator’s
interest (is the face message directed to ones’s self or to other?); Face valence is
the second dimension, a behavior either to attack or honor face. Finally, ‘face-
honoring entails a dimension which relates to whether the message behavior
functions to proactively protect against potential future threats to face or to
retroactively restore perceived loss of face’.

When these three (3) dimensions are combined together, there are six (6)
types of face message behavior being produced:

1. Defend Self’s Face - This behavior is self-honoring and self directed

messages. More often, the hostage taker uses this when he is asked
about the condition of the hostages and replied… (“ I don’t know but I think
they’re all OK! “)

2. Attack Self’s Face - Is a behavior that tends to attack or is directed to

one’s self. The statement, (“ I know this is all my fault…” ) fits to this

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 behavior. The perpetrator directs criticism or attacks to himself when he
fell remorse of his act and this usually occur during the accommodation
stage.

3. Restore Self’s Face - This is used to restore one’s face/reputation. (“ I’m

not as crazy as you think…”) A hostage taker with psychological maladies
uses this face message behavior to restore his reputation.

4. Restore Other’s Face - A face message behavior that is directed towards

the other party. (“ You’re such an intelligent guy…”) or (” You’ve got a lot
of people who cares about you…”)The negotiator tries to restore the
perpetrator’s face by attempting to gain cooperation and lessen the latter’s
psychological burden.

5. Defend Other’s Face - Known as the traditional message behavior utilized

to protect other’s face from future attack or loss. (“ I know you can
overcome these odds in your life…”). The negotiator should defend the
perpetrator and not the hostages to increase sense of worth of the
perpetrator.

6. Attack Other’s Face - This represents the traditional, more limited view of
face attack behaviors. (“ These people causes me to do this…”) When a
negotiator shifts the blame to others, it does not really mean that hostages
are not prime importance. It is more likely that the hostage taker fell sense
of understanding and belongingness. However, if the hostage taker is the
one who uses this, he is trying to imply that the main cause of the situation
are the people involved [hostages].

THE STOCKHOLM SYNDROME

In the event of hostage crisis, the Stockholm syndrome will likely to

occur. This phenomenon is referred to as the process of transference in which
the hostages begin to identify their captors and the following may occur:

1. Positive feelings from the hostages to the captors

2. Negative feelings toward the authorities by both hostages and captors
3. Positive feelings returned by the captors to the hostages

This phenomenon got its name after one of the hostages in an aborted
bank robbery in Sweden fell in love with the perpetrator (Strentz, 1994). In some
instances, hostages may even help the perpetrator consummate the crime either
by providing cover fire during the escape process or actually joining the heist or
become an instant member of the group.

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 Stockholm syndrome with operates when there is an extended period of
time, not being isolated from one’s captor and the positive contact between the
hostages and the hostage taker (Fuselier, 1981).

Variety of issues may possibly cause the occurrence of this phenomenon

such as:

1. Pity- In the case of mentally disturbed individuals, hostages may pity

them, as they believe these individuals need professional help. The
hostages may offer advises (i.e. not advisable) or even instruct the police
not to launch a tactical assault against the defenseless and sick hostage
taker.
2. Personal feelings- the hostage may feel affection towards the hostage
more when the hostage is female, with pleasing personality and
cooperative.
3. Indoctrination- barricaded political terrorists tend to indoctrinate their
hostages to force them agree and believe with their stand or political
ideology. It is not so surprising that a son of a slain scout ranger sergeant
in Mindanao joined his Abu Sayyaf captors during the siege in 2000.
4. Poor inaction of the authorities- the hostages in the alarm and crisis
stages of hostage taking want to be speedily rescued before they will be
killed or harmed.

In a crisis [hostage] situation, negotiators consider staling of time the

number one rule in dealing with hostage crisis. On scene negotiators stale time
to decrease tension among themselves and the hostage taker. This might be
misinterpreted by the hostages as they feel neglected. They will end up
sympathizing with their captors and uncooperative to their rescuers.

It should be corrected that providing assistance to the hostage taker not a

conclusion that Stockholm syndrome has occurred. Hostages may carry the
moneybag or the clerk opens the vault due to continue threat of the hostage
taker.

As Stockholm syndrome continue to develop among the hostages and

their captors, the latter will make increase awareness of the safety of the
hostages for fear of losing a shield. The negotiators and the hostages however
may benefit from this phenomenon since the safety of the hostages is increased.
This happens during the accommodation period as hostages may tend to obey
every command of their captors and the latter will decrease or lessen the degree
of security, control and the introduction of physical harm among the hostages.

REACTIVE MEASURES IN HOSTAGE TAKING INCIDENTS

OPERATIONAL PREMISES OR AREA

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Principal Participants: First responding officers, Field supervisors, Threat
Management Force Commander, Tactical Unit Commander

Duties and Functions

a. First Responding Officers:

 proceed to the scene discreetly
 do not return fire except:
 when loss of life is imminent
 when hostage-taker is visible, armed, identifiable and no
 third party will be caught in the crossfire.
 contain the suspect-condor or isolate the area
 request assistance
 evacuate-care of critically injured persons if any
 retain witnesses- gather information
 attempt to communicate there telephone, megaphone or other means
 deploy responding officers
 Develop required police information-initial report of situation
 keep headquarters/station informed-periodic assessment
 of situation relayed from time to time

b. Field officers
 assumes command upon reaching scene
 evaluate situation
 prescribed containment procedures until the TMF arrives

c. TMF Commanders
 establishment command post
 coordinate/direct Commander of Tactical Unit Team
 plans/promulgate aggressive operational activities if required.

d. Tactical Unit Commander

 ensure that suspect is under constant surveillance
 maintain well-planned assault operation, upon order

OPERATIONAL PROCEDURES

1. Stabilization and Containment

 Establish Rapport: get to know the suspect
 Operational Activities -clear area/scene of pedestrians,
required innocent persons to evacuate-this can be done, throughout
non-verbal language, gather information about the suspect
 submit initial report
 request for additional resources, if needed

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 2. Consolidation and negotiation

Negotiation and qualities

 civilian volunteer preferred depending upon the call of incident
 demonstrate sympathy without being emotionally involved
 ability o accept tension between conflicting views
 maintaining self-control
 possess moral courage and integrity
 patient and good listener
 should not be a decision maker
 possess certain language skills or background which will lend
 insight into the psycho of the hostage taker
 knowledge in psychology of aggressive human behavior
 ability to give minor rewards
 ability to withhold rewards
Steps in Negotiation
 On Initial contact - avoid hostile or antagonistic approach, introduce
yourself-don’t use title or rank, sell yourself-sincere and honest,
instill trust and confidence, minimize tension soonest
 Development - drawing a psycho profile or hostage taker, reinforce
relationship establishment at initial contact
 Alternative steps
 Climax stage
 Termination

RULES AND PROCEDURES ON NEGOTIATION

1. Stabilize and contain the situation

2. Select the right time to make contact with the
hostage-taker
3. Take time when negotiating, allow hostage-
taker to speak
4. Don’t offer the hostage-taker anything. What
he will ask for will be part of the negotiation
5. Avoid directing frequent attention to the victim
when talking to the hostage-taker
6. Do not call them hostages. Be as honest as
possible; avoid tricks; be sincere
7. Never dismiss any request from the hostage-
taker as trivial or unimportant
8. Never say “No”, soften the demands
9. Never set a deadline; try not to accept a
deadline
10. Do not make alternate suggestion not agreed
upon in the negotiation

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 11. Do not introduce outsiders (non-law
enforcement officers) into the negotiation process, unless their presence is
extremely necessary in the solution of the crisis; provide that they shall be
properly advised on the do’s and don’ts of hostage negotiation
12. Do not allow any exchange of hostage, unless
extremely necessary; in particular, do not exchange a negotiator for a
hostage
13. Avoid negotiating face-to-face if possible
14. Law enforcement officers without proper
training shall not be allowed to participate in hostage negotiations; and
15. Never introduce ranks/possessions.

KIDNAPPING FOR RANSOM

KIDNAP FOR RANSOM is a criminal act, particularly described as the

unlawful taking and carrying away a person by force or fraud and against his will,
or in any manner depriving him of his liberty for the purpose of extorting ransom
as payment for the release. KIDNAP FOR RANSOM is a common term used
describes a specific criminal act under ART. 267 of the RPC entitled “Kidnapping
and serious illegal detention.”

KIDNAPPING, in general, posses a serious threat to the peace and order

condition of the country. Focus of concern, however, falls on so-called kidnap for
ransom case, because they exist a heavy tall not only on their victims and the
victim’s families, but also on society as a whole. This is so because kidnap for
ransom is by nature a syndicated crime perpetrated by professional criminals
groups capable of planning their nefarious trade that even a single gruesome act
of kidnapping expertly pulled by them could prove very alarming to the public.

COMMON MODUS OPERANDI USED IN KFR

1. A kidnap group initially scouts or a potential victim through an informer or

spotter.
2. An informer or spotter could be a gang member or outsider whose
participation is to locate targets for the group.
3. After the would-be victim has been spotted, the kidnap group conducts a
through study on his background and his daily routine
movements/activities.
4. Customary route taken by the would-be victim is particularly observed.
5. After careful surveillance and planning, they would kidnap the victim at an
opportune time.
6. The victim is them brought in a pre-designated area, usually outside urban
places where the victim is held in captivity ransom for his release is being
negotiated.

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HOW DOES KIDNAPPERS ABDUCT THEIR VICTIMS?

How facilitate the kidnapping for the victim, a gang member is sometimes
made to seek employment with would-be victim’s family, either as a diver or as
household help. In coordinate with an inside man, the group snatches the victim
at on opportune from the public. Although the manner of accosting the victim
varies from one kidnap group to another, the most common method of approach
used by kidnap groups is by blocking the kidnap victim’s car by using a military or
police-like vehicles, sometimes with siren. At least one of the kidnappers is in
complete military or police uniform and armed with a long automatic weapon. The
victim is intercepted and accosted with alleged traffic violations.

HOW ARE RANSOM NEGOTIATIONS UNDERTAKEN?

1. Ransom negotiations are later affected through various means of

communications. The most common is through telephone.
2. The kidnappers will call up the relatives of the victim and demands for a
ransom for the release of the victim.
3. An almost hysterical victim is sometimes made to speak over the
telephone and appealed to his bewildered relatives whose tendency to
cooperate blindly with the kidnappers.
4. The kidnappers then indicate the amount, normally in cash payable on a
date and a place specified set by them.
5. Threats on the life of the victim are also relayed to the one contacted in
case term of the ransom one not met which include, among others, non-
disclosure of the case to police authorities.

WHAT ARE THE BASIC OBJECTIVES OF THE SPECIAL UNITS OF THE

PNP IN DEALING WITH KIDNAP-FOR-RANSOM?

By priority, the basic objectives of the PNP Special Unit handling kidnap-
for-ransom cases are the following:

1. To insure safety of the hostage or victim is a paramount consideration that

takes precedence over all others. Utmost care is therefore exercised in the
conduct of rescue operations.
2. To understand and minimize the mental anguish and agony of the victim’s
family and friends.
3. To achieve the early liberation/salvation of the hostage/victim.
4. To insure successful cases against suspected kidnappers.
5. To ensure successful case building and prosecution of cases against
suspected kidnappers.
6. To prepare for any similar eventually that may ultimately endanger the
preservation of internal peace and order.

MOST IMPORTANT ROLE OF THE CITIZENS IN THE FIGHT AGAINST

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KIDNAP-FOR-RANSOM.

The role of the citizens especially the families and relatives of kidnap
Victims is to report immediately any kidnapping incident to police authorities.
Aside from this, they should extend their outmost cooperation to the police not
only in the rescue of the victim but also in the effective prosecution of the suspect
as well as in the efforts to locate, identify and arrest kidnap gang members who
remain at large.

TIPS TO BE UNDERT AKEN TO PREVENT

ANY KIDNAPPING OR ABDUCTION

If you believe that you or members of your family are potential targets of
kidnap-for-ransom groups, the most logical thing to do is to be SECURITY
CONSCIOUS always in your person and in your day to day activities.

The following preventive measures are hereby suggested:

1. Develop a security system in your residence and in your place of work

2. Be very selective in hiring your employees or your household help. It is
suggested that you let a trusted person secure the necessary police
clearances for them and check their background.
3. Watch out and report to the police questionable presence of persons
loitering near your home or office.
4. While on board your car, be very observant. If you notice you are being
followed or observed by doubtful characters, taken note of the vehicle’s
description, especially the plate number. If you have seen the
faces/appearances of the persons failing you, try to remember their
descriptions.
5. In your daily trips from home to office or school and back, try not to
develop a pattern. Do not establish definite schedules and routes in
addition, avoid routes that are deserted.
6. If you are accosted or intercepted along the roadway for alleged traffic
violation and asked to pull over by questionable persons, stop only in a
place where there is a policeman or there are other persons around.

BEST THING TO DO WHEN YOU RECEIVE A KIDNAP NOTICE/CALL

If you receive a kidnap note:

Be calm, don’t panic,
Make written record of the delivery person’s description
Take note of other circumstances of the delivery (time, manner,etc.)
Preserve the note for submission to the police.

During the call:

Try to signal someone else to listen on an extension.

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Keep caller on line as long as possible.
Do not antagonize the kidnappers.
Give kidnappers a code word for whatever identification.
Ask for Victim’s name, Where and when seized, Victim’s code name

After the call:

Make a written record of the Caller’s age/sex, Mental state (your assessment),
Peculiarity of speech (lips, accent), Exact words used
Try to take note of background noises and the audibility to telephone reception,
which may reveal the place where kidnappers is calling.

ASSASSINATION

It is the murder of prominent citizens particularly a head of a state or high

official in government or the killing an important person by violent means, usually
from political or religious motives.

What are the basic causes of assassination?

1. Revolutionary Causes – Groups and individuals who become fanatic in

their desires to change an existing government or to establish a new
government often resort to violence by means of assassination.
2. Economic Causes – In some cases assassination are motivated by
beliefs that the victim is responsible for bad economic financial conditions
affecting the nation, a particular group of people, the assassin or his
family.
3. Ideological Causes- Some assassination are motivated by beliefs that
the intending victim is impairing the principle of the assassin and his
associates.
4. Psychological Causes – Mental derangement, fanaticism, or emotional
instability are motivated factors in most, if not all, assassination. One or
more of these conditions are usually present in addition to of the other
basic causes of assassination.
5. Personal Causes - Revenge, jealousy, hate, and rage or strictly personal
drives have motivated personal Causes of assassination.
6. Mercenary Causes – Some assassinations have been committed for a
monetary reward. There is frequently a distinct difference between the
basic causes of an assassination and the motives given by the assassins.

Objectives of VIP Protection

1. To protect the lives of personalities, important citizens and their country.

2. To protect those personalities from illegal pressure being put upon them,
such as terrorism, threats and blackmail.
3. To prevent insult on their honor-embarrassment to protected persons, his
government / country.

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Basic Concepts of Protection

Protection is a buffer set-up thrown around a dignitary who will either

prevent an attack or absorb the shock to such an extent that the results will not
be tragic. It must strive to protect the dignitary wherever he is located but must
always be able to move him to a safer area if the need should arise. Absolute
protection is seldom possible. Therefore, the protective forces should always try
to operate in such a manner that any attempted attack will have the smallest
possible chance to succeed. Every element of protection must be thoroughly
planed in advance and every act of movement of the dignitary and the protective
detail must be scrutinized to make sure it is not playing into the hands of some
attackers. Protection must be surprised proof and flexible enough to instantly
respond to any emergency.

There are usually advance clues of a planned attack and the protective
system must secure this intelligence from all possible sources resources and
recognize the signs of danger.

METHODS OF ACTION USED BY THE ADVERSARY

1. Physical Assault – The inflicting of physical injury, with the aim of

disabling the object of the attack, such as murder wounding and trashing.

2. Threats – The objectives of threats is to frighten the person and bring

about a change of policy. The adversary may use anonymous letters;
radio broadcast and in the adversary happens to be from a foreign
country, he will have additional means at his disposal, such as the local
press, international forum or assemblies.

3. Insult and Humiliation – The adversary tries to ridicule the VIP in the
eyes of the people, and will use different means in order to achieve these
objectives.

INITIAL ASSESSMENT FOR DIGNITARY PROTECTION

Plan for protective operations to include a complete evaluation of the

dignitary’s level of threat exposure of possible attackers and the vulnerabilities of
the protected. Develop Intelligence profiling, likely scenarios and the protectee’s
environment and routes of travel and security measures already in place. Finally,
the identification, selection, and implication of protective countermeasures shall
be undertaken.

PROTECTION OF VERY IMPORTANT PERSONS (V.I.P.) IS BASED ON

SEVEN DIFFERENT METHODS

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 1. Physical Protection – This refers to the protection of the VIP and the
installation he uses through the physical presence of his guards.
2. Secrecy – Information about the VIP, which might be important to the
adversary, will be kept from him.
3. Deception – The publishing of deceptive information concerning the
actions of the VIP.
4. Control – Control over the persons coming into the contact with the VIP
over the object sent to him.
5. Intelligence – The gathering of the adversary’s intentions as to as assault
upon the VIP.
6. Instruction – The VIP and his Colleagues have to coach as to the
necessary precautionary measures.
7. Neutralization of Suspects – Neutralization of people who are suspected
of trying to liquidate the VIP. A good system of protection will use all of the
above mentioned methods. It is not always necessary to use them at the
same time, but generally, it will be necessary to employ most of them in
order to ensure and efficient protection.

PROTECTION PROCEDURES AND PRINCIPLES

As recognized by most police agencies, absolute and complete protection

against assassination of a dignitary is seldom possible. The goal is to minimize
the chances of success of any contemplated attack. The privacy of the dignitary
must be considered, and under no circumstances should he be embarrassed.
Despite this, protection must be provided against hazards caused by personal
designs, accidents or negligence. Procedures are unknown to the public. Every
phase of security must be carefully planned in advance. Pertinent factors
considered in this planning include; importance of the protected persons, political
attitude of the local population, distances involved, means of transportation, and
duration of the security mission.

Physical protection consist of a series of protective cordons, each

compelled in itself. These defensive rings maybe composed of security
personnel, physical barriers, or a combination of both. An example of this type of
security is the protection established around a house from the third echelon of
protection. The depth of the protective forces and the degree of security
established will be governed by the factors considered in the planning stage.

Security planning should be flexible. Weather conditions and mechanical

failures (including failure if lighting) are two ever-present potential hazards. The
unexpected arrival of a large number of visitors is another situation frequently
encountered. Last minute changes in the schedule of events occur on occasion.
The security must be sufficient trained to cover these and many more
eventualities.

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 Central direction and unity of effort are of special importance because of
the nature of this assignment. The officer-in-charge should be designated with
full responsibility for all phases of the security mission. Close coordination must
be established with all local military, police and civilian authority. The security’s
responsibility for each phase must be clearly defined. Arrangements should be
made for the local civilian police to control local inhabitants. All available
intelligence channels should be utilized for information of potential danger areas.

USE OF SECURITY PLAN

An excellent format for preparation of a protective plan is the standard

operation plan used by the police. The requirements of the plan which are
coordination or liaison, the itinerary defense area, personnel and equipment
requirements post designation, cooperation, communication, public relations, and
miscellaneous emergency information, can all be logically included in the normal
five paragraphs of the operational plan.

The plan should be on writing and procedures in sufficient copies, so that

it can be staffed with those officers with whom coordination is necessary. Only
key personnel needed to provide a complete protection are given an orientation
on the events of the plan and should be familiar with the whole operation. Each
participant commits the requirement of his specific mission to memory. For this
reason, the plan contains detailed instruction for each post and mission. The
instruction should be simple to understand and easy to execute. The length of
the plan will depend upon the size of the mission to be performed. The itinerary
consists of one or more men stationed or in fixed post. Police should know the
identity in the party of protected official. The attitude of the protected official must
be estimated by the police officer. In most instances the presence of security
personnel, is unpleasant to the dignitary. This is understandable in view of lack of
privacy. The security personnel must be aware of this natural reaction, actually
anticipate it, and they observe adherence to strict policies of non-irritating
conduct.

In the initial planning stages, all potential embarrassments should be

avoided. It is normally a good policy to avoid direct contact with the dignitary on
details of arrangements. The Officer-in-Charge should coordinate with the
member of the official party who is designated for this purpose. When a important
person ignores the measure which have been taken for his protection, security
officers continue to perform their duties as directed. When appropriate, they offer
suggestion tactfully. The chief of the escort acts exercises enforcement power
over the security of an important person only when necessary with caution and
diplomacy. Any violation of the security measures for important persons is
brought to the attention of the chief of the escort or guard. The security police
officer insures that the guards comply with every detail of their instructions.
Restriction on the circulation of individuals should be strictly enforced. Before any

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person is allowed to approach the important person of his effects, he is checked.
The security detail should not enter into conversation between the dignitary and
other individuals. Information should be given only when solicited. In all dealings
with the protected person and his associates never volunteer for uncalled for
personal favors. Deliberate attempts to ingratiate themselves only serve to
degrade the security mission and result in an undesirable relationship if the
official or members of his party is bothered. Security personnel should react
accordingly. The protected person should set the standards of the relationship. In
the absence of such standard actions of the security detail should be formal.

THE USE OF WEAPONS

There is always the danger of undue alarm due to accidental discharges,

and the injury of innocent persons, when weapons are carried. All personnel
should carry a holstered sidearm of at least .38 or 9mm caliber. Automatic pistol
should contain a fully loaded magazine with a round in the chamber and the safe
on. In certain areas, when attackers are made in force by armed mobs, the
appropriate weapon or machine gun can be used. The machine gun is also used
when attacks are made from vehicles, and when the attackers are behind shields
or barricades. Riot or shotguns should be available when the attack is made in a
congested area where there is danger of injuring innocent people if long-range
weapons are used. They are also effective against mobs using “Banzai” type of
attacks. The use of police nightsticks and tear gas will break up and confuse the
crowd, making their movement by the protective force easier.

CROWD CONTROL

The protective personnel should understand the principles of crowd

control. They should not show prejudice, sympathy, or become involved in the
grievances of the crowd. When force is necessary, the protective force should
move with speed and surprise. At the first sign of disorder all leaders should be
apprehended. The real troublemakers are usually to the rear of the crowd.
Protective forces should not be fooled or deterred by mob leaders who arouse
and use women and children in front ranks to shield themselves from aggressive
action by the protective personnel. The crowd’s retreat should never be hindered,
it should be moved in the direction where there is no space to disperse.

AREAS AND BUILDING SURVEY

All areas to be occupied or visited by the protected person should be

surveyed in advance. The procedure to be prescribed for building inspection is
complete and thorough. In many instances, the dignitary is a state visitor of the
visitor of the nation; on other occasions he may be the houseguest of other high-
ranking government officials. At times, he may stay in hotel occupied by
numerous other guests. Certainly, all the inspection listed in this section is
feasible. The Officer-in Charge and his advance party use common sense of

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sound judgment in establishing the best security possible under existing
circumstances. In some instances, the advance party can facilitate security
measures by arranging for a separate floor or wing of a hotel as a billet for the
party. Normally, billeting arrangements are included in the itinerary prior to the
start of the security detail. Proper building inspection entails a thorough
examination from roof to basement. Blueprints of the building should be obtained.
Rooms and hallways are measured visually and compared with the dimensions
indicated in the building plan to locate any hidden passage or alcoves. Each
room is examined systematically. Walls, ceilings, are mentally divided in to three-
foot squares and each square minutely examined for cracks, evidence of recent
repairs, or any unnatural appearance. Suspicious areas should be examined
satisfactory by reliance on operating or maintenance personnel. All furniture are
carefully examined, all doors opened and drawers are removed as check for
concealed compartments. All wires leading into or leaving the various rooms are
traced and all devices connected with them identified. Heating radiators,
plumbing, pipes and similar equipment are carefully examined for dummy
installations. All locks and locking mechanisms are inspected. After the
inspection is completed, the room or building is secured until used.
PROTECTIVE TECHNIQUES

PROTECTION WHILE RIDING IN VEHICLES – The selection of security

trained driver and the type of vehicles to be used should be given thought, then a
closed car provided with greater concealment and therefore better protection for
the dignitary recommended. Route survey should be conducted in advance
before actual travel and protective details should be equipped with radio
communication processing encoding-decoding “scrambling” capabilities. All auto
motive equipment should be excellent mechanical condition and should be
regularly inspected for signs of tampering and bullet proof if possible. The driver
should be well trained and reliable. Vehicles must be secured at all times during
security missions. Escort vehicles should precede the protected vehicle. The
security vehicle should follow the protected vehicle as closely as possible
consistent with driving safety. An advance car should precede the convoy by
approximately one-half kilometer to observe hazards and reports on unusual
conditions. A reserve vehicle should follow the convoy as a short distance from
the rear for use in emergency. The escort follow-up and all security vehicles
should maintain radio contact. Whenever possible, a member of the security
detail is placed in the protected person’s vehicle. In extreme conditions, when
greater security is necessary, one or two dummy vehicles, carrying individuals
who are similar in appearance to the protected person, may be included in the
convoy. Fixed post and bridges, underpass, and traffic stops must be secured
when deemed necessary. An alternate route should be arranged for emergency
requirements. Unless indicated by competent security the convoy will confirm
with the local traffic regulations. Evaluation of such situation is made to
determine the degree of security, which is practical and necessary.

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 TRAVEL BY TRAIN – Generally, the greatest potential security hazard
exists at the points where the escorted person boards or leaves the train. Usually
this is a congested area with numerous individuals carrying all sorts of bags,
packages, and containers. In the study of assassination techniques, the large
number of attempts in this location is not worthy. When possible the area should
be closed to the public or the dignitary’s party, it should be attached to the rear of
the train where feasible. The members of the security detail should be in control
of all entrances of the car. When the train is stopped, they assume position
covering all avenues of approach to the car. If the protected person leaves the
train for a temporary period constant security should be maintained on the train
until the protected person returns and the train departs. Prior coordination should
be made with railway officials for exact scheduling of stop enroute. Railroad
security and local police at scheduled stops can be contracted for standby
assistance. When deemed necessary advance and rear guard train may be
placed on the other cars of the train, seated among passengers, as an additional
safeguard.

TRAVEL BY AIR – Normally, a special plane is placed for transporting the

dignitary and his official party. The technical safety factors, such as clearance of
operating personnel and control of flight, are responsibilities of the operating
agency when performed by military forces. The most dangerous periods, as in
train, movements are boarding and departure times. All structures offering
observation of the boarding shall be adequately secured either by closing of
when not used or by strategic placement of security detail. When a large crowd is
expected for take off ceremonies, barricades and uniformed military or police
force in sufficient numbers should be included in the planning. The plane
designated for the important person should be kept away from contact with the
plane. When the designation is another base, advance arrangements should be
made with the Air Force Office for additional security and transportation is
normally scheduled for the important person and his party. It should not be
forgotten however, that arrangements must be made for the accompanying
security personnel.

TRAVEL BY SMALL WATERCRAFT – When planning for a cruise, the

boats selected should be of types and sizes capable of withstanding weather and
surf conditions that may be encountered. A thorough inspection of the boat
designated for the protected person should be made in conjunction with
responsible ship personnel. The inspection is primarily for unauthorized persons
stowing away for any suspicious objects or packages. An additional check should
be made for adequate life saving and emergency facilities. Security personnel
should be alert for either crafts approaching the dignitaries boat. When feasible,
arrangements should be made for a boat to follow the protected person’s boat.

PROTECTION WHILE WALKING – One of the best protective measures

is varying the selection of walking times and routes. The security detail
accompanying the dignitary should be positioned to cover all avenue of access,

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additional security personnel should cruise in the immediate vicinity. Local police
agencies can be of special value in adding background security in these
instances.

PROTECTION AT PUBLIC ASSEMBLIES – A careful search and

inspection of the area should be made at the time protection is established. A
physical defense zone should be set up immediately around the dignitary, and
additional concentric defense area should be added to the greatest possible
extent. Protection in the defense zone is provided by protective personnel,
permanent or temporary type barricades, and a combination of the above
techniques. Screening points to admit passage of authorized persons and
materials should be established. Observant and inconspicuous personnel should
be patrolled among the crowd. Maximum use should be made of security aid
such as flood and spot lights, communications, emergency equipment, special
weapons, locks, barricaded areas, and helmet proof equipment, and materials.

PROTECTION WHILE IN A RESIDENCE – The protective detail should

occupy at least one protective ring. At least two additional areas should be
established in the outer perimeter. There must be a pass system for the staff and
frequent visitors. Food suppliers should be checked and food selection and
handling should be controlled, Mail and packages should be fluoroscope.
Periodic inspection should be done on premises for safety hazards, lethal
devices such as bombs, traps and sufficiency of security equipment. Adequate
communication should be maintained, and all possible emergency situations
should be considered.

PLANNING CONSIDERATIONS

The nature of the Assassin - The assassin is a discontented individual

who decides to kill the person whom he thinks is responsible for his difficulties.
He attempts to gain advantage by the use of surprise. A well-trained protective
force that he is likely to be caught does not discourage him. Assassins do not
have distinct features. They are not concerned about death. Many of them suffer
from mental disorders. A mentally unbalanced person is not necessarily stupid
and as a matter of fact they can be ingenious.

Assassination of VIP normally feature the following:

1. The location of victim at a given time will be known in advance by the

assassin.
2. The assassin with his weapon will choose a position giving him access
to his victim.
3. The protection detail will be attracted by some diversionary interest or
otherwise inattentive.

Break down of planning

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 BEFORE: Plan must be extensive and thorough as follows: Plan should
be in writing. Plan should be specific-complete for each post and for each person
involved. Plan should be simple to understand and easy to execute. Plan should
be carefully read and committed to memory. Coordination among the different
agencies must be laid out. Details and schedule of activity contemplated should
be in advance. Define and establish the defense area. Number of personnel
should be determined. The accessory equipment should be itemized and the
distribution shown. Means of communication

DURING: Protective force should function as a team. The aim should be

that nothing occurs that might jeopardize the safety of the VIP.

AFTER: Summarize things that happened in the operations. Evaluate

individual performance; bring out the weak points and suggestions for
improvements. Encourage individual members to discuss their particular
assignments. Encourage group discussions. Central summarization with outlook
on succeeding operations.
BOMBING
(Incident Awareness)

IS BOMBING A SERIOUUS SOCIAL PROBLEM? Bombing is a very

serious social problem as when a bomb explodes, casualties and destruction of
property is very essential. When bomb incidents occur, people are affected
directly and indirectly. Work stoppage (evacuation), tension, fear or panic is felt
by the people within the area. Even if a person is not directly affected, just
hearing or reading the news about such incidents can make him apprehensive.
Also, some people could take the chance, as leverage to scare or threaten would
be victims for some reasons like extortion or just for pranks. Bomb incidents
include bomb threats and actual bombings. It can happen anywhere and
anytime. With the recent advancement of science and modern day technology,
bombs becomes more sophisticated, smaller in sizes, easy to handle, easy to
plant, easier to transport but with more devastating effect.

The tactics common to terror groups is bombing. Of all terrorists incidents

recorded. 70% were attributed to terrorists bomb. The bomb is a popular weapon
because it is cheap to produce, easy to make, has variable uses and is difficult to
detect and trace after the event. Investigations have revealed that the targets for
“terrorists bombing” are not selected at random. The modus operandi for
selecting the target and planting the explosives appears to follow this pattern:
The target is selected because of political or personal gain to the terrorists. It is
then kept under surveillance to determine the entrances and exits most used.

Reconnaissance of the building is made to locate an area where a bomb

can be concealed, do the most damage and here the bomber is least likely to be
observed. A test or dry run of the plan is often made. After the dry run and at a

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pre-determined time, the building is infiltrated by the bomber to deliver the
explosive or incendiary device. The device maybe partially pre-set prior to
planting. If it is fully set and charged, it is simple matter for one or two of the
group to plant the device in a pre-selected concealed area. This can be
accomplished in a minimum of time. If the device is not fully set and charged, one
member may act as lookout while others arm and place the device. Most devices
used for the destruction of property are usually of the time delay type. These
devices can be set for detonation to allow sufficient time for the bomber to be at a
considerable distance away before the bomb threat call is made or the device is
detonated.

HOW TO PREPARE (against Bombing)

The terrorists have developed their plan of attack and the following
procedures are suggested to business and industry for coping with the bomb
threats and actual bombings. Contact the police, fire department and other local
government agencies to determine whether any has a bomb disposal unit. Under
what condition is the bomb disposal unit available. What is their telephone
numbers. How can you obtain the services of the bomb disposal unit in the event
of a bomb threat. Will the said unit assist in the physical search of the building or
ill they only disarm or remove the explosive device. Establish strict procedures
for control and inspection on packages and material entering critical areas.
Develop positive means of identifying and controlling personnel who are
authorized to access to critical areas. Arrange if possible, to have police, fire
representatives with members of your staff, inspect the building for areas where
explosives are likely to be concealed. This may be accomplished by reviewing
the floor plan of the building. During inspection, you should keep particular
attention to rest rooms, storage, crawl areas, trash bins, main switches, etc. It
can give you an idea where a time delayed explosive device or incendiary device
may be concealed. All security and maintenance personnel should be alert to
suspicious looking or unfamiliar persons or objects. Instruct security and
maintenance personnel t make periodic checks of all rest rooms, stairways and
other areas of the building to assure that unauthorized personnel are not hiding
or conducting surveillance of the area. You should assure adequate protection
for classified documents, proprietary information and other records essential to
the operation of your business. A well planted, properly charged device could,
upon detonation, destroy those records needed in day to day operation. Instruct
all personnel especially those at the telephone switchboard in what to do if a
bomb threat call is received.

As a minimum, every telephone operator or receptionist should be trained

to respond calmly to a bomb threat call. To assist these individuals, a bomb
threat checklist should be kept nearby. In addition, it is always desirable that
more than one person listen in on the call. To do this, have a covert signaling
system to a second reception room. A clam response to the bomb threat could
result in getting additional information. This is specially true if the caller wishes to

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avoid injuries or deaths. If told that the building is occupied and can not be
evacuated in time, the bomber may be willing to give more specific information
on the bomb location. Organize and train an evacuation unit consisting of key
management personnel. The organization and training of this unit must be
coordinated with other tenants of the building.

COUNTER BOMB INCIDENTS

PHYSICAL SECURITY PLAN - Physical security measures taken for the

protection of property, personnel, material, facilities and installation against
unauthorized entry, trespass, damage, sabotage or other illegal or criminal act. It
deals with the prevention and is designed to protect against not only bombing
incidents, but a full range of possible attacks. Particular attention must be given
to the third pre-requisite because this is the one area which a law enforcing
organization has the greatest opportunity to deter a bomb incident. If adequate
preventive measures and physical security precautions are established; the
opportunity to obtain explosive and emplace bombs will be reduced. In addition,
an effective bomb threat plan and a well rehearsed procedures for handling
bomb threats and incidents will reduce the chances f a bomb being successfully
detonated.

COUNTER MEASURES AGAINST SABOTAGE BY EXPLOSIVE/

INCENDIARY ARE;

1. PHYSICAL SECURITY EDUCATION

2. USE OF EFFICIENT SECURITY FORCE
3. IDENTIFICATION AND MOVEMENT CONTROL
4. USE OF PHYSICAL SECURITY AIDS
5. DESIGNATION OR RESTRICTED AREAS
6. SEARCHES OF INCOMING VEHICLES
7. EMERGENCY PLANNING
8. GOOD HOUSEKEEPING

BOMB INCIDENT PLAN- A plan providing detailed procedures to be

implemented when a bombing attack is executed or threatened. Elements of this
plan are;

AUTHORITY AND CONTROL

1. WHO WIL BE INCHARGED OF THE INCIDENT?

2. WHERE WILL CONTROL CENTER BE LOCATED?
3. HOW WILL CRITICAL DECISIONS BE MADE?
4. WHO WILL MAN THE CONTROL CENTER?
5. WHAT PRIMARY AND ALTERNATE COMMUNICATION SYSTEM WILL
BE DURING THE INCIDENT?

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 THREAT EVALUATION

1. CHARACTERISTICS OF THE THREATENER SUCH AS AGE, ETHNIC

GROUPING, AND PHYSICAL AND MENTAL CONDITION
2. BACKGROUND NOISES (TELEPHONE THREAT) THAT GIVE
INDICATIONS OF CALLER LOCATION.
3. TARGET IDENTIFICATION, DID THE THREAT INDICATE A VALID
TARGET?
4. TECHNOLOGY; IS THE DEVICE DESCRIBED TECHNICALLY LOGICAL
AND POSSIBLE?
5. ANALYSIS OF RECENT LOCAL BOMBING ACTIVITY. IF THE
EVELUATION OF THE THREAT INDICATES THAT THE THREAT IS
VALID, ACTION IS REQUIRED TO MAINTAIN SAFETY OF
PERSONNEL. SECONDARY CONSIDERATION IS GIVEN TO DAMAGE
REDUCTION.

EVACUATION

A number of factors may influence the decision whether or not to

evacuate. Threat assessment is the primary consideration. Also, the most likely
place for a device to be located is on the exterior of the building. Evacuation to
the outside of the building may increase the danger to personnel. The second
most likely places to conceal a device are those areas of accessibility to the
public, i. e., hallways, lobbies, and restrooms. Evacuation of personnel through
public areas may increase the hazard. Secondary assembly points should be
established in the event the device is located at/near the primary assembly point.

An alternative to total evacuation is partial evacuation, which is effective when

the threat indicates the specific location of the device. Partial evacuation requires
a high degree of planning. Should a device be located, the area around the item
as well as the floors above and below the suspected item should be evacuated
immediately.

SEARCH PROCEDURES

1. WHAT WILL BE SEARCHED?

2. WHAT SEARCH TECHNIQUES WILL BE EMPLOYED?
3. WHO WILL SEARCH?

The search must be thorough, systematic, and quick. The bomb threat
plan should include floor diagrams and room search cards. These expedite
search, prevent duplication of effort, and prevent areas from being overlooked.
The building search should start simultaneously at four places; the exterior
search, public search area, the detailed room search, and the garage search.
The search starts at the lowest part of the building, i.e. basement, garage, or
bottom floor. As the exterior search and public area search teams complete their

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tasks, they will supplement the detailed room search teams in progress. Two-
person teams have proven most effective in searching must areas. Exceptions
would be for search or very large areas such as parking garages and
auditoriums.

Except for the most unusual circumstances for VIP and or presidential
technical security measures, eod/bomb squad and military/police will not be used
to search for reported explosive device in community areas, building and offices.
Rather, such searches must be conducted by designated individuals familiar to
the area and its contents. If an unusual item is found, eod is to neutralize and
evacuate the device for disposal. Law enforcement personnel are to be
employed around the threatened area to control traffic and provide other
regulatory service.

DAMAGE REDUCTION

Damage control techniques include standby of fire and medical services;

disconnection of gas, fuel, and electrical power; evacuation of personnel; and
venting by opening doors and windows to minimize blast damage, and use of
blast attenuation techniques.

REMOVAL

Removal of an improvised explosive device or a suspect item is an eod function.

Under certain conditions where evacuation is impossible or bomb disposal
personnel are not available, it may be necessary for someone to take steps to
remove the ied to an exterior holding area or to neutralize the device. It must be
understood that these procedures should be used ONLY AS A LAST RESORT
AND ONLY ON THE APPROVAL OF THE SENIOR OFFICIALS IN-CHARGE.

DETONATION

If a detonation occurs, it may be necessary to organize rescue teams,

first-aid personnel, and the site security personnel. Likewise course of action
taken must be done such as:

1. secure and control access to the compound/and or building

2. control and extinguish fires
3. search area for secondary explosive device
4. supply immediate first-aid, remove dead and injured from the area
5. secure entire blast scene, including area suspected or known to be the
point of detonation
6. minimize disruption of the blast scene pending investigation. Do not
move or remove any evidence debris, bomb components.
7. Photograph area including known or suspected point of destruction

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 8. If building is safe to enter, shake down area to ensure all classified
materials

BOMB THREAT

It is a message delivered by any means, warning or claiming the presence

of one or more bombs. A bomb threat may or may not specify the location of a
bomb. It may or may not include the time of detonation/ignition. It may or may not
contain an ultimatum related to the detonation/ignition or concealment of the
bomb. Reasonable explanations for receiving a bomb threat:

1. The caller has definitive knowledge or belief that an explosive or

incendiary device has been r will be placed in an area and wants to
minimize personal injury or property damage.
2. The caller wants to create an atmosphere of anxiety and panic which will
in turn, possibly result in a disruption of normal activities at the target area.
3. The caller wants to bring about or amplify a lack of confidence in the
existing leadership or programs.
4. Each threat received through any means of communication, should be
treated as real and must be thoroughly evaluated to safeguard life and
property. The following procedures apply to recipients of the threat;

Telephone calls
1. A checklist of guidelines should be readily accessible (telephone bomb
threat report form)
2. Keep the caller on line as long as possible. Ask him to repeat the
message. Record every word spoken by the person.
3. If the caller does not indicate the location of the bomb or the time of the
possible detonation, you should ask him for this information.
4. Inform the caller that the building is occupied and the detonation of a
bomb could result in death or serious injury to many innocent people.
5. Pay particular attention to peculiar background noises such as motors
running, background music and any other noises which may give clue as
to the location of the caller.
6. Listen closely to voice (male/female), voice quality (calm/excited), accents
and speech impediments, immediately after the caller hangs up, you
should report to the person designated by management to receive such
information. Since the law enforcement personnel will want to talk first
hand with the person who received the call, he/she must remain available
until they arrive.
7. Report the information immediately to the police/fire/bomb squad and
other appropriate agencies or counter-action.

Handwritten/ typed notes

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 Save all materials, including any envelope or container. Once the
message is recognized as a bomb threat, further unnecessary handling must be
avoided. Every possible effort must be made to retain evidence, such as
fingerprints, handwriting r type writing, paper and postal marks which are
essential to tracing the threat and identifying the writer. While written messages
are usually associated with generalized threats and extortion attempts, a written
warning of a specific device may occasionally be received. It should never be
ignored. With the growing use of voice print identification techniques to identify
and convict telephone callers, there will be an increase in the use of written
warnings and calls t third parties.

Person to Person (Indirect)

Notify your supervisor immediately. Keep the person making the threat or
indicating knowledge of a threat under surveillance until relieved by your
supervisor. Take note of the age, height, weight, sex color of eyes, hair, skin,
clothing, and unusual characteristics such as lameness, twitching or any
peculiarities of the person under surveillance. Observe for other personal
defects. If the person leaves the scene, take note of the transportation used,
such as bus, taxi or car, note the make, model, color, plate number and marking
of the vehicles used. Pinpointing the exact location of the bomb must be the
primary concern. The following procedures apply when the location of the bomb
is known:

1. Inform immediately your supervisor or officer

2. Coordinate with the nearest police4 unit on how t avail the services
of the bomb squad
3. Alert fire station and medics
4. Cordon the area.

BOMB IDENTIFICATION AND DETECTION

Usually, bombs that are used for terroristic purposes are disguised and
are contained in any of the following:

GIFT WRAPPED PACKAGES, BISCUIT CANS, FRUIT COCKTAIL

BASKETS, ATTACHE CASE/SUIT CASE, LUNCH BOXES, LAUNDRY
BAGS, SHOPPING BAGS, ENVELOPE, BOOKS, CLUTCH BAGS,
LETTERS, TRASH BOXES, GARBAGE CANS, LADIES BAGS,
CAR/BOXES, CARTONS,

HOW TO DETERMINE IF BOMB EXISTS

1. By using visual inspection without the use of any instrument or apparatus

or touching the suspected object.

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 2. visualize the suspected object at a distance t see if there is any relation or
connection to its surroundings. If none, take a closer look to see if there is
or there are protruding wires or gadgets;
3. check without touching if the suspected object emits smell of gas or
commonly smelled chemicals;
4. check if the presence of the suspected object in the area is unusual or
strange;
5. be quiet and listen if there is a tic-tac sound of a clock

LOCATION OF BOMBS

1. The location of the bomb at the target site is usually determined by three
criteria:
2. The location must be accessible to entrances.
3. The location must be accessible to exits, but isolated enough for the
bomber to conduct his mission.
4. The location would also be as place where the most structural damage to
the building would occur.

WHAT TO DO IF THE SUSPECTED BOMB IS LOCATED

Discovery of what appears to be suspicious material as a result of
telephoned information or accidental discovery, calls for action on the part o the
individual only to a limited extent. Evacuate the personnel to at least 300 feet
away from the building/bomb. Turn off the electrical and gas units. N attempts
should be made to move, alter, open or examine the article. Above all “Don’t
panic”. Once it has been determined that explosive items on inspected package
exist and while awaiting for the arrival of eod/bomb squad personnel, start the
protective works by utilizing minimum number of person for reason of safety such
as VENTING – which is the opening of doors and windows to minimize the blast
effect; BUTTRESSING – which is sandbagging adjacent walls to prevent blast
and shock damage to adjacent rooms and BAFFLING – which is the placing of
sandbags around the bomb to minimize blast fragment damage.

METHODS OF DELIVERY - Mail, Planted (booby trapped), Thrown, Projected,

Delivered by agents

WHAT TO DO WHEN BOMB EXPLODED - Alert personnel for possible

additional bombs, secure bombing scene and evacuate the injured, leave
obviously dead personnel, when fire occurs after explosion, assist in putting off
the fire and collect and preserve evidence.

DON’T’S IN HANDLING SUSPECTED BOMB PACKAGE

1. Do not attempt to open the package.

2. Do not submerge in water due to conductivity f electric circuit and the
possibility of violent reaction of chemical.

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 3. Do not indiscriminately shake or jar suspected package due to the
possibility of disturbing the trigger mechanism.
4. Do not puncture or cut the box with metallic object as the possibility of an
electronic probe may be employed.
5. Do not cut string or unwrap package due to the possibility of pressure
release type devices
6. Do not accept identification markings on any suspected packages as
legitimate
7. Do not allow radio transmission near the vicinity f suspected package,
explosion may occur due to static electricity by transmitter.
8. Do not pass metallic tools or things over or near the vicinity of suspected
package until identification f contents are made due to magnetic device
present
9. Do not switch on lights or any electrical switches just to light up the area
10. Do not use siren of police, fire or ambulance in the area.
11. Do not use photoflash in the immediate area
12. Do not underestimate the size of the package like a pack of cigarette or a
lighter; it could be a powerful explosive. Above all, do not panic.

THREE CHARACTERISTICS OF A BOMBER

ON PSYCHOLOGY
 Several forms of bombings are attractive to the radical mind.
 Bombing historically is linked to anarchy and classical revolution
 Bombing is a symbol of extreme frustration
 Satisfying feeling of conspiracy, danger, action, drama and finally
group excitement
 Disassociation psychologically from any resulting death or injury

AS TO TECHNOLOGY
 Commercial explosive materials are not necessary to construct
effective bombs.
 Underground literatures and legitimate publications are available
 Contrary to popular beliefs, college of high school students taking up
chemistry subjects have the capability of making bombs.

AS TO SECURITY
 Successful bombings destroy the kind of evidence that can lead to
conviction of bombers.
 Fingerprints, bloodstains and tool marks offer no threat to the careful
bombers.
 Eyewitnesses and incriminating evidence are frequently not available
in bombing scene.

BOMBER SKILL MOTIVATING FACTORS OF

LEVEL A BOMBER

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 Amateur Experimentation
Semi- Vandalism
professional Ideological perception
Professional Emotional release
Profit

SPECIAL WEAPONS AND TACTICS (SWAT): Tactical Crisis Management

Tactical Crisis Management

SWAT Teams

SWAT teams are highly trained police units. A unit is a small group within
a larger group. SWAT stands for Special Weapons and Tactics. Tactics are
actions aimed at solving problems. SWAT team members are weapons and
tactics specialists. A specialist is a person trained for a particular job. SWAT
team members use their special weapons, tactics, and training to protect the
public. They handle police emergencies. An emergency is a sudden and risky
situation. Police send SWAT teams to any kinds of police emergencies. The
emergencies often involve one or more heavenly armed suspects. A suspect is a
person believed to have committed a crime. SWAT teams work on hostage
situations. A hostage is a person held against his or her will. SWAT teams
perform many jobs. They come to robberies that are in progress. They help
guard government officials. They help stop terrorists. A terrorist is a person who
tries to get what he or she wants by threatening or harming others. SWAT teams
also patrol high-crime areas.

SWAT Team Names

SWAT teams can be part of city, county or state law enforcement

agencies. A law enforcement agency is an office or department that makes sure
people obey laws. Police department and sheriffs departments are examples of
law enforcement agencies. Law enforcement agencies use different names for
their SWAT teams. The names include Emergency Service Unit and Emergency
Response Team. They also include Mobile emergency Response Group and
Equipment (MERGE) and Tactical Response Team.

SWAT Team Beginnings

The New York Police Department (NYPD) had one of the earliest specially
trained police units. In the mid-1880s, the NYPD set up small units of police
officers. The department called these units strong-arm squads. The squads
fought criminal gangs. Police clubs were their only weapons. By the
1920s, criminal gangs had grown in size and power. The gangs bought

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handguns, rifles and submachine guns. A submachine gun is a light gun that fires
rapidly. The criminal gangs fought one another on New York City streets. Many
innocent people died. In 1925, the NYPD formed the Emergency Service Unit
(ESU). The department also formed the Gunman’s Squad as part of the unit. The
squad included 60 heavily armed police officers. The officers had handguns,
rifles and submachine guns. They worked on cases involving criminal gangs.
They patrolled the city in green trucks. Other large police departments formed
early SWAT team units. These units also worked to stop criminal gangs.

Growth and Change

The Gunman’s Squad is a good example of how the early SWAT teams
grew and changed. This squad became the Mobile Security Unit (MSU) in the
late 1940s the new unit larger than the old unit. It continued to fight criminal gang
activity. The MSU changed in the late 1960s. More people lived in New York City.
The number of murders and robberies increased. The MSU formed the Stakeout
Squad to fight the increase in crime. The NYPD’s best police officers joined the
Stakeout Squad. Each member was a skilled police officer and marksman. A
marksman is a person skilled and aiming and shooting guns. The Stakeout
Squad work on difficult cases. It helped the NYPD lower the number of murders
in the city. In the 1970s, Stakeout Squad officers learned new skills. They
learned anti-terrorist tactics and special weapons skills. Officers also learned how
to rescue hostages. The skills helped them fight terrorists. In the 1980s, the
squad was taken over by the Emergency Service Unit. Today, this unit controls
all NYPD SWAT operations.

The LAPD SWAT TEAM

The Los Angeles Police Department (LAPD) changed law enforcement

around the country in the 1960s. Los Angeles police officers found themselves
outgunned by criminals. The criminals had powerful weapons. So the LAPD
formed a specially trained and armed police unit to protect people. The LAPD
named the unit the Special Weapons and Tactics (SWAT) team. Team members
received special weapons training. They also learned how to handle police
emergencies. The team was very successful. Other police and sheriffs
departments saw the success of the Los Angeles Police Department’s SWAT
team. Many departments formed their own SWAT teams. Today, special training
centers in the United States train and organize many SWAT teams. The centers
teach SWAT team members tactics and weapons skills.

SWAT Team Officers

There are more than 17,000 police departments in the United States.
Many have either full-time or part-time SWAT teams. Many SWAT team officers
work more than 40 hours each week. Most officers are on call 24 hours a day.
On call means ready to work at anytime. SWAT team officers perform hard and

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risky work. They risk their lives each time they go out on a police emergency.
Police officers are not ordered to join SWAT teams. Instead, they volunteer.
Volunteer means to offer to do a job.

Training

SWAT team officers receive special training. Large police departments

usually conduct their own training. Officers in small units receive SWAT training
from large units and from training centers. The federal government also trains
large and small SWAT teams. The FBI operates an advanced training school at
Quantico, Virginia. The U.S. Army and U.S. Marine Corps also conduct training
classes. During training, officers learn through classes and field work. Officers
learn about different weapons and practice using them. Officers also receive
other training. Many officers learn advanced first aid. First aid is early medical
help. Some officers learn to be sharpshooters. A sharpshooter is a marksman
skilled at hitting small or distant targets. Some officers learn to handle and use
tear gas. Tear gas is a gas that causes a painful burning feeling in the eyes and
lungs. Tear gas disable suspects. Other officers learn communication skills.
Communication is the sharing of information. Communication allows officers to
calm suspects by talking to them.
Special Teams

Most SWAT teams include three kinds of smaller specialized teams. They
include negotiator teams, containment teams, and entry teams. Each team
performs a different kind of job. Sometimes only one specialized team works on
an emergency. Other times, all three teams work together.

Negotiator Teams

Negotiators are communication experts. They listen and talk to suspects

during police emergencies. Negotiators use words to reason with suspects and
solve problems. They often work on hostage situations. They try to convince
suspects to free their hostages and surrender. Surrender means to give up
peacefully. Negotiators have to be calm. They must think carefully about each
word they say. They do not want to upset a suspect. This could cause a suspect
to harm hostages. Negotiators may spend hours talking with suspects.
Sometimes they use phones and talk from a safe distance. Other times they talk
with suspects in person. In these cases, suspects will often talk only if
negotiators do not have weapons.

Containment Teams

Containment teams control and contain crime scenes. Contain means to

hold in. they make sure innocent people do not become involved in situation.
They also make sure that suspects do not escape. Containment officers make
observations and report what they see to their leaders. Sometimes they have to

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shoot at suspects. Containment officers take different positions at a crime scene.
They choose locations that help them see what is happening. Some may crouch
on rooftops. Some may stand in doorways. Others may take positions behind
cars. Containment officers are patient. They control their emotions while under
pressure. Containment officers also think carefully before they shoot. Careless
shots could not hurt innocent people or lead to deadly shoot-outs.

Entry Teams

Entry teams enter and search buildings. Their job is of find and captures
suspects in the buildings. They also try to locate and rescue hostages.
Sometimes entry team officers must secure crime scenes. This means they
prevent suspects from harming others or killing themselves. Entry team officers
also prevent suspects from escaping or destroying evidence. Evidence is facts
or objects that help prove guilt. Entry team officers can break through locked or
barricaded entrances quickly. Barricaded means blocked. The officers use tools
to break windows and push through doors. Quick entries allow officers to catch
suspects off guard. This makes entry operations safer.

SWAT TEAMS OPERATIONS

All swat teams try to resolve police emergencies as quickly and safely as
possible. They want to capture suspects without harming the public, hostages,
or the suspects. SWAT teams work carefully during their operations to reduce
chances of harm or death. SWAT teams use different tactics to reach these
goals. They try peaceful tactics first.

Peaceful Tactics

Waiting is one peaceful tactics SWAT teams use. SWAT teams

sometimes wait for hours before they take more forceful action. Waiting gives
suspects a chance to think about what they are doing. SWAT teams try to
resolve police emergencies with peaceful tactics. It also suspects time to think
about what may happen to them. Sometimes suspects surrender after they have
time to think. Persuasion and negotiation are other tactics SWAT teams use.
Persuasion is trying to change a person’s mind. Negotiation is talking to reach
an agreement. The goal of these tactics is to talk suspects into surrendering
without harming others. Many times, SWAT teams use other tactics in
combination with persuasion and negotiation. For example, teams may cut the
heat or air. They may constantly ring doorbells or call suspects on the phone.
These tactics make the suspects nervous. Sometimes they make criminals more
willing to surrender.

Forceful Tactics

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 SWAT teams change their tactics if more force is needed. They use
forceful tactics when negotiation and persuasion tactics fail. They also use
forceful tactics if the lives of hostages and officers are in danger. Forceful tactics
include the use of tear gas. Forceful tactics include using tear gas, storming
buildings, and attacking with sharpshooters. Tear gas is the least forceful of
these tactics.

Tear Gas

SWAT team officers often use tear gas as their first forceful tactic.
Officers shoot cans of tear gas through windows and doorways with tear gas
guns. The tear gas makes suspects’ eyes burn and swell. The suspects have a
hard time breathing in rooms filled with the tear gas. Tear gas often disables
suspects. This allows officers to arrest suspects safely. Other times, tear gas
forces suspects to surrender.

Entering a Building

Sometimes officers must enter buildings to try to capture suspects. Entry

teams meet at a staging are before entering a building. A staging area is a safe
area near a building that officers plant to enter. Entry team members check their
equipment and weapons at staging areas. They also go over their plans for
entry. Next, the entry teams enter buildings. They must often break through
barricaded doors and windows. Once inside, officers search rooms and
hallways. They search until they locate suspects and hostages. Entry team
officers try to capture and disarm suspects. Disarm means to take away a
person’s weapons. Many times suspects surrender when they see entry teams.
Sometimes suspects shoot at the officers. The officers shoot back. Entry team
officers often turn captured suspects over to arrest teams. Arrest teams arrest
captured suspects. They make sure nothing goes wrong during arrest. They
may also help hostages out of buildings.

Sharp shooting Teams

Sharpshooters may have to shoot suspects. This may become necessary

if suspects try to harm hostages, officers, or innocent bystanders. Sharpshooters
may receive orders to shoot suspects in these situations. Many SWAT units have
sharp shooting teams. Each team includes two officers. One officer works as an
observer. The other works a sharpshooter.

Sharp shooting Team Operations

Sharp shooting teams choose locations that give them clear views of
suspects. Both members examine crime scenes from their location. Observers
provide information about suspects to sharpshooters and SWAT team leader.
The information includes descriptions of suspects, their weapons, and their

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positions in buildings. Observers’ information helps sharpshooters make sure
they do not shoot at innocent people. Sharpshooters stay calm and keep their
weapons aimed at suspects. Orders to shoot a suspect can come at any time
during an operation.

Special Weapons

SWAT team officers use special weapons. Many of the weapons are
powerful guns. At crime scenes, the weapons help the officers protect
themselves and capture suspects. But SWAT team members do not use their
weapons unless peaceful tactics fail. Different weapons are useful in different
situations. Some weapons are useful in short-range situations. Other weapons
are useful in long-ranger situations.

Stun Guns and Rubber Bullets

Sometime SWAT team officers use impact weapons. Impact weapons

disable suspects. SWAT team officer use powerful weapons. Sometimes SWAT
team officers use submachine guns. Without killing them. These weapons fire
rubber or plastic bullets. Using impact weapons reduces the risk of harm to
hostages and the public. Sometimes officers use stun guns. A stun gun is a
device that delivers an electric shock. The shock stuns suspects.

Semi – automatic Handguns

Most SWAT team officers carry semi – automatic handguns. A semi –

automatic handgun is a powerful gun that fires bullets quickly. These handguns
are short –range weapons. They work best for targets within 25 yards (23
meters). Semi – automatic handguns hold 14 to 17 rounds in each magazine. A
round is a bullet. A magazine is a metal or plastic case that fits inside a gun.
Magazines allow officers to reload their handgun quickly.

Shotguns

Sometime SWAT team officers use shotguns. A shotgun is a powerful

gun wit a long barrel. Shotguns are mainly short-range weapons. They may be
single-shot or semi-automatic weapons. Shotguns fire large bullets called shells.
SWAT teams often use the Benelli M3 Super 90 shotgun. This shotgun is a
semi-automatic. It holds up to seven shells stored in a magazine.

Submachine Guns

SWAT teams use submachine guns during shootouts with heavily armed
suspects. Submachine guns fire rapidly but are not easy to aim. SWAT team
submachine guns can fire single or multiple rounds. They fire multiple rounds in
short and long bursts. A short burst is a quick series of two or three rounds. A

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long burst is a quick series of four to eight rounds. Many SWAT teams use the
Heckler and Koch MP-5 submachine gun. Most MP-5 can fire 30 shots in just
two seconds.

Standard Rifle

SWAT teams use different rifles in different situations. Rifle gives officers
dependable aim, firepower, and range. The M-16 is the standard SWAT team
rifle. The M-16 is light. This makes it easy to carry and use. The M-16 has a
dependable range of 50 to 200 yards (46 to 183 meters). Each magazine for the
M-16 holds up to 30 rounds. These features make the rifle useful in many
situations.

High-Powered Rifles

SWAT team officers use high-powered rifles for long-distance shooting.

Containment officers and sharpshooters use high – powered rifles to improve
their shots. High-powered rifles fire high-powered rounds. They are large rifles
with long barrels. They have telescopes on them. A telescope is an instrument
that makes distant objects seem larger and closer. Telescopes help
sharpshooters aim their rifles. High-powered rifles have ranges up to several
hundred yards. Fifty-caliber rifles are the largest high-powered rifles SWAT
teams use. These rifles weigh up to 40 pounds (18 kilograms) and are at least
five feet (1.5 meters) long. The rifles shoot rounds powerful enough to punch
through metal and concrete. Officers use these rifles to shoot at suspects inside
buildings.

Equipment and Dogs

SWAT team officers use different kinds of equipment. The equipment

ranges from clothing to helicopters. Officers also work with police dogs. The
dogs and equipment help make SWAT team operations easier and safer.

Uniforms

Many SWAT team officers wear black or dark blue uniforms. During
operations, the uniforms help SWAT team officers identify each other.
Sometimes SWAT team officers wear camouflage uniforms. Camouflage
uniforms have coloring that makes officers blend in with their surroundings.
Many camouflage uniforms are green and brown. These uniforms help officers
stay hidden from suspects.

Armored Vests and Shields

All SWAT team officers wear armored vest. Armor is a protective

covering. Armored vests can protect officers from gunshots. Officers wear two

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kinds of armored vests. One kind fits over uniforms. The other kind fits over
uniforms. The other kind fits under uniforms. Entry team officers often use
armored shields in addition to their armored vests. The shields are made of
lightweight armor. They provide added protection against gunshots and small
explosions.

Goggles and Gas Masks

Many SWAT team officers wear goggles. Goggles are protective glasses
that fit tightly around the upper face and eyes. They protect officers’ eyes from
dirt, dust, and smoke. Some SWAT teams use night vision goggles. Night vision
goggles let SWAT team officers see in the dark. The goggles are useful during
night operations or inside dark buildings. SWAT team officers wear gas masks
when they use tear gas. A gas mask keeps a person from breathing gas. Gas
masks help entry teams work in areas where tear gas is present.

Entry Tools

Entry team officers often need tools to get into barricaded buildings. Basic
tools include ropes and ladders. Tools can also include battering rams,
sledgehammers, and axes. A battering ram is a heavy metal tube. Officers use
battering rams to force open doors. Entry teams recently started using small
amounts of explosives. The explosives can blow holes in doors and walls. But
the explosives present little danger to SWAT team members and suspects.

Helicopters

Some SWAT teams use helicopter. Helicopters carry SWAT teams to

emergencies located in hard to reach places like rooftops. Helicopters also let
officers examine crime scenes from the air. This helps them plan their
operations.

Walkie Talkies and Telephone

Communications is important to SWAT team officers. Officers often use

walkie talkies. Walkie talkies are small two-way radios. Officers use walkie
talkies to tell each other what is happening during operations. Sometimes SWAT
teams use telephones to talk with suspects. Telephones also let team member
speak to other people during operations.

Swat Team Dogs

Many large SWAT teams use police dogs. Police dogs work with some
SWAT officer as K-9 teams. K-9 is short for canine. Canine means dog. Most
police dogs are German shepherds. Police dogs help officers find suspects. The
dogs follow suspects’ scents to the suspects’ hiding places. Police dogs also

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chase and stop escaping suspects. They often stop suspects by biting the
suspects’ arms and legs.

Facing the Risks

SWAT team duty is challenging and risky work. Officers risk death each
time they work on a police emergency. Many officers volunteer for SWAT team
duty because they like challenge and excitement. But most SWAT team officers
volunteer because they want to protect the public.

JUVENILE DELINQUENCY & CRIME PREVENTION

DEFINITION OF TERMS

ABANDONMENT - The most common legal grounds for termination of

parental rights, also a form of child abuse in most states. Sporadic visits, a few
phone calls, or birthday cards are not sufficient to maintain parental rights.
Fathers who manifest indifference toward a pregnant mother are also viewed as
abandoning the child when it is born.

ABUSE - Term for acts or omissions by a legal caretaker. Encompasses a

broad range of acts, and usually requires proof of intent.

ADJUDICATION - The phase of a delinquency hearing similar to a "trial"

in adult criminal court, except that juveniles have no right to a jury trial, a public
trial, or bail. 

ADMINISTRATIVE PROCEDURE - Any of the processes involving

enforcement of care, custody, or support orders by an executive agency rather
than by courts or judges.

ADOPTION - A legal relationship between two people not biologically

related, usually terminating the rights of biological parents, and usually with a trial
"live-in" period. Once an adoption is finalized, the records are sealed and only
the most compelling interests will enable disclosure of documents.

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 BEST INTERESTS OF THE CHILD RULE - Legal doctrine establishing
court as determiner of best environment for raising child. An alternative to the
Parens Patriae Doctrine.

BREED v. JONES (1975) - Case allowing second prosecution in adult

court for conviction in juvenile court, based on idea that first conviction was a
"civil" matter.

CASE LAW - Law established by the history of judicial decisions in cases

decided by judges, as opposed to common law which is developed from the
history of judicial decisions and social customs.

CHILD PROTECTION ACTION - The filing of legal papers by a child

welfare agency when its investigation has turned up evidence of child abuse.
This is a civil, rather than criminal, charge designed to take preventive action (like
appointment of a Guardian ad litem) for at-risk children before abuse occurs.

CHILD SUPPORT – the act of being responsible for enforcing child

support obligations.

CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law

allowing courts to take extraordinary steps in protecting the emotional health of
any child called to testify in a courtroom.

CHINS (CHild In Need of Supervision) - A term applied to status

offenders adjudicated in juvenile court.

CIVIL PROTECTION ORDER - A form of protective custody in which a

child welfare or police agency order an adult suspected of abuse to leave the
home.

CUSTODIAL CONFINEMENT - Court order for placement in a secure

facility, separate from adults, for the rehabilitation of a juvenile delinquent.

DELINQUENCY PROCEEDING - Court action to officially declare

someone a juvenile delinquent. A "delinquent" is defined as under the age of
majority who has been convicted in juvenile court of something that would be
classified as a crime in adult court.

DEPENDENT - Anyone under the care of someone else. A child ceases to

be a dependent when they reach the age of emancipation.

DeSHANEY v. WINNEBAGO COUNTY (1989) - Case limiting extent by

which government exercises parens patriae power.

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 DISPOSITION - Phase of delinquency proceeding similar to "sentencing"
phase of adult trial. The judge must consider alternative, innovative, and
individualized sentences rather than imposing standard sentences.

DIVERSION - An alternative to trial decided upon at intake to refer the

child to counseling or other social services.

EMANCIPATION - Independence of a minor from his or her parents

before reaching age of majority.

EQUAL PROTECTION – A clause requiring government to treat similarly

situated people the same or have good reason for treating them differently.
Compelling reasons are considered to exist for treating children differently.

FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing

unemancipated children from suing their parents.

FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for

injuries caused by a child's negligent driving or other actions.

FOSTER CARE - Temporary care funded via Federal-State pass-through

and arranged by a child welfare agency in order to allow receipt of adequate
food, clothing, shelter, education, and medical treatment for anyone raising a
child that is not their own.

GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring

to adults who look after the welfare of a child and represent their legal interests.

GUARDIANSHIP - Court order giving an individual or organization legal

authority over a child. A guardian of the person is usually an individual and the
child is called a ward. A guardian of the estate is usually an organization, like a
bank, which manages the property and assets of a child's inheritance. Guardians
are usually compensated for their services.

ILLEGITIMACY - Being born to unmarried parents. The law assumes

legitimacy via a married mother's husband, whether or not this is the true father.
Illegitimacy status limits inheritance rights.

IN LOCO PARENTIS - Teachers, administrators, and babysitters who are

viewed as having some temporary parental rights & obligations.

IN RE GAULT (1967) – (US) - Case that determined the Constitution

requires a separate juvenile justice system with certain standard procedures and
protections, but still not as many as in adult systems.

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 INTAKE - Procedure prior to preliminary hearing in which a group of
people (intake officer, police, probation, social worker, parent and child) talk and
decide whether to handle the case formally or informally.

JUDGMENT - Any official decision or finding of a judge or administrative

agency hearing officer upon the respective rights and claims of parties to an
action; also known as a decree or order.

KENT v. U.S. (1966) - Case requiring a special hearing before any

transfers to adult court.

MATERNAL PREFERENCE RULE - Legal doctrine granting mothers

custodial preference after a divorce.

NEGLECT - Parental failure to provide a child with basic necessities when

able to do so. Encompasses a variety of forms of abuse that do not require the
element of intent.

PARENS PATRIAE - Legal doctrine establishing "parental" role of state

over welfare of its citizens, especially its children. A 19th century idea first
articulated in Prince v. Massachusetts (1944).

PAROLE - Release of a juvenile delinquent from custodial confinement

prior to expiration of sentence; sometimes called aftercare.

PATERNITY - Result of lawsuit forcing a reluctant man to assume

obligations of fatherhood. Blood and DNA tests showing a 98 or 99 percent
likelihood are the standard. Laws vary widely in terms of statutes of limitations
and when paternity actions will not be allowed (estoppel).

PLEADING - In juvenile court, a plea of "not guilty" will move the case to
adjudication, and a plea of "guilty" or "nolo contendere" will result in waiver of the
right to trial. State procedures vary widely in how intelligent and voluntary pleas
are accepted.

PRELIMINARY HEARING - The bringing of a juvenile before a magistrate

or judge in which charges are formally presented. Similar to an arraignment in
adult court, and also called "advisory hearings" or "initial appearances" in some
state juvenile justice systems.

PREVENTIVE DETENTION - Keeping a juvenile in custody or under a

different living arrangement until the time when an adjudication can take place.
Upheld in Schall v. Martin (1984), but the right to speedy trial requires the
dropping of charges if an unreasonable amount of time is spent in preventive
detention.

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 PROTECTIVE CUSTODY - Emergency, temporary custody by a child
welfare agency, police agency, or hospital for reasons of immanent danger to the
child. A hearing must be held for the benefit of the parents within a few days.

PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting

custody to the parent whom the child feels the greatest emotional attachment to.

RESTITUTION - A disposition requiring a defendant to pay damages to a

victim. The law prohibits making restitution a condition of receiving probation.
Poor families cannot be deprived of probation simply because they are too poor
to afford restitution. Some states do not allow families to pay restitution.

RULE OF SIXTEEN – (US) - Federal and state laws that prohibit anyone
under age 16 from employment.

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

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

STATUS OFFENSE - An activity illegal when engaged in by a minor, but

not when done by an adult. Examples include truancy, curfew, running away, or
habitually disobeying parents.

STEPPARENT - A spouse of a biological parent who has no legal rights or

duties to the child other than those which have been voluntarily accepted.

SURROGATE PARENT - A parent who provided an egg, sperm, or uterus

with an intent of giving the child up for adoption to specific parties.

TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is

"unfit", very young children should be placed in custody with their mother
following a divorce.

TERMINATION HEARINGS - Process for legally severing the parent-child

relationship. Initiated by the filing of a petition in family court, and almost always
brought forth by a child welfare agency. Requires a finding of "unfitness" and a
determination of the best interests of the child.

UNFIT PARENT - A temporary or permanent termination of parental rights

in the best interest of the child usually for reasons of abandonment, abuse, or
neglect, but also including mental illness, addiction, or criminal record. Poverty
alone and character flaws are prohibited by law from being indicators of
"unfitness".
ENVIRONMENTAL FACTORS TO DELINQUENCY

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 Families, peers, schools, and socioeconomic status are all social factors
that are examined in many of the causal theories.  Demographics and the
relationships one has in society are also examined in some of the explanatory
theories.  Families are important to consider when we explain juvenile
delinquency. The family unit is crucial to a child's development and healthy
upbringing. In addition, much of what a child learns is through their family or
guardians. A criminal parent can teach their child adverse lessons about life
when their child views or witnesses their parent's delinquent behavior.  Peers can
also teach an adolescent or child criminal behavior just as the family member
can. Family members and peers can also cause delinquent patterns of behavior
by labeling  their child as delinquent. This is somewhat of the "if the shoe fits,
wear it" saying. If a child feels as though they are viewed as delinquent, then they
will act as such and find a sense of self-esteem by doing so. 

Even though the family and peers (as well as the school) can influence a
juvenile to participate in crime, the decision still rests on their shoulders. Some
theorists argue that participation in crime is a  rational choice  and that the
rewards and consequences are carefully calculated out by the individual. The
choice to commit a crime can by influenced by many factors, including the ones
that I outlined here. However, if a juvenile has many ties or bonds to members in
society, they are less likely to make the choice to commit a crime for fear of
ridicule, embarrassment, or scorn from those they associate with.  The
demographic characteristics of a person's living environment can also be a
contributing factor to criminal patterns of behavior. Adverse living conditions and
a crime-prone neighborhood can lead to criminal activity. There are also various
structural theories that can put juvenile delinquency in a context of better
understanding.

In order to simplify the environmental sources of delinquency, the

following are considered:

FAMILY BACKGROUND

The Home - The family or the home is one of the most influential
environmental factors that would lead a person to either a law abiding or a
criminal. It is said that the home is considered as the “cradle of human
personality” for in it the child forms fundamental attitudes and habits that endure
through out his life.

The kind of conscience the child develops depends largely upon the kind
of parents he has. The parents are the most influential persons in the family
when they give love, attention, guidance, security, standards and all other things
that the child needs, the children are the mirror of the home for they reflect what
the home look like. Thus, a child who was provided with love, attention,
guidance, security, standards and all other things he needs comes to regard

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people as friendly, understanding, dependable, loyal, and worthy of his respect
and admiration. On the other hand, if he experienced cold, despairing, rejecting,
neglectful, and cruel environment in the home, most likely he will learn to distrust,
disobey, dislike and even to hate people (Tradio, 1983).

Given a home, the child tends to become law abiding if the following
conditions are met:

1. The Child is loved and wanted and knows it.

2. He was helped to grow up by not having too much or too little done for
him.
3. He is part of the family; he has fun with the family he belongs.
4. His early mistakes and badness are understood as a normal part of
growing and he is corrected without being hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his sisters and
brothers.
7. The family sticks together with understanding and cooperation.
8. He is moderately and consistency disciplined.

The family is the primary institution that molds a child to either a law-
abiding person or a delinquent. The effects of pathological social relations in the
home are to a great extent influence anti- social behaviors. This means that the
home can be a potent force of either good or evil.

(See Discussion of the Pathogenic Family structures)

THE BROADER SOCIAL PROCESS

Bad Neighborhood - refers to areas or places in which dwelling or

housing conditions are dilapidated, unsanitary, and unhealthy which are
detrimental to the moral, health, and safety of the populace. It is commonly
characterized by overcrowding with disintegrated and unorganized inhabitants
and other close relatives. Most inhabitants in a bad neighborhood are
experiencing economic difficulties, alcoholism, substance abuse, gambling and
many other problems in life. This connotes that bad neighborhood is the habitat
of bad elements of society by reason of anonymity because the situation is so
conducive for the commission of crimes. Bad elements prefer to dwell in such
community not only because of the sense of anonymity among its members but
also because they are not welcome in decent places.

The School - Part of a broader social process for behavior influence is the
school. It is said that the school is an extension of the home having the strategic
position to control crime and delinquency. It exercises authority over every child
as a constituent. The teachers are considered second parents having the
responsibility to mold the child to become productive members of the community

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by devoting energies to study the child behavior using all available scientific
means and devices in an attempt to provide each the kind and amount of
education they need. The school takes the responsibility of preventing the feeling
of insecurity and rejection of the child, which can contribute directly to
maladjustment and to criminality by setting up objectives of developing the child
into a well-integrated and useful law-abiding citizen. The school has also the role
of working closely with the parents and neighborhood, and other community
agencies and organizations to direct the child in the most effective and
constructive way.

However, the school could be an influence to delinquency and criminality

when teachers are being disliked for they are too cross, crabby, grouchy, never
smile, naggers, sarcastic, temperamental, unreasonable, intolerant, ill mannered,
too strict, and unfair. Conditions like these makes the students experience
frustration, inadequacy, insecurity, and confusion, which are most of the time the
“kindergarten of crime”. In short, next to parents the teachers stand as foremost
in their influence to human behavior.

The Church - Religion is a positive force for good in the community and
an influence against crime and delinquency. The church influences people’s
behavior with the emphasis on morals and life’s highest spiritual values, the
worth and dignity of the individual, and respect for person’s lives and properties,
and generate the full power to oppose crime and delinquency. Just like the family
and the school, the church is also responsible to cooperate with institutions and
the community in dealing with problems of children, delinquents and criminals as
regardless to the treatment and correction of criminal behaviors.

The Police - is one of the most powerful occupation groups in the modern
society. The prime mover of the criminal justice system and the number one
institution in the community with the broad goals maintaining peace and order,
the protection of life and property, and the enforcement of the laws. The police is
the authority having a better position to draw up special programs against crime
because it is the very reason why the police exist. That is to protect the society
against lawless elements since they are the best equipped to detect and identify
criminals. The police is the agency most interested about crime and criminals
and having the most clearly defined legal power authority to take action against
them.

Government and Other Components of the CJS - The government and

the other components of the criminal justice system are the organized authority
that enforces the laws of the land and the most powerful in the control of people.
Respect for the government is influenced by the respect of the people running
the government. When the people see that public officers and employees are
the first ones to violate the laws, people will refuse to obey them, they set the first
ones to follow and create an atmosphere conductive to crime and disrespect for

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the law. In this regard, the government itself indirectly abets the commission of
crimes.

Non-Government Organizations (NGOs) - The group of concerned

individuals responsible for helping the government in the pursuit of community
development being partners of providing the common good and welfare of the
people, these non-government organizations are good helpers in providing the
required services, thus preventing criminality and maintain order.

The Mass Media - The media is the best institution for information
dissemination thereby giving the public necessary need to know, and do help
shape everyday views about crime and its control.
CONCEPTS OF JUVENILE DELINQUENCY

Delinquency in General

Delinquency refers to any action; course or conduct that deviates from

acts approved by the majority of people. It is a description of those acts that do
not conform to the accepted rules, norms and mores of the society (sociological
definition) Delinquency, therefore, is a general term for any misconduct or
misbehavior that is tantamount to felony or offense. It is, however distinct from
crime in the sense that the former may be in the form of violation of law,
ordinance or rule but it is punishable only by a small fine or short-term
imprisonment or both. Legally speaking, delinquency means the failure to
perform an act required by law, or the non-performance of a duty or obligation
that is mandated by existing law or rule.

Juvenile Crime

Juvenile Crime, in law, term denoting various offences committed by

children or youths under the age of 18. Such acts are sometimes referred to as
juvenile delinquency. Children's offences typically include delinquent acts,
which would be considered crimes if committed by adults, and status offences,
which are less serious misbehavioral problems such as truancy and parental
disobedience. Both are within the jurisdiction of the juvenile court; more serious
offences committed by minors may be tried in criminal court and be subject to
prison sentences. In law, a crime is an illegal act committed by a person who
has criminal intent. A long-standing presumption held that, although a person of
almost any age can commit a criminal act, children under 14 years old were
unlikely to have criminal intent. Many juvenile courts have now discarded this
so-called infancy defense and have found that delinquent acts can be
committed by children of any age.

Juvenile Delinquency

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 The term juvenile delinquency is used to describe a large number of
disapproved behaviors of children or youths. In this sense, almost anything that
the youth does which others do not like is called juvenile delinquency. However,
criminologist suggested the following factors of juvenile delinquency:

1. Juvenile delinquency includes the behavior specifically defined as

delinquent according to the various existing laws and ordinances
concerning children or youth.
2. The definition of juvenile delinquency must take into account the social
reality that reflected through the media. Books, movies and television
help people to define a particular reality for them. If the media
systematically portrays particular behavior as delinquent, they often
come to be accepted as real.
3. While almost all children engage in behavior that is in violation of
juvenile codes and laws, we believe that ultimately, juvenile
delinquents refers to youths who have been successfully defined as
delinquents.

In a more specific view, acts of juvenile delinquency include violation of

laws such as those defined by juvenile codes and laws.

The Delinquent Person

A delinquent person is one who repeatedly commits an act that is against

the norms or mores observed by the society. When a person habitually commits
an act that is not in accordance with the rules or policies of a community where
he belongs, he is considered a delinquent.

The Juvenile Delinquent

Juveniles are young people who are regarded as immature or one whose
mental as well as emotional faculties are not fully developed thus making them
incapable of taking full responsibility of their actions. In legal points, the term
juvenile is a person subject to juvenile court proceedings because of a statutorily
defined event or condition caused by or affecting that person and was alleged to
have occurred while his or her age was below the specified age limit.

Brief History of Juvenile Delinquency

The harsh beginning - Children were viewed as non-persons until the
1700's. They did not receive special treatment or recognition. Discipline then is
what we now call abuse.

There were some major assumptions about life before the 1700's. The first
assumption is that life was hard, and you had to be hard to survive. The people
of that time in history did not have the conveniences that we take for granted. For
example, the medical practices of that day were primitive in comparison to

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present-day medicine. Marriages were more for convenience, rather than for
child-bearing or romance. The second assumption was that infant and child
mortality were high. It did not make sense to the parents in those days to create
an emotional bond with children. There was a strong chance that the children
would not survive until adulthood.

At the end of the 18th century, "The Enlightenment" appeared as a new

cultural transition. This period of history is sometimes known as the beginning of
reason and humanism. People began to see children as flowers, which needed
nurturing in order to bloom. It was the invention of childhood, love and nurturing
instead of beatings to stay in line. Children had finally begun to emerge as a
distinct group. It started with the upper-class, who were allowed to attend
colleges and universities.

Since ancient times, enlightened legal systems have distinguished

between juvenile delinquents and adult criminals. Generally, the immature were
not considered morally responsible for their behavior. Under the Code
Napoléon in France, for example, limited responsibility was ascribed to children
under the age of 16. Despite the apparent humanity of some early statutes,
however, the punishment of juvenile offenders was often severe until the 19th
century.
Prior to the 20th century, juvenile offenders were often treated as adults.
The first development contrary to this in the United Kingdom was the
establishment of Borstal training center in place of normal imprisonment, which
was intended to build up the offender's character. They were unsuccessful, and
since the 1960s, policy has been directed away from the detention of young
offenders towards treatment in the community, beginning with avoiding court
altogether. The police are encouraged to caution juveniles who admit an
offence, unless they are persistent offenders.
When juvenile offenders are dealt with more formally, they are tried by a
dedicated juvenile court, having as little contact with the mainstream system as
possible. There is considerable emphasis on parental responsibility, and the
parents may be ordered to pay the juvenile's fine, or be liable to pay a sum of
money if the child is in trouble again.
If the courts need to punish juveniles, they can utilize community
sentences. Attendance centers orders, for example, require juveniles to attend
during their leisure hours at centers where they will be given a program of
constructive activities. Supervision orders put juveniles under the supervision of
a social services department, and may include compulsory activities. Those
aged 15 and over may also be sentenced to probation orders (supervision),
community service orders (compulsory work under supervision), or a
combination of both.
If juveniles are to be detained, those aged 15 or over may be held in a
young offender institution for between 2 and 12 months. Younger offenders can

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only be detained in the most serious of cases, and there are national units to deal
with them. All Offenders aged 10 to 13 can be detained only if convicted of
manslaughter or murder.

Perceived Causes of Delinquency

Many theories concerning the causes of juvenile crime focus either on

the individual or on society as the major contributing influence. Theories
focusing on the individual suggest that children engage in criminal behavior
because they were not sufficiently penalized for previous delinquent acts or that
they have learned criminal behavior through interaction with others. A person
who becomes socially alienated may be more inclined to commit a criminal act.
Theories focusing on the role of society in juvenile delinquency suggest that
children commit crimes in response to their failure to rise above their socio-
economic status, or as a repudiation of middle-class values.
Most theories of juvenile delinquency have focused on children from
disadvantaged families, ignoring the fact that children from affluent homes also
commit crimes. The latter may commit crimes because of the lack of adequate
parental control, delays in achieving adult status, or simply because they get
enjoyment from it. All theories, however, are tentative and are subject to
criticism.
The family unit has also experienced changes within the past two or
three decades. More families consist of one-parent households or two working
parents; consequently, children are likely to have less supervision at home than
was common in the traditional family structure. This lack of parental supervision
is thought to have an influence on juvenile crime rates. Other identifiable
causes of delinquent acts include frustration or failure in school, the increased
availability of drugs and alcohol, and the growing incidence of child abuse and
child neglect. All these conditions tend to increase the probability of a child
committing a criminal act, although a direct causal relationship has not been
established.

Juvenile Delinquency Prevention

"...I urge you to consider this: As you demand tougher penalties for those who
choose violence, let us also remember how we came to this sad point." "...We
have seen a stunning and simultaneous breakdown of community, family, and
work. This has created a vast vacuum which has been filled by violence and
drugs and gangs. So I ask you to remember that even as we say no to crime, we
must give people, especially our young people something to say yes to." -
President Clinton, State of the Union Address, January 25, 1994.

The Urgent Need

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 Public safety is paramount - government has a duty to protect the public
from kids who can kill. But it is becoming ever more apparent that increasing
police, prosecution, and prisons alone is neither sufficient nor adequately
effective in stemming the tide of youth violence and crime.

A study done in the Philippines on children who sexually abused other

children reached the same conclusion. It found that 80.9% of the respondents
experienced some form of abuse, with 43% experiencing physical abuse from
their caregivers. Aside from the respondents themselves, other members of the
family like their mothers experienced abuse that the respondents witnessed.
36% of the respondents came from families that have a history of either conflict
or abuse or partner or siblings.

Related Factors

There are other factors that are linked to youth offending. There is the
gender factor, particularly in patriarchal societies. Violence is overwhelmingly a
male problem. The roots for this appear to be primarily social rather than
biological, highlighting the inadequacies of current socialization of male children,
and the promotion of insensitive and overbearing male behavioral models and
attitudes in many societies. It was also reported that the inadequate monitoring
and supervision of children by parents and other adults could be crucial in
realizing a potential for violence. Studies show that poor parental supervision or
monitoring, erratic or harsh parental discipline, parental disharmony, parental
rejection of the child, and low parental involvement in the child’s activities are all-
important predictors of offending.

List of Predictors

The list below is particularly useful in identifying the components of the

strategies of prevention and early intervention. But the list is not a universal one
that applies to all countries. In any particular country or society, methods of
preventing or treating antisocial behavior should be based on empirically
validated theories about causes.

Individual factors:

 Pregnancy and delivery complications

 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems, restlessness, and risk taking
 Aggressiveness
 Beliefs and attitudes favorable to deviant or antisocial behavior

Family factors

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  Parental criminality
 Child maltreatment Poor family management practices
 Low levels of parental involvement
 Poor family bonding and family conflict
 Parental attitudes favorable to substance abuse and violence
 Parent-child separation

School factors

 Academic failure
 Low bonding to school
 Truancy and dropping out of school
 Frequent school transitions

Peer-related factors
 Delinquent siblings
 Delinquent peers
 Gang membership

Community and neighborhood factors

 Poverty
 Community disorganization
 Availability of drugs and firearms
 Neighborhood adults involved in crime
 Exposure to violence and racial prejudice

Delinquency Prevention Measures

In order to prevent the development of delinquent behavior in children, the

factors that increase the risk of the growth of such behavior need to be identified.
Once these factors are identified, then strategies to address them, including
enhancing the protective factors for children to resist the effect of the risk factors,
can be planned and implemented.

The body of research on delinquency and crime has identified a number of

factors which are linked with development of delinquent behavior. These factors
can be grouped in the following broad categories: the family, the community, the
school, the individual and the peer group.

Within each of these categories, specific risk factors can be identified,

such as child abuse and family disintegration, economic and social deprivation,
low neighborhood attachment, parental attitudes condoning law violating
behavior, academic failure, truancy, school drop-out, lack of bonding with society,
fighting with peers, and early initiation of problem behaviors. The more these risk

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factors a child is exposed to, the more likely delinquent and violent behavior may
develop. Hence, prevention strategy is designed to reduce identified risk factors
while strengthening protective factors.

Prevention Strategies - These include healthy beliefs and clear

standards for productive, law-abiding behavior, and bonding with adults who
adhere to these beliefs and standards.

Key principles for preventing and reducing at-risk behavior and

delinquency include:

 Strengthen families in their role of providing guidance and discipline and

instilling sound values as their children's first and primary teachers.

 Support core social institutions, including schools, churches, and other

community-based organizations, to alleviate risk factors and help children
develop to their maximum potential.

 Promote prevention strategies that reduce the impact of risk factors and
enhance the influence of protective factors in the lives of youth at greatest
risk of delinquency.

 Intervene with youth immediately when delinquent behavior first occurs.

 Establish a broad spectrum of graduated sanctions that provides

accountability and a continuum of services to respond appropriately to the
needs of each juvenile offender.

 Identify and control the small segment of serious, violent, and chronic
juvenile offenders.

Of course, the implementation of these key principles require all sectors

of the community to take part in determining local needs and in planning and
implementing programs to meet those needs.

Intervention Strategies

The intervention component comprises a range of options that include

immediate interventions (for first-time offenders involved in misdemeanors and
nonviolent felonies) and intermediate sanctions (for offenders who are first time
serious or violent offenders, or repeat offenders who fail to respond to immediate
intervention).

Community policing shows considerable promise as a means of early

intervention. The juvenile court plays an important role in the provision of
treatment and sanctions, with probation being the court's principal vehicle for the

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delivery of treatment services and community supervision. Continuous case
management is crucial to ensuring timely treatment.

A continuum of community-based care should be provided to meet the

multiple service needs of each juvenile offender. The intervention component
calls for extensive use of non-residential community-based programs, including
referral to prevention programs for most first time offenders. Intermediate
sanctions use both nonresidential and residential placements, including intensive
supervision programs for more serious and violent offenders.

Law Relative to Juvenile Delinquency In the Philippines

Enforcement of the laws related to juvenile delinquency is an important

aspect of the entire prevention measures or strategies. In the Philippines, the
following discussions are related to laws on juvenile delinquency.

Presidential Decree No. 603 - is the Child and Youth Welfare Code of the
Philippines which took effect six months after its approval in December 10, 1974
(June 10, 1975) applies to persons below eighteen (18) years of age (RA 6809
lowered the age of minority from 21 to 18 years of age), and such persons are
referred to as child, or minor or youth.

Who is a Youth Offender under PD 603? A youthful offender is a child,

minor or youth, including one who is emancipated in accordance with law, who is
over nine years but less than eighteen years of age at the time of the commission
of the offense. A child nine years of age or under at the time of the offense shall
be exempt from the criminal liability and shall be committed to the care of his
father or mother, or nearest relative or family friend in the discretion of the court
and subject to its supervision. The same shall be done for a child over nine years
and under fifteen years of age at the time of the commission of the offense,
unless he acted with discernment, in which case he shall be proceeded against
in accordance with Article 192. The provisions of Article 80 of the Revised Penal
Code are repealed by the provisions of this chapter (as amended by PD 1179,
August 15, 1977).

Related Provisions of Act 3815 (Revised Penal Code) - The provision of

Article 189 on the exemption of liability is the same as Article 12, par.2 and 3 of
the Revised Penal Code: “ The following are exempt from criminal liability: xxx …
person under 9 years of age; person over 9 years of age and under 15 unless
he acted with discernment, in which case he shall be proceeded against in
accordance with Article 80 of this Code (now Article 192 of PD 603) xxx ….”

Article 13 of the Revised Penal Code also states: “The following are
mitigating circumstances: xxx 2. That the offender is under 18 years of age, or
over 70 years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Article 80 (now Article 192, PD 603) xxx.” This

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means that the minor offender who is under 18 is entitled to special privileged
mitigating circumstance, hence cannot be off-set by aggravating circumstances.
Under Article 68 of the RPC, a minor who is over nine but under 15 is entitled to
a penalty two degrees lower than that provided by law; while a minor who is over
15 but under 18 is entitled to a penalty one degree lower than that provided by
law.

Article 190 - It shall be the duty of the law enforcement agency concerned
to take the youthful offender, immediately after apprehension, to any available
government medical or health officer for physical and mental examination. The
examination and treatment papers shall form part of the record of the case of the
youth offenders.

Article 191 - A youthful offender held for examination or trial or pending

appeal, if unable to furnish ball from the time of his arrest, shall be committed to
the care of the DSWD, or local rehabilitation center in the locality; if not available,
the provincial, city or municipal jail shall provide quarters for youthful offenders
separate from other detainees. The court may, in its discretion, upon
recommendation of the DSWD release the youthful offender on recognizance to
the custody of his parents or other suitable person who shall be responsible for
his appearance whenever required. (If detained in jail, youthful offender is
expected to be escorted by a police officer every time the court requires his
appearance).

Article 192 - Suspension of Sentence and Commitment of Youthful

Offenders - If after hearing, the court finds that the youthful offender has
committed the act charged against him, the court should determine the
imposable penalty including the civil liability. (However, instead of pronouncing
judgment of conviction, the court, upon application of the youthful offender and if
it finds that the best interest of the public as well as that of the youthful offender
will be served thereby, shall suspend all further proceedings and shall commit
such minor to the custody or care of the DSWD or any training institution or
responsible person until he shall have reached 21 years of age, or for a shorter
period as the court may deem proper after considering the reports and
recommendations of the institution or person under whose care he has been
committed). Under RA 8369, the judgment is promulgated and the suspension of
the sentence is automatic, without the need of application by the YO, see Section
5, par. a).

The benefits of this article does not apply to a youthful offender who was
once enjoyed suspension of sentence under its provisions or to one who is
convicted of an offense punishable by death or life imprisonment or to one who is
convicted for an offense by the Military Tribunals. (As amended by PD 1179 and
PD 1210, October 11, 1978).

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 Article 194 - Care and Maintenance of Youthful Offenders - Parents are
primarily liable to support him, if not then the municipality; province; or the
national government.

Article 195- Report on Conduct of Child. DSWD or government training

institution or individual under whose care the Youthful Offender has been
committed – to submit to court every 4 months or oftener as may be required to
special cases a written report on the conduct of the YO as well as the intellectual,
physical, moral, social and emotional progress made upon him.

Article 196- Dismissal of the Case - If it is shown to the satisfaction of the

court that the youthful offender whose sentenced has been suspended, has
behaved properly and has shown his capability to be a useful member of the
community even before reaching the age of majority, upon the recommendation
of the DSWD, it shall dismiss the case and order his final discharge.

Article 197- Return of Youthful Offender to Court - The youthful offender

shall be returned to the committing court for the pronouncement of judgment: (1)
when he is found to be incorrigible or has willfully failed to comply with the
conditions of his rehabilitation program, (2) when he has reached the age of 21
while in commitment (unless his case is dismissed in accordance with Article
196). In the latter case, the convicted youth offender may apply for probation
under the provisions of PD 968. In any case as, the youthful offender shall be
credited in the service of his sentence with the full time spent in actual
commitment and detention effected under the provisions of this chapter.

Article 198- Effect of Released of Child Based on Good Conduct - The

final release of a child pursuant to the provisions of this chapter does not
obliterate his civil liability for damages. Such released shall be without prejudice
to the right for a writ of execution for the recovery of civil damages.

Article 199 - Living Quarters for Youthful Offenders – Youthful Offenders

under Article 197 shall be committed to the proper penal institution to serve the
remaining period of his sentence, provided that, they shall be provided with
separate quarters and as far as practicable, group them according to appropriate
age levels or other criteria as will insure their speedy rehabilitation, provided
further that the Bureau of Prisons shall maintain agricultural and forestry camps
where youthful offenders may serve their sentence in lieu of confinement in
regular penitentiaries.

Article 200- Records of Proceedings - 1) When a Youthful Offender has

been charged and the charges have been ordered dropped, all the records of the
case shall be considered privileged and may not be disclosed directly or
indirectly to any one for any purpose whatsoever. 2) Where the Youthful Offender
has been charged and the courts acquits him, or dismiss the case against him or
commits him to an institution and subsequently releases him, all records of his

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case shall also be considered privileged and may not be disclosed directly or
indirectly to anyone except: a) to determine if a defendant may have sentence
suspended under Article 192; b) or if he may be granted probation under PD 968;
c) or to enforce his civil liability if the same has been imposed in the criminal
action. The Youthful Offender concerned shall not be held under any probation of
law to be guilty of perjury or of concealment or misrepresentation by reason of
his failure to acknowledge the case or recite any fact related thereto in response
to any inquiry made to him for any purpose.

Records within the meaning of this Article shall include those, which may
be in the files of the NBI, police department or any government agency involved
in the case; Medical/treatments records mentioned in Article 190.

Article 201- Civil Liability of Youthful Offenders - The civil liability for the
acts committed by a youthful offender shall devolve upon the offenders father or
mother or the guardian as the case may be. A relative or family friend of the
youthful offender may also voluntarily assume civil liability.

Rules and Regulation on the Apprehension, Investigation, Prosecution and

Rehabilitation of Youthful Offenders. (Promulgated on February 20,1995 by the
Council for the Welfare of Children).

Pursuant to Article 205 of PD 603, the Council for the Welfare of Children
was created which was tasked to promulgate Rules and Regulations necessary
for the purpose of carrying into effect the provisions of the Code (Article 209).

Objectives: The Rules and regulations seek to establish basic guidelines

on the apprehension, investigation, prosecution and rehabilitation of youth
offenders consistent with the needs to protect their rights and to [promote their
best interest.

Procedure:

1. Apprehension – Arresting Officer (AO) to inform the youth of

the reason of his apprehension and him advise of his legal rights in a
language understood by him. The youth is then brought to the nearest
police station where the apprehension and the name of the arresting
officer is recorded in the police blotter. The police officer shall notify the
DSWD and the parents or guardian of the youth within eight (8) hours
from the time of apprehension. Arresting Officer shall not employ
unnecessary force; vulgar or profane words shall not be used;
handcuffs shall not be used unless absolutely necessary; female youth
shall be searched only by a female police officer.

2. Investigation / Interview – to be held in private and in the

presence of his legal counsel and whenever possible his parents,

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 guardian or social worker wherein he shall be advised of his right to
remain silent and to have a counsel of his own choice.

3. Physical / Mental Examination – before a government

medical or health officer; steps shall be undertaken to provide
treatment when necessary. (Most often this process is taken for
granted or even forgotten, hence even during confinement, it is the
duty of the jail officers to take steps to provide necessary medical
attention to youths needing the same).

4. Referral of Case to Social Worker – the youth shall be

released to the custody of a social worker or a responsible person in
the community for supervision and counseling or other interventions
that may be provided for the best interest of the youth.

5. Referral of Case to Prosecutor – if his findings warrant the

AO shall forward the records of the case of the youth under custody to
the prosecutor for the conduct of inquest or preliminary investigation to
determine whether the youth should remain in custody and
correspondingly charged in court. The transmittal letter shall display
the word YOUTH in bold letters. The prosecutor shall encourage that
counsel represents the youth; a counsel shall be assigned if his
parents is unable to give adequate representation.

6. Temporary Commitment – the youth under investigation or

trial, if unable to furnish bail, shall be committed to the care of The
DSWD or rehabilitation center or detention home separate and distinct
from jails.

7. Filing of Complaint / Information – if the evidenced submitted

in the inquest or preliminary investigation engenders a well – founded
belief that a crime has been committed and that the youth is probably
guilty thereof, the corresponding criminal complaint / information shall
be filed against the youth in court.

8. Trial – the trial of a case against a youth offender shall be

conducted in accordance with RA 8368.

9. Suspension of Sentence – if after trial, the court finds that the

youth committed the acts charged against him, it shall determine the
impossible penalty including the civil liability chargeable against him.
(However, instead of pronouncing judgment of conviction, the court
upon application of the youth, shall suspend all further proceedings
and commit the youth to the custody and care of the DSWD or to any
training institution or responsible person until he has reached the age
of 21 or for a shorter period as the court may deem proper upon

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 recommendation of the Department etc.). Refer to Section 5, par. A of
RA 8369.

Republic Act No. 7610 – Special Protection of Children Against Child

Abuse, Exploitation and Discrimination Act. (Approved June 17, 1992).

As can be gleaned from the title, the objective of the law is for the
protection of the child from becoming a VICTIM of child abuse, exploitation and
discrimination. It does not speak of the child or minor as offender. However, it
does not mean to preclude the possibility that the minor is not capable of
committing the acts prohibited by the law. It is a given fact that sometimes,
minors conceal their true age in order to be able to avail for themselves some
activities only adults are supposed to do. But what is important is that, we the
adults in our family and / or community should be vigilant in the protection of our
youths against abuse, exploitation and discrimination, more particularly child
prostitution and other sexual abuse; child trafficking; obscene publication and
indecent shows; acts of abuse such as neglect, cruelty and other conditions
prejudicial to the child’s development, and circumstances which endanger child
survival and normal development.

Republic Act No. 8369 – The Family Courts Act of 1997 (Approved on
October 28,1997).

An act establishing Family Courts, granting them Exclusive Original

Jurisdiction over Child and Family Case, Amending BP Blg. 129, as amended,
otherwise known as the Judiciary Reorganization Act of 1980, appropriating
funds therefore and for other purposes.

Sec. 5 – Jurisdiction of Family Courts - The Family Court shall have

exclusive original jurisdiction to hear and decide the following cases:

1. Criminal cases where one or more of the accused is below 18 but not
less than 9 years of age, or where one or more of the victim is a minor
at the time of the commission of the offense, Provided if the minor is
guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred. The sentence however,
shall be suspended without need of application pursuant to PD 603.
2. Petition for guardianship, custody of children and habeas corpus in
relation to the latter;
3. Petition for adoption of children and revocation thereof;
4. Complaints for annulments of marriage, declaration of nullity of
marriage and thus relating to marital status and property relations of
husband and wife or those living together under different status and

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 agreements, and petition for dissolution of conjugal partnership of
gains;
5. Petition for support and or acknowledgement;
6. Summary Judicial Proceedings brought under the provisions of the
Family Code of the Philippines;
7. Petition for declaration of status of children as abandoned, dependent
of children or neglected, petitions for voluntary or involuntary
commitment of children, the suspension, termination, or restoration of
parental authority and other cases cognizable under PD 603 and other
related laws.
8. Petitions for constitution of the family home;
9. Cases against minor cognizable under Dangerous Drug Act as
amended;
10. Violations of R.A. 7610 as amended by R.A. 7658
11. Cases of domestic violence against: 1) women 2) children

REPUBLIC ACT NO. 9344 - THE “JUVENILE JUSTICE AND WELFARE ACT
OF 2006”

Republic Act Number 9344 - An Act Establishing A Comprehensive

Juvenile Justice and Welfare System, Creating the Juvenile Justice and
Welfare Council

IMPORTANT FEATURES

State Policy - The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual
and social well being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through measures
that will ensure the observance of international standards of child
protection, especially those to which the Philippines is a party.
Proceedings before any authority shall be conducted in the best interest of
the child and in a manner, which allows the child to participate and to
express himself/herself freely. The participation of children in the program
and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty and exploitation, and other conditions prejudicial to their
development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of
the Child, the State recognizes the right of every child alleged as, accused

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 of, adjudged, or recognized as, having infringed the penal law to be
treated in a manner consistent with the promotion of the child’s sense of
dignity and worth, taking into account the child’s age and desirability of
promoting his/her reintegration. Whenever appropriate and desirable, the
State shall adopt measures for dealing with such children without resorting
to judicial proceedings, providing that human rights and legal safeguards
are fully respected. It shall ensure that children are dealt with in a manner
appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders,
counseling, probation, foster care, education and vocational training
programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take
into consideration the cultural and religious perspectives of the Filipino
people, particularly the indigenous peoples and the Muslims, consistent
with the protection of the rights of children belonging to these
communities.
(f) The State shall apply the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the law.

Construction - In case of doubt, the interpretation of any of the provisions of

the Rules shall be construed liberally in favor of the child in conflict with the law,
i.e., consistent with the best interest of the child, the declared state policy, the
rights of the child in conflict with the law, and the principle of restorative justice.

Definition of terms - As used in these Rules, the term/s:

(a) “Bail” refers to the security given for the release of the person in custody
of the law, furnished by him/her or a bondsman, to guarantee his/her
appearance before any court.
(b) “Best interest of the child” refers to the totality of the circumstances and
conditions most congenial to the survival, protection and feelings of
security of the child and most encouraging to the child’s physical,
psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and
development of the child.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Children at risk” refers to children who are vulnerable to and at the risk
of committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means and the
parents or guardian refuse, are unwilling, or unable to provide
protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry
the parent or guardian cannot be found;

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 (4) coming from a dysfunctional or broken family or without a parent or
guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse;
and
(9) living in situations of armed conflict.

(e) “Child in conflict with the law” refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine
laws.
(f) “Community-based programs” refers to the programs provided in a
community setting developed for purposes of intervention and diversion,
as well as rehabilitation of the child in conflict with the law, for reintegration
into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no family
courts, any regional trial court.
(h) “Deprivation of liberty” refers to any form of detention or imprisonment,
or to the placement of a child in conflict with the law in a public or private
custodial setting, from which the child in conflict with the law is not
permitted to leave at will by order of any judicial or administrative
authority.
(i) “Diversion” refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with
the law is required to undergo after he/she is found responsible for an
offense without resorting to formal court proceedings.
(k) “Initial contact with the child” refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or
Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be
in conflict with the law under immediate custody.
(l) “Intervention” refers to a series of activities designed to address issues
that caused the child to commit an offense. It may take the form of an
individualized treatment program, which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

(m) “Juvenile justice and welfare system” refers to a system dealing

with children at risk and children in conflict with the law, which provides

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 child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, reintegration and aftercare to ensure
their normal growth and development.
(n) “Law enforcement officer” refer to the person in authority or his/her
agent as defined in Article 152 of the Revised Penal Code, including a
barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under special
laws or the Revised Penal Code, as amended. It includes violations of
traffic laws, rules and regulations, and ordinances of local government
units.
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a
parent or custodian who shall be responsible for the appearance in court
of the child in conflict with the law, when required.
(q) “Status Offenses” refers to offenses, which discriminate only against a
child, while an adult does not suffer any penalty for committing similar
acts. These shall include curfew violations, truancy, parental disobedience
and the like.
(r) “Victimless Crimes” refers to offenses where there is no private
offended party.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution
managed by accredited LGUs and licensed and/or accredited NGOs
providing short-term residential care for children in conflict with the law
who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction; also referred in these Rules as “Youth Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility
that provides children in conflict with the law with care, treatment and
rehabilitation services under the guidance of trained staff where children in
conflict with the law on suspended sentence, or “residents,” are cared for
under a structured therapeutic environment with the end view of
reintegrating them in their families and communities as socially functioning
individuals; also referred in these Rules as “Youth Center.”

Rights of the child in conflict with the law

Every child in conflict with the law shall have the following rights, including
but not limited to:

(a) The right to be treated with humanity and respect for the inherent dignity
of the person, and in a manner which takes into account the needs of a
person of his/her age;
(b) The right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;

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 (d) The right not to be unlawfully or arbitrarily deprived of his/her liberty; that
detention or imprisonment being a disposition of last resort, shall be for
the shortest appropriate period of time;
(e) The right to be separated from adult offenders at all times. In particular,
the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate holding area.
(f) The right to maintain contact with his/her family through correspondence
and visits save in exceptional circumstances;
(g) The right to prompt access to legal and other appropriate assistance, as
well as the right to challenge the legality of the deprivation of his/her liberty
before a court or other competent, independent and impartial authority,
and to a prompt decision on such action;
(h) The right to bail and recognizance, in appropriate cases;
(i) The right to testify as a witness in his/her own behalf under the rule on
examination of a child witness;
(j) The right to have his/her privacy respected fully at all stages of the
proceedings;
(k) The right to diversion if he/she is qualified and voluntarily avails of the
same;
(l) The right to be imposed a judgment in proportion to the gravity of the
offense where his/her best interest, the rights of the victim and the needs
of society are all taken into consideration by the court, under the principle
of restorative justice;
(m) The right to have restrictions on his/her personal liberty limited to
the minimum, and where discretion is given by law to the judge to
determine whether to impose fine or imprisonment, the imposition of fine
being preferred as the more appropriate penalty;

(n) In criminal prosecutions, the rights:

(1) Not to be held to answer for a criminal offense without due process
of law;
(2) To be presumed innocent until the contrary is proved beyond
reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and cause of the
accusation against him/her, and if appropriate, through his/her
parents or legal guardian;
(5) To be present at every stage of the proceedings, from arraignment
to promulgation of judgment;
(6) To have legal and other appropriate assistance in the preparation
and presentation of his/her defense;
(7) To testify as a witness in his/her own behalf and subject to cross-
examination only on matters covered by direct examination,

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 provided that the Rule on the Examination of a Child Witness shall
be observed whenever convenient and practicable.
(8) Not to be compelled to be a witness against him/herself and his/her
silence shall not in any manner prejudice him/her;
(9) To confront and cross-examine the witnesses against him/her;
(10) To have compulsory process to secure the attendance of
witnesses and production of other evidence in his/her behalf;
(11) To have a speedy, impartial and public trial, with legal or
other appropriate assistance and preferably in the presence of
his/her parents or legal guardian, unless such presence is
considered not to be in the best interests of the juvenile taking into
account his/her age and other peculiar circumstances;
(12) To appeal in all cases allowed and in the manner prescribed
by law; and
(13) To be accorded all the rights under the Rule on Examination
of a Child Witness.
(o) In general, the right to automatic suspension of sentence;
(p) The right to probation as an alternative to imprisonment, if qualified under
the probation law;
(q) The right to be free from liability for perjury, concealment or
misrepresentation; and
(r) Other rights as provided for under existing laws, rules and regulations.

These rights of children in conflict with the law shall serve as guiding
principles in the administration of the Juvenile Justice and Welfare System.

Principle of Restorative Justice

Restorative justice refers to a principle that requires a process of

resolving conflicts with the maximum involvement of the victim, the offender and
the community. It seeks to achieve the following:

(a) Reparation for the victim;

(b) Reconciliation of the offender, the offended and the community;
(c) Reassurance to the offender that he/she can be reintegrated into society;
and
(d) Enhancement of public safety by activating the offender, the victim and the
community in prevention strategies.

Children of Indigenous Cultural Communities/Indigenous Peoples

(ICCs/IPs)

Consistent with Section 15 of Republic Act No. 8371 or “The Indigenous

Peoples Rights Act of 1997,” ICCs/IPs shall, in dealing with children in conflict
with the law, have the right to use their own commonly accepted justice systems,
conflict resolution institutions, peace building processes or mechanisms and

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other customary laws and practices within their respective communities and as
may be compatible with the national legal system and with internationally
recognized human rights.

THE JUVENILE JUSTICE AND WELFARE COUNCIL

The Juvenile Justice and Welfare Council (JJWC), created under Section
8 of the Act, shall ensure the effective implementation of the Act, including these
Rules. In fulfillment of this mandate, the JJWC shall ensure the effective
coordination among the following agencies, the duties and responsibilities of
which are found in Part XVII of these Rules:

(a) Council for the Welfare of Children;

(b) Department of Education;
(c) Department of the Interior and Local Government;
(d) Public Attorney’s Office;
(e) Bureau of Corrections;
(f) Parole and Probation Administration;
(g) National Bureau of Investigation;
(h) Philippine National Police;
(i) Bureau of Jail Management and Penology;
(j) Commission on Human Rights;
(k) Technical Education and Skills Development Authority;
(l) National Youth Commission; and
(m) Other institutions focused on juvenile justice and intervention
programs, as may be determined by the JJWC.

Composition

As provided in Section 8 of the Act, the JJWC shall be composed of

representatives of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);
(c) Department of Education (DepEd);
(d) Department of the Interior and Local Government (DILG);
(e) Council for the Welfare of Children (CWC);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and

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 (h) Two (2) representatives from non-government organizations (NGOs), one
to be designated by the Secretary of Justice and the other to be
designated by the Secretary of Social Welfare and Development.

Administration and organization of the JJWC

The JJWC is attached to the DOJ and placed under its administrative
supervision. As such, the DOJ has the authority to:
(1) Generally oversee the operation of JJWC and ensure that it is
managed effectively, efficiently and economically;
(2) Manage the secretariat of the JJWC;
(3) Require the JJWC to submit periodic reports, such as those
reflecting the progress of its programs and projects;
(4) Cause the conduct of management audit, performance evaluation
and inspection of the JJWC to determine its compliance with
policies, standards and guidelines of the Department;
(5) Take such action as may be necessary for the performance of
official functions, including rectifications, abuses and other forms of
misadministration by its personnel;
(6) Review and pass upon the budget of the JJWC; and
(7) Call all regular and special meetings of the JJWC.

Chairperson of the JJWC

As provided by Section 8 of the Act, the JJWC shall be chaired by the

DSWD through an Undersecretary appointed by the Secretary of Social Welfare
and Development. As the JJWC chair, the DSWD shall:
(1) Preside over all regular and special meetings of the JJWC;
(2) Closely monitor the programs of the JJWC;
(3) Represent the JJWC in conferences, meetings and other programs;
and
(4) Sign communications for the JJWC.

In the absence of the chairperson, the JJWC shall be chaired by the DOJ.

Organizational structure and staffing pattern

As provided in Section 8 of the Act, the Secretary of Justice and the

Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC, which include the JJWC secretariat.
The secretariat shall among other functions to be determined by the JJWC:
(1) Prepare the periodic reports for the JJWC;
(2) Prepare the budget of the JJWC; and

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 (3) Invite resource persons in the meetings and programs of the JJWC.
The Secretary of Justice shall appoint the officers and staff of the JJWC
secretariat upon a favorable recommendation of the JJWC.

Designation of representatives to the JJWC

The concerned department or agency heads shall designate their

representatives to the JJWC, whose ranks shall not be lower than director,
except in the case of the NYC, whose representative must have the rank of at
least commissioner. The heads of the concerned departments or agencies shall
name a permanent and an alternate representative, respectively with ranks of at
least Undersecretary and Director, who shall regularly attend meetings and
programs of the JJWC.

Duties and functions of the JJWC

The JJWC has the duty to oversee the implementation of the Act and all
Rules issued in relation thereto. Pursuant to this duty, it shall:

(1) Coordinate the implementation of the juvenile intervention programs

and activities by national government agencies and other activities
which may have an important bearing on the success of the entire
national juvenile intervention program. All programs relating to juvenile
justice and welfare shall be adopted in consultation with the JJWC.
(2) Call the attention of the departments and agencies concerned to
perform their respective duties and responsibilities under the Act and
these Rules and assist them if necessary to ensure the effective
implementation of the Act.
(3) Mobilize resources and call upon government agencies as well as
private organizations to provide resource assistance to support the
implementation of the Act. The JJWC shall regularly conduct meetings
and submit an annual report to the President on the implementation of
the Act. The annual report shall include, among others:

a. Identification of the strengths and weaknesses in the

implementation of the Act;
b. Appraisal of the performance of the government agencies in
relation to their duties and responsibilities under the Act; and
c. Recommendations on how to improve the implementation of the
Act and the administration of the juvenile justice and welfare
system. The JJWC shall prescribe a common reporting form for all
the agencies under Rule 8 to facilitate the preparation of the Annual
Report. The JJWC shall also perform such other functions as may
be necessary to implement the provisions of the Act.

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Advisory function of the JJWC

The JJWC shall advise the President on all matters and policies relating to
juvenile justice and welfare. It shall bring to the attention of the President the
gaps in existing policies and recommend appropriate remedial legislation or other
policy measures that address these gaps.

Policy formulation and program development

The JJWC shall periodically develop a Comprehensive National Juvenile

Intervention Program, as provided in Rule 17 herein. It shall formulate and
recommend policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of justice, as well as for
the treatment and rehabilitation of the children in conflict with the law. The JJWC
shall also set the criteria that LGUs must meet in establishing their respective
community-based programs for the rehabilitation and reintegration of children in
conflict with the law.

Research and evaluation

The JJWC shall collect relevant information and conduct continuing

research support evaluations and studies on all matters relating to juvenile
justice and welfare, such as, but not limited to the:

(1) Performance and results achieved by juvenile intervention programs

and by activities of the local government units and other government
agencies;
(2) Periodic trends, problems and causes of juvenile delinquency and
crimes; and
(3) Particular needs of children in conflict with the law in custody. A data
banking system for all data needed in the evaluation and improvement
of the administration of juvenile justice and welfare system shall be
developed and maintained by the JJWC. The JJWC shall set up a
mechanism to ensure that children are involved in research and policy
development. The JJWC shall also receive and evaluate the
assessments submitted by provincial and city governments on the
implementation of the comprehensive juvenile intervention program as
provided in Section 18 of the Act and Rule 18 herein.

Inspection

The JJWC, through duly designated persons and with the assistance of
the agencies under Section 8 of the Act (Rule 9) shall conduct regular
inspections in detention and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check compliance with the

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standards provided in the Act and the Rules and to make the necessary
recommendations to appropriate agencies.

Assistance to agencies

The JJWC shall, pursuant to Section 10 of the Act, assist the concerned
government agencies in:

(1) Reviewing and enhancing existing policies/regulations or in the

formulation of new ones in line with the provisions of this Act and the
Rules; and formulating their respective policies and procedures
consistent with the standards set in the law and in modifying the same
upon the completion of the national juvenile intervention program as
provided in Rule 14.
(2) The JJWC shall also initiate and coordinate the conduct of trainings for
the personnel of agencies involved in the administration of the juvenile
justice and welfare system.
(3) The JJWC shall be informed by the DSWD in cases where licensed
and accredited private and non-government organizations establish
Youth Detention Homes as provided under Section 49 of the Act and
Rule 76 herein.

Coordination with the Court

To ensure the realization of its mandate and the proper discharge of its
duties and functions, the JJWC shall coordinate with the Office of the Court
Administrator and the Philippine Judicial Academy by inviting resource persons
from these offices during consultation meetings.

Non-government organizations

Two (2) representatives from non-government organizations (NGOs) shall

serve as members of the JJWC, one representative to be designated by the
Secretary of Justice and the other to be designated by the Secretary of Social
Welfare and Development.

An NGO, to be designated as a member of the JJWC, must be involved in

child-related advocacy or work of at least two (2) years prior and up to the time of
designation. The additional qualifications of the NGOs shall be respectively
determined by the Secretaries of Justice and of Social Welfare and
Development.

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 Each NGO representative designated under Rule 13.a shall have a term
of two (2) years. In the event a representative is not able to complete the
prescribed term, the Secretary designating such representative shall designate
another NGO to serve the unexpired portion of the term.

An NGO representative, even one that is not able to complete the term of
two years, cannot be appointed to the JJWC for two consecutive terms.

Policies and procedures on Juvenile Justice

The policies and procedures of all government agencies shall promote a

common and conscious understanding of issues concerning juvenile justice and
welfare, be consistent and avoid duplicating or contradicting policies that result to
confusion. As such, the following shall be observed in the drafting, formulation or
development of such policies and procedures:

(a) Policies and procedures on juvenile justice and welfare of all

government agencies enumerated in Section 8 of the Act shall not only
be consistent with the standards set in the law but also with the
National Juvenile Intervention Program. Policies and procedures shall
be modified accordingly in consultation with the JJWC upon the
completion of the National Juvenile Intervention Program as provided
under Rule 17 below and Section 9(d) of the Act.
(b) Each government agency shall see to it that its policies and
procedures are consistent with that of other government agencies.
(c) If the standards set in the Act require the involvement of several
government agencies enumerated in Section 8 of the Act, only a single
policy and/or procedure pertaining to those standards shall be issued.
The lead agency shall be identified by the JJWC.
(d) In the event that policies and procedures of a government
agency not enumerated in Section 8 of the Act affect the juvenile
justice and welfare system, the concerned government agency shall
seek the assistance of the JJWC.

The participation of children in the program and policy formulation and

implementation relating to juvenile justice and welfare shall be ensured by each
government agency.

LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN

All levels of local government shall have Local Councils for the Protection
of Children (LCPCs) as provided in Section 15 of the Act. The LCPC in each
level of local government unit (LGU) is:

(1) Province – Provincial Council for the Protection of Children (PCPC);

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 (2) City – City Council for the Protection of Children (CCPC);
(3) Municipality – Municipal Council for the Protection of Children (MCPC);
and
(4) Barangay – Barangay Council for the Protection of Children (BCPC). In
LGUs where LCPCs are not yet established, the concerned LGU shall
immediately establish an LCPC upon the effectivity of the Act and
ensure that it is performing its duties and responsibilities as provided in
these Rules. Where they have been established, the LCPCs shall be
strengthened by their respective LGUs.

Each barangay, municipality and city shall appropriate in its annual budget
one percent (1%) of its annual internal revenue allotment (IRA) for the
strengthening and implementation of the programs of the LCPC. The LGU
concerned shall be responsible for the disbursement of the fund as provided by
existing laws. Funds disbursed by LGUs on current programs of the LCPC shall
be deemed as appropriate disbursement under Section 15 of the Act. However,
the one percent (1%) IRA allocation under in this Rule is different from the
budget disbursed by the LGUs for social services.

Membership in the LCPC shall be chosen from among the responsible

members of the community, including a representative from the youth sector,
as well as representatives from government and private agencies concerned
with the welfare of children. Pursuant to DILG Memorandum Circular No. 2002-
121, the LCPC in each level of LGU shall be composed of:

(1) PCPC - Chairperson -Provincial Governor , Members -Sangguniang

Panlalawigan Member , (Chairperson, Committee on Women and Family)
DILG Provincial Director, Provincial Social Welfare and Development
Officer , Provincial Labor and Employment Officer , Division
Superintendent of DepEd , Provincial Planning & Development Officer ,
Provincial Budget Officer , Provincial Health Officer , Provincial Nutrition
Officer , Provincial PNP Director , Provincial Commander, AFP , Provincial
Treasurer , President, League of Municipalities , Provincial SK Federation
President , Child Representative , At least three (3) representatives of
NGOs
(2) CCPC and MCPC - Chairperson -City / Municipal Mayor, Members -
Sangguniang Panlungsod / Pambayan Member , (Chairperson,
Committee on Women and Family) , DILG City / Municipal Field Officer ,
City / Municipal Social Welfare and Development , Officer , Division
Superintendent / District Supervisor of DepEd , Local Labor and
Employment Officer , City / Municipal Planning & Development Officer ,
City / Municipal Budget Officer , City / Municipal Health Officer , City /
Municipal Nutrition Officer , City / Municipal PNP Director , City / Municipal
Treasurer , City / Municipal LIGA ng mga Barangay President , City /
Municipal SK Federation President , Parent – Teachers Association (PTA)

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 President , Child Representative , At least three (3) representatives of
NGOs
(3) BCPC - Chairperson -Punong Barangay , Members -Barangay Kagawad
(Chairperson on Women and Family) , Barangay Nutrition Scholar ,
Barangay Day Care Worker , Barangay Health Nurse / Midwife , Barangay
Health Worker , DepEd Principal / Teacher-in-charge , Chief Tanod , SK
Chairperson , Child Representative , PTA President or his/her
representative , NGO Representative , Membership in the LCPC shall be
subject to the review and amendment of the DILG through appropriate
issuances.

Duties and responsibilities of the LCPC

All LCPCs shall:

(1) Serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of the Comprehensive Juvenile Intervention
Program as provided in Rule 18 below, and to oversee its proper
implementation;
(2) Coordinate with and assist the LGUs in calling on all sectors
concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved
in delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs;
(3) Coordinate with LGUs in the annual review and assessment of the
comprehensive juvenile intervention programs;
(4) Coordinate with and assist the SK in the formulation and
implementation of juvenile intervention and diversion programs in the
community;
(5) Provide coordinative linkages with other agencies and institutions in
the planning, monitoring and evaluation of juvenile intervention and
diversion programs in the community;
(6) Assist the Punong Barangay in conducting diversion proceedings in
cases provided under Section 23(a) of the Act and Rule 43.b below;
(7) Assist the Local Social Welfare and Development Officer (LSWDO) in
the development of the appropriate diversion program
(8) Institute together with schools, youth organizations and other
concerned agencies the community-based programs on juvenile justice
and welfare initiated by LGUs;
(9) Conduct capability building programs to enhance knowledge and skills
in handling children’s programs;
(10) Establish and maintain a database on children in the local government.
Specifically, for the purpose of this Act, the LCPCs shall maintain a
database of children in conflict with the law, which shall include the
children who undergo intervention, diversion and rehabilitation programs
and after-care support services;

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 (11) Document best practices on juvenile intervention and prevention;
(12) Advocate and recommend local legislations promoting child survival,
protection, participation and development, especially on the quality of
television shows and media prints and coverage, which are detrimental to
children, and with appropriate funding support;
(13) Conduct an inventory of all NGOs serving children in conflict with the
law and mobilize them as resources for the effective implementation of the
Act;
(14) Review existing policies of units providing services to children in
conflict with the law, determine the barriers to access to these services,
and take the necessary action to improve access to these services. In
addition to its functions under Presidential Decree No. 603, or the “The
Child and Youth Welfare Code” [“P.D. 603”] and Republic Act No. 8980, or
the “ECCD Act,” each BCPC shall perform the following functions
consistent with the objectives of the Act on juvenile intervention and
delinquency prevention:
 Encourage the proper performance of the duties of parents, and
provide learning opportunities on the adequate rearing of children
and on positive parent-child relationship;
 Assist parents, whenever necessary in securing expert guidance
counseling from the proper governmental or private welfare agency;
 In addition, it shall hold classes and seminars on the proper rearing
of children. It shall distribute to parents available literature and
other information on child guidance. The Council shall assist
parents, with behavioral problems whenever necessary, in securing
expert guidance counseling from the proper governmental or
private welfare agency;
 Coordinate the activities of organizations devoted to the welfare of
children in coordination with the Sangguniang Kabataan and secure
their cooperation;
 Protect and assist children at risk; and
 Take steps to prevent juvenile delinquency and assist parents of
children with behavioral problems so that they can get expert
advise.

Responsibility of BCPC members

Members of the BCPC shall have the following additional

responsibilities:
(1) To take custody of the child in conflict with the law who is found to be
fifteen (15) years of age or below if the parents, guardians or nearest
relatives of the child cannot be located, or if they refuse to take custody
as provided in Section 20 of the Act and Rule 31.b below.
(2) To be present in the initial investigation of the child in conflict with the
law in the absence of the child’s parents, guardian, or nearest relative,
and the LSWDO as provided in Section 22 of the Act and Rule 23.b.

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 The presence of the member of the BCPC, or in the alternative, the
representative of an NGO or a faith-based group, may be required in
the initial investigation to ensure that the rights of the child are
protected during that stage.

PROGRAMS FOR JUVENILE INTERVENTION AND DELINQUENCY

PREVENTION

Concept/Principles in Intervention

Intervention refers to a series of activities designed to address issues

that caused the child to commit an offense. It may take the form of an
individualized treatment program, which may include counseling, skills training,
education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being. All programs for juvenile intervention
and delinquency prevention shall be formulated in consideration of the
following:

(a) Emphasis on intervention or prevention policies facilitating the

successful socialization and integration of all children with the family,
through the community, peer groups, schools, vocational training and the
world of work, as well as through voluntary organizations;
(b) Due respect should be given to the proper personal development of
children, and they should be accepted as full and equal partners in
socialization and integration processes.

National Juvenile Intervention Program

The JJWC shall, in accordance with Section 18 of the Act, develop a

three (3) to five (5)-year Comprehensive National Juvenile Intervention
Program (the “National Intervention Program”) embodying the detailed strategy
to realize the objectives of the Act on juvenile intervention and delinquency
prevention. The National Intervention Program shall serve as a guide to all
government agencies, LGUs and NGOs in the formulation of their respective
juvenile intervention programs and their policies and programs relating to
juvenile justice and welfare. Particularly, the National Intervention Program
shall serve as the basis for the formulation or modification of policies and
procedures of all government agencies involved in the Juvenile Justice and
Welfare System; and Comprehensive Juvenile Intervention Programs to be
developed and instituted by the LGUs as provided in Rule 18. The National
Intervention Program shall be developed by the JJWC, within six (6) months
from the effectivity of the Act, with the participation of:
 Government agencies concerned, including but not limited those
enumerated in Rule 8;
 Non-government organizations;

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  Child and youth organizations; and
 The Leagues of provinces, cities, municipalities and barangays.

Components of the program

The National Intervention Program shall be formulated and designed to

include, among others, the following:

(a) In-depth analyses of the problem and inventories of programs,

services, facilities and resources available;
(b) Well-defined responsibilities for the government agencies, both
member and coordinating, institutions and personnel as well as non-
government agencies involved in intervention and prevention efforts;
(c) Mechanisms for the appropriate coordination of intervention and
prevention efforts between governmental and non-governmental agencies;
(d) Policies, programs and strategies based on prognostic studies
to be continuously monitored and carefully evaluated in the course of
implementation;
(e) Methods for effectively reducing the opportunity for children to
commit offenses;
(f) Community involvement through a wide range of services and
programs;
(g) Close interdisciplinary cooperation between the national
government and the local governments, with the involvement of the private
sector representative citizens of the community to be served and
concerned government agencies as well as the judiciary in taking
concerted action to prevent commission of offenses by children;
(h) Participation of children in intervention and prevention policies
and processes, including recourse to community resources, youth self-
help, and victim compensation and assistance programs; and
(i) Specialized personnel at all levels (e.g., social workers,
prosecutors) and their respective roles in the juvenile justice and welfare
system.

Comprehensive Juvenile Intervention Program

Each LGU shall formulate a Comprehensive Juvenile Intervention

Program (“Local Intervention Program”) to be instituted from the barangay to the
provincial level. Each Local Intervention Program shall cover a period of at least
three (3) years. The LGUs, in coordination with the LCPCs, shall call on all
sectors concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and implementation
of the Local Intervention Programs. Existing programs of LGUs dealing with
children shall be deemed part of LCPC program.

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 Components - Each Local Intervention Program shall be formulated and
designed to include the components prescribed in Rule 17.b, when appropriate.
All Local Intervention Programs shall be consistent with the National Intervention
Program formulated and designed by the JJWC.

Implementation - The LCPC shall serve as the primary agency to

coordinate with and assist the LGU concerned for the adoption of Local
Intervention Program, and to oversee its proper implementation. As provided by
Section 18 of the Act, the LGUs shall set aside an amount necessary to
implement their respective juvenile intervention programs in their annual budget.

Assessment - The implementation of the Local Intervention Programs

shall be reviewed and assessed annually by the LGUs in coordination with their
respective LCPCs. Results of the assessment shall be submitted by the LGUs to
the JJWC, through the DILG, not later than March 30 of every year.

Community-based Programs as Intervention

The objectives of community-based programs as intervention As

provided in Section 19 of the Act, the community-based programs for juvenile
intervention and delinquency prevention shall respond to the special needs,
problems, interests and concerns of children and offer appropriate counseling
and guidance to them and their families. All community-based programs to be
designed by LGUs shall consist of three levels:
(1) Primary intervention includes general measures to promote social
justice and equal opportunity, which tackle perceived root causes of
offending.
(2) These shall include programs on advocacy, socio-economic service,
health and nutrition, training and education.
(3) Secondary intervention includes measures to assist children at risk,
i.e., protective services for children; and
(4) Tertiary intervention includes measures to avoid unnecessary contact
with the formal justice system and other measures to prevent re-
offending, i.e., diversion programs, rehabilitation, reintegration and
after care services, which shall be further defined in Parts VII, VIII and
XI of these Rules. These programs intend to minimize the commission
of offenses by children who are potentially and actually in conflict with
the law and their eventual apprehension by law enforcement officers.

Programs and services for Juvenile Intervention

(1) Services and programs that respond to the special needs, problems,
interests and concerns of children and offer appropriate counseling
and guidance to children and their families shall be developed, or
strengthened where they exist.

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 (2) A wide-range of community-based support measures for children,
including but not limited to community development centers,
recreational facilities and services that respond to the special problems
of children at risk, shall be provided, or strengthened where they exist.
(3) Special facilities shall be set up to provide adequate shelter for children
who are no longer able to live at home or who do not have homes to
live in.
(4) A range of services and helping measures shall be provided to deal
with adulthood. Such services shall include special programs for young
drug abusers, which emphasize care, counseling, assistance and
therapy-oriented interventions. LGUs shall share resources with and
support the programs of private and non-government organizations
providing services for children.
(5) Youth organizations shall be created or strengthened at the local level
and given full participatory status in the management of community
affairs. These organizations shall encourage the youth to organize
collective and voluntary projects, particularly projects aimed at helping
children in need of assistance.
(6) The LGUs shall take special responsibility and provide necessary
services for homeless or street children. Information about local
facilities, accommodation, employment and other forms and sources of
help shall be made readily available to children.
(7) A wide range of recreational facilities and services of particular interest
to children shall be established and made easily accessible to them.

Role of different sectors in Juvenile Intervention and Prevention

Family - the family shall be responsible for the primary nurturing and
rearing of children, which are critical in delinquency prevention. As far as
practicable and in accordance with the procedures of the Act, a child in conflict
with the law shall be maintained in his/her family. Educational system by way of
contributing to juvenile intervention and delinquency prevention, educational
institutions shall:
(1) Work together with families, community organizations and agencies in
the prevention of juvenile delinquency and in the rehabilitation and
reintegration of child in conflict with the law.
(2) Provide adequate, necessary and individualized educational schemes
for children manifesting difficult behavior and children in conflict with
the law.
(3) In cases where children in conflict with the law are taken into custody
or detained in youth rehabilitation centers, provide the opportunity to
continue learning under an alternative learning system with basic
literacy program or non-formal education accreditation equivalency
system.

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 In addition to their academic and vocational training activities, educational
institutions shall devote particular attention to the following:
(1) Teaching of basic values and developing respect for the child’s own
cultural identity and patterns, for the social values of the country in
which the child is living, for civilizations different from the child’s own
and for human rights and fundamental freedoms;
(2) Promotion and development of the personality, talents and mental and
physical abilities of children to their fullest potential;
(3) Involvement of children as active and effective participants in, rather
than mere objects of, the educational process;
(4) Undertaking activities that foster a sense of identity with and of
belonging to the school and the community;
(5) Encouragement of young persons to understand and respect diverse
views and opinions, as well as cultural and other differences;
(6) Provision of information and guidance regarding vocational training,
employment opportunities and career development;
(7) Provision of positive emotional support to children and the avoidance
of psychological maltreatment;
(8) Prohibition of harsh disciplinary measures, particularly corporal
punishment;
(9) Seek to work together with parents, community organizations and
agencies concerned with the activities of children;
(10) Extend particular care and attention to children at risk. Specialized
prevention programs and educational materials, curricula, approaches
and tools should be developed and fully utilized;
(11) Give special attention to comprehensive policies and strategies for
the prevention of alcohol, drug and other substance abuse by children.
Teachers and other professionals should be equipped and trained to
prevent and deal with these problems. Information on the use and
abuse of drugs, including alcohol, should be made available to the
student body;
(12) Serve as resource and referral centers for the provision of medical,
counseling and other services to children, particularly those with
special needs and suffering from abuse, neglect, victimization and
exploitation;
(13) Attempt to meet and promote the highest professional and
educational standards with respect to curricula, teaching and learning
methods and approaches, and the recruitment and training of qualified
teachers;
(14) Plan, develop and implement extracurricular activities of interest to
children, in cooperation with community groups;
(15) Give special assistance to children who find it difficult to comply
with attendance rules, and to “drop-outs;”
(16) Promote policies and rules that are fair and just.

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 Mass media - the mass media shall play an active role in the promotion of
child rights, and delinquency prevention by relaying consistent messages through
a balanced approach. Media practitioners shall, therefore, have the duty to
maintain the highest critical and professional standards in reporting and covering
cases of children in conflict with the law consistent with the Guidelines for Media
Practitioners on the Reporting and Coverage of Cases Involving Children issued
by the Special Committee for the Protection of Children.

In all publicity concerning children, the best interest of the child should
be the primordial and paramount concern. Any undue, inappropriate and
sensationalized publicity of any case involving a child in conflict with the law is
hereby declared a violation of the child’s rights. The right of the child in conflict
with the law to have his/her privacy shall be respected. Any material information
obtained by media practitioners on the child in conflict with the law must not be
used in violation of this right or in any manner that may lead to the child’s
identity. Media practitioners shall not disclose the identities of the relatives of
the child to maintain confidentiality and privacy.
The mass media shall also be encouraged:
(1) To ensure that children have access to information and material from a
diversity of national and international sources;
(2) To portray the positive contribution of children to society; and
(3) To disseminate information on the existence of services, facilities and
opportunities for children in society.

INITIAL CONTACT WITH THE CHILD

Initial contact refers to the apprehension or taking into custody of a child

in conflict with the law by a law enforcement officer or private citizen. It includes
the time when the child alleged to be in conflict with the law receives a subpoena
under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of the same Rule in cases that do
not require preliminary investigation or where there is no necessity to place the
child alleged to be in conflict with the law under immediate custody.

If initial contact by private citizens or non-law enforcement officers - In the

event a child in conflict with the law is apprehended or taken into custody by
private citizens, the child shall be immediately referred to the appropriate law
enforcement officer for the child to undergo the proper investigation as provided
in the succeeding Rules.

Procedure for taking child into custody

From the moment the child is taken into custody, the law enforcement
officer shall faithfully observe the following procedure as provided in Section 21
of the Act:

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 (a) Properly identify him/herself and present proper identification to
the child.
(b) Immediately notify the child’s parents/guardians, the local social
welfare and development officer (LSWDO), and the Public Attorney’s
Office of the child’s apprehension. The notification shall be made not later
than eight (8) hours after apprehension.
(c) Explain to the child in simple language and in a language or
dialect that he/she can understand: The reason for placing the child under
custody; The offense that he/she allegedly committed; and His/her
constitutional rights.
(d) Immediately start the determination of the age of the child in
accordance with the guidelines provided in Rule 30 of this Act.
(e) Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. Whenever the
medical treatment is required, steps shall be immediately undertaken to
provide the same.
(f) Turn over the custody of the child to the LSWDO or other
accredited nongovernmental organizations immediately but not later than
eight (8) hours after apprehension. The turn over of custody shall be done
within the same eight (8) hours referred in item (b) under this Rule.
However, in cases where the child is found to be below the age of criminal
responsibility as defined in Section 20 of the Act, the law enforcement
officer shall immediately release the child to his/parents in accordance
with Rule 31 below. The turnover of children below the age of criminal
responsibility to parents notwithstanding, the law enforcement officer shall
proceed with the initial investigation, where appropriate. The above
procedure must be conducted in strict observance of the prohibitions
provided in Section 21 of the Act and in Rule 28 below while the law
enforcement officer is in custody of the child.
(g) A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender as prescribed in Section 21 of the
Act.

Initial Investigation: Nature and objective

The initial investigation is the stage after initial contact when the law
enforcement officer takes the statement of the child in conflict with the law. The
law enforcement officer shall, in the conduct of the initial investigation, determine
where the case involving the child in conflict with the law should be referred.

Who conducts; who are present

As provided in Section 22 of the Act, the law enforcement officer,

specifically from the Women and Children Protection Desk where present, shall
take the statement of the child during the initial investigation, which shall be
conducted in the presence of the following:

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 (1) Child’s counsel of choice or in the absence thereof, a lawyer from the
Public Attorney’s Office;
(2) Child’s parents, guardian, or nearest relative, as the case may be; and
(3) LSWDO. In the absence of the child’s parents, guardian, or nearest
relative, and of the LSWDO, the investigation shall be conducted in the
presence of a representative of an NGO or faith-based group, or a
member of the BCPC.

In taking the statement of the child, the law enforcement officer shall
observe the following guidelines:

(1) The investigation shall be child friendly and be conducted in a non-

intimidating manner.
(2) The interview of the child shall be conducted in a separate interview
room to make the child feel comfortable and free to express him/herself.
(3) The law enforcement officer shall use simple and understandable
language in taking the statement of the child during the initial investigation.
(4) The law enforcement officer shall allow the LSWDO, or the persons
taking his/her place as above enumerated, to actively assist in conducting
the initial investigation.
(5) There should be enough privacy to avoid unnecessary interruptions,
distractions and/or participation from non-parties that could humiliate or
make the child uncomfortable.
(6) The written statement to be prepared shall reflect the language used
by the child and not the language used by the law enforcement officer.
The initial investigation shall be conducted in the best interest of the child
and in a manner, which allows the child to participate and to express
him/herself freely.

Signing statements

The law enforcement officer conducting the initial investigation shall

ensure that all statements signed or thumb marked by the child during
investigation shall be witnessed by the child’s parents or guardian, the LSWDO,
or if not present, any other social worker, or counsel in attendance, who shall
affix his/her signature to the said statement. After taking the statement of the
child who is above fifteen (15) years of age but below eighteen (18) years of age,
the law enforcement officer shall refer the records of the child to the LSWDO for
an assessment if the child acted with discernment as provided in Rule 34. The
law enforcement officer shall transmit the following records of the child to the
LSWDO:

(1) Written statement of the child;

(2) Other pertinent records such as the documents showing the basis for
the determination of the age of the child;

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 (3) Medical report if available; and
(4) All other records that may assist the LSWDO in making an assessment
if the child acted with discernment.

The LSWDO shall, as part of the initial investigation, assess if the child
acted with discernment in accordance with Rule 34 and make the necessary
recommendation to the law enforcement officer on the basis of said assessment.
The law enforcement officer shall consider the assessment made by the LSWDO
in preparing the report of the initial investigation and in deciding where to refer
the case of the child.

Report on initial investigation; what to record

After the initial investigation, the law enforcement officer conducting the
same shall prepare a report, which contains the following information:
(1) Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such;
(2) That the parents or guardian of a child, the DSWD or the LSWDO, and
the PAO have been duly informed of the apprehension and the details
thereof;
(3) The exhaustion of measures to determine the age of a child;
(4) The basis for the determination of the age of the child;
(5) The precise details of the physical and medical examination or the
failure to submit a child to such examination;
(6) To whom the child was released and the basis for the release; and
(7) Where the case shall be referred as provided in the next Rule and the
basis for such disposition, i.e., the nature of the offense allegedly
committed by the child, the corresponding imposable penalty for the
commission of the alleged offense, and the assessment of discernment as
provided in Rule 34.

Where the case shall be referred

After the initial investigation, the law enforcement officer shall determine if
the case of the child shall be referred to:
(1) The LSWDO for intervention in accordance with Section 20 of the Act
and Part VII of these Rules if the child is Fifteen (15) years old or below; or
Above 15 but below 18 years of age and acted without discernment.
(2) Diversion, in accordance with Section 23 of the Act and Part VIII of
these Rules, under the: Law enforcement officer if the child is above 15
but below 18 years of age, acted with discernment and allegedly
committed an offense with an imposable penalty of not more than six (6)
years of imprisonment; or LSWDO if the child is above 15 but below 18
years of age, acted with discernment and allegedly committed an offense
that is a victimless crime with an imposable penalty of not more than six
(6) years of imprisonment.

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 (3) The prosecutor or judge if the child is above fifteen (15) but below 18
years of age, acted with discernment and allegedly committed an offense
with an imposable penalty of more than six (6) years of imprisonment. The
report on the initial investigation as required under Rule 23.f. shall state
where the case shall be referred and the basis for such disposition, which
include the following information: The nature of the offense allegedly
committed by the child; The corresponding imposable penalty for the
commission of the offense; and Where the case of the child shall be
referred in the event of an assessment that the child acted with
discernment as provided in Rule 34.

Turnover of Custody

In all cases, the law enforcement officer shall turn over the physical
custody of the child to the LSWDO within eight (8) hours from apprehension, as
required under Section 21(i) of the Act. The physical custody of the child shall be
transferred to the LSWDO even if the law enforcement officer has not yet
exhausted all measures to determine the age of the child under Rule 30 and
even if the initial investigation under Rule 23 has not yet been terminated. After
the physical custody of the child is turned over, the LSWDO shall then explain to
the child and the child’s parents/guardians the consequences of the child’s act
with a view towards counseling and rehabilitation, diversion from the criminal
justice system, and reparation, if appropriate, as required by Sec. 21(i) of the Act.
In the event a child whose custody is turned over by the law enforcement officer
is fifteen (15) years old or below, the LSWDO shall take all measures to release
the child to the parents or guardians, or to any of the persons or organizations
provided in Rule 31.b, and proceed with the development of appropriate
programs.

Pending turnover of custody

Pending the turn over of the custody of the child to the parents, guardians
or the LSWDO, as in cases when the child is apprehended at night time or during
weekends, the law enforcement officers shall ensure that the child shall be
temporarily secured in an area separate from that of the opposite sex and adult
offenders and not put in the detention cell or jail. The temporary physical custody
of child in such cases may also be given to a duly registered NGO, i.e., licensed
and accredited by the DSWD, a faith-based organization, a barangay official, or a
member of the BCPC.

Duty to maintain confidentiality and privacy

From the time he/she takes custody of the child in conflict with the law,
the law enforcement officer shall handle the case of the child with utmost
confidentiality. Particularly, the law enforcement officer shall:

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 (a) Use a system of coding that provides aliases for children taken
into custody;
(b) Maintain a separate logbook for children in conflict with the law;
(c) Exclude the public, particularly the media, from the area where
the child is being held in custody pursuant to Section 43 of the Act;
(d) Not provide any detail or information to the public, particularly
the media, that shall lead to the identity of the child;
(e) Keep the results of the medical examination confidential; and
(f) Mark the records of the child and the report on the initial
investigation as confidential. The law enforcement officer shall direct the
media to observe the Guidelines for Media Practitioners on the Reporting
and Coverage of Cases Involving Children issued by the Special
Committee for the Protection of Children.

Prohibited acts when in custody of child

(1) Detention - A child in conflict with the law shall not be locked up in a
detention cell .The child shall not be detained in the provincial, city or
municipal jail, even if there are quarters separate from adult detainees.
(2) Search by an officer of the opposite sex - A child in conflict with the
law shall not be searched by a law enforcement officer of the opposite
sex.
(3) Contact with adult offenders and offenders of opposite sex -
Should the detention of the child in conflict with the law be necessary
pending turnover to the LSWDO or the other persons who may take
custody of the child under Section 21(i) of the Act [Rule 31.b], the child
shall be secured in quarters separate from that of the opposite sex and
adult offenders.
(4) Vulgar language - As required under Section 21(d) of the Act, the law
enforcement officer having custody of the child shall refrain from using
vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law.
(5) Harassment and abuse - The law enforcement officer shall refrain
from sexually harassing or abusing, or making sexual advances on the
child in conflict with the law.
(6) Display and use of instruments of force or restraint - The law
enforcement officer shall refrain from subjecting the child in conflict with
the law to greater restraint than is necessary for apprehension. If
handcuffs or other instruments of restraint are used on the child, the law
enforcement officer shall record such fact in the report on the initial
investigation as required under Section 21(l) of the Act and Rule 23.f, and
the reason for the use of such instruments of restraint. As required under
Section 21(e) of the Act, the law enforcement officer from the time of initial
contact with the child shall also avoid displaying or using any firearm,
weapon, handcuffs or other instruments of force or restraint, unless

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 absolutely necessary and only after all other methods of control have been
exhausted and have failed.
(7) Violence or unnecessary force - As prescribed by Section 21(g) of
the Act, the law enforcement officer shall avoid the use of violence or
unnecessary force on the child in conflict with the law.

Prohibitions also applicable to non-law enforcement officers - Other

authorities including but not limited to persons to whom custody of the child is
turned over under and all persons having contact with the child in conflict with the
law shall also strictly observe the prohibitions under this Rule.

CRIMINAL RESPONSIBILITY

Who are exempt? As provided in Section 6 of the Act, the following shall
be exempt from criminal liability:
(1) A child fifteen (15) years of age or under at the time of the commission
of the offense;
(2) A child above fifteen (15) years but below eighteen (18) years of age
who acted without discernment at the time of the commission of the
offense.

Treatment of children exempt from criminal responsibility

Children exempt from criminal liability as referred in this Rule shall be

subjected to an intervention program pursuant to Section 20 of the Act and Part
VII of these Rules. Non-exemption from civil liability - the exemption from criminal
liability of children under this Rule does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

Who determines the age; when and how - As provided in Rule 22, the
law enforcement officer having initial contact with the child, after taking the child
into custody, shall immediately determine the age of the child. In making such
determination, the law enforcement officer shall, consistent with Section 7 of the
Act, take any or all of the following measures to ascertain the age of the child:

(1) Obtain documents that show proof of the child’s age, such as:
(a) Child’s birth certificate;
(b) Child’s baptismal certificate; or
(c) Any other pertinent documents such as but not limited to the
child’s school records, dental records or travel papers. The law
enforcement officer may obtain the above documents from any
of the following:
(a) Parents, guardian or relatives of the child (for copies of any of
the above documents);
(b) Local civil registrar or the National Statistics Office (for a copy of
the birth certificate);

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 (c) School the child attends (for school records, dental records,
birth certificate or baptismal certificate, when required by the
school);
(d) Local health officer (for medical records); and
(e) Church (for baptismal records).
(2) When the above documents cannot be obtained or pending receipt of
such documents, the law enforcement officer shall exhaust other
measures to determine age by:
(a) Interviewing the child and obtaining information that indicate age
(e.g., date of birthday, grade level in school);
(b) Interviewing persons who may have knowledge of the age of the
child (e.g., relatives, neighbors, teachers, classmates);
(c) Evaluating the physical appearance (e.g., height, built) of the
child; and
(d) Obtaining other relevant evidence of age. The law enforcement
officer may obtain the assistance of the LSWDO and the BCPC
in gathering documents and other relevant information in
ascertaining the age of the child.

In case of doubt; presumption of minority - In case of doubt as to the age

of the child, after all measures are exhausted to determine it, the age shall be
resolved in his/her favor. As provided in Section 7 of the Act, the child in conflict
with the law shall enjoy the presumption of minority. He/She shall enjoy all the
rights of a child in conflict with the law until he/she is proven to be eighteen (18)
years old or older.

If age is contested - As provided in Section 7 of the Act, any person

contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for
the determination of age before the Family Court which shall decide the case
within twenty four (24) hours from receipt of the appropriate pleadings of all
interested parties. If a case has been filed against the child in conflict with the law
and is pending in the appropriate court, the person shall file a motion to
determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be
suspended. In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned shall exert all efforts at determining the age
of the child in conflict with the law.

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Below the age of criminal responsibility

If it has been determined that the child taken into custody is fifteen (15)
years old or below, the authority which will have initial contact with the child has
the duty to:
(1) Immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest relative; and
(2) Notify the LSWDO for the determination of appropriate intervention and
prevention programs for the child.

Custody of child below age of criminal responsibility

If the parents, guardians or nearest relatives cannot be located, or if they

refuse to take custody of the child, the child may be released by the authority
having initial contact with the child to any of the following:
(1) A duly registered non-governmental organization, i.e., duly licensed
and accredited by the DSWD;
(2) A faith-based organization;
(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.

If parents, guardians or relatives are unable to take custody of the child

due to mental or physical incapacity or incarceration, the child shall be referred to
alternative placement such as foster homes, in addition to what has been
provided in the Act.

Duty of the local social worker

Immediately after being notified of the apprehension of the child fifteen

(15) years old or below, the LSWDO shall (1) Prepare a case study report on the
child; and (2) Determine the appropriate intervention and prevention programs in
consultation with the child and the person having custody over the child. The
LSWDO shall also determine if the child is abandoned, neglected or abused by
his/her parents for purposes of filing a petition for involuntary commitment if
necessary. If the safety of the child is in danger in view of the alleged
commission of the offense, the LSWDO shall encourage the parent or guardian
of the child to request for temporary custody of the child to the DSWD or licensed
and accredited NGOs. In the event the parent or guardian does not agree to the
request for temporary custody of the child, the LSWDO shall carefully review the
case of the child and file a petition for involuntary commitment when sanctioned
by law, in accordance with P.D. 603 and the SC Rule on Commitment of
Children.

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Petition for involuntary commitment

A petition for involuntary commitment may be filed by the LSWDO with the
technical assistance of DSWD, or by the DSWD if:

(a) The child in conflict with the law is found by the LSWDO to be
abandoned, neglected or abused by his/her parents; or
(b) he parents do not comply with the intervention and prevention
programs as determined under Part VII of these Rules. A child in conflict
with the law is considered:

(1) “Abandoned” when the child has no proper parental

care or guardianship or when the child’s parents or guardians have
deserted him/her for a period of at least six (6) continuous months,
as provided in Art. 141(2), Title VIII of P.D. 603;
(2) “Neglected” when his/her basic needs have been
deliberately unattended or inadequately attended as provided in
Art. 141(3) of P.D. 603; or
(3) “Abused” when upon the evaluation of the LSWDO,
the child is found to be maltreated, whether habitual or not, as
defined in Section 3(b) of Republic Act No. 7610, or the “Special
Protection of Children Against Abuse, Exploitation and
Discrimination Act” [“R.A. 7610”].

Above the age of criminal responsibility

The child in conflict with the law who is above fifteen (15) but below
eighteen (18) years of age shall be exempt from criminal responsibility, unless
he/she acted with discernment. Being exempt, the child shall be dealt with in the
same manner as a child who is below the age of criminal responsibility as
provided in Rule 30 and Part VII of these Rules. If the child in conflict with the law
is above fifteen (15) years old but below eighteen (18) years of age acted with
discernment, the child shall proceed to diversion under

Discernment

Discernment is the mental capacity to understand the difference between

right and wrong and its consequences.

The LSWDO, after the law enforcement officer refers the records of a
child who is fifteen (15) years old or above but below eighteen (18) years old as
provided in Rule25.f, shall prepare a report indicating an assessment if the child
acted with discernment for the purpose of determining whether to proceed with
intervention under Sec. 20 of the Act (Part VII of these Rules) or with diversion
under Chapter 2 of the Act (Part VIII of these Rules). In making an assessment

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if the child who is above fifteen (15) years but below eighteen (18) years of age
acted with discernment, the LSWDO shall take into consideration:

(1) All the facts and circumstances of the case;

(2) The educational level and performance of the child in conflict with the
law;
(3) The appearance, attitude, comportment and behavior of the child in
conflict with the law, before, during and after the commission of the
offense. The LSWDO shall consider only factors that indicate if the child
acted with discernment and not indicators of premeditation or intention to
commit the alleged offense. The LSWDO shall be further guided by
procedures to be prescribed by the DSWD in making an assessment of
the presence or absence of discernment. The LSWDO shall endeavor
continuously be updated with latest trends in conducting psychosocial
analyses of children and research on factors affecting the behavior of
children in conflict with the law.

After making an assessment, the LSWDO shall prepare a report showing

the basis for the assessment if the child acted with or without discernment. This
report shall be submitted to the law enforcement officer handling the case of the
child. After receipt of the report by the LSWDO, the law enforcement officer shall
conclude the initial investigation and refer the case of the child in accordance
with Rule 26.

If after consideration of the initial assessment that the child who is above
fifteen (15) but below eighteen (18) years of age acted without discernment, the
law enforcement officer refers the case of the child to the LSWDO for
intervention pursuant to Rule 26(1), the LSWDO has the duty to:

(1) Immediately release the child to the custody of his/her parents or

guardian, or in the absence thereof, the child’s nearest relative or to those
listed in Rule 31 when appropriate; and
(2) Determine the appropriate intervention and prevention programs for
the child as provided in Part VII of these Rules.

The offended party, in the event he/she contests the assessment of

absence of discernment, may file the appropriate case before the prosecutor.

INTERVENTION FOR CHILDREN EXEMPT FROM CRIMINAL LIABILITY

The following children exempt from criminal liability shall be given the
appropriate intervention programs:

(a) Those taken into custody who are fifteen (15) years old or
below; and

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 (b) Those above fifteen (15) but below eighteen (18) years old
and found to have acted without discernment.

Factors in determining appropriate intervention programs

In determining the appropriate intervention and prevention programs for

children exempt from criminal liability, the LSWDO shall take into account the
best interest of the child, which considers, among others, the following:

(a) Circumstances of the child (e.g., age, level of development,

educational background);
(b) Needs of the child if specially disadvantaged, i.e., street child, or child
with mental or physical difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the growth of the child;
(e) Ability and willingness of the parents or guardians to guide and
supervise the child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for intervention and
prevention; and
(h) Safety and security of the child.

The LSWDO shall further be guided by the principles of intervention as

provided in Rule 15.The LSWDO shall engage the active participation of the
child, in accordance with his/her evolving capacity, and his/her parents or
guardians in the formulation and the implementation of the intervention
programs.

Kinds of intervention programs

The intervention programs for the child exempt from criminal liability may
include any or a combination of the following:
(a) Counseling;
(b) Peer counseling and life skills training and education;
(c) Provision of support services to the family, e.g., parent effectiveness
service, livelihood programs, skills trainings, etc.;
(d) Referral to other agencies for appropriate services, e.g., education,
health, skills training, etc.; and
(e) Access to child and youth organizations in the community, such as but
not limited to the Sangguniang Kabataan. The intervention programs
determined by the LSWDO also include programs for the parents and
family of the child. The time frame of the intervention programs and the
outcome desired shall be specified.

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 The child and the parents, guardian or persons having custody of the
child shall regularly report to the LSWDO who determined the intervention
program for evaluation of the:
(a) Effectiveness of the program; and
(b) Compliance by the child and the parents with the terms and conditions
of the prevention program. The frequency of reporting shall be determined
by the LSWDO in the intervention program. To determine compliance with
the program, the LSWDO shall also:
(a) Conduct periodic visits at the home of the child or at the place where
the custody of the child is given; and
(b) Conduct case conference with local officials and authorities of the
school where the child attends.

If the child and the parents, guardian or persons having custody of the
child fail to comply with the intervention program, despite exhausting all efforts to
assist them, the LSWDO may file the proper petition for involuntary commitment
of the child pursuant to P.D. 603.

DIVERSION FOR CHILDREN WHO ACTED WITH DISCERNMENT

Diversion refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child in conflict with the law on
the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings. In implementing
diversion, the following principles shall be considered:

(a) Use of positive measures;

(b) Full mobilization of all possible resources, which include the family,
volunteers, schools and other community institutions;
(c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.

Who shall undergo; venue of diversion

Pursuant to Section 23 of the Act, the child in conflict with the law shall
undergo diversion proceedings if he/she:
(a) Is above fifteen (15) years but below eighteen (18) years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable penalty of not more
than six (6) years of imprisonment if diversion is conducted at the
barangay, police or prosecutor’s level, and not more than twelve (12)
years of imprisonment, if diversion is resorted to by the court.

Where diversion may be conducted

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 As provided under Section 24 of the Act, if the imposable penalty for the
offense committed is not more than six (6) years of imprisonment, diversion
may be conducted at the:
(a) Katarungang Pambarangay level under the Punong Barangay as
provided in Rule 43;
(b) Police investigation stage under the law enforcement officer as
provided in Rule 44; or
(c) Inquest or preliminary investigation stage under the prosecutor as
provided in Rule 55. If the offense with the imposable penalty of not
more than six (6) years imprisonment is a victimless crime, the
diversion proceedings shall be conducted by the LSWDO in
coordination with the BCPC. If the imposable penalty for the offense
committed exceeds six (6) years of imprisonment but not more than
twelve (12) years of imprisonment, diversion may resorted to only by
the court.

At the Katarungang Pambarangay level, diversion prior to entry to the

criminal justice system, a child in conflict with law may undergo diversion
proceedings outside the criminal justice system when his/her case is referred to
the barangay through the Lupon Tagapamayapa. Diversion at the Katarungang
Pambarangay level shall be conducted by the Lupon Tagapamayapa, chaired by
the Punong Barangay, with the assistance of the members of the BCPC, as
provided in Section 23 (a) of the Act.

Nature of proceedings; participants

The Punong Barangay shall conduct mediation, family conferencing and

conciliation and, where appropriate, adopt indigenous modes of conflict
resolution with a view to accomplishing the objectives of restorative justice and
the formulation of a diversion program. The child and his/her family shall be
present in the conduct of these diversion proceedings. The offended party may
participate in the diversion proceedings. The absence of the offended party in the
diversion proceedings or his/her disagreement in its conduct shall not prevent the
proceedings from being conducted. The Punong Barangay shall, however,
endeavor to obtain the participation and the consent of the offended party in the
formulation of the diversion program.

Formulation and supervision of diversion program at the Barangay level -

The diversion program at the Katarungang Pambarangay level shall be
formulated by the Punong Barangay with the assistance of the BCPC members
in accordance with Rule 49. The supervision of the diversion program at this level
shall likewise be done by the Punong Barangay, with the assistance of the
BCPC. As a form of monitoring, the members of the BCPC and the community
volunteers to be designated by the BCPC may conduct house visits with the child
and his/parents or guardian to track the child’s compliance with the contract of

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diversion and the child’s performance of the diversion program. This may be
done in consultation with the LSWDO.

Duty of Punong Barangay when there is no diversion

Pursuant to Section 27 of the Act, the Punong Barangay handling the case
shall, within three (3) days from determination of absence of jurisdiction or
termination of the diversion proceedings as provided below, forward the records
of the case to the:

(1) Law enforcement officer or prosecutor – when the child or the

child’s parents/guardian does not consent to a diversion. Upon the
issuance of the corresponding document, certifying to the fact that no
agreement has been reached by the parties, the case shall be filed
according to the regular process.
(2) Prosecutor or the court – when the case involves an offense
with an imposable penalty of more than six (6) years imprisonment.

When conducted at the law enforcement level - Diversion shall be

conducted at the law enforcement level when:
(1) After the conduct of diversion proceedings at the Katarungang
Pambarangay level, the child or the child’s parents/guardian does not
consent to a diversion and the Punong Barangay forwards the case of
the child as provided under Rule 43.d (i);
(2) After the conduct of the initial investigation, the law enforcement
officer determines that the child is above 15 but below 18 years of age,
acted with discernment and allegedly committed an offense, that is not
a victimless crime, with an imposable penalty of not more than six (6)
years of imprisonment, as provided under Rule 26(2)(a).

Who conducts and assists

Diversion at the police investigation stage shall be conducted by the law

enforcement officer with the assistance of the LSWDO, as provided in Section
23(a) of the Act.

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 Nature of proceedings; participants - The nature of diversion
proceedings to be conducted by the law enforcement officer and the participants
therein shall be the same as that under Rule 43.c. Rule 44.d. Duty of the law
enforcement officer when there is no diversion Pursuant to Section 23 of the Act,
the law enforcement officer handling the case shall forward the records of the
case to the prosecutor or judge when the case involves an offense with an
imposable penalty of more than six (6) years imprisonment; or the child or the
child’s parents/guardian does not consent to a diversion. The case records shall
be forwarded within three (3) days from determination of absence of jurisdiction
or termination of the diversion proceedings as above stated. The prosecutor or
judge to whom the records are referred shall conduct the preliminary
investigation and determine whether or not the child should remain under
custody and correspondingly charged in court.

When diversion is conducted at the LSWDO level

Diversion shall be conducted at the level of the LSWDO when after the
conduct of initial investigation, the law enforcement officer determines that the
child is above 15 but below 18 years of age, acted with discernment and
allegedly committed a victimless crime where the imposable penalty is not more
than six (6) years of imprisonment, as provided under Rule 26(2)(b).

Nature of proceedings - The LSWDO shall meet with the child and
his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC.

At the court level

Where the imposable penalty for the crime committed exceeds six (6)
years imprisonment, diversion measures may be resorted to only by the court
and will proceed in accordance with the SC Rules on Juveniles in Conflict with
the Law.

Diversion proceedings

The authority conducting the diversion proceedings shall:

(1) Explain to the child and his/her family the objective of the
diversion proceedings, the value of diversion and the consequence of not
undergoing diversion.
(2) Ask the child of the circumstances of the offense, the motives or
purpose of the offense and the factors that led the child to commit the
offense.

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 (3) Ask the child of his/her personal circumstance including his/her
parents and family, his/her peers and educational status.
(4) Make the child in conflict with the law understand the
consequences of his/her actions and the corresponding responsibilities.
(5) Ensure that the child understands and realizes his/he
accountability, be remorseful of his/her actions and takes on the
responsibility in repairing the harm done in lieu of filing a formal case in
the court. The authority conducting the diversion proceedings shall also
determine if diversion is appropriate and desirable based on the factors
provided in the next Rule. Upon a finding that diversion is not applicable or
desirable, the authority handling the diversion proceedings shall issue the
corresponding document certifying to such fact and shall file the case
according to the regular process.

Factors in determining if diversion is appropriate

In determining whether diversion is appropriate and desirable, the

following factors shall be taken into consideration by the authority conducting the
diversion proceedings:

(1) Nature and circumstances of the offense charged;

(2) Frequency and the severity of the act;
(3) Circumstances of the child (e.g. age, maturity, intelligence, etc.);
(4) Influence of the family and environment on the growth of the child;
(5) Reparation of injury to the victim;
(6) Weight of the evidence against the child;
(7) Safety of the community; and
(8) Best interest of the child. The determination of appropriateness and
desirability of diversion shall consider the recommendation of the LSWDO,
when applicable.

Conduct of diversion proceedings

The authority conducting the diversion proceedings shall ensure that the
proceedings are child-friendly and sensitive to the needs, welfare and the
protection of the rights of the child in conflict with the law. The authority shall use
language that is simple and understandable to the child in conflict with the law.
Diversion proceedings shall be conducted in a place where the identities of the
child and the parties concerned are kept confidential. There should be enough
privacy to avoid unnecessary interruptions, distractions and/or participation from
non-parties that could humiliate or make the child uncomfortable. The DSWD, in
consultation with the LGUs particularly LCPCs, shall formulate rules and
guidelines that should be followed during the diversion proceedings to protect the
child from coercion, intimidation, harm, abuse, or other actions detrimental to the
child. Such guidelines shall ensure that the child understands the diversion
proceedings in which he/she is involved.

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Custody pending diversion proceedings

Pending the conduct of the diversion proceedings, the custody of the child
shall be given to the parents, guardians, relatives or any other responsible
person in the community, taking into consideration the best interest of the child in
conflict with the law.

Whose consent required; if not obtained

The consent of the child and of the parents or guardian of the child shall
be obtained in arriving at a contract of diversion. When the consent of either is
not obtained, the diversion proceedings shall be terminated and the case of the
child referred in accordance with Rule 51.

Length of proceedings; when terminated

The diversion proceedings shall be completed within forty-five (45) days.

Diversion proceedings are deemed terminated when:
(1) A contract of diversion has been entered;
(2) The forty-five day period expires without any agreement reached;
(3) The child or his/her parents or guardian do not consent to a diversion;
(4) The authority conducting the diversion finds that diversion is not
applicable based on the factors enumerated in the immediately preceding
Rule.

Contract of diversion

A contract of diversion may be entered during the diversion proceedings

when the child voluntarily admits the commission of the act as provided in
Section 26 of the Act. The voluntary admission of the child during the diversion
proceedings shall be only deemed as consent to undergo the diversion program
and shall not be considered a plea of guilt.

Admission not to be taken against the child

Any admission of the child shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings. Neither shall the
admission be used against the child through denial of privileges and
opportunities, discrimination in treatment, or imposition of any form of liability or
punishment by reason of such admission.

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 Acceptance of contract; form and content The contract of diversion
containing the diversion program shall be effective and binding if accepted by the
child and the parents or guardian of the child. The contract shall be in writing and
signed by the:

(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings (the Punong
Barangay, the law enforcement officer or the prosecutor);
(4) Member of the BCPC assisting the Punong Barangay, in cases of
diversion proceedings at the Katarungang Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law enforcement
officer or by the prosecutor.
(1) The contract of diversion shall contain the individualized diversion
program and shall stipulate the rights, responsibilities or accountabilities of
the child, the parents or guardian and the offended party, when applicable.
The contract of diversion considers as the responsibility or accountability
of the child to restore the harm done in view of the offense committed. As
such, the authority conducting the diversion proceedings shall endeavor to
obtain the agreement of the offended party in the formulation of the
individualized diversion program contained in the contract of diversion by:
 Explaining to the offended party the benefits of forgiveness and
diversion, and the need to reform the child within the auspices of
the community instead of detention homes or rehabilitation centers
once the child expresses remorse and a willingness to ask for
forgiveness from the offended party;
 Assuring the offended party that the LSWDO, together with the
local government and the community, will take care of the
responsibility of reforming and monitoring the child through various
diversion programs. However, the acceptance of the offended party
is not required for a contract of diversion to be valid.

Factors Considered in Formulating of the diversion program

The diversion program shall be formulated during the diversion

proceedings. In the formulation of the diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the
law, including but not limited to the cultural, social, economic and religious
circumstances of the child, shall be used to formulate an individualized
treatment. Consistent with Section 30 of the Act, the following factors shall be
considered in formulating a diversion program for the child:
(1) The child’s feelings of remorse for the offense he/she committed;
(2) The parents’ or legal guardians’ ability to guide and supervise the child;
(3) The victim’s view about the propriety of the measures to be imposed;

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 (4) The availability of community-based programs for rehabilitation and
reintegration of the child; and
(5) Record of prior offenses, if any.
(2) The diversion program shall include adequate socio-cultural and
psychological responses and services for the child.

Kinds of diversion program

As provided in Section 31 of the Act, at the different stages where

diversion may be resorted to, the diversion programs may be agreed upon, such
as, but not limited to:

At the level of the Punong Barangay:

(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f) Care, guidance and supervision orders;
(g) Counseling for the child in conflict with the law and the child’s
family;
(h) Attendance in trainings, seminars and lectures on: anger
management skills; problem solving and/or conflict resolution skills;
values formation; and other skills which will aid the child in dealing
with situations which can lead to repetition of the offense;
(i) Participation in available community-based programs, including
community service; or
(j) Participation in education, vocation and life skills programs.

At the level of the law enforcement officer and the prosecutor:

(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds or instruments of the
crime;

At the level of the appropriate court:

(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.

PROSECUTION

When to proceed to preliminary investigation

A child in conflict with the law shall proceed to appropriate preliminary

investigation in the following cases:

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 (a) The offense committed by the child in conflict with the law has
an imposable penalty of more than six (6) years;
(b) Offended party opts to file an action with failure to comply with
the terms of diversion;
(c) No consent or agreement to a diversion; and
(d) When considering the assessment and recommendation of the
LSWDO, the prosecutor determines that diversion is not appropriate for
the child in conflict with the law.

In cases where no consent or agreement to a diversion was reached at

the level of the law enforcement officer or LSWDO conducting the diversion
proceedings, the prosecutor shall still endeavor to arrive at an agreement to a
diversion program.

If there is an allegation of torture or ill-treatment of a child in conflict with

the law during arrest or detention, it shall be the duty of the prosecutor to
investigate the same and initiate the corresponding legal action when necessary.

As provided in Section 33 of the Act, upon serving the subpoena and the
affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of
such service, as well as the personal information, and place of detention of the
child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information

against the child shall be filed before the Family Court within forty-five (45) days
from the start of the preliminary investigation.

If the child in conflict with the law is deprived of liberty at the time the
prosecutor assumes jurisdiction of the case, the PAO has the duty to manifest to
the court such fact with the objective of obtaining an immediate order of release
from the Court.

COURT PROCEEDINGS

Where the maximum penalty imposed by law for the offense with which
the child in conflict with the law is charged is imprisonment of not more than
twelve (12) years, regardless of the fine or fine alone regardless of the amount,
and before arraignment of the child in conflict with the law, the court shall,
pursuant to the SC Rules on Juveniles in Conflict with the Law, determine
whether or not diversion is appropriate.

Children detained pending trial may be released on bail or recognizance

as provided for under Sections 34 and 35 of the Act. In all other cases and
whenever possible, detention pending trial may be replaced by alternative
measures, such as close supervision, intensive care or placement with a family
or in an educational setting or home.

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 Institutionalization or detention of the child pending trial shall be used only
as a measure of last resort and for the shortest possible period of time.

Bail refers to the security given for the release of the person in custody of
the law, furnished by him/her or a bondsman, to guarantee his/her appearance
before any court. Bail may be given in the form of corporate security, property
bond, cash deposit, or recognizance. For purposes of recommending the amount
of bail, the privileged mitigating circumstance of minority shall be considered.

Recognizance refers to an undertaking in lieu of a bond assumed by a

parent or custodian who shall be responsible for the appearance in court of the
child in conflict with the law, when required. Where a child is detained, the court
shall order the:
(a) release of the minor on recognizance to his parents and other
suitable persons;
(b) release of the child in conflict with the law on bail; or
(c) transfer of the minor to a youth detention home/youth
rehabilitation center.

No jail detention

The court shall not order the detention of a child in a jail pending trial or
hearing of his/her case. Whenever detention is necessary, a child will always be
detained in youth detention homes established by local governments, pursuant to
Section 8 of the Family Courts Act, in the city or municipality where the child
resides. In the absence of a youth detention home, the child in conflict with the
law may be committed to the care of the DSWD or a local rehabilitation center
recognized by the government in the province, city or municipality within the
jurisdiction of the court. The center or agency concerned shall be responsible for
the child’s appearance in court whenever required.
Automatic suspension of sentence

Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension of sentence
shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.

Disposition measures

Upon suspension of sentence and after considering the various

circumstances of the child, the court shall impose the appropriate disposition

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measures as provided in the Supreme Court Rule on Juveniles in Conflict with
the Law.

Discharge of the Child in Conflict with the Law

Upon the recommendation of the social worker who has custody of the
child, the court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and shall
order the final discharge of the child if it finds that the objective of the disposition
measures have been fulfilled. The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the commission of the offense,
which shall be enforced in accordance with law.

Return of the Child in Conflict with the Law to Court

If the court finds that the objective of the disposition measures imposed
upon the child in conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with the law shall be
brought before the court for execution of judgment. If said child in conflict with
the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended
sentence for a certain specified period or until the child reaches the maximum
age of twenty-one (21) years.

Credit in Service of Sentence

The child in conflict with the law shall be credited in the services of his/her
sentence with the full time spent in actual commitment and detention under this
Act.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child on
probation in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Sec. 4 of Presidential Decree No. 968,
otherwise known as the “Probation Law of 1976”, is hereby amended
accordingly.

REHABILITATION AND REINTEGRATION

Rehabilitation is the process of rectifying or modifying a child’s negative

attitude and behavior. It enables the child to change his/her negative behavior
into something positive and acceptable to the community. Reintegration is the

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process, which promotes or facilitates the acceptance of the child back to the
community. It is the healing of the victim’s and the community’s wounds that was
inflicted on them by the offense. Rehabilitation is integral to the process of
reintegration.

As provided in Section 44 of the Act, the objective of rehabilitation and

reintegration of children in conflict with the law is to provide them with
interventions, approaches and strategies that will enable them to improve their
social functioning with the end goal of reintegration to their families and as
productive members of their communities. Specifically, the objectives of the
rehabilitation and reintegration of children in conflict with the law are the:

(a) Provision of protection that substitutes parental care to the children in

conflict with the law;
(b) Assistance to the children in gaining insight into their behavior and
attitudes and redirection of counter productive behavior patterns and anti-
social attitudes into more positive and constructive ones;
(3) c) Enhancement of the children’s coping capabilities and trust on others;
(c) Provision of opportunities for the children to acquire social and
occupational skills and improved self-image;
(4) (e) Facilitation of the disposition of the case in court and the child’s
reintegration with family and community; and
(e) Assistance to CICLs through educational intervention in the alternative
learning system.

Rehabilitation of children in conflict with the law

Children in conflict with the law, whose sentences are suspended may
upon order of the court, undergo any or a combination of disposition measures,
which are already in place, best suited to the rehabilitation and welfare of the
child as provided in the Supreme Court Rule on Juveniles in Conflict with the
Law.

Community-based programs for rehabilitation

Nature and objectives of community-based rehabilitation In addition to the

objectives of rehabilitation and reintegration in Rule 71, community-based
programs for rehabilitation shall:

(1) Prevent disruption in the education or means of livelihood of the child in

conflict with the law in case he/she is studying, working or attending
vocational learning institutions;

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 (2) Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their
relationship and to create greater awareness of their mutual and reciprocal
responsibilities;
(3) Facilitate the rehabilitation and mainstreaming of the child in conflict with
the law and encourage community support and involvement; and
(4) Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.

The criteria in the development of programs for community-based

rehabilitation Every LGU shall establish community-based programs that will
focus on the rehabilitation and reintegration of the child. All programs shall
meet the criteria to be established by JJWC, which shall take into account the
following:

(1) The purpose of the program, which is to promote the rights and welfare of
the child in conflict with the law;
(2) The need for the consent of the child and his/her parents or legal
guardians to ensure the effectiveness of the program and the involvement
of the family; and
(3) The maximum participation of the DSWD accredited child-centered
agencies in the community where the child in conflict with the law is in,
whether public or private. The community-based programs that will
specifically focus on the reintegration of children in conflict with the law
may include but should not be limited to the existing/retained package of
community-based programs being implemented by the LGU.

The implementation of community-based rehabilitation programs under

the supervision and guidance of the LSWDO, and in coordination with his/her
parents or guardian, the child in conflict with the law shall participate in
community-based programs, which shall include, but are not limited to:

(a) Competency and life skills development;

(b) Socio-cultural and recreational activities;
(c) Community volunteer projects;
(d) Leadership training;
(e) Social services;
(f) Homelife services;
(g) Health services;
(h) Spiritual enrichment;
(i) Community and family welfare services; and
(j) Continuing education programs. Based on the progress
of the youth in the community, a final report will be forwarded by the local
social welfare and development officer to the court for final disposition of
the case.

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 The family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation. If the community-based
rehabilitation is availed by a child in conflict with the law, he/she shall be released
to parents, guardians, relatives or any other responsible person in the
community.

Institutional rehabilitation

The objective of rehabilitation of children in conflict with the law in

institutions is to provide care, protection, education and vocational skills, with a
view to assisting them to assume socially constructive and productive roles in
society. Children in conflict with the law who are placed in institutions shall
receive care, protection and all necessary assistance – social, educational,
vocational, psychological, medical and physical – that they may require because
of their age, sex, and personality and in the interest of their wholesome
development.

Where a child may be admitted for rehabilitation

In the event the court finds that community-based rehabilitation is

inappropriate and deprivation of liberty through institutional rehabilitation is
required, the child in conflict with the law may be committed to one of the
following:

(1) Youth Detention Home;

(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities

As provided in Section 45 of the Act, no child shall be admitted in any

rehabilitation or training facility without a valid order issued by the court after a
hearing for the purpose.

The details of the court order referred in Rule 74.c shall be immediately
entered in a register exclusively for children in conflict with the law. As required
by Section 45 of the Act, no child shall be admitted in any facility where there is
no such register.

The LSWDO shall prepare a Social Case Study Report on the child in
conflict with the law and forward this Report to the rehabilitation facility that shall
admit the child. This
Report shall include the psychological evaluation, medical records, birth
certificate, school records and other documents necessary for planning the
rehabilitation of the child.

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Treatment of children in institutional rehabilitation

As provided in Section 46 of the Act, the rehabilitation, training or

confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality
counseling and treatment. In the interest and well-being of the child in conflict
with the law admitted in any facility, his/her parents or guardians shall have a
right of access.

In all rehabilitation or training facilities, it shall be mandatory that children

shall be separated from adults, unless they are immediate members of the same
family, as provided in Section 46 of the Act. Under no other circumstance shall a
child in conflict with the law be placed in the same confinement as adults.

Female children in conflict with the law placed in an institution shall be

given special attention as to their personal needs and problems. In consideration
of their gender needs, female children in conflict with the law shall be handled
only by female doctors, correction officers and social workers. They shall be
accommodated separately from male children in conflict with the law. They shall
by no means receive less care, protection, assistance, treatment and training
than the male children in conflict with the law. The fair treatment of female
children in conflict with the law shall be ensured. In areas where there are few
female children in conflict with the law, temporary homes or shelters shall be set
up, subsidized and managed by the DSWD, LGUs or NGOs.

Gender-sensitivity training

No personnel of rehabilitation and training facilities shall handle children in

conflict with the law without having undergone gender sensitivity training. The
LGU in coordination the DSWD shall provide gender sensitivity training and other
appropriate trainings relative to treatment and rehabilitation of children in conflict
with the law.

Youth Detention Homes

A Youth Detention Home (or “Youth Home”) is a 24-hour child-caring

institution managed by accredited LGUsand licensed and/or accredited NGOs
providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
Youth Homes shall have different programs that meet the various needs of
children in conflict with the law. Children whose liberty is restricted pending trial
shall undergo programs different from those programs given children whose
sentences are suspended.

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 Only children in conflict with the law who are detained pending trial or are
detained with adults at the time of the effectivity of the Act may be placed in the
custody of Youth Homes. Institutionalization in Youth Homes shall only be done
through a court order after a determination that the continued deprivation of
liberty is necessary and that there are no appropriate alternatives for detention.

All LGUs shall exert efforts for the establishment of Youth Homes for
children in conflict with the law within five (5) years from the effectivity of the Act.
LGUs shall set aside an amount to build Youth Homes. Youth Homes may also
be established by private and non-government organizations licensed and
accredited by the DSWD, in consultation with the JJWC. All Youth Homes to be
established shall be separate and located in a compound far from jails and other
detention centers for adults. The DILG shall monitor the establishment and
maintenance of Youth Homes in the LGUs.

Operation and Standards

The DSWD through its Standards Bureau shall, in consultation with

concerned agencies, develop, review and enhance the standards for Youth
Homes to ensure efficiency, effectiveness and accountability in the delivery of
quality programs and services for children in conflict with the law who are
detained pending trial. All Youth Homes shall operate in a secure manner that
ensures the safety and protection of children in conflict with the law, staff and the
community where it is located. It shall engage them in a helping relationship with
a team of various disciplines in a home-like environment. It shall likewise comply
with the standards set forth by the DSWD Standards Bureau.

Registration, Licensing and Accreditation of Youth Homes

No Youth Home shall operate without a valid registration, license and

accreditation certificate from DSWD, except for Youth Homes managed by
LGUs, which shall be exempt from registration and licensing. The DSWD shall
undertake the accreditation and licensing of the operation of Youth Homes.
Failure to comply with the registration, licensing and accreditation requirements
shall be dealt with in accordance with Section 62 of the Act and Part XIV of these
Rules. Other DSWD rules and regulations for registration, licensing and
accreditation shall also be applied unless otherwise specified in these Rules.

LGU, private and NGO-managed Youth Homes established and operating

without registration and/or license certificates prior to the effectivity of the Act
shall apply for such within three (3) months upon effectivity of the IRR. Those
that will be established after the application for registration shall be done prior its
operation, for a license to operate within two years from date of registration.
Application for accreditation shall be done within one (1) year from issuance of
license. LGU-managed Youth Homes established prior to the effectivity of the Act
shall apply for accreditation within three (3) months from date of effectivity of this

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IRR and those that will be established thereafter shall apply within one (1) year
after its establishment. Applications for registration and license shall be filed with
the DSWD Field Office where the Youth Home is located, except those managed
by private and nongovernment organizations operating in more than one region,
in which case, applications shall be filed with the DSWD Standards Bureau,
Central Office. All applications for accreditation shall likewise be filed with the
DSWD Standards Bureau.

Youth Rehabilitation Center

A Youth Rehabilitation Center (or “Youth Center”) refers to a 24-hour

residential care facility that provides children in conflict with the law with care,
treatment and rehabilitation services under the guidance of a trained staff where
children in conflict with the law on suspended sentence, or “residents,” are cared
for under a structured therapeutic environment with the end view of reintegrating
them in their families and communities as socially functioning individuals. A
Youth Center is managed by the DSWD, LGUs, or licensed and/or accredited
NGOs monitored by the DSWD, and the preceding rules on registration, licensing
and accreditation shall apply.

Physical mobility of residents of Youth Centers may be restricted

pending court disposition of the charges against them. A quarterly report shall
be submitted by the Youth Center to the proper court on the progress of the
children in conflict with the law. Based on the progress of the children in the
center, a final report will be forwarded to the court for final disposition of the
case.
The DSWD shall establish Youth Centers in each region of the country.
The local government and other private and non-government entities and
organizations shall collaborate and contribute their support for the establishment
and maintenance of these facilities. In regions where Youth Centers are not yet
established the DSWD shall immediately establish a Youth Center within one (1)
year from the effectivity of the Act.

Registration, Licensing and Accreditation of LGU and NGO-Managed

Centers

In case of Youth Centers managed by LGUs and NGOs, the Rules on

registration, licensing and accreditation of Youth Detention Homes (Rules 76.e,
76.f and 76.g) shall apply.

The expenses for the care and maintenance of a child in conflict with the
law under institutional care, either in Youth Homes or Youth Centers, shall be
borne by his/her parents or those persons liable to support him/her. In case the
parents of the child in conflict with the law or those persons liable to support
him/her cannot pay all or part of said expenses, the government shall shoulder
said expenses in accordance with Rule 100.a. below.

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 The costs and maintenance of a child under institutional care shall be in
accordance with the guidelines set forth by the DSWD in consultation with LGUs,
private and licensed and/or accredited NGOs. These guidelines shall be updated
at least every five (5) years in consideration of the prevailing price of
commodities and cost of living in the locality where the facility operates.

Youth Centers, shall notify the parents and the concerned LGUs where
the offense was committed or where the child resides, as the case may be, within
two (2) weeks after admission, indicating the corresponding amount needed for
the care and maintenance of the child for the duration of his/her stay in the Home
or Center. Specific instruction on the payment modes shall also be given to
facilitate this. If no payment is made to the receiving institutions after three (3)
notices, Rules 100.a and 100.b shall apply.

A child in conflict with the law may, after conviction and upon order of the
court, be made to serve his/her sentence, in lieu of confinement in a regular
penal institution, in an agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the Bureau of Corrections,
in coordination with the DSWD.

After-care support services

After care support services are services given to children in conflict with
the law whose cases have been dismissed by the proper court because of good
behavior per recommendation of the DSWD social worker, the LGU, and/or any
accredited NGO youth rehabilitation center. After-care support services for
children in conflict with the law shall be given for a period of at least six (6)
months. After care support services include counseling and other community-
based services designed to facilitate social reintegration, prevent re-offending
and make the children productive members of the community. These services
may include but should not be limited to seminar/workshops, life skills
development, sports clinics activities, skill and livelihood programs for future
employment and membership to existing youth organizations that enhance and
teach life skills and positive lifestyle and other preventive programs.

The after-care support services under this Rule shall be provided by the
LSWDO. The development of these services shall comply with the criteria set by
the JJWC as provided in the Act and these Rules. The after-care support
services shall engage the active participation of the child and his/her parents or
guardians. Licensed and accredited NGOs may be mobilized by the LSWDO in
the provision of after-care support services.

CONFIDENTIALITY AND PRIVACY

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 Right to confidentiality and privacy - a child in conflict with the law has
the right to have his/her privacy respected fully at all stages of the proceedings,
from initial contact to the final disposition of the case, including stages when child
undergoes intervention, diversion, rehabilitation or aftercare programs. As such,
all records and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered privileged and
confidential. The identity of the child shall not be divulged unless necessary and
with authority of a judge. No information that may lead to the identification of a
child in conflict with the law and members of his/her family shall be published or
broadcast in any mass media. In case the offended party is a child, the right to
confidentiality and privacy of said child shall be governed by Republic Act No.
7610 (the “Special Protection Against Child Abuse, Exploitation and
Discrimination Act”), Republic Act No. 8505 (the “Rape Victim Assistance and
Protection Act”), and their Implementing Rules and Regulations.

As provided in Section 5(h) of the Act, the public shall be excluded

during the proceedings, from initial contact to the final disposition of the case,
and all records from these proceedings shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants in the proceedings
for any purpose whatsoever, except:
(a) To determine if the child in conflict with the law may have
his/her sentence suspended;
(b) If the child in conflict with the law may be granted probation
under the probation law; or
(c) To enforce the civil liability imposed in the criminal action.

The results of the medical examination of the child in conflict with the law
taken prior or during the trial shall be kept confidential, unless otherwise ordered
by the Family Court.

The disclosure of confidential records may only be done upon order of the
Court. The records of the child in conflict of the law may only be disclosed to
persons specifically enumerated in the order of the Court permitting such
disclosure. As provided in Section 43 of the Act, the records of a child in conflict
with the law shall not be used in subsequent proceedings, whether criminal, civil
or administrative, for cases involving the same offender as an adult, except when
beneficial for the offender and upon his/her written consent. As required under
Section 43 of the Act, all authorities having contact with the child in conflict with
the law or having access to the records of the child in conflict with the law shall
undertake all measures to protect this confidentiality of proceedings, including
the:

(a) Use of a system of coding that provides aliases for children taken into
custody;
(b) Maintenance of a separate logbook and a separate police blotter for
children in conflict with the law;

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 (c) Exclusion of the public, particularly the media, from the area where the
child is being held in custody pursuant to Section 43 of the Act;
(d) Non-disclosure of any detail or information to the public, particularly the
media, that shall lead to the identity of the child;
(e) Keeping the results of the medical examination confidential; and
(f) Marking of the records of the child and the report on the initial
investigation as confidential. Failure to undertake measures to
maintain confidentiality is punishable under Sec. 62 of the Act.

Exemption from perjury and liability for concealment or misrepresentation

A person who has been in conflict with the law as a child shall not be held
under any provision of law, to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to him/her for any
purpose, pursuant to Section 43 of the Act. No person shall also be denied
privileges and opportunities, discriminated against, punished or in any manner
held liable or responsible for non-disclosure of any fact relating to his/her conflict
with the law as a child.

EXEMPTING PROVISIONS

Status Offenses, not punishable

As provided in Section 57 of the Act, status offenses or offenses which

discriminate only against a child, while an adult does not suffer any penalty for
committing similar acts, shall not be punished. Any conduct not considered an
offense or not penalized if committed by an adult, including but not limited to
curfew violations, truancy, parental disobedience and the like, shall not be
considered an offense and shall not be punished if committed by a child. In the
event a child is apprehended for or accused of committing status offenses, law
enforcement officers have the obligation to immediately release the child and that
the provisions of this Act on prevention, diversion or rehabilitation shall not apply.

As provided in Section 58 of the Act, all children shall be exempt from

prosecution for the following offenses, being inconsistent with the United Nations
Convention of the Rights of the Child:

(1) Vagrancy and prostitution under Article 202 of the Revised Penal
Code;
(2) Mendicancy under Presidential Decree No. 1563; and
(3) Sniffing of rugby under Presidential Decree No. 1619.

Treatment of children exempt from prosecution

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 Upon initial contact with the child found to have committed any of the
offenses enumerated in Rule 89.a, the law enforcement officer shall immediately
turn over the custody of the child to the LSWDO. The child shall undergo
appropriate counseling and treatment program to be determined by the LSWDO
as provided in Section 58 of the Act. As mandated by Section 60 of the Act, in
the conduct of the proceedings beginning from the initial contact with the child,
the competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, deviants, prostitutes, vagrants or other
similar derogatory and attaching to them in any manner any other derogatory
names. “Competent authorities” under this Rule refers to persons having contact
with the child in conflict with the law including but not limited to:

(a) Law enforcement officers;

(b) Barangay officials and employees, including members of
the LCPCs;
(c) LSWDOs;
(d) Prosecutors;
(e) PAO lawyers;
(f) Judges;
(g) Court social workers;
(h) Personnel of youth detention homes and youth
rehabilitation centers;
(i) Personnel of agricultural camps and other training facilities
maintained, supervised and controlled by the BUCOR; and
(j) All persons having authority to implement community-
based programs for intervention, diversion and rehabilitation.

As provided in Section 60 of the Act, no discriminatory remarks and

practices shall be allowed particularly with respect to the child’s class, including
but not limited to gender, economic or social status, and physical condition, or
ethnic origin. As provided in Section 61 of the Act, the following and any other
similar acts shall be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being of the child
in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman and cruel forms of punishment
such as shaving the heads, pouring irritating, corrosive or harmful
substances over the body of the child in conflict with the law, or forcing
him/her to walk around the community wearing signs which embarrass,
humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all
forms under any and all instances.

Also prohibited under the Act are the following:

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 Violation of the confidentiality of proceedings involving a child in conflict
with the law, as provided in Section 43 of the Act and Part XIII of these Rules,
due to acts and omissions such as but not limited to the following:
(a) Disclosure to the media of records, including photographs, of children
in conflict with the law;
(b) Failure to maintain a separate police blotter for cases involving children
in conflict with the law; and
(c) Failure to adopt a system of coding to conceal material information,
which will lead to the child’s identity.
(d) Commission of prohibited acts under Section 21 of the Act and Rule 28
on Prohibited Acts when in custody of child.
(e) Failure to comply with the registration, licensing and accreditation
requirements under Rules 76 and 77.

CASUAL FACTORS TO JUVENILE PROBLEM BEHAVIOR

Over the years, criminologists have put forth a wide variety of motives for
what causes crime. People who deal with young people cite the following root
conditions: poverty, family factors, the environment, media influence, and
declining social morality. These will be taken up in order:

Poverty - Although it is considered passé to say poverty causes crime,

the fact is that nearly 22 percent of children under the age of eighteen live in
poverty. Poverty, in absolute terms, is more common for children than for any
other group in society. Ageism, they say, is the last frontier in the quest for
economic equality. Adolescents from lower socioeconomic status (SES) families
regularly commit more violence than youth from higher SES levels. Social
isolation and economic stress are two main products of poverty, which has long
been associated with a number of D-words like disorganization, dilapidation,
deterioration, and despair. Pervasive poverty undermines the relevance of school
and traditional routes of upward mobility. The way police patrol poverty areas like
an occupying army only reinforces the idea that society is the enemy whom they
should hate. Poverty breeds conditions that are conducive to crime.

Family Factors - One of the most reliable indicators of juvenile crime is

the proportion of fatherless children. The primary role of fathers in our society is
to provide economic stability, act as role models, and alleviate the stress of
mothers. Marriage has historically been the great civilizer of male populations,
channeling predatory instincts into provider/protector impulses. Economically,
marriage has always been the best way to multiply capital, with the assumption
being that girls from poorer families better themselves by marrying upward. Then,
of course, there are all those values of love, honor, cherish, and obey
encapsulated in the marriage tradition. Probably the most important thing that
families impart to children is the emphasis upon individual accountability and

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responsibility in the forms of honesty, commitment, loyalty, respect and work
ethic.

    Most of the broken home literature, for example, shows only weak or trivial
effects, like skipping school or home delinquency. Another area, the desistance
literature, shows only that children from two-parent families age-out of crime
earlier. In fact, there is more evidence supportive of the hypothesis that a
stepparent in the home increases delinquency, or that abuse and neglect in fully-
intact families lead to a cycle of violence. To complicate matters, there are
significant gender, race, and SES interaction effects. Females from broken
homes commit certain offenses while males from broken homes commit other
kinds of offenses. Few conclusions can be reached about African American
males, but tentative evidence suggests stepparenting can be of benefit to them.
SES differences actually show that the broken home is less important in
producing delinquency among lower-class youth than youth from higher social
classes. Most research results are mixed, and no clear causal family factors have
emerged to explain the correlation between fatherlessness and crime, but it is
certainly unfair to blame single mothers, their parenting skills, or their economic
condition for what are obviously more complex social problems.

The Environment - Unless we are willing to believe that testosterone (a

male stimulation-seeking hormone) causes crime, the only feasible explanations
left are environmental ones. The heredity-environment debate in explaining
juvenile crime is shaped by divided opinions about what factors are really
important: genetic tendencies, birth complications, and brain chemicals, on one
side; and being a victim of abuse, witnessing domestic battering, and learned
behaviors, on the other side. The idea that all behavior is learned behavior is
associated with environmental explanations. Sure, everyone has a potential for
violence, but we learn how to do it (in all its different forms) from observing others
do it. In fact, most of us are suckers for observing violence, glamorizing it to the
point where we like more and different forms of it everyday, in the news, on TV
shows, in action movies. So when you're talking about reducing the need to see
violence on TV, you're really talking biology or psychology. The study of
environmental factors, on the other hand, is concerned primarily with social
considerations. While violence may be part of everyone's behavioral repertoire,
the temptations (triggers, cues) to do it are embedded (lodged, locked, firmly put
in place) with social networks (relationships and situations) that more or less
make this kind of behavior seem acceptable at the moment.

The unfortunate truth is that, in many places, there are a growing number
of irresistible temptations and opportunities for juveniles to use violence. Brute,
coercive force has become an acceptable substitute, even a preferred substitute,
for ways to resolve conflicts and satisfy needs. Think of it as the schoolyard bully
who says "Meet me in the parking lot at 4:30". Under circumstances like these,

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the peer pressure and reward systems are so arranged that fighting seems like
the only way out.

Now think for a moment about the crucial importance of peer groups:
whether there are people who would respect you for standing up to fight, or
whether there are people important to you that would definitely not approve of
your fighting. What environmental learning theorists are saying is that there are
fewer and fewer friends available to help you see the error of your ways in
deciding to fight.

Most of the recent research in this area revolves around "neighborhood"

factors, such as the presence of gangs, illicit drug networks, high levels of
transiency, lack of informal supports, etc. Gang-infested neighborhoods, in
particular, have no effective means of providing informal supports that would help
in resisting the temptations to commit crime. Such neighborhoods would more
likely have an informal encouragement policy, with five or more places where you
could buy a gun and drugs available to give you the courage to use the gun.
Firearms- and drug-related homicides have increased over 150% in recent years,
and the clearest drug-violence connection is for selling drugs because illicit drug
distribution networks are extremely violent.

In such neighborhoods, families, school authorities, and even community

organizations are often incapable of providing any protection for children. There
are no peer-level social supports to reinforce the conventional lifestyles that
these agencies want their children to emulate. The reality of street life, its illicit
economy, and quick and easy pathways to success and prestige through
violence and crime all offer rewards that offset the risks associated with these
activities. And, even if a child experiences the risks of street life firsthand, like by
getting shot or stabbed, this only reinforces the child's desire for more exposure
to the learning of street life, to do better next time by listening more closely to
delinquent peers and not to the advice of legitimate authorities. Victimization and
perpetration go hand in hand. This is what is meant when criminologists say that
the best predictor of future delinquency is past behavior, or age of onset. The
strongest (primacy) effect is when violence is modeled, encouraged, and
rewarded for the first time. It determines the type of friends one chooses, which
in turn, determines what behaviors will be subsequently modeled, established,
and reinforced.

Media Influence - Popular explanations of juvenile crime often rest on

ideas about the corrupting influence of television, movies, music videos, video
games, rap/hip hop music, or the latest scapegoat du jour, computer games like
Doom or Quake. The fact is that TV is much more pervasive, and has become
the de facto babysitter in many homes, with little or no parental monitoring.
Where there is strong parental supervision in other areas, including the teaching
of moral values and norms, the effect of prolonged exposure to violence on TV is
probably quite minimal. When TV becomes the sole source of moral norms and

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values, this causes problems. Our nation's children watch an astonishing 19,000
hours of TV by the time they finish high school, much more time than all their
classroom hours put together since first grade. By eighteen, they will have seen
200,000 acts of violence, including 40,000 murders. Every hour of prime time
television carries 6-8 acts of violence. Most surveys show that around 80% of
American parents think there is too much violence on television.
Most of the scientific research in this area revolves around tests of two
hypotheses: the catharsis effect, and the brutalization effect; but I am giving this
area of research more credit than it deserves because it is not that neatly
organized into two hypotheses. Catharsis means that society gets it out of their
system by watching violence on TV, and brutalization means we become so
desensitized it doesn't bother us anymore, but there are also "imitation"
hypotheses, "sleeper" effects, and lagged-time correlations. The results of
research in this area are too mixed to give any adequate guidance, and it may
well be that social science is incapable of providing us with any good causal
analysis in this area. Only anecdotal evidence of a few cases of direct influence
exist.

Since the early 1990s, a number of films, music videos, and rap music
lyrics have come out depicting gang life, drugs, sex, and violence. Watching or
listening to these items gives you the feeling that the filmmakers or musicians
really know what they're talking about and tell it like it is, but there have been
unfortunate criminogenic effects. In 1992, for example, 144 law enforcement
officers were killed in the line of duty. That year, four juveniles wounded Las
Vegas police officers and the rap song, Cop Killer, was implicated. At trial, the
killers admitted that listening to the song gave them a sense of duty and purpose.
During apprehension, the killers sung the lyrics at the police station. Another
case involved a Texas trooper killed in cold blood while approaching the driver of
a vehicle with a defective headlight. The driver attempted a temporary insanity
defense based on the claim he felt hypnotized by songs on a 2 Pac album, that
the anti-police lyrics "took control, devouring [him] like an animal, compelling his
subconscious mind to kill the approaching trooper". Two of the nation's leading
psychiatrists were called as expert witnesses in support of this failed defense.

Social Morality - It has become prevalent, especially among the slacker

generations, GenX and Gen13, to join the old WWII generation in self-righteous,
totally gratuitous Sixties-bashing, as if all our social problems, especially our
declining social morality, started with the free-for-all, "any thing goes" hippie
movement of the 1960s. This time period is often blamed for giving birth to rising
hedonism, the questioning of authority, unbridled pursuit of pleasure, the
abandonment of family responsibility, demand for illicit drugs, and a number of
other social ills. Sometimes, even the AIDS epidemic is blamed on the 1960s,
although such accusers are off by about two decades.

To sixties-bashers, today's juvenile "super predators" are nothing but a

long line of troubled youngsters who have grown up in more extreme conditions

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of declining social morality than the generation before them. Their thinking is that
each generation since the sixties has tried hard to outdo one another in
expressing the attitude that "nothing really matters", culminating in the present
teenage regard for angst and irony so common in contemporary culture.

How should juveniles-in-trouble be handled?

Approaches to the problem generally fall into two camps: the public health
solution, and the law enforcement solution. Advocates of the public health
approach tend to see juveniles today as victims of an anti-youth culture. The
problem is not just parents failing children, but a whole attitude among adult
society that is increasingly hostile, angry, and punishing toward youth. It's also
not just poverty, per se, among children, but the relative deprivation of living in a
society of affluence in which self-esteem is tied to achieving affluence. People
are only hosts, not causes, of social problems, according to the public health
model. The real enemies (if there need to be enemies at all) are the environment
(broad social forces that shape their way through culture) and the agent (the
means of violence, firearms and access to weapons). Intervene, and then trace
the pathology back to its source. The source often turns out to be low SES
families and neighborhoods where there have been few prevention programs,
poor economic and educational opportunities, and no way to reintegrate released
offenders back into the community.

The law enforcement solution looks at the problem in terms of what

needs to be done to improve investigation, arrest, prosecution, and conviction.
Advocates of this approach perceive that a nationwide crackdown, "get tough on
juvenile crime" program is what this country needs, but they are also just as likely
to want the delivery of real rehabilitation programs in juvenile prisons, at least
when we are better able to separate the minor offenders from super predators.
For the most part, however, the belief is that it is society's duty to punish, not
rehabilitate, and boot camps, life terms, and even executions are in order for
juveniles if they deserve it. They should serve time as adults, and face the
ultimate punishment, no matter what the age.

ETHICS AND POLICE COMMUNITY RELATION

Excerpts from the Law Enforcement Code of Ethics

1. “As a Law Enforcement Officer, my fundamental duty is to serve

mankind”

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 This passage is contained in two words: “duty” and “service”. Too often
we forget that law enforcement is not just a job for which we are hired as one
would hire a laborer or tradesman. It involves a sworn duty. Some progressive
police department now requires that its officers reaffirm their oath each year in
an effort to drive home the message that is contained in this sworn oath. And to
again remind the officer of the essential relationship between his job and the
free society in which he lives.

The word “serve” denotes the denial of one’s own pleasures and desire for
the good of the person or persons to be served. Service involves dedication and
sacrifice of the giving of one’s self. These are words that many find hard to
swallow in his present day and age but the job of professional law enforcement
requires a special creed of man.

2. “To safeguard lives and property; to protect the innocent against

deception, the weak against oppression or intimidation; and the
peaceful against violence or disorder”

We must, however, understand some of the limitations that are present in

a truly democratic society. In such a society as ours, this task can often be a
difficult one, because protecting the rights of the individual means also protecting
the right of the criminal. This is sometimes a hard pill for law enforcement
officers to swallow.

Because of this, some officers stray politically to the far right in an effort to
either seek a system where their job would be made easier, or to better protect
the society that they have sworn to serve. It is easy for an officer to become
bitter when he has continually witnessed the ends of justice thwarted by red tape
politics and technicalities of the law. The more truly idealistic he is, the more
frustrated he can become, especially if he lacks a philosophy or understanding of
his true purpose in the society which he serves. Why must the idealistic officer
suffer so? When a good carpenter does his best, in building a fine house, one
that can be seen and admired by all, he can stand back and look at his job with a
feeling of accomplishment and satisfaction. The same applies to an artist or
anyone in the skilled trades. Why not, then the policemen? Why must a good
policeman, who works hard for the ends of justice, see the products of his work
so often crumble at his feet?

3. “To respect the constitutional rights of all men to liberty, equality and
justice”

Respecting the rights of others is not one of man’s natural qualities. It

seems to be part of his nature to suspect and persecute those who are in any
different from him. There is no perfect justice on this earth, nor will there ever be,
because man is not all knowing “nor” is he himself perfect. Still we must strive

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for a form of justice that represents our ultimate capability. This involves not only
great effort on the part or very-person in the community, but individual sacrifice
as well.

One of the greatest areas of fault among police officers generally, is not so
much a prejudice against the criminal. For example, an officer soon learns from
experience that a certain group of persons is often responsible for the majority of
the crimes committed such an offense. Such a prejudice could lead to the faulty
conclusion that he is the guilty person. This soon leads to a general feeling or
prejudice against all those who have been convicted of prior offenses, and an
almost subconscious refusal to accord them the same right that the Constitution
provides for all persons.

4. “I will keep my private life unsullied as an example to all”

One of the first things that a law enforcement officer must learn is that he
has no private life. Every citizen should be entitled to his own private life yet
when a person accepts the calling of Law enforcement, as a voluntary measure,
he must be willing to offer his privacy as a sacrifice to the good of the community
which he serves. If a law enforcement officer could hide from his neighbors the
facts that he is a policeman, then his private life could be his own. This,
however, is impossibility. If a policeman has a family, hi occupation will become
known in the neighborhood within a few days at the most. It he is single, and
keeps to himself, he may keep the secret a little longer, but if he is engaged in
active law enforcement within his community, it is inevitable that his neighbors
will become aware of it. One this is known, he will become the Object of
constant observation.

5. “ Maintain courageous calm in the face of danger, scorn or ridicule

and develop self restrain”

In a democratic society, a police officer is a public officer and as such is a

servant to the community. Instead of being above reproach or ridicule, he must
expect to receive his position, as part of his job. It is not easy to control one’s
temper when being subjected to unnecessary and unjustified scorn or ridicule.
Punching the perpetrator in the mouth will hurt him physically, but psychologically
he will sense victory in that he knows that he “got to the officer.” Nothing will hurt
him more than being ignored. Through practice, even the officer with temper can
learn to control it. For the professional law enforcement officer it is “must”. When
subjected to scorn and ridicule, it often helps just to consider the source.

6. “ Whatever I see or hear of a confidential nature or that is confided to

me in my official capacity will be kept secret unless revelation is
necessary in the performance of my duty”

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 Some officers feel that there is a difference in that the information
obtained by the doctor and attorney is freely given with the understanding that
will be confidential whereas the he information obtained as part the law
enforcement officer can be the result of many sources or forms of investigation.

How it was obtained is really not important. The fact that it was obtained
as part of the officer’s occupation, and is usually information that he would not
have otherwise obtained had he not been in that field, is the key point.

This information should never leave the department or the person

retaining it unless it is in the interest of justice. An officer should even be careful
not to reveal information to his wife. An officer’s wife is often very tempted to
reveal information of a confidential nature of neighbor women in an effort to show
her neighbors the importance of her husband’s job, and to gain status in the eyes
of the neighbor women.

7. “I will never permit personnal feelings, predujice, animosities or

friendship to influence my decisions”

It is quite difficult to know which desire is strongest in some persons, to

help our friends or to hurt our enemies. Both desires are part of our human
nature. Helping our friends can be very good thing in self, but when it involves
an inequity in the administration of justice we are defiling the oath we made to
the community in which we serve. In police work, there is ample opportunity to
both hurt enemies and help friends, and it takes a person of strong character to
properly perform his duties under these circumstances. Without professional
convictions, this can be impossibility.

8. “I will never act officiously”

One of the faults common to new officers is that they often act officiously.
They appear to the public to be over-impressed with their own importance. In a
way this is natural because it is associated with pride and a new officer is usually
very proud for his is a noble undertaking. However, a law enforcement officer
must always guard against having this pride misinterpreted by the public as being
merely officious.

The majority of the people who make contact with a law enforcement
officer during his hour of duty are not criminals. The majority of the persons
receiving tickets from an officer are normally law abiding, upright citizens of the
community, and they are usually embarrassed enough by being caught inn a
traffic violation without being talked down to or treated like a criminal. Judges
often report that a common reason for a person appearing in traffic court as not
so much to contest the facts of the offense as it is complain about the demeanor
of the officer issuing the citation.

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 9. “With no compromise for crime and with relentless prosecution of
criminals, I will enforce the law courteously and appropriately
without fear or favor, malice or ill-will”

The term “with no compromise for crime” means that crime will not be
knowingly permitted. It does not mean that the officer must perform his duties to
the “letter of the law” without taking into consideration the “spirit of the law”. If the
Code of Ethics will be examined, nothing will be found in it to the effect than an
officer must obtain convictions and send people to prison for long periods of time.
It does state, however, that he must do the best of which he is capable, and that
his actions must in them be ethical. No man can predict or guarantee the final
results of any action. Only god can do this, Man can only be responsible for his
immediate actions. If an officer does a good job and the court release the
criminal, the blame rests not upon him but upon the courts, the jury or society
itself. The modern law enforcement officer has a new motto “Be firm but fair”. He
does not have to be a “theory bound” sociologist just because he treats criminals
like human beings.

The professional law enforcement officer lets the criminal call the tune as
to his own treatment. The officers can and must be as tough as the situation
demands yet there is no personal vindictiveness in the way he treats the criminal.
His tone of voice and demeanor usually indicate that he will not be walked on, yet
his actions are fair

10. “I will never employ unnecessary force or violence”

At times the use of force in the performance of one’s duties is an absolute

necessity. There is no escaping it. It is extremely difficult to judge exactly
whether or not use of force is necessary in a given situation. The use of force or
violence during interrogations will often produce immediate confessions, but it
should be avoided on ethical grounds. The interrogator seldom knows with
complete certainty that the suspect is guilty, and the use of force or the “third
degree” on an innocent person is certainly a miscarriage of justice as well as a
violation of professional conduct. As a means of Punishment for the criminal, it
would be out of place for it is not the function of law enforcement to punish
criminals. This belongs to the courts and prisons.

11. “I will never accept gratuities”

Those members of law enforcement who developed this code, were

certainly aware of the complexities of this particular area, but the use of the word
“never” in relation to accepting gratuities, indicated that they felt that this was a
necessary and essential prerequisite to professional law enforcement. To be
truly professional we must first be ethical, we must do what is actually describe,
not merely what we would like to be desirable.

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 12. “ I recognize the badge of my office as a symbol of public faith, and I
accept it as a public trust to be held so long as I am true to the ethics
of police service”

The essence of this section is one of the most overlooked and forgotten
facets of law enforcement by the man in the field. It is this that distinguishes the
difference between law enforcement and the ordinary job. It is this that enables
an officer to suffer the difficulties and problems that make the held, at times, so
frustrating and discouraging. Police administrators would do well to place more
emphasis upon the swearing-process. It should be made very formal and similar
to the initiation of many fraternal organizations.

The chief of Police should see that the recruit is not issued a badge or
allowed to put on a uniform until he is thoroughly familiar with the code of ethics
and especially the above section. He should be made to understand that he is
one of a select few, and that his job is public trust that must be earned. The new
officer should also understand that any personal reward would not be obtained
from the public itself. This is so because the public is a difficult master, it there no
to personal reward, it can only come from itself or from knowing the true
significance of the job and the essential role that in plays in society. Perhaps the
greatest reward is the self-respect and satisfaction that comes from the
knowledge that the job was done in a truly professional manner.

13. “I will constantly strive to achieve these objectives and ideals

dedicating my self before God, to my chosen profession… Law
Enforcement”

Proficiency in law enforcement involves many factors. It involves mental,

moral and physical conditioning. They are all-important aspects. The officer who
let him self-slip physically is certainly not able to protect society. The officer who
is in good physical condition has more confidence in his ability, and those with
whom he deals sense this, and as a result he finds that it is necessary to exert
authority as much as it might be otherwise. Unfortunately, most police
department requires a stiff physical agility examination before this area is either
forgotten or greatly neglected. It is left up to the individual officer to keep himself
in shape.
The Canons of Police Ethics

The following are the cannons of Police ethics:

 Primordial police responsibility

 Limitation of Police authority
 Knowledge of the law and other responsibilities
 Use of proper means to obtain proper ends.
 Cooperation with public officials

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  Proper conduct and behavior
 Conduct toward the community
 Conduct in arresting law violators.
 Firmness in refusing gifts or favors.
 Impartial presentation of evidence
 Attitude toward police profession

Primordial Police Responsibility

The primary objectives of Police is the prevention of crime, policeman

knew too well that he has committed his Life to defend and protect the rights of
the citizen and uphold the law at all cost.

Limitation of Police Authority

The primary as an upholder of the law must know its limitation upon him in
enforcing the law, thus:

a. He must be aware of the limitations which the people, through law,

have placed him
b. He must recognize the center of the democratic system of government,
which gives person, or group of persons, absolute power.
c. He must insure that he does not pervert its true character.

Knowledge of the Law and other Responsibility

a. The policeman shall assiduously apply himself to the principles of the

laws, which he is sworn to applied.
b. He will make certain of his responsibilities in the particular field of
enforcement, seeking aid of his superior in matters technically or in
principles are not clear to him
c. He shall make special effort to fully understand his relationship with
law enforcement agencies, particularly on matters of jurisdiction, both
geographically and substantively.

Use of proper Means to Obtain Paper Ends

a. The policeman shall be Mindful of his responsibility to have strict

selection of methods in discharging the duty of his office.
b. Violation of law or public safety and property on the part of the officer
are intrinsically wrong. They are self-defeating if they instill in the public
mind and a like disposition.
c. The employment of Illegal methods, no matter how worthy the end, is
certain to encourage disrespect for the law and its officers, If the law is to
be honored, it must first be honored by those who enforce it.

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Cooperation with Public Officials

The policeman shall cooperate fully with other public officials in the
performance or authorized duties, regardless of party affiliation or personal
prejudices. He shall be meticulous law, however, in assuring himself of property,
under the law, such actions and shall guard against the use of his office or
person whether knowingly or in any improper or illegal action.

Proper Conduct and Behavior

The policeman shall be mindful of his special identification by the public as

an upholder of law. Police laxity of conduct or manner in private life, expressing
either disrespect for the law or seeking to gain special prevail, cannot but reflect
upon in the policeman and the police service. The community and the service
requires that the policeman leads the life of decent and honorable person,
following the career of policeman gives no special pre-requisite.

Conduct towards the Community

a. The policeman shall be mindful of his responsibility to the community

b. He shall deal with individuals of the community in the manner
calculated to instill respect for its law.
c. He shall conduct his official life in a manner that will inspire
confidence and trust.
d. He will be neither overbearing nor subservient, as no individual
citizen has no obligation to stand in awe of him or fight to command him.
e. He will do neither from personal preference or prejudice but rather a
duly appointed officer of the law discharging his sworn obligation.

Conduct in Arresting Law Violator

a. Policeman shall use his powers of arrest in accordance with the law
and with due regard to the rights of the citizen concerned.
b. He shall, at all times, have a clear appreciation of his responsibilities
and limitation regarding the detention of the accused.
c. He shall conduct himself in such a manner as will minimize the
possibility of having to use force.
d. He shall cultivate a dedication to the people and the equitable
upholding of the law whether in the handling of the accused or law-abiding
citizen.

Firmness in Refusing Gifts or Favors

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 a. Policeman representing the government bears heavy responsibility
of maintaining, in his conduct, the honor and integrity of all government
institution.
b. He shall guard against placing himself in a Position in which the
public can reasonably assume that special consideration is being given.
c. He shall be firm in refusing gifts, favors or gratitude, large or small,
which can be public mind, be interpreted as capable of influencing his
judgment in the discharge of his duties.

Attitude towards Police Profession

a. Policeman shall regard the best possible of his duties as a

public trust and recognize his responsibilities as a public servant.
b. He shall strive to make the best possible application of science to
the selection of the crime and in the field of human relation.
c. He shall strive for effecting leadership and public influence in
matters affecting public safety.
d. He shall appreciate the importance and responsibility of his office,
and hold police work to be an honorable profession rendering valuable
service to his community.
e. Through study and experience, a police officer can acquire the high
level of knowledge and competence that is essential for the efficient and
effective performance of duty. The acquisition of knowledge is a never-
ending process of personal and professional development that should be
pursued constantly.

Impartial Presentation of Evidence

a. Policeman shall be concerned equally in the prosecution of the

accused or for the defense of the innocent
b. He shall ascertain what kind of evidence and shall present such
evidence impartially and without malice.
c. He shall ignore social, political and all other distinction among the
person involved, strengthening the tradition of reliability and integrity of an
officer’s word.

Professional Police Principles

The following are the professional police principles:

 Prevention of crime and disorder

 Cooperation of the community
 Unreasonable force reduce community cooperation
 Use of reasonable force when persuasion is not sufficient
 Impartial enforcement of laws.
 The community is the police.

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  Police should not usurp judicial powers.
 Rules of engagement impartially observed.
 Reduction of crime and dishonor.
 Police discretion

Prevention of Crime and Disorder

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

Cooperation of Crime and Disorder

The police must secure the willing cooperation in the voluntary

observance of the law to be able to secure and maintain the respect and support
of the community. The ability of the police to perform their duty is dependent
upon community support of police existence, actions, behavior and the ability of
the police to secure and maintain community and respect.

Unreasonable Force Reduce Community Cooperation

A police officer will never employ unnecessary force or violence and will
use only such force in the discharge of duty as in reasonable in all
circumstances. Force should be used only with the greatest restraint and only
after discussion, negotiation and persuasion have been found to be inappropriate
or ineffective. While the use of force is occasionally unavoidable, every police
officer will refrain from applying the unnecessary infliction of pain or suffering and
will never engage in cruel, degrading of inhuman treatment of any person.

Use of Reasonable Force when Persuasion Is Sufficient

The police should use reasonable force to the extent necessary to secure
observance of the law or to restore order only when the exercise of persuasion,
advice and warning is found to be insufficient to attain police objectives. No
violence or unnecessary force shall be subject to any greater restrain than is
necessary for his detention.

Impartial Enforcement of Laws

The police seek and preserve community favor, not by catering to

community opinion, but constantly demonstrating absolutely impartial
enforcement of laws, without regard to the justice and injustice of the substance
of particular laws. In short, there should be impartial enforcement of laws on all
individual members of the, society without regard to their race of social standing.

The Community is the Police

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 The police at all times should maintain relationship with the community
that gives really to the historic tradition that the police are the community are the
police. The police are the only members of the community who are pain to give
full time attention to maintain peace and order, which are incumbent on every
citizen in the interest of community welfare.

Police Should Not Usurp Judicial Powers

The police should always direct their actions strictly toward their functions
and never appear to usurp the powers of judiciary by averaging individuals of the
state of authoritative judging guilt of punishing the guilt.

Reduction of Crime and Disorder

The test of police efficiency is the reduction of crime and disorder until
totally eradicated, not by evidence of police present and action in dealing with the
community.

Rules of Enforcement Impartially Observed

a. Policemen engaged in anti-crime operation always consider the safety

and security of who might be caught in the crossfire or arm encounters.
b. The use of force including firearms is justifiable only by virtue of the
Doctrine of self-defense and Defense of a Stranger. Nobody, including
the policeman and other law enforcement authorities is above the law.
c. The use of force, especially firearms, should be applied only as a last
resort, when all other peaceful and non-violent means has been
exhausted.
d. The use of force, especially firearms, should be confined only in the
lawless elements and the responding PNP unit. This is inherent in the
police service in which the profession, the armaments and safety life of
every police officer are dedicated to the protection and safety of the
people.

Police Discretion

A police officer will use responsibly the discretion vested in the position
and exercise if within the law. The principle of reasonableness will guide the
officer’s determinations and the officer will consider all surrounding
circumstances whether any legal action shall be taken. Consistent and wise use
of discretion, based on professional policing competence, will do much to
preserve good relationship and retain the confidence of the public. There can be
difficulty in choosing between conflicting courses of action. It is important to
remember that a timely word of advice rather than arrest (in appropriate
circumstances) is a more effective means of achieving a desired end.

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Core Values

The police service is noble and professional. Hence, it demands from its
members a specialized knowledge, skill and high standard ethics and morality.

In this regard, the member of the Philippine National Police must adhere
to and internalize the enduring core values of the PNP.

 Love of God.
 Respect for authority.
 Respect for women
 Respect for sanctity of marriage.
 Stewardship over material things
 Responsible dominion
 Truthfulness

The Police Officer’s Pledge

I will love and serve God, my country and people.

I will uphold the Constitution and obey legal orders of duly constituted
authorities.
I will oblige myself to maintain high standard of morality.
I will respect the customs and traditions of the police service.
I will live a decent and virtuous Life to serve as an example.

The Police Officer’s Creed

1. I believe in God, the Supreme Being and Great provider, the Creator of all
men and everything dear to me. In return, I can do less than love Him
above all, seek His guidance in the performance of my duties and honor
Him at all times.
2. I believe that respect for authority is a duty
3. I believe and uphold the Constitution, the laws of the land and the
applicable rules and regulations.
4. I recognize the legitimacy and authority of the leadership, and follow and
obey legal orders of my superior officers.
5. I believe in selfless love and service to people.
6. Toward this end, I commit myself to the service of my fellowmen over and
above my personal convenience.
7. I believe in the sanctity of marriage and the respect for women.
8. I shall set the example of decency and morality.
9. I shall have high regard for family life and chastity.
10. I believe in responsible dominion and stewardship over material things.
11. I shall inhibit myself from ostentatious display of my property.

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 12. I shall protect the environment and conserve nature to maintain ecological
balance.
13. I shall not intrigue, gossip or make unverified statement concerning
personal character of conduct, which will discredit another member of the
police service.

The Police Code of Covenant

I shall recognize and I will always be conscious of the fact that the police
service is an honorable calling, thus compelling me to set the example by strictly
adhering to the provision of the code of professional conduct and ethical
standards.

I bind myself to promote and enhance the noble ideas and aspirations of
code of my personal and professional life and ensure that its tenets shall be
honored at all times.

This is my personal covenant.

The Policeman’s Prayer

Lord God Almighty, grant us that we may this day and everyday over all
temptations especially to injustices and disloyalty and with our minds inflamed by
Your Holy Spirit, perform all our duties in such a manner that as maybe pleasing
to Your Devine Will so that when call to report for the last time, we may not be
found wanting. Amen.

The Filipino Policeman

A Filipino policeman is a protector and a friend of the people. His badge is

the symbol of the citizen’s faith and trust, his uniform a mirror of decorum and
integrity and his whole human person an oblation of enduring love for homeland,
fellowmen and god.

A Filipino policeman emulates the valor of Lapu Lapu, serenity of Rizal,

the leadership of Aguinaldo, the courage of Bonifacio, the idealism of Del pilar,
the wisdom of Mabini and the fortitude of Gomez, Burgos, and Zamora.

A Filipino policeman has an oath for his republic to uphold: to defend the
constitution, honor the flag, obey the laws and duly constituted authorities. He
has covenant with his people to comply: to safeguard and protect them even
beyond the call of duty. And he has a legacy for his family to fulfill: to bequeath
unto them the one and only treasure of his life - an embellished name.

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The Police Professional Conduct

All members of the Philippine National Police (PNP) shall observe the
following professional police conduct:

Commitment of Democracy - Uniform PNP members shall commit

themselves to the democratic way of life and value and maintain the principles of
public accountability. Public office is a public trust. Public officer must at all times
be accountable to the people, serve them with utmost responsibility, integrity,
loyalty and efficiency, act with patriotism and justice, and leas modest lives. They
shall at all times uphold the constitution and be loyal to our country, people and
organization above loyalty to any persons or organization.

Commitment to Public Interest - PNP members shall always uphold

public interest over and above personal interest. All government properties,
resources and powers of their respective offices must be employed and used
effectively, honestly and efficiency, particularly to avoid wastage of public fund
and revenues.

Non-Partisanship - PNP members shall provide service to everyone

without discrimination regardless of Party affiliation in accordance with existing
laws and regulations.

PNP Conduct during Labor Dispute - The involvement of PNP during

strike, lockout, and labor dispute in general shall limited to the maintenance of
peace and order, enforcement of laws and legal Orders of duly contributed
authorities.

Physical Fitness and Health - All PNP members shall strive to be

physically fit and in good health at all times. Towards this end, they shall undergo
regular exercise and annual medical examination in any PNP hospital or medical
facility.

Secrecy Discipline - All PNP Members shall guard the confidentiality of

classified information against unauthorized disclosure. This includes confidential
aspect of official business special orders, communication and other documents,
roster or any portion thereof of the PNP, contents of criminal records, identities of
person who may have given information to the police in confidence and other
classified information on intelligence materials.

Social Awareness - All PNP members shall be actively involved in civic,

religious, and other social activities with the end purpose of increasing social
awareness.

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 Proper Care and Use of Public Property - All PNP members shall be
responsible for the security, proper care and use of Public property issued to
them and/or deposit under their care and custody, unauthorized used of Public
property for personal convenience of gain and that of their family, friends,
relatives is strictly prohibited.

Non-Solicitation of Patronage - All PNP members seeking self-

improvement through career development and shall not directly or indirectly
solicit influence or recommendation from politician, high ranking government
officials, prominent citizens, persons affiliated with civic or religious organization
with regard to their assignment, promotion, transfer or related advantage.

Respect for Human Rights - In the performance of duty, PNP members

shall respect human dignity and uphold human rights of all persons. Every police
officer shall not inflict, investigate, or tolerate extra judicial killing, arbitrary arrest,
any act of torture or other cruel, inhuman or degrading treatment and
Punishment. Every members of the PNP shall not invoke superior order or
exceptional circumstances such as state of war, a threat to national security,
internal political instability or any committing such human rights.

Devotion to Duty - All PNP members shall perform their duties with
dedication, efficiency enthusiasm, determination and manifest concerned for
public welfare. He shall refrain from engaging in any activity, which shall in
conflict with their duties as Public servant. He shall not reign sickness or injury or
physical incapacity to avoid performance of duty. He shall not leave his assigned
jurisdiction of official business, except by permission of his superior officer or
other competent authority, unless such permission is not practical as in pursuit of
a criminal, in which case a report must be made immediately thereafter.

Conservation of Natural Resources - All members of the PNP shall help

in the development and conservation of our natural resources for ecological
balance and posterity. The natural resources are considered inalienable heritage
of our people.

Discipline - PNP policemen shall conduct themselves at all times in

keeping with the rules and regulation of the organization. All policemen at all
levels shall adhere to the eight tenets of discipline, which include the following:

Loyalty - PNP members must be loyal to the constitution and the police
service as manifested by their loyalty to the superior peers and subordinates as
well.

Obedience to Superior - PNP members shall obey lawful orders and to

be courteous to superior officers and other appropriate authorities within the

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chain of command. No members shall use abusive, insulting or indecent
language to another member.

Command Responsibility - In accordance with the Doctrine of Command

Responsibility, immediate commanders shall be responsible for the effective
supervision, control and direction of their personnel. He shall see to it that all
government resource with laws and regulations and safeguards against losses
through illegal of improper disposition.

The Police Ethical Standards

a. Morality - All PNP members shall adhere to high standards of morality

and decency and shall set good example for others to follow.

b. Judicious use of Authority - All PNP members shall be permitted to

apply for search warrant for any evidence of assault against himself
without reporting the case in writing to his superior officer and
Obtaining from his permission to apply for such warrant.

c. Justice - PNP members shall strive constantly to respect the rights of

other so that they can fulfill their duties and exercise their rights as
human beings, parents, children, workers, leaders, of in other
capacities and to see to ensure that others do likewise.

d. Humility - All PNP members shall recognize the fact that they are
public servants and not the master of the people and toward this end,
they should perform their duties without arrogance.

e. Orderliness - All PNP shall follow logical procedure in accomplishing

task assigned to them to minimize waste in the use of time, money and
efforts.

f. Perseverance - Once a decision is made all PNP members shall take

legitimate means to achieve the goal even in the face of internal or
external difficulties, and despite of anything which might weaken their
resolve in the course of time.

g. Integrity - PNP members shall not allow themselves to be victims of

corruption and dishonest practices in accordance with the provision of
existing laws on corrupt practices.
Ethical Issues Affecting Police Service

Police Image - The image of any organization affects the esprit de corps,
morale and welfare of members and sense of pride to the organization. In view
thereof, all members of the PNP should conduct themselves in manner that
would not place the PNP core values in vain and possess the following virtue:

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Honor, Integrity, Valor, Justice, Honesty, Humility, Charity, and Loyalty to the
service.

Career Management the Key In Professionalism - The improper

implementation of career management greatly these prejudice the personnel
professionalization process as regards to procurement, promotion, all
assignment, placement, training awards, and retirement.

To address this issue, and PNP shall formulate stringent policy and strictly
implement the human resources development system, compatible to the
equitable distribution of procurement, fair promotion, rationalizes approach in
assignment, skill development, immediate grant of reward and award, decent
living upon retirement.

Police Management Leadership - The effectiveness of the law

enforcement is reflective of law enforcement is reflective of the managerial
capabilities and competent leadership of men and women who run the PNP
organization. It is therefore a “must” that this attribute be the primary basis for
consideration in the selection of personnel for employment purpose.

Equality in the Service - There shall be judicious equitable distribution of

opportunity to prove one’s worth in the police service. The problem on inequality
through class orientation and factionalism, both real and perceived, precise on
favored assignment, inequitable opportunity, of training, unfair granting of
promotion, and untimely awarding of achievements will create an atmosphere of
demoralization.

The result is inefficiency and lack of teamwork to the detriment of

organization. It behooves therefore on the PNP leadership to address the
situation. The civilian character requires the adherence to the rule on merit and
fitness system and to dissociate to the above process from class orientation and
factionalism.

Police Lifestyle - The PNP shall endeavor to promote lifestyle for every
member of the organization that is acceptable and respectable in the eyes of the
public. Further, its members should set example to the subordinate and follow
good example from the superiors. Police officers will behave in a manner that
does not bring discredit to their agencies or themselves.

A police officers character and conduct while off duty must always be
exemplary, thus maintaining a position of respect in the community, in which he
or she lives and serves. The officer’s personal behavior must be beyond repute.
They must be free from greed, corruption and exploitation. The public expects a
police officer to live a simple, yet credible and dignified life.

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 Delicadeza - In consonance with the requirements o honor and integrity in
the PNP, all members must have the moral courage to sacrifice self-interest in
keeping with the time-honored principles of delicadeza. All members shall
promptly discharge all debts and legal liabilities incurred by them.

Political Patronage - All PNP members must inhibit themselves from

soliciting political patronage in matters pertaining to assignment, awards, training
and promotion.

Human Rights - All PNP members must respect and protect human dignity
and men’s inalienable rights to life, liberty and prosperity.

Right to Life includes the right to live, free from social damages against life
or limb, or free from unjustified control. The Right to Liberty includes the right to
determine one’s mode of life with due respect to the rights of others. Liberty, so
it is said, consists largely of freedom arbitrary physical restrain. The liberty of
abode and of changing the same within the limits prescribed by law shall not be
impaired except upon the right to travel be impaired except in the interest of
national security, public safety or public health, as any provided by law. The
Right in Property includes the right to acquire, hold, enjoy, possess and manage
property or to dispose the same accordingly as well as to devote the same to
legitimate use.

Police Customs and Traditions

The PNP adopts the generally acceptable customs and traditions base
on the desirable practices of the police. These shall serve as inspiration as the
PNP endeavor to attain its goals and objectives.

Police Customs

A. Custom on Courtesy

Courtesy is a manifestation or expression of consideration and respect on

others.

1. Salute – It is the usual greeting rendered by

uniformed members upon and recognizing person entitled to salute.

Salute to National Color and Standards - PNP members stand at attention

and salute the national color and standard as it pass by them or when the
national color is raised or lowered during ceremony.

2. Address/Title - junior in rank address senior

members who are entitled to salute with the word “Sir”

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 3. Courtesy Calls - The following are the customs on
courtesy calls:

 Courtesy call of newly assigned/ appointed members -PNP

members who are newly appointed or assigned in a unit or
command, call on the Chief of the Unit or command and to other
key personnel for accounting, orientation and other purposes.
 New year’s call - PNP members pay a new year’s call on their
commanders and /or key official in their respective areas of
responsibility.
 Promotion Call – Newly promoted PNP members call on their unit
head. On this occasion, they are usually given during recognition
and congratulations by their peers for such deserved accomplished
 Exit Call - PNP members pays an exit call on their superiors in the
unit or command when relieve or reassigned out of the said unit or
command.

4. Courtesy of the Post - The host unit extend

hospitality to visiting personnel who pay respect to the command or unit.

5. Rank has – its – own Privilege - PNP members

recognize the practice that different rank carry with them corresponding
privilege.

B. Custom on Ceremonies

Ceremony is a formal act or set of formal acts established by custom or

authority as proper to special occasion.

1. Flag Raising Ceremony - PNP members honor the flag by raising it and
singing the National Anthem before the start of the official day’s work for
the week.
2. Flag Retreat Ceremony - At the end of the Official day’s work to PNP
members pause for a moment to salute the lowering of the flag.
3. Half–Mast - The flag is raised at half – mast in difference to deceased
uniform / civilian member of the command.
4. Funeral Service and Honor - Departed uniformed members, retires, war
veterans are given vigil, necrological services and graveside honor as a
gesture of farewell.
5. Ceremony rendered to Retirees - In recognition of their long, faithful and
honorable service to the PNP, a testimonial activity is tendered in their
honor.

6. Honor Ceremony - Arrival and departure honor ceremonies are tendered

to visiting dignitaries, VIPs PNP officers of equivalent grade.

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 7. Turn – Over Ceremony - The relinquishment and assumption of
command key position is publicly announced in a Turn – Over Ceremony
by the incoming – outgoing officers in the presence of the immediate
superior or his representative and key officials.
8. Wedding Ceremony - During marriage of PNP members, a ceremony is
conducted with participants in uniform and sworn drawn.
9. Anniversary - The birth or institutional establishment of a command or
unit is commemorated in a Anniversary Ceremony

C. Custom and Social Decorum

Customs on Social Decorum are set of norms and standards practiced by

members during social and other functions. The following are police customs
and social decorum.

1. Proper Attire - PNP members always wear appropriate and proper

attire in conformity with the occasion.
2. Table Manner - PNP members observe table etiquette at all times.
3. Social Graces - PNP members conduct themselves properly in
dealing with the people during social functions.
4. Uniform/ Appearance - The public looks upon PNP members as
distinctively decent when PNP members wear their uniforms properly
wherever they may be. Since disciplined PNP members are best
exemplified by those whose are neat in appearance and wearing the
prescribed uniform, they must therefore observe the following:
 Wearing the prescribed uniform
 Wearing as part of the uniform, awards and decorations earned in
accordance with the prescribed rules and regulations
 Adherence to haircut prescribed by rules and regulations.
5. Manner of Walking - Every PNP member is expected to walk with
pride and dignity.

D. Other Police Customs

1. Visiting the Sick - PNP members who are in the hospital, their residence
or anyplace of confinement are visited by their immediate commanders or
other available officers of the unit in order that their needs are attended.
2. Survivor Assistance to Heirs of Deceased Members - When PNP
members die, a Survivor officer is designated to render maximum
assistance to their legitimate bereaved gears until all benefits due shall
have been received.
3. Visiting a Religious Leaders - PNP members/ officers visiting a religious
leader in their area of assignment to establish or maintain rapport and
cooperation between the different religious leaders and PNP.
4. Athletics - All PNP members must undergo in physical fitness activities to
insure their proper physical appearance and bearing are maintain with the

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 waist line measurement always smaller than the size of his chest and in
conformity with the standard set forth by the organization.
5. Happy Hours - Usually Fridays or on any other day suitable for the
occasion, PNP members gather a PNP Clubhouse for a high hearted
jesting or airing of minor gripes.

Police Traditions

Tradition is a body of belief, stories, customs and usages handed down

from generation to generation with the effect of an unwritten law.

The following are police traditions.

1. Spiritual Beliefs - PNP members are traditionally religious and god loving
person. They attend religious service together with their family.

2. Valor - History attests that Filipino law-enforcers have exemplified the

tradition of valor in defending the country from aggression and oppression.
They sacrifice their limbs and lives for their countrymen they are pledged
to serve.
3. Discipline - The discipline of PNP members manifested by instinctive
obedience to lawful orders and through and spontaneous actions within
the bounds of ethical and legal norms.
4. Gentleman - PNP members are upright in character, polite in manners,
dignified in appearance, and sincere in their concern or their fellowmen.
5. Word of Honor - PNP members’ word is their hand; they stand by and
commit to uphold it. PNP members have historically exemplified
themselves as dedicated public servants who perform their duty with deep
sense of responsibility and self – sacrifice.
6. Loyalty - Police are traditionally loyal to the organization country people
as borne out by history and practice.
7. Camaraderie – The binding spirit that enhance teamwork and cooperation
in the police organization, extending to the people they serve, is
manifested by the PNP members’ deep commitment and concern for one
another.

POLICE COMMUNITY RELATIONS

This chapter presents a discussion on Police Community Relation (PCR).

It is generally accepted that the Police as an organization is a part of the
community it serves. This may mean that the police, in its relentless endeavors
against criminality needs the indispensable support of the community. In
analysis, the police is inseparable to the community in all crime prevention and

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crime suppression activities. Therefore, it is the concern of every police officer
to: develop rapport with the community; and maintain a meaningful relation with
the people and the community at large.

To achieve this end, a police officer should be relentlessly directed by

strong sense of responsibility, courtesy and sincerity. As mentioned by Dr. Agas
in his handbook, Notes on Police Community Relations, “good service is often a
matter of how a person presents himself to the public. Courtesy, however, must
be coupled with firmness in order to command respect.”

Terms to Ponder in this Study

As use in this chapter, the following words and phrases shall mean and be
construed as indicated:

Police - a civil organization whose members are given special legal

powers by the government and whose task is to maintain public order and to
solve and prevent crimes; or group of persons established, maintained and
organized for keeping order, safety, protection of lives and properties and for
prevention and detection of crimes.
Community - the public or society in general; it refers to the civilian
populace in cities, municipalities or public in general, and shall be used
interchangeably with public, citizenry, society, or private sector.
Police Ideal – it refers to the expected standard of perfection or
excellence in the personal, and professional conduct of every member of the
police; or the expected essence of perfection, sympathetic, courteous intelligent,
honest, and in control of his emotions and temper, at all times. It also includes
courage and highest sense of dedication to duty.
Personal Media – it is the means of communication used by the police as
it deals with the community such as the use of rallies, meetings, speeches and
house to house visits to the community.
Barangay - is the basic political unit of the Filipino nation that implements
the policies of the national and local governments (1987 Phil. Constitution);
sometimes referred to as the local community.
Propaganda – any information or publicity put out by an organization (i.e.,
police) or government to spread and promote a policy, idea, doctrine, or cause.
Police Community Relation - the sum total of dealings between the
police and the people it serve and whose goodwill and cooperation it craves for
the greatest possible efficiency in the service.
The need for Police Community Relation

Some people are apathetic to the programs of the police because of the
reported involvement of some of the officers and members of the Philippine
National Police (PNP) to criminal activities and irregularities in law enforcement.
Hence, the PNP needs to strengthen its police community relations activities.
What is Community Relation?

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 In the police, community relations may mean the total dealings of the
police organization as it immerses itself to the community it serves. On the other
hand, Agas in his handbook, Notes on Police Community Relation, stated that
“community relation is like a three-legged stool, each leg of an equal importance
in holding the stool upright. One leg is public relations in its traditional sense.
Another leg is community service. The third leg is community participation, and
this is the facet of the total community relations’ job that is being emphasized
today in police and community relations program.”

The Bases of Police Community Relation

In the democratic concept of policing – the police is the people and the
people is the police, which means that every police officer is mandated to protect
lives and properties, preserve peace and order and prevent crimes and other civil
disturbances. However, his performance of duty is governed by the Constitution
and other laws and statutes such as the preservation of the basic human rights
and observance of the due process of law.

In addition, every police officer is a public servant and his office is a public
trust. Therefore, the police officer is obliged to conduct himself in the community
according to the standards of conducts and ethics of his organization, the police
organization. Furthermore, he should bear in mind that his authority to enforce
the law comes from the people’s mandate.

What are the Principles of Community Relation? The principles of community

relation are the following:

1. Community Support must be maintained

2. Community Resentment must be avoided
3. Community Goodwill must be developed
4. Community must be kept informed

What are the Objectives of Police Community Relation? From the viewpoint
of the police, Police Community Relation aims to:

1. Maintain and develop the goodwill and confidence of the community for
the police.
2. Obtain cooperation and assistance.
3. Develop public understanding, and support and appreciation for the
service of the police.
4. Create broader understanding and sympathy with the problems and needs
of the public.
5. Facilitate law enforcement and compliance.
6. Build public opinion in favor of the Police.

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 7. Achieve the Police purpose or preserving the peace, protection of life and
property, and the prevention of crime.

Police Relations - Reviving the idea of “The people’s police”

As earlier discussed, the police is created by the people for the protection
of the people at large against all forms of criminality and public disturbances and
every police work is governed by the laws that the people promulgated through
the legislative body of the government. In the performance of duty, oftentimes a
police officer is confronted by complex problems brought about by the varied
cultures and practices of the people in the community. Since a police officer is
dealing with humans, he should have interest in human life. Hence, he is obliged
to build up positive relations or rapport towards the people he serves. However,
as generally accepted, building up good relationship is a continuing process
which requires mutual respect and mutual exchange and cannot be
compartmentalized or divided if it is to be effective.

What are the Types of Police Community Relations? The basic elements
of police community relation include the following:

1. Public Information Program – This is designed to bridge any

communication gap between the police and public. This is the basic
among the first four programs of community relation.

a. Duties of Public Information Officers:

1) He must be kept well-informed so that he will understand and
appreciate the complexities of police work and the good service the
police render to the community.
2) He must be informed that the greatest number of the police in the
community shall benefit as much as possible, by using mass and
personal media.

b. Activities Implemented by Public Information Officer:

1) Conduct of barangay tanod seminars
2) Inform the barangay officials regarding trends and other
police community problems
3) Police station commanders assign a place in police
station for barangay leaders so that they can work together and
provide coordination.
4) Produce and distribute brochures, advising the people
on how to protect themselves in their homes and premises.
5) Conduct environment sanitation seminars
6) Conduct troop information or educational and historical
lectures in all units’ offices of police district.
7) Police officers deliver Lectures and Public appearance
to hear civic group and civic organizations.

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 8) Discuss with high school students and parents and or
teachers association about drug abuse prevention control.
9) Conduct cleanliness, saturation or information drive
where notices of such deficiencies are issued.
10) Establish police counseling centers in zones/barangays
to provide advice to barangay leaders on crime prevention and
control.

2. Public Relation Program – This is designed to maintain harmony and

mutual support between the police and the community.

a. Duties of Public Relation Officers – he shall:

1) Regularly issue press releases concerning police activities which
are of public concern.
2) Evolve and conduct public rotation program to promote better and
closer relations between the police and the community.
3) Build good image through actual commendable performance,
without inefficiency and corruption.
4) Evaluate public opinion and attitude with respect to the policies
methods, personnel of the police station.
5) Plan and carry out programs aimed at keeping the public informed
on police activities.

b. Activities Implemented by Public Relations Officers:

1) Conduct face-to-face communications including dialogue with the
public.
2) Attend social cultural activities of the barangay, such as birthdays,
weddings baptismal parties, wake and others.
3) Attend multi-sectoral “ugnayans,” which include religious sects,
school, barangays civic organization and governmental agencies.
4) Sending letters of appreciation to citizen whom assists the police in
their work.
5) Conduct first aid and traffic safety education.
6) Promotion of manpower development for out of school youth.
7) Sponsorship of youth athletic activities.
8) Assist immediate in settling dispute at barangay level.

3. Civic Action Program - This is designed to maintain and encourage

community development

a. Duties of a Civic Action Officer – he shall:

1) Encourage and actively participate in athletic
competitive in promote youth development by wisely coordinating
with the social elements of the populace.
2) Initiate if necessary, fund raising campaigns for
juvenile delinquents, who are being reformed.

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 3) Be alert to safeguard the community against loss
and damages on properties and possible death, in the events of
calamity.
4) Render all possible assistance, especially to the
menfolk in enabling them obtain the means of productive
endeavors and discourage them from loitering in the street, or
engaging uneconomic activities such as illegal gambling and
others.
5) Whenever feasible, he shall promote and actively
participate in the establishment of free medical and dental civic
action with special attention to the community.

b. Activities Implemented by a Civic Action Officer:

1) Assist National Red Cross on blood donation campaign by exerting
extra effort in appealing to barangay officials.
2) Conduct free medical and dental civic action community.
3) Conduct free deworming of affected children in depressed areas.
4) Assist citizens in case of transportation strike and other similar
cause.
5) Develop and maintain cleanliness and beautification of
surroundings.
6) Attend to backyard gardening, tree planting projects.

4. Psychological Program - This is designed to condition both friendly and

hostile public thereby insuring and facilitating the attainment of police
objectives. This program is designed to influence the opinions, emotions
attitude and behavior of the community so that they will behave in a
manner beneficial to the police, either directly or indirectly. It will
condition the citizenry to adhere to the laws of the land and dissuade them
in committing crime. These may be in spoken, written, pictorial or musical
form.

a. Duties of Psychological Operation Officers – he shall:

1) Strive to mold the youth into useful and law abiding citizens,
thereby minimizing their chances to engage in the criminal activities
and preventing them from being influenced by the misguided
elements of society.
2) Be adequately prepared to articulate on the gains achieved by the
government in formal or informal gatherings so that they can
develop unity and cooperation among people and neutralize any
smear campaign being wage by the elements hostile to our
government.
3) Develop an attitude of deep concern for the individuals in his area
of operation instead of being indifferent to their problems.

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 4) Be instrumental in the development of civic mindedness among the
criminal offenders under his custody by providing examples why
crime does not pay.

b. Activities Implemented by Psychological Operation Officer:

1) Conduct seminars for barangay officials, police civic relation
officers, and school officials to enable them to understand home
defense activities.
2) Promote seminars among barangay leaders regarding community
relation activities.
3) Identify income-generating projects/activities.

STRUCTURE COMPONENTS OF POLICE COMMUNITY RELATION (PCR)

What is Police Information and Education?

These are communication activities utilizing the various forms of media.

These geared towards creating consciousness and awareness among target
audience on facts and issues vital to the development of an efficient, respected,
and supported police force. The two major components are:

1. Community Information - these are activities utilizing the various forms

of media directed towards the public at large. These are designed to
increase the public’s consciousness and knowledge of facts and issues for
purpose of enhancing law enforcement, counter insurgency and crime
prevention efforts, increasing crime solution efficiency to include
weakening of the will of the criminal elements and insurgents and
enlightening other groups of individual critical to the government in general
and the police organization in particular.

2. Institutional Information - These are activities utilizing the various forms

of Media directed towards the public at large designed to generate trust,
confidence and popular support for the police organization or simply
enhancing public perception and knowledge about the police as an
institution of the government.

What does it mean by Police Community Affairs?

These are activities outside law enforcement but which necessitates PNP
support and or participation. The end result ultimately contributes to better
appreciation and an enhanced support to the police organization in whole in part
by the populace. The three major sub-components are:

1. Community Assistance and Development – these are under taken upon

the initiative of the police unit or personnel for the purpose of enhancing

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 life as a means of drawing the support, appreciation and support of the
public to wards the police organization. Examples are:

a. Skills, Livelihood, and Cooperative Development.

b. Sports and Socio-Cultural development.
c. Medical, and Dental Outreach Services.
d. Tree Planting.

2. Community Inter-Relations - these are under taken upon the initiative of

other government agencies, non – governmental organization, and or
individual citizens whereby a police organization or personnel actively
contributes time, money and or service as a means of drawing the
support, appreciation, and cooperation of the public towards the police
organization in whole in or part.

3. Community Organization and Mobilization - these are activities revolving

around the accreditation of existing groups or creation of new ones with
the end in view of having allies within various sectors in the community
who could be tapped to assist in the conduct of law services, community
works and the like.

Comprehensive PCR Plans

The two major components of the plan are Internal Reform and Gaining
of Institutional Support. Both aims to improve the image of the PNP and re-
assure the general public that they can depend on the police organization to be
their protector and guardian in order to hasten and facilitate community
mobilization for anti-crime efforts.

The following institutions shall be the priority target in internal reform:

1. Congress - Being the law making body, it is one of the vital governmental
institutions that can support the police organization. The police
organization must muster enough support from Congress so that laws
needed to enhance its capabilities to safeguard peace and order of the
community and ensure public safety as well as laws on organizational
development and modernization maybe enacted.

2. Liaison Office
a. Organization Level Liaison: The Directorate for PCR. shall maintain a
liaison office with Congress whose main task is monitor, get the pulse,
actively interact and possibly influence lawmakers on matters affecting
the police office. Since relationship with this institution must be
symbiotic then this office shall also be responsible in giving general,

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 special, technical assistance to Congress as pertains to the police
office.
b. Top Hierarchy Level Liaison: Top leadership of the command shall
conduct regular FACE to FACE dialogues with key members of the
Congress as well as different Congressional Committees handling
police affairs in order to present for their appreciation and support on
matters affecting the police office.
c. Special Individual Liaison: Monitoring and Assessment of activities and
special activities of general liaison.

3. The Media - This is unquestionably most powerful instrument in forming

public opinion. Specific activities to be taken with respect to this institution
include:
a. Development of guidelines on Media–Police relationship. This
guideline shall form the basis of the organization as well as of its
individual personnel dealing with the media.
b. Providing timely and accurate information through press releases,
regular conference, daily bulletins, and attendance to talk show and
similar programs.
c. Giving the media reasonable accessibility to source of information in
accordance with the existing security regulations.
d. Improvement of rapport with media through non- law enforcement
activities such as sports, outing parties and the like.
e. Giving of special awards by the police office to deserving media
personalities.

4. The Church - The opinion of church leaders carries much weight among
the religious. It need not underscore that a pastoral letter read through out
the country carries great impact.
a. Liaison with important church personalities.
b. Monitoring and assessment
c. Special activities

5. The Students and the School – one of the potent allies of the PNP when
properly exploited through:
a. Effective liaison with key school authorities
b. Monitoring and assessment
c. Involvement and support in different school activities such drug
education program, crime prevention program, immunization and
vaccination program, organization of Junior Police, and medical or
dental outreach program in coordination with Commission on Higher
Education (CHED), Department of Education (DEPED, and
Department of Health (DOH).

6. The Non-Government Organizations – These are socio-civic

organizations involved in the uplifting the welfare of the public through

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 varied programs and activities that support the endeavors of the
government. They could also help in the building of the image of the
police.
a. Identification/assessment of existing NGO.
b. Liaison with the NGO.
c. Mobilization of NGO in support of police programs and projects.

What are the Public Information and Propaganda Operations?

1. On Internal Security - There shall be intensified information on evils of

the ideology and actual terrorist operations through regular issuance of
press releases.
2. On Crime Prevention and law Enforcement - There shall be sustained
information drive on how the public can reach public assistance and the
utilization of the tri-media on modus operandi safety and the like.
3. On Public Safety – these are:
a. Intensified information drive on pre disaster preparedness;
b. Support information drive on how to get government assistance when
affected by calamity or disaster; and
c. Intensified information campaign to generate awareness and sympathy
for the victims of calamities and disasters with the aim of gaining relief
and other support to them.

Conducting Internal Reforms Thru:

1. Continuous Values Orientation and Skill Development of Personnel:

Intensification of police education and values orientation; and
Internalization of the Code of Ethics and Professional Standard of the
police, moral and spiritual values and basic courtesies relative to Law
Enforcement.

2. Unrelenting clean up of the organization of misfits, criminal elements, and

leaders with low potential. These can be done by the continuous
investigation, suspension or dismissed of misguided and erring police
level at all level.

3. Unrelenting effort to brighten up the physical appearance of the police

facilities and vehicle. Sprucing (make neat and tidy) up of all police station
or offices to create a public friendly atmosphere therein and the exercise
of proper care.

Feedback and Evaluation System – One method of determining whether

individual police officers are performing their tasks well is through feedback and
evaluation which considers the following:

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 1. Unit Visitation - involves the conduct of scheduled and run scheduled
visits to check performance, appearance, and behavior of police personnel
and the state of police facilities and vehicles.
2. Surveys – involves the conduct of random surveys by the PR (public
relation) or private agencies to determine the public perception of a
particular police unit or office.
3. Records – involves the submission and analysis of periodic reports and
special reports by police units as required.
4. Interviews – involves the conduct of casual and or structured interviews
of selected individuals who can provide insight on the current state of
police community relation.
5. Media Analysis - involves the monitoring of reports, stories commentaries
printed or aired by mass media practitioners to determine perception of
individuals who are considered as effective molders of public opinion.

What are the Effects or Impacts of Poor PCR to the Public?

Poor PCR programs cause the public:

1. not to report the occurrence of crime;
2. not to come forward and provide information;
3. not to assist in apprehension of criminals;
4. not to be supportive of police activities;
5. not to testify in court voluntarily; and
6. to even aid the criminals.

Poor Police Community Relation makes the police to:

1. become less judicious and less discreet;
2. be reluctant to act on some matters needing police action;
3. induce unnecessary use of force;
4. induce verbal abuse;
5. induce improper practices;
6. feel isolated and unhappy in his community; and
7. diminish his sense of fulfillment.

Why Public Support is needed?

Public support is needed to make it easier for the police to accomplish

their task successfully.

PUBLIC RELATION

This is a program designed to make the public aware of what the agency
is doing, why is it doing, and how it contributes to the welfare of the community.

What are the Types of Public Relation?

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 1. Public Awareness Programs - familiarizing the public with the true
nature of police operations. This includes:
a. Mobile Vans - Variety of displays and exhibits of police equipment,
which help to explain to the public, what the police do and how they do
it.
b. Displays and Exhibits - Set up in department stores, shopping centers,
and other public locations are popular ways in which the police can
bring their messages to the public.
c. Informative Materials - Distribution of pamphlets or brochures designed
to explain their services to the public.
d. Open House - Public tours of facility conducted during certain times of
the year such as police week, or law observance week.
e. Public Speakers - Providing speakers for various types of public
gatherings such as civic clubs, businessmen, associations and social
groups.
f. Ride Along - Permits number of the community, to ride in a police car
with an officer and observed field operations.

2. Informational Programs - providing the public with information which is

directly related to the interest and needs of the community. This includes:
a. New Arrivals - Making some members of the community feel at
home in their new surroundings.
b. Traffic Advisory Reports - Coordinate with the media in announcing
important traffic matters such as road accidents, highway construction
and traffic congestion.
c. Informational Bureaus - Information about such things as renewal
of drivers license, payments of utility bills, availability of legal services
and other items.
d. Informational Brochures - Provide the public with booklets,
pamphlets, and other types of publications, which contain information
of community interest.

3. Image Building Programs - promoting programs which are designated to

create a more favorable public image of the police. This can be achieved
through:
a. Citizens awards
b. Police Color Guard
c. Police Citizens Luncheons
d. Operational Handshake
e. Recruit Visitation Programs
f. Community Events
g. Gifts Packages

What are the duties of the Public Relations Officer?

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 1. To evaluate public opinion and attitudes with respect to the policies,
methods, and personnel of the police station.
2. To advice the police station commander with regard to the public relations
aspects of new or revised department programs, policies, procedures and
activities.
3. To plan and to carry out programs aimed at keeping the public informed
on police activities
4. To provide staff supervision of all police activities that may influence public
support.

Foundation of Public Relations - They are basically founded on the GOLDEN

RULE: “Do not do onto others what you do not want others unto you.” In
addition, public relations are founded on the following:

1. Give before you seek to get

2. Give what is due to others.
3. See the other person’s side
4. Respect, so you would be respected.

INDIVIDUAL PUBLIC RELATIONS

As individuals, police officers shall also develop personal relationship with

the public which is divided into the following categories:

1. Domestic Relations - This consist of a person’s dealing with his

family, parents and immediate relatives, with whom he has to have good
relationship in order to develop a respectable family prestige as well as
cordial community relations.
2. Neighborhood Relations - This consist of a person’s dealing with
neighbor who constitute a vital link to good reputation in the community
3. Community Relations - This is made up of a person’s dealing with
the citizens of the community, city or town where a person likes. These
also include his membership or contributions to civil undertakings and his
membership or contribution to the civic organization or community
associations in the locality.
4. Church Relation - This consists of a person’s dealing with religious
affiliation that is necessary for the stability of moral principles.
5. Government Relations - This is made up of the dealings, which a
person has with the government and its various instrumentalities. The
recognition of government authorities, its laws and ordinance, as well as
other public responsibilities, are significant phases of an individuals public
relations.

PROFESSIONAL PUBLIC RELATION

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 In the practice of his profession, a police officer shall observe a
professional conduct which is divided into the following categories:

1. Inter-Departmental Relation - This is made up of the peace officers

relations with the officers and men of his own department, his supervisor,
the station commander, as well as the city/municipal mayor where he is
assigned.
2. Citizen’s Relation - This includes all dealings or contact with the citizens
in relations to the enforcement of the law and the maintenance of peace
and order, together with the giving of information to the public on criminal
and non-criminal activities.
3. Complainant Relations - This includes how officer deals with
complainants, the techniques of interview he uses, the manner of
approach he adopts, and the treatment of witnesses and informers.
4. Relations with Accused Persons - This covers the proper treatment
of suspects, the recognition of their constitutional rights during custodial
investigation and the handling of accused persons during confinement.
5. Relations with Prosecutor - This includes a police officer’s duty to
cooperate during preliminary investigations and the gathering of further
pieces of evidence once the fiscal files the case.
6. Judicial Relations - This consists of the peace officer’s duties
toward the courts when appearing as a witness and the honesty of his
testimony.

DEALING WITH COMPLAINANTS – Police officers when dealing with

complainants shall observe the following:

1. Receiving Complaints - When a citizen calls at the police

station or approaches a policeman on the streets to make a complaint, he
should be accorded a suitable reception. The police office must adopt an
attractive manner; his attitude alert, his face and voice pleasant, and he
must appear interested in the subject at hand. Timid citizens often dread
police officers; they should make great effort to place these timid citizens
at ease.
2. Complaint Desk Officer - The complaint desk officer
should be alert at his desk and avoid ignoring a timid citizen. As soon as
he sees a person approaching, unless he is busy with another citizen, he
should immediately offer his service by posing a simple question such as
“May I do something for you, Sir?” to demonstrate his sincerity. If
possible, there should also be a woman employee at the desk to handle
complaints from women who may be timid about approaching a male
officer. This employee need not be a policeman; a clerical employee may
be stationed at the complaint desk for this purpose.
3. Attention to the Complaint - A person who approaches a
policeman for assistance should be given ample opportunity to tell his
story. The officer can sometimes assist with intelligent questions,

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 evidence of sympathy, and assurance of aid. But he should not
needlessly interrupt the explanation of the complainant.
4. Receiving Complaints and Criticisms against the
Police - Complaints should be referred to the proper authorities for
audience or if permitted, the officer may refer the complaint immediately to
his superior officer. Sincere citizens sometimes make an earnest effort to
offer information and suggestions of value to the police. These should be
accepted in the spirit in which they are offered, with graciousness and
appreciation even though the subject matter may be infuriating.
5. Legitimate Complaints against the Police - The police
station itself influences the attitudes of both the police and the public. The
public does not react favorably to an ill smelling dark, poorly kept, and
(human) unclean police station; neither to the police officers themselves.
While the police may have little choice in the location and arrangement of
their headquarters they do have the opportunity and the responsibility to
maintain them in a clean and presentable condition. Paint of a light color
can usually be obtained and trusty labor is usually available for painting,
cleaning, and janitor services.

GENERAL RULES ON OFFICIAL CONDUCT – All police officers shall adhere to

the following in the performance of their duties:

1. Policeman shall be habitually courteous. They shall recognize their

responsibilities as public servants and shall be particularly attentive to
citizens who seek assistance or information or who desire to register
complaints or give evidence.
2. They shall accept their responsibility to the public by being punctual in their
engagements and expeditions in the performance of their duties.
3. They shall regard their office as a public trust, and in the discharge of their
duties, be constantly mindful of their primary obligation to serve the public
efficiently and effectively.
4. They shall administer the law in a just, impartial and reasonable manner;
and not accord to some, more reasonable manner; and shall not accord to
some, more treatment than to others. They shall recognize the limitations
of their authority and at no time use the power of their office for their own
personal advantage.
5. They shall be true to their obligation as custodian of public property and
shall bear in mind that the misuse and waste of money from the public
treasury is bad.
6. They shall not limit their effectiveness in the administration of their office by
accepting tokens of gratitude, or by giving preferential treatment to certain
corporations with whom they may have official dealings.
7. They shall cooperate fully with all other public officials to the end that the
safety and general welfare of the public will be assured. They shall not

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 permit jealousies or personal differences to influence their cooperation with
other agencies.
8. They shall add to their effectiveness by diligent study and sincere attention
to improvement. They shall welcome the opportunity to disseminate
practical and useful information relating to matters of the public’s safety
and welfare.
9. They shall so conduct their public and private life that the public will regard
them as examples of stability, fidelity and morality.
10. They shall bear faithful allegiance to their government, and be loyal to their
profession. They shall accept, as a sacred obligation their responsibility as
citizens to support the Constitution of the Philippines; and as public
officials, consider the privilege of defending the principles of Liberty as
defined in our Constitution and law. This is the greatest honor that may be
bestowed upon any man.

COMMUNITIES IN COMMUNITY RELATIONS

In PCR, the police is not actually dealing with a single community but
rather to various communities with distinct characteristics. These communities
could be categorized into External and Internal Communities.

The External Communities

1. Justice Community - Other police agencies, courts, and correctional

departments existing at many levels of government are a part of the
justice community with which police must interact. The nature of the
relationship between police and members of the justice community has a
direct impact on police effectiveness in achieving their goals.

2. The Human Services Community - The human services umbrella

includes many public and private and social service resources, mental and
health general services, media civic and religious groups and educational
services.

3. Citizens and the Police - Peel’s principles state “the police must secure
the willing cooperation of the public in voluntary observance of the law to
be able to secure and maintain public respect”. Part of the police
community relations is the understanding of the public the police serve
and having the public understands the police. That is no easy task. The
public is many people with many varying needs and hopes, who live in a
changing society and bring to that society conflicting values and cultural
rules. The police agency is relatively closed, somewhat secretive, and
vague as to what the police role and the citizen role should be.

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Internal Communities

1. Personal Support Community - The officer’s support groups, both in the

sense of family system and close personal relationships, affect the
officer’s perspective and effectiveness. The officer has an impact on the
support group as well. This relationship may be one of the most critical in
determining the officer’s ability to cope with the human experience of
being a cop. It may also determine to a large degree how the individual
officer will relate with other communities

2. Police Community - The police officer as a member of the police

structure must also be considered. It is this community that can determine
whether police – community relations outside the agency will be supported
or undermined both as a matter of policy and practice. The first positive
relationship that must be formed effective community relations in a larger
sense is to be accomplished within the agency itself.

MAINTAINING TRUST AND PUBLIC CONFIDENCE

The police should be people oriented to recognize the divergence of

people and yet capable to working together with them of a common good. Being
good is not enough. A police officer must show it by the way he performs his job
and by the state of discipline of every officer and men in the police station or
similar unit. The command must increase the personnel assigned to patrol
division in line with the police visibility program and to make them available to
provide police assistance at any time. Requesting the community to assist in
identifying the scalawags in uniform as a basis for giving immediate disciplinary
action against them is another way of gaining support from the community. The
policeman should closely coordinate with the business community to identify
areas where police presence is needed. Conduct of in dept study and to initiate
the immediate assignment of police to every barangay must be made to serve
the police needs and to call upon residents.

Police Character

The police program of growth includes the development of the essential

attribution of all its members. Every police thus:

 Shall be loyal to the service, which he belong and is proud of.

 Shall be sympathetic and display the ability to feel the suffering of other
people.
 Shall be confident in his ability to know the job and do it well.
 Shall disposed of and act on all cases correctly.
 Shall guard himself against rash judgment from opinion in advance.
 Shall be courteous to the community at any place and on any occasion.
 Shall demonstrate strong faith in what he is doing.

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  Shall not sulk in the face of danger but with his mental conviction and
physical strength.
 Shall maintain an attitude of enthusiasm, dedication, zeal and pride in his
work.
 Shall be tactful in his dealing with people of the community.
 Shall be firm and unyielding but not officious in dealing with people.
 Shall be serious and purposeful but not officious in dealing with people.
 Shall genuinely be interested to his task.
 Shall avoid unwarranted practice or situation that will endanger him.
 Shall be patient when the situation demands.

Police Moral and Esprit de Corps

The police build their reputation upon favorable community relationship

and express by community confidence and the continued constructive
accomplishment is only possible when the internal strength of the organization is
assure.

When the members of the police organization show pride of

belongingness to their organization (or esprit de corps) consequently, their
morale is high. It follows also that they manifest genuine loyalty and noble faith
in the policies and objective of their organization.

Exemplary Conduct

Exemplary conduct or conduct worthy of emulation is another way of

maintaining public trust especially so that the community demands more than the
ordinary acts. A police as a public officer loses his private life because whether
he is on or off duty, he will be under unrelenting scrutiny and critical analysis by
the community.

The police by reason of their specific responsibilities are bound to more

exacting code that any other public servant. Delinquents in conduct that pass
unchallenged when committed by other public officials are acts that are accepted
as common place in judging the conduct of the citizens but are adjudged as
reprehensible when committed by policeman.

Police Officer’s Compassion and Understanding

In the performance of his duty, a police officer looks no requirements. He

should fairly serve regardless of the personality of the person whom he deals
with. Further, even the seriousness of the problem should not be a factor
whether to serve or not to serve. Sometimes, a person with personal problems
approaches police officers. And in dealing with personal problems, it is
imperative that matters of such of vital personal importance be approached with
understanding, compassion and magnanimity

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Police Influence over the Community

The community looks upon policeman as representative of the authority of

law. It is obvious therefore, that influence of the policeman over the community is
increased by reason of the authority they personify. People under stress or
influence of excitement are more susceptible to the influence of external stimuli
than they would be under normal circumstances. They are likely to be more
readily influenced by the action of those with whom they come into contact.
Policeman must be careful that the influence of their authority does not become
oppressive in their relationship with the community particularly in situations of
stress and excitement.

Police Practice of Courtesy

Practicing courtesy involves much more than friendliness. To appreciate

sincerity and habitually performed acts of courtesy requires cultivation of
appearance, voice, manner, intelligence humor, temperament and unselfishness
that are easily appreciated by the people. All of these factors co-mingle in the
production of a gentleman in principle and in conduct. Compassionate but firm
and earnestly interested without being over solicitous. Irregardless of the nature
of the task, a policeman must continually practice courtesy; they cannot be made
as an exception. Disagreeable duties must be performed willingly and
unpleasant orders obeyed cheerfully. Flares of temper, sarcastic criticism and
moodiness have no place in the conduct of a good policeman.

Proper Treatment of Law Violator

Numerous contacts with anti-social persons are likely to cause the

policeman to assume an attitude of veneer hardness. They often entertain
erroneous belief that courteous treatment of law violators is an indication of
weakness. They will say that criminals are not entitled to the treatment accorded
to a gentleman. A good manner in the treatment of any law violator is not
indication of weakness.

Policeman may be firm and exacting in the enforcement of the law, there
may be strict and relentless in their relationship with the offender that come
under their control, yet remain propitious and gentlemanly in their bearing. The
fact that a criminal, by reason of depravity or because of his anti-social acts has
not earned the respect of his fellow men has no bearing upon the conduct of the
policeman with whom he is brought into contact. When a policeman resorts to
ungentlemanly treatment of criminals, they do not alter the status of the criminals
in any ways; they only lower their own social status to the same level of the
criminals.

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Police Leadership

True leadership is personal and it is a psychological balance showing a

well-integrated personality. There are no characteristics that combine in the
personality of a true leader, because individuals differ in their viewpoints and
reaction. However, the qualities that seem most common on persons who
command public respect and confidence are those that rate highly in influencing
positive character of his men. It goes with these qualities the maxim, “true
leadership is influencing others to perform well.”

Police Practice of Self Confidence

Self-confidence is faith to oneself, and it is predicated upon knowledge,

still in applying knowledge, and in the ability and willingness to pass one’s
knowledge for the benefits of the others. Self-confidence is in fact a state of
mental satisfaction that arises from being able to put the possession of
knowledge to constructive use.

Police Practice of Self Sacrifice

Self-sacrifice is a fundamental trait to true leadership. It is inescapable

fact that to contemplate a situation without bias requires first a complete
subordination of self. Effective police work requires the utmost self sacrifice;
policemen who are selfishly impressed with their authority cannot succeed as
leader.

Paternalism

Paternalism as a quality is found in policeman who is mindful of the

welfare of other. It is basic to police leadership because community welfare is the
primordial responsibility of the police. Harmonious relationship between the
police and the community depends, to a great degree, upon paternalistic
influence that enters in the shaping of community policies.

Fairness and Honesty

Fairness and honesty are qualities that have universal appeals.

Preponderance of community criticism against police authority is occasioned by
reason or partiality and unfairness in exercising police function. Impartial
application of laws and regulations, fairness and honesty in exercising the police
authority are powerful force in insuring community respect for Police service.

Decisiveness

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 Initiative and decisiveness are characteristics traits of man who acts
correctly and at the proper time. The ability to act decisively and correctly is a
manifestation or thorough preparation and interest in the appreciation of the task
at hand. The policeman’s knowledge, mental alertness and judgment all enter in
the development of this very desirable trait.

Personal Dignity

Personal dignity is indicative of a policeman’s appreciation of the honor of

his position. It is an excellent manifestation of his “esprit de corps” and is a
powerful factor in creating community respect. Policeman who are paternalistic in
their concern for community welfare, sympathetic in caring for citizens in distress,
are calm and dignified in their community relationship citizens they serve.

Physical and Moral Courage

The community assumes that policemen are physically courage, yet true
courage is not thoroughly understood by most citizens. It is a common
misapprehension to consider reckless disregard of danger as a manifestation or
courage and bravery. True courage is that state of devotion to duty that will give
policemen the moral stamina impelling them to the performances of duly even in
the face of full knowledge of the dangers involved.

More than physical courage, the community demands moral courage, the
kind of courage that enable policemen to take it on the check to assume the
responsibility of their office without quibbling, bravery stand up for their conviction
without attempting to shift or evade the personal criticism. Moral courage is
synonymous with integrity.

Moral Ascendancy

Moral ascendancy is the influence that one-person exercise over a group

of persons by reason of exemplary nature of his character. It arises out of
withstanding the hardship and difficulty of the work, sincerity of purpose that
manifest in willingness to personally adhere without equivocation, and to the
same standards of conduct that he is duty bound to enforce upon other.
Policemen are particularly vulnerable to community criticism, for lack of
this quality, they must be able to control their emotion, temper, their likes and
dislikes, physically able to withstand hardship without complaint, and able to
effectively conceal their worries.

Moral ascendancy is not important in evaluating the effectiveness of

commanding officer in the police service. The moral force or lack of it in
commanding officer is reflected in the very character of policemen under their
control, and obviously become an important influence in the community appraisal
of police service.

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 Commanding officers cannot maintain their leadership over the
subordinates, if at any time they are place in position of moral embarrassment.
Questionable character of a leader in the community service reflects all members
of the group. The final measure of moral ascendancy is found in the true
character of the individual, by the example he sets in his own living.

Dependability and Punctuality

The public has the right to demand the same guarantees in the manner of
its safety as all exacts for the protection of public health. The public is concerned
with emergency situations that require immediate attention and effective
treatment. Police service if it is to be of any value must be dependable. The
policeman should be able to serve at the right place at the right time. All the skills
and abilities that policemen possess are of little value unless he can defend upon
to apply his skill at the proper time. Punctuality is not only important in
relationship with the public but it is also essential in routine activities as well. The
rendition of report, appearance in court and cooperation with colleagues and
other law enforcement agencies are responsibilities that can be relied upon if
properly implemented.

Policeman shall accept their responsibilities to the public by being

punctual in their engagements and expeditions in the performance of their duties.
Thus he must:

 Promptly carry out every duty to which he is assigned.

 Be punctual, attentive, accurate and unselfish
 Accept the fact that punctuality involves more than reporting to work at
time; it involves every detail of the policeman’s daily activities.

Attitude in Trial Court

Aside from proper attire, police officers when attending court sessions in
whatever capacity should also observe the following behavior while in the
witness stand:

1. He must say nothing but the truth.

2. He must be calm.
3. He must be prepared.
4. He must be courteous.
5. He must be natural and straightforward.
6. He must maintain his temper.
7. He must be attentive to the questions to be hurled or asked.
8. He must speak loudly enough to be heard.
9. He must be conscious of his personal appearances.

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Appearing as a Witness

Witness in Criminal Case – A policeman shall, when subpoenaed as a

witness in a criminal case, promptly notify their immediate chiefs. No members of
the PNP shall be a witness in such capacity without the service of a proper
subpoena.

Witness in Civil Case - No member of the PNP shall testify in civil cases
unless summoned to do so by proper authority.

Action After Court Attendance - A member of the PNP attending any

court session under subpoena/summon or other processes as a witness, shall
after having been released there from for the day, immediately report to their
superior officer.

POLICE APPEARANCE AND THE COMMUNITY

Police Personal Appearance

A police officer’s personal appearance speaks well of his department. To

ensure positive opinion to his department or organization, he should observe the
following:
 He shall be properly attired and equipped whenever he appears
before the public.
 He carries with him only the prescribed regulation weapons and
other related items.
 He shall dress moderately and of good taste if and when they must
wear civilian clothes.
 He must maintain good posture and grooming.
 He must see to it that his uniform is clean and properly maintained.

Police Satisfactory Uniform

A satisfactory uniform, comfortable for the officer and pleasant to the eye
is important. Attractive snappy uniforms influence the moral of the policeman as
well as the “Esprit de Corps” of the entire police force. A policeman should be
kept in a condition of good health and cleanliness and not to be permitted to
become wrinkled or stained. He should have at least two uniforms to facilitate
and maintain cleanliness.

Police Personal Cleanliness

Personal cleanliness is very important in dealing with the community.

Hence, a policeman should:
 Be required to shave daily and to have their hair cut regularly.

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  Have frequent bath.
 Have clean fingernails and other parts of the body.

Periodic Inspection

These factors of personal appearance and their effect on the community

justify among others, the periodic inspections of the force. Attention should be
given in such inspections not only to hearing, address and equipment, but also
on the aspect of personal cleanliness just mentioned.

Policemen Mental Attitude

The attitude of police officer is quite important as his physical condition

and appearance because it determines his conduct and reaction to the
community. His attitude is reflected in his facial expression, voice, word used and
actions. Therefore:

 He must be friendly and show willingness to serve.

 He must not forget that he is a Public servant, appointed for the role
purpose of serving the community.
 He must not give an impression of haughtiness, aloofness,
officiousness or condescension.
 He must refrain from sarcasm and flippancy.
 He must develop pride in his organization
 He must be proud that he is an officer and conduct himself with the
dignity of that officer.

Policemen Habits and Conversation

 Police officer must avoid subjects of smutty or questionable nature.
 Police officer must establish habits of conversation, which are pleasing
to the listener and avoid giving offence by the subject matter or the
method of presentation.
 He must watch his diction and his English; he should test the falls of
sloppy habits of speech. The attitude of Police officer is quite important
as his physical.
 Should keep his hands out of his pockets, whether engaged in
conversation or otherwise.

Although these items may seem of little consequence, and perhaps in

more fundamental analysis may be relatively unimportant but most policemen are
judged by their language and conversation.

Policemen Personal Habits

The personal habits of the individual police officer strongly influence the
attitude of the community towards the police. Thus:

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  He should avoid restless habits such as tapping his finger or feet,
whittling or other evidence of nervousness.
 He should not permit himself to develop such unpleasant personal
habits such as, hawking and spitting, smoking while on duty in public
place.
 He should not smoke when speaking to a citizen. Smoking habits that
are offensive to the public should not be permitted whether on the
street or headquarters.

Policemen should avoid Evil Doings

The policemen must not only avoid evil, he must also avoid the
appearance of evil. Thus:
 He should be careful to avoid questionable associates and to spend
spare time and obtained his recreation in the company of those whose
character and reputation are irreproachable.
 He must avoid controversial questions, those dealing with religion,
politics and the laws.
 He must avoid domestic difficulties more assiduously than the average
citizen.
 He must abstain from drinking intoxication beverage to excess.
 He shall not engage in any form of gambling except those allowed by
law:
 He should avoid entering any house reported as being of ill-repute and
other vice dens.
 He shall not buy nor use or process smuggled products.
 He shall avoid accepting any fees, rewards or gifts of any type, for any
service rendered in the performance of his duty other than his
authorized salary or shall use his position for material consideration.
 He should avoid “bad habits” celebrating Christmas, New Year and
other occasion by firing their guns.

POLICE HEADQUARTERS AND THE COMMUNITY

It was mentioned that the appearances of a police station/headquarters

influence the attitude of both the police and the community. This can be further
attained by the observance of the following guidelines.

Appearance of Police Station

The station/headquarter must have a business like appearance, unsightly

trash eliminated; thus, the police station/ headquarter must have the following
appearance:
 Must have presentable view inside or outside.
 Must possess a well keep office that is worthy of the discipline of its
force, honor ideal of Law enforcers.

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  Must be strict in anti-littering /smoking campaign in the building or
grounds and police equipment shall be maintained properly.
 Trashcan shall be available and comfort room shall be clean and free
from foul odors.
 Must be identifiable and the desk shall bear the name of the policemen
for public convenience and information.

Policemen at Station/Headquarters

The police station/headquarter should not only maintain a high standard of

efficiency, but it should give an appearance of efficiency. This is created by a
business like attitude and conduct on the part of the policemen. Thus, the
policemen must avoid the following attitude:
 Policeman should not roughhouse among themselves in public view.
 They should restrict their activities to the assembly room or those
sections of the station reserved for their rest of reaction. Otherwise the
public may conclude that they are lofting while on duty.
 He shall not in the station/office or elsewhere while on duty, drink any
intoxicating liquor or take prohibited drugs or report to duty under the
Influence of liquor or prohibited drugs; or habitual drunkard to the
prejudice of his duty.
 Police should not indulge in loud, boisterous talk that can be heard by
the public.
 They should avoid an appearance of idleness and create an
impression of business like efficiency.

Police Telephone and the Citizen

Telephone to the police station/office is very important since a person’s

life, property and liberty may be at state because the telephone operator is the
first contact with the police department, it is important that the conversation is
pleasant and satisfactory as possible.

Police Telephone Greeting

It is important too, that the police operator gives attention to his manner of
speaking over the telephone. His greeting should be crisp and business like, to
manifest alertness and willingness to serve, rather than show indifference. Some
police departments require the policemen to follow this greeting “hello police
department” with statement of his name. But most persons who call the
assistance of the police are of interested in their personalities but only in prompt
service. As a general rule they are in hurry, they want service at one, with the
least possible delay. Hence, it is not advisable to inject the name of the police,
since the simple greeting “hello police headquarters/station” and then give all
needed information would be enough.

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Immediate and Courteous Reply

Incoming telephone calls to a police headquarters/station deserve

immediate and courteous reply. Promptness is important in the police service.
Persons who call for the assistance of the police usually do it to register a
complaint. They are emotionally upset and easily annoyed. If under this
condition, the wait for a protracted time happens before receiving a response to
their call, they become justifiably disgruntled.

Clear Enunciation/Diction

A policeman should meet the following criteria for efficient telephone

conversation:
 Policeman should speak with deliberate care and clearances into the
transmitted.
 Policeman should have a good diction and expression of courtesy.

Attitude in Receiving Calls

 The complainants shall be given a feeling of importance regardless of
the triviality of the complaint. Acts of kindness like giving the complaint
a seat would be long remembered and appreciated though it may
seem unimportant.
 The police interview should be quick to detect where the real problem
lies and allow the complainant enough time to narrate his grievances.
 Good police poise with pleasant voice should be adopted in order to
gain confidence.
 After complying with and directing all necessary actions on the
complaint, the policeman shall thank the citizen in a spirit of
appreciation for his cooperation in bringing the matter to their attention.

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 PHILIPPINE CRIMINAL JUSTICE SYSTEM

What is the Criminal Justice System?

The Criminal Justice System (CJS) is the machinery which society uses in
the prevention and control of crime. The process is the totality of the activities of
law enforcers, prosecutors, defense lawyers, judges and corrections personnel,
as well as those of the mobilized community in crime prevention and control.

What are the major components of the CJS?

 Police or Law Enforcement

 Prosecution
 Courts
 Corrections
 Mobilized Community

What are the functions of the major components of the CJS?

 To prevent and control the commission of crime;

 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute and sentence those who violated
the rules of society; and,
 To rehabilitate the convicts and reintegrate them into the community as
law-abiding citizens.

How does the CJS Operate?

The first four pillars, i.e., law enforcement, prosecution, courts, and
corrections, pertain to the traditional agencies vested with the official
responsibility in dealing with crime or in crime control. The community pillar is
the most broadbased. Under the concept of a participative criminal justice
system in the Philippines, public and private agencies, as well as citizens,
become a part of the CJS when they become involved in issues and participate
in activities related to crime prevention and control.

The Police or Law Enforcement Pillar

The first pillar consists mainly of the Philippine National Police (PNP). The
work of the PNP is the prevention and control of crimes, enforcement of laws,
and effecting 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.

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Prosecution Pillar

The second pillar takes care of the investigation of the complaint. In the
rural areas, the PNP may file the complaint with the inferior courts (i.e. the
Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these
inferior courts act as quasi-prosecutors only for the purpose of the preliminary
investigation. Once a prima facie case has been determined, the complaint is
forwarded to the City or Provincial Prosecutor’s Office which will review the case.
When the complaint has been approved for filing with the Regional Trial Court, a
warrant of arrest for the accused will be issued by the court once the information
has been filled.

Courts Pillar

The third pillar of the CJS is the forum where the prosecution is given the
opportunity to prove that there is a strong evidence of guilt against the accused.
It is also in the courts that the accused is given his “day in court” to disprove the
accusation against him.

The Constitutional presumption is the innocence of any person accused of

a crime unless proved otherwise. This means that the courts must determine the
guilt of the accused – beyond reasonable doubt – based on the strength of the
evidence of the prosecution. If there is any reasonable doubt that the accused
committed the crime, he has to be acquitted. The Rules of Court, however,
provides that the accused can be convicted of a lesser crime than the crime he
has been charged with in the information. But the elements of the lesser offense
should be necessarily included in the offense charged, and such lesser crime
was proven by competent evidence.

COURT is the entity in the government organized for the proper

administration of justice at the time and place prescribed by law. It is an entity in
which a portion of the judicial power is vested. The court is situated between the
prosecution and correction, the court is the centerpiece of the five pillars in our
criminal justice system. The court is an organ of the government belonging to the
judicial department whose function is the application of the laws to controversies
brought before it and the public administration of justice. As such, the court
performs, perhaps the most important role in the administration of justice
because:

1. It is the court that everyone turns to for justice.

2. It responsible for applying the criminal law against the offenders who
commit crimes, but at the same time protecting the same law violators
from the violations of the rights by criminal justice agents.

Example: Police

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 The court, as the third pillar of justice is looked upon as:
1. The final arbiter of justice.
2. The front line defender of democracy, freedom and human dignity.
3. The only institution capable of identifying and maintaining the proper
balance between the conflicting rights of the individual and those of the
state and society.

Court Distinguished from Judge

Court Judge
The court is an entity The judge is a person
appointed to a court
The court possess the The judge may come and
element of stability and go anytime
permanency

Function of Court

The primary function of a Court of Justice is the dispensation of justice. In

the performance of this function, the court decides actual controversies brought
before it, and interprets the laws of the state.

Criteria for the Administration of Justice

Rule 135, Section 1 of the Rules of Court provides that “Justice shall be
impartially administered without unnecessary delay.” Impartial administration
signifies the courts will try cases without bias or prejudice, the judge acting
objectively at all times. The term “without unnecessary delay” means that the
relief sought by the action must be accorded immediately, provided the parties
have been given their day in court.

Regular Courts in the Philippines

A. Supreme Court (SC)

B. Court of Appeals (CA)
C. Regional Trial Courts (RTC)
D. Municipal Trial Courts (MTC)
Metropolitan Trial Courts
Municipal Circuit Trial Courts (MCTC)
E. Sandiganbayan (SB)

Corrections Pillar

The fourth pillar takes over once the accused, after having been found
guilty, is meted out the penalty for the crime he committed. He can apply for

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probation or he could be turned over to a non-institutional or institutional agency
or facility for custodial treatment and rehabilitation. The offender could avail of
the benefits of parole or executive clemency once he has served the minimum
period of his sentence. When the penalty is imprisonment, the sentence is
carried out either in the municipal, provincial or national penitentiary depending
on the length of the sentence meted out.

Community Pillar

The fifth pillar has a two-fold role. First, it has the responsibility to
participate in law enforcement activities by being partners of the peace officers in
reporting the crime incident, and helping in the arrest of the offender.
Second, it has the responsibility to participate in the promotion of peace
and order through crime prevention or deterrence and in the rehabilitation of
convicts and their reintegration to society.

Rehabilitation takes place when the convict is serving his sentence. A

convict may be paroled or may even be placed on probation. Under the concept
of a participative criminal justice system in the Philippines, public and private
agencies as well as citizens, become a part of the CJS when they participate and
become involved with issues and activities related to crime prevention. Thus,
citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the
reintegration of the convict who shall be released from the corrections pillar into
the mainstream of society.

Why should you be concerned about the CJS?

You should be concerned about the CJS because it affects your life, your
work, your activities and, in general, your pattern of behavior and relationship in
the community. This is why the community pillar is also the base of the entire
CJS as there will never be criminal cases, in the first place, if the community is
healthy and law-abiding. But for the few who may have gone astray, they should
be reintegrated into the community once they are released from the penitentiary
and should be helped to become law-abiding members of the community.

What is Citizen’s Arrest?

Arrest may be effected with our without warrant. Warrantless arrest may
be effected by a peace officer or a private person under any of the following
circumstances:
a. When in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
b. When an offense has, in fact, just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has
committed it; and,

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 c. When the person to be arrested is a prisoner who has escaped form a
penal establishment or is temporarily confined during the pendency of the
case, or has escaped while being transferred form one confinement facility
oto another.

What can you do to help in the CJS?

 Organize anti-crime groups.

 Report crime, suspicious strangers or events to your barangay or
police.
 If you are a witness to the commission of a crime, help in the
prosecution of the case.
 Organize visits to correctional institutions. This is one way of instilling
social awareness on the part of the public. This could also be an
instrument whereby the public can extend material and morale support
to the convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the community to
enable them to be reintegrated into the mainstream of society.

What can you do to help the CJS?

 Organize anti-crime groups

 Report crime, suspicions strangers or events to your barangay or
police.
 If you are a witness to the commission of a crime, help in the
prosecution of the case.
 Organize visits to correctional institutions. This is one way of instilling
social awareness on the part of the public. This could also be an
instrument whereby the public can extend material and morale support
to the convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the community to
enable them to be reintegrated into the mainstream of society.

BARANGAY COUNCILIATION (RA 7160 Local Gov’t Code of 199)

Republic Act No. 7160 - It is an Act providing for a Local Government Code of
1991.
What is superseded PD 1508? It was superseded by Chapter 7, Section 399 to
422 of RA 7160

Objectives of Katarungang Pambarangay

a. To promote speedy administration of justice.

b. To perpetuate the time-honored tradition of setting disputes amicably for
the maintenance of peace and order.

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 c. To implement the constitutional mandate, preserve and develop Filipino
Culture.
d. To relieve the courts of docket congestion and thereby enhance the
quality of justice dispense by them.

Cases over which the lupon of each barangay may take cognizance

The lupon of each barangay shall have authority to bring together the
parties actually residing in the same municipality or city for amicable settlement
of all disputes except;

a. Where one party is the government of any subdivision or instrumentality

thereof;
b. Where one party is a public office or employee, and dispute relates to the
performance of his official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five Thousand Pesos (P 5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree it submit their differences to
amicable settlement by an appropriate lupon;
f. Dispute involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each
their differences to amicable settlement by an appropriate lupon;
g. Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of Justice.
h. Any complainant by or against corporations, partnerships, or juridicial
entities.
i. Dispute where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:
a. A criminal case where the accused is under police custody or
detention;
b. A petition for habeas corpus by a person illegally detained or
deprived of his liberty or one acting in his behalf;
c. Actions coupled with provisional remedies, such as preliminary
injunction, attachment, replevin and support pendente life; and
d. Where the action may be barred by the statute of limitations;

j. Labor disputes or controversies arising from employee-employer

relationship. (Montoya vs. Escayo, et. al., 17 SCRA 442; Art. 228 Labor
Code as amended);
k. Where the dispute arises out from the Comprehensive Agraria Reform
Law (Secs. 46 and 47, RA 6657);
l. Actions to annul judgment upon a compromise which can be filed directly
in court. (Sanchez vs. Tupaz, 158 SCRA 459).

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 The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filled may, at any time before trial, motu propio refer
the case to the lupon concerned for amicable settlement.

Examples of Offenses punishable by the Revised Penal Code cognizable by the

Lupon include:

1. Alarms and Scandals (Art. 155)

2. Use of false certificates (Art. 175)
3. Concealing one’s true name and other personal
circumstances (Art. 178, part 2)
4. Physical injuries committed in a tumultuous affray (Art.
252)
5. Slight physical injuries and maltreatment (Art. 266)
6. Other forms of trespass (Art. 281)
7. Other light threats (Art. 285)
8. Other light coercion or unjust vexations (Art. 287)
9. Some forms of thefts (Art. 208, par. 3, and Art 3098, par 8)
10. Altering boundaries or landmarks (Art. 313)
11. Other deceits (Art. 318)
12. Arson of property of small value (Art. 323)
13. Social cases of malicious mischief (Art. 328)
14. Other mischief’s (Art. 329)
15. Slight slander (Art. 358)
16. Slander by deed not of a serious nature (Art. 359)
17. Intriguing against honor (Art. 364)
18. Theft, swindling or malicious mischief committed or caused
mutually by certain relatives, where there is no criminal but only civil
liability.

All these offenses are punishable by imprisonment not exceeding 30 days

and/or fine not exceeding P 200.00. Under the New Local Government Code, all
offenses punishable by at least one year imprisonment and P 5,000 fine is now
within the jurisdiction of the Lupon. Also cognizable by the barangay courts are
violators of municipal ordinances which are similarly punishable as the
abovementioned offenses under the penal code.

Rules of venue under the law governing barangay conciliation

a. Disputes between persons actually residing in the same barangay shall
be brought or amicable settlement before the lupon of said barangay.
b. Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the
respondent or any of the respondents actually resides, at the election
of the complainant.

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 c. All disputes involving real property or any interest therein shall be
brought in the barangay where the real property or the larger portion
thereof is situated.
d. Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled or
workplace or institution is located. (Sec. 409, RA 7160)

Objections to venue be raised under RA 7160

Objections to venue shall be raised in the mediation proceedings before

the punong barangay, otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections to
venue herein after referred to may be submitted to the Secretary of Justice or his
duly designated representatives whose ruling thereon shall be binding.

What kind of residence required by the law order that one may exempt from
the coverage of the Katarungang Pambarangay Law?

It must be more or less permanent. In Bejer, et al. vs. CA, 169 SCRA 568,
the Supreme Court said that actual residence should not be temporary, transient
as in the case of a houseguest or sojourner like a visit of a day or two. In the
case at bar, plaintiffs are not even listed as member of the Barangay, an
indication that their stay in Pandacan is merely transient. Of course, actual
residence does not necessarily imply membership in the Barangay; and
membership in the Barangay does not necessarily mean actual residence.

Who and how may a complainant be filed with the lupon?

Upon payment of the appropriate filing fee, any individual who has a
cause of action against another individual involving any matter within the
authority of the lupon may complain, orally or in writing, to the lupon chairman of
the barangay.

What shall the lupon chairman do upon receipt of a complaint?

Upon receipt of the complainant, the lupon chairman shall within, the next
working day, summon the respondent (s), with notice to the complainant (s) for
them and their witnesses to appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within 15 days from the first meeting of
the parties before him, he shall forthwith set a date for the constitution of the
pangkat.

What is the effect of the pedency of a case before the lupon on the
prescriptive period of actions?

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 While the dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under existing laws shall be
interrupted upon filling of the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of the
certificate of repudiation or of the certification to file action issued by the lupon or
pangkat secretary: Provided, however, that such interruption shall not exceed 60
days from the filing of the complainant with the punong barangay.

Is there any period prescribed by law within which the pangkat shall arrive
at a settlement of the dispute? Is it absolute?

There is. Under RA 7160, the pangkat shall arrive at a settlement or a

resolution of the dispute within 15 days from the day it convenes in accordance
with this Section. This period shall, at the discretion of the pangkat, be extendible
for another period which shall not exceed 15 days, except in clearly meritorious
cases.

Does the law prescribe any form for the settlement of any dispute?

Yes. All amicable settlements shall be in writing, in a language or dialect

known to the parties, signed by them, and attested to by the lupon chairman, as
the use the same language, or dialect the settlement shall be written in the
language or dialect known to them. (Sec. 411, RA 7160)

May a complaint which involves matters within the authority of the lupon
be fled in court without passing through the lupon?

As a general rule, no. No complaint, petition, action or proceeding

involving any matter within the authority of the lupon shall be filed or instituted
directly in court or any other government office for adjucation, unless there has
been a confrontation between the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement has been reached as certified by
the lupon chairman or pangkat chairman or unless the settlement has been
repudiated by the parties thereto.

What is the effect if the defendant does not invoke the lack of prior
conciliation before the barangay? Explain.

It is an implied waiver of the condition imposed by PD 1508 Local

Government Code) Such waiver also takes place where a motion to dismiss is a
filed after an answer has been filed within the period to plead and before and
answer is filled. Furthermore, the Rules of Court, provide that defenses and
objections not raised in a motion to dismiss or in the answer are deemed waived.

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 May a case or proceeding be filled directly in court without passing
through the lupon?

Yes, because the requirement is not absolute. There are exceptions, like:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling
for habeas corpus proceeding;
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property, and
support pendente lite; and
4. Where the action may otherwise be barred by the statute of limitations.

If a person files a suit respecting his civil status, is there a need for prior
barangay conciliation? Why?

There is no need. It was said that in cases involving the civil status of a
person – such as one filed by a natural child to compel his acknowledgment – Is
not amont the cases where prior resort to barangay conciliation is not necessary.
The reason is obvious. The possibility of settlement at this level, however,
remote, is encouraged even in such cases before the issue is brought to the
court.

If the parties belong to the cultural minorities, what rules shall the pangkat
apply”

The customs and traditions of indigenous cultural communities shall be

applied in setting disputes between members of the cultural communities.

Are the proceedings before the lupon or pangkat open to the public? Is the
rule absolute?

Yes, all proceeding for settlement shall be public and informal, but the
lupon chairman or pangkat chairman my motu proprio or upon request of a party,
exclude the public from the proceedings in the interest of privacy, decency or
public morals.

What is the requirement of the law with respect to the appearance of the
parties before the lupon or pangkat?

The law requires that in all katarungang pambarangay proceedings, the

parties must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be assisted by their
next of kin who are not lawyers. If appears from the law that lawyers are not
supposed to appear and represent their clients in katarungang pambarangay
proceedings. But if he is the party involved, he may.

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If the parties arrive at an amicable settlement before the lupon or pangkat,
what is the effect of such settlement?

The amicable settlement and arbitration award shall have the force and
effect of a final judgment of a court upon the expiration of 10 days from the date
thereof; unless repudiation has been made or a petition of nullify the award has
been filed before the proper city or municipal court.

How many the amicable settlement of arbitration award be executed?

It may be enforced by execution by the lupon within six (6) months from
the date of the settlement. After the lapse of such time, the settlement may be
enforced by action in the appropriate city or municipal court.

Within what period should a party repudiate the settlement and how?

Any party to the dispute may, within ten (10) days form the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to
that effect sworn to before him, where the consent is vitiated by fraud, violence,
or intimidation.

What is the effect of such repudiation?

Such repudiation shall be sufficient basis for the issuance of the

certification for filing a complaint.

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