MODULE: Criminology Integration 1 (Criminal
Sociology, Ethics and HumanRelation,
Correctional Administration
CHAPTER I
INTRO TO CRIMINOLOGY
Know the School of thoughts of Criminology
Familiarize the crime typology
• Criminology The body of knowledge regarding crime
as social phenomenon.
• It includes within its scope the process of making laws,
of breaking of laws and reacting towards the breaking
of laws defined by Edwin Sutherland.
Principal Divisions of Criminology (Tradio 1999)
a) Criminal Etiology - analysis of the causes of crimes.
b) Sociology of Law- a conditions under which penal or
criminal laws develop as a process of formal social
control.
c) Penology- concerned with the rehabilitation and
treatment of offenders.
Study of the different factors that enhance the
development of criminal behavior such as:
a) Criminal demography- study of the relationship
between criminality and population.
b) Criminal epidemiology- study of criminality in
relation to spatial distribution in a community.
c) Criminal ecology- study of the relationship between
criminality and environment.
d) Criminal physical anthropology- study of criminality
in relation to physical constitution of men.
e) Criminal psychology- study of human mind and
behaviour in relation to criminality.
f) Criminal psychiatry- study of mental and behavioural
disorders in relation to criminality.
g) Victimology- study of the role of the victim in crime
commission.
Schools of thought in Criminology
Classical Criminology
Middle of 18th century social philosophers studied,
argued and began to look for a more rational approach
in imposing punishment.
It is determined by Doctrine of Free will.
Cessare Beccaria- Father of Classical Criminology
He believed that the behavior of people with regard to
their choice of action is based on hedonism, the
pleasure-pain principle.
Jeremy Bentham, a contemporary of Beccaria.
He devoted his life to developing scientific approach to
the making and breaking of laws.
He was concerned with the achieving “the greatest
happiness of the greatest number.
Utilitarianism assumes that all human actions are
calculated in accordance with their likelihood of
bringing happiness (pleasure) or unhappiness (pain).
Neo Classical Criminology
• They believed the classical approach was too harsh
and unjust.
• It is a modification of classical theory.
• It believed that certain factors such as insanity will
inhibit the exercise of free will.
• One of the changes of the neoclassical period was that
children under seven years of age exempt from the law
because they were presumed to be unable to
understand what is right or wrong.
Positivist Criminology
• In the 19th century in the context of the scientific
revolution.
• It’s rejected the harsh legalism of the classical school
and substituted with the doctrine of determinism.
• It focus on structure or physical characteristics of an
individual determine that person’s behavior.
• Auguste Comte- founder of positivist school and
sociology. The word Sociology also coined to him.
Holy three of Criminology
• Cesare Lombroso- who founded the Italian school
• Enrico Ferri-
• Rafaelle Garofalo
• The positivist school presumes that criminal behavior
is caused by internal and external factors outside of the
individual’s control.
Biological Positivism
• Cesare Lombroso’s contributions:
• He is an Italian criminologist, scientist, university
professor
• He was one of the largest contributors to biological
positivism and founder of the Italian School of
Criminology.
• Father of Modern Criminology.
• His approach was scientific, anthropological and
biological.
• His theory of the “born criminal” states that criminals
are a lower form of life, nearer to their apelike
ancestors than non-criminals in traits and disposition.
Atavistic stigmata- which refers to the physical features
of creatures at an earlier stage of development before
the same fully human beings.
Lombroso’s categorize criminals follows:
a) Born criminals- These refer to individuals who are
born with a genetic predilection toward criminality.
b) Epileptic criminals- These are criminals who commit
crime because they are affected by epilepsy.
c) Insane criminals-These are those who commit crimes
due to abnormalities or psychological disorders.
d) Occasional criminals- These are criminals who
commit crime due to insignificant reasons that push
them to do at a given occasion.
Lombroso also identified the various types of occasional
criminals
• Pseudo criminals- These individuals are not real
criminals. They have neither any inborn tendency
towards crime nor they under the influence of any bad
crime-inducing habit.
• Ex: Person who will kill self-defense.
• Criminaloids- means like a criminal or having
resemblance with the criminal. .
• Habitual Criminals- They have no organic criminal
tendency, but in the course of their lives they have
developed some foul habits that force them into
criminality.
• Passionate criminals-These are individuals who are
easily influenced by great emotions like fit of anger.
Enrico Ferri-
• A student and best known of Lombroso’s associates.
• His interest in socialism led him to recognize the
importance of social, economic and political factors into
the study of criminal behavior.
• He argued that morally responsible for their crimes
because they have must made a rational decision to
commit those acts.
• They drive to commit crimes because of the
conditions in their lives.
Rafaelle Garofalo
• He traced that the roots of criminal behavior, not to
physical features, but to their psychological equivalents,
which he called moral anomalies.
Sociological Positivism Adolphe Quetelet
• A Belgian mathematician and Andre Michel Guerry,
French lawyer worked on Cartographic School of
Criminology in which they worked independently on the
relation of crime statistics to such factors as poverty,
age, sex, race, climate and other demographic factors.
Gabriel Tarde
• He contribute on the study of the cause of crime was
his concept of the criminal as a professional type.
• He believed that most criminals went through a
process of training before finally becoming criminal.
Emile Durkheim
• According to him, crime is an inevitable aspect of
society. It could disappear only if all members of society
had the same values and such
d) Acted in a self defense or in defense of a third party
e) Entrapment
f) Acting out of necessity- prevent a greater or more
serious crime.
g) Causation-the criminal act must lead directly to the
harm without a long delay.

h) Concurrence- the criminal intent and criminal conduc

standardization is neither possible nor desirable. He must occur together.
called this concept anomie (Greek, anomos, without
i) Punishment-As the legal maxim goes”nullum crimen,
norms).disintegration and chaos replace social
nulla poena sine legis, meaning there is no crime where
cohesion.
there is no law punishing it.

The three ingredients of Crime

a) Motive or desire- the driving force the reason why

Crime the accused committed the crime.

It is defined as an act commission or omitted in b) Opportunity- the time and place of the commission
violation of public law or forbidding or commanding it of the crime.
and for which punishment is imposed upon conviction.
c) Instruments- tools employed by criminals
Norms
Crime Typologies
• Is any standard or rule regarding what human beings
• It is an organizing device for categorizing large
should or should not think, say or do under given
amounts of information into mutually exclusive
circumstances.
categories.
Deviance
General Categories of Crime
• Refers to conduct which the people of a group
1. Offense- is an act or omission punishable by special
consider so dangerous or embarrassing or irritating that
laws such as: R.A, PD, E.O, M.C, rules and regulations.
they bring special sanctions to bear against the persons
who exhibit it. Special law- is a statute enacted by congress, penal in
character which is not an amendment of the revised
Elements of Crime
penal Code.
1. Harm
2. Felony- it is a serious crime..
2. Legally/Legality
An act or omission punishable by RPC.
3. Actus reus- Latin term means to criminal conduct
3. Delinquency/Misdemeanor/ Infraction
4. Mens Rea- latin term “ criminal intention or a guilt
It is an act that is in minor violation or simple rules or
state of mind.
regulation, a minor violation of the law.
Mens rea Extenuating cicumstances
Crimes are generally classified as follows:
a) Being under age
1. Violent Crimes- crimes against person.
b) Acting under duress
2. Economic Crimes- committed bring financial gain to
c) Insanity the offender. Classified as:
a) White Collar crimes-they are violations of law
committed by a person or a group of persons in the
course of an otherwise respected and legitimate
occupation or business enterprise.
b) Organized Crimes- use of legitimate or illegitimate
business enterprise for illegal profit.
3. Public Order crimes-
It is also called victimless crimes, unlawful acts that
interfere with the normal operation of society and the
ability of people to function efficiently.
Ex: Prostitution, pornography, drug addiction, gambling,
public drunkenness, vandalism and disorderly conduct.
Legal Classification of Crimes
(The RPC)
A. According to the degree or severity of the offense
1. Felony- punishable by death.
2. Misdemeanor-minor offense punishable by one year
imprisonment.
b. According to the nature of the acts prohibited
1. Mala in Se- Evil in itself. They are crimes that are
wrong in themselves.
2. Ex: murder, rape and robbery.
3. Mala Prohibita- wrong because it is prohibited.
4. Ex: gambling, trespassing, prostitution, dynamite
fishing , illegal logging and illegal possession of firearms
c. As to the manner crimes are committed
1. By means of dolo or deceit- when the act was done
with deliberate intent.
2. By means of culpa or fault- when the wrongful act
results from imprudence, negligence. Lack of foresight,
or lack of skill.
d. As to the stages in the commission of crime
1. Attempted crime- Does not perform all the acts of
execution, which could produce the felony by reason of
some causes or accident other than his own
spontaneous desistance.
2. Frustrated crime- Performed all the acts of execution
which will produce the felony as a consequence but
which nevertheless do not produce the felony by reason
of cause independent of the will of the perpetrator.
3. Consummated crime- when all the elements
necessary for execution and accomplishment are the
present.
e. As to the plurality of the crimes
1. Simple crimes
When a single act constitutes only one offense.
2. Complex crime-
when a single act constitutes two or more grave
felonies or when an offense is a necessary means for
comiitting the other.
Ex: Robbery with homicide.
f. As to the gravity or penalty or offense
1. Grave felonies- those to which the law attaches the
capital punishment or afflictive penalties.
Fine over 6000 pesos and Highest penalty Reclusion
perpetua.
2. Less grave felonies- those which the law punishes
with penalties which are correctional in nature.
Fine over 200 pesos not exceeding 6000 pesos
3. Light Felonies-
infractions of the law for the commission of crime which
the aresto menor or a fine not exceeding 200 pesos or
both, is imposed.
Examples:
a) Slight physical injuries
b) Theft
c) Alteration of boundaries or landmarks
d) Malicious mischief
e) Intriguing against honor
Other Classes of Crimes
a) Environmental crimes- breach environmental
legislation and cause significant harm or risk to the
environment and human health.
b) Cyber Crimes- crimes that involve computer and
networks.
c) Political Crimes- criminal activities for ideological
purposes;
d) Family-related crimes- crimes within the family.
e) Patriarchal crimes- committed against women and
children in the name of traditional male dominance.
Classification of Criminals
1. Acute criminals- commit crimes due to impulses of
the moment, fit of passion, anger or spell of extreme
jealousy.
2. Chronic Criminals- acted in consonance with
deliberate thinking.
3. Normal Criminals-Their psychotic conditions
resemble that of a normal individual, except that they
identify themselves with criminal propensities.
4. Ordinary criminals- lowest form in the criminal career
that require limited skill.
5. Organized criminals- they have high degree of
organization to enable them to commit crimes without
being detected, with specialized criminal activities
operated in large scale.
6. Accidental Criminals- they commit criminal acts as a
result of unanticipated circumstances.
7. Situational Criminals- they are not actually criminals
but commit crimes due to a given situation; sometimes
their criminal activities are intermixed with legitimate
activities.
8. Habitual criminals- They continue to commit criminal
acts for diverse reasons due to deficiency of intelligence
and lack of self- control
9. Active aggressive criminals- They commit crimes in
impulsive manner usually due to their aggressive
behavior, as shown in crimes of passion, resentment or
revenge.
10. Passive inadequate criminals -They commit crimes
because they are pushed to do it, by inducement,
reward or promise without considering the
consequences.
11. Socialized Criminals - They are normal in their
behavior but mere inadequate and defective in their
socialization process.
It belong the group of educated, respectable members
of society.
Definition of Terms:
Crimes- include felonies which are violations of the RPC
and offenses which are violations of special laws.
Crime volume- is the number of crime incidents
committed in a given area over a period of time which
include the index and non-index.
CV= Index crimes + Non index crimes
Population- is the number of inhabitants in a given area.
Crime Rate- is the number of crime incidents in a given
period of time for every 100,000 inhabitants of an area.
Crime rate= Crime volume/Population/100,000
Index Crimes- are crimes which are serious in nature
and which occur with sufficient frequency and regularity
such that they can serve as an index to crime.
Ex: carnapping, cattle rustling, robbery, theft and rape.
Solved Cases: when the offender has been identified;
there is sufficient evidence to charge him.
Crime Solution Efficiency- it is the percentage of solved
cases out of the total number of crime incidents
handled by law enforcement agencies for a given period
of time.
CSE= Solved cases/ Crime Volume times 100%
Cleared case
A case shall be considered cleared when at least on of
the offenders has been identified.
Crime clearance efficiency-
It is the percentage of cleared cases out of the total
number of crime incidents handled by law enforcement
agencies for a given period of time.
CCE= CC/CV TIMES 100%
WHERE:
CC= Cleared cases CV- Crime volume
CCE= Case clearance efficiency
CHAPTER II PSYCHOLOGY OF CRIME
Biological Explanations of Criminality Heredity and
Crimes
A. Famiy Studies
1. The Study of the Juke Family (Richard Dugdale) Ada
Juke – Mother of Criminals
2. The study of the Kallikak family (Henry Goddard) He
married feeble minded girl.
3. The study of Sir Jonathan Edward family
No one of the descendants were become criminal.
Physiognomy
• It is the study of facial features of a person in relation
to his criminal behaviour. Revived by Swiss theologian
Johann Kaspar Lavater.
Phrenology or Craniology
• It is the study of the external formation of the skull.
This is associated with the work of Franz Joseph Gall.
Physiology of Somatotype
• It is the study of the body build of a person in relation
to his temperament and personality and the type of
offense he is most prone to commit.
• This approach was originate by Ernst Krestchmer
• And develop by William Sheldon.
Kretchmer Body types
• Asthenic type- thin and long narrow; This body type is
associated with schizophrenia and tends to be idealistic,
introverted,withdrawn and prone to commit larceny
and fraud cases.
• Pyknic type- round and fleshy body. Persons with this
built tend to be moody, extrovert, jolly and realistic.
They are prone to commit deception fraud and
violence.
• Dysplastic type- partly asthenic and partly pyknic with
no identifiable mental illness. Their offenses are against
decency and morality.
Sheldon body types
Body Type Physical Attributes Temperament
1.
Ectomorph Tall, thin, bony droopy shoulders
Cerebrotonic
2.
Endomorph Round, fat, short, tapering limbs and small
bones Viscerotonic
3.
Mesomorph Muscular with athletic built Somotonic
Psychoanalytic theory
• This theory blames criminal or delinquent behaviour
to conscious that is either so overbearing that it arouses
feelings of guilt,or so weak that it cannot control the
individuals impulses and leads to a need for immediate
gratification
Sigmund Freud
• The founder of Psychoanalysis viewed criminality as a
result of too much guilt feelings.
Freud attributed these feelings to man’s personality
structure:
a) The id- it is the impulsive part of the personality and
unconscious.
b) The ego-This is the objective, rational part of
personality
c) The Superego- is the conscience of a person.
Mental Disturbances and Crimes
1. Mental Deficiency- This is a condition of arrested or
incomplete development of the mind existing before
the age of eighteen, whether arising from inherent
causes or induced by diseases or injury.
Classes of Mental Deficiency
A. idiots- peersons with mental defect to a degree that
they are unable to guard themselves.
B. imbeciles- persons with mental defect, which though
not amounting to idiocy, is yet so pronounced that they
are incapable of managing themselves or their affairs.
c. Feeble minded- they require care and supervision and
control for their own or for protection of others or in
the case of children, they appear to be permanently
incapable of receiving proper benefit from instruction in
ordinary people.
d. Morally defective- persons with strong vicious or
criminal propensities
2. Psychosis
This is a common category of mental disorder among
youthful offenders and habitual criminals.
Common types of Psychoses are the following:
a. Schizophrenia- This manifested by delusions or
hallucination or a clear cut thought disorder. It is also
known as dementia praecox.
b. Paranoia- it is a psychotic delusion characterized by
incorrect or unreasonable ideas which can be seen as
truth by people suffering from this disorder. A Greek
term which means a mind beside itself.
3. Neurosis
• This is another common type of mental disorder
linked to criminal behaviour. They are not grossly
violate social norms or represent severely disorganized
personalities.
The most common neuroses with their respective
symptoms are the following:
A. Neurasthenia- This is a condition of weakened nerves
that manifest in fatigue and nervousness and
sometimes in physical symptoms such as pain.
B. Anxiety- also known as anxiety state or anxiety
reaction with the person feeling anxious, fearful or
apprehensive.
C. Obsessive compulsive neurosis- This is the
uncontrollable or irresistible to do something.
d. Hysteria- This refers to an unhealthy of senseless
emotional outbreak coupled with violent emotional
outbreak.
E. Phobia- it is called exaggerated fear of things that
normal people fear to some degree and fears of things
that ordinary people do not fear.
Cognitive theory
• This psychological theory of behaviour is based on the
belief that people organize their thoughts into rules and
laws, and that the way in which those thoughts are
organized.
• This organization of thoughts is called moral reasoning
when applied to law legal reasoning.
Behavioral theory (B.F Skinner)
• Based on the belief that all behaviour is learned and
can be unlearned.
Edwin Sutherland on Intelligence and Crime
This studies found that IQ was an important predictor of
both official and self- reported juvenile delinquency, as
Sociological Theories of Crime Causation
important as social class or race.
Robert Ezra Park, Ernst Burgess. Louis Wirth work on
Social Process theories
social ecology conclude to create criminal interactions.
It viewed that criminality is a function of people’s
Social Structure theories- Economic class position as a
interactions with various criminality is a function of
primary cause of crime.
people’s interactions with various organizations,
institutions and processes in society. Social Disorganization theory- (Henry Mckay and
Clifford Shaw)
A. Social Learning theory
Focuses on the urban environment that affects crime
• Crime is a product of learning the norms, values and
rates, the institutions cannot carry out their expected or
behaviors associated with criminal activity.
stated functions.
1. Differential Association theory-developed by Edwin
Anti-social behavior will flourished when indicators are
Sutherland, it assumes that persons who become
present.
criminal do so because patterns and isolation from non-
criminal patterns. Strain theory- (Emile Durkheim and Robert Merton)
2. Differential Reinforcement theory • It holds that crime is function of the conflict between
the goals people have and the means they can use to
• Proposed by Ronal Akers in collaboration with Robert
legally obtain them.
Burgess.
Cultural Deviance theory (Thorsten Sellin, Walter Miller,
• According to him people learn to be neither “all
Albert Cohen, Richard Cloward and Lloyd Ohlin) –
deviant” nor “all conforming” but rather strike a
balance between the two opposing poles of behaviour. • Those independent subcultures maintain a unique set
of values and beliefs that are in conflict with
3. Neutralization theory
conventional social norms.
• This theory writing by David Matza and Gresham
Subterranean Values are morally tinged influences that
Sykes.
have become entrenched in the culture but are publicly
• They viewed the process of becoming a criminal as a condemned.
learning experience in which potential delinquents and
Containment theory (Walter Reckless and Howard
criminal master techniques that enable them to
Kaplan)
counterbalance or neutralize conventional values and
drift back and forth between illegitimate and • He claimed that a strong self- images insulates a youth
conventional behaviour. from the pressures and pulls of criminogenic influences
in the environment.
B. Social Control theories
• Howard Kaplan found that youth with poor self-
concepts are the ones most likely to engage in
• People commit crime when the forces that bind them delinquent behavior for their successful participation in
to society are weakened or broken. criminality actually helps raise their self- esteem.

Travis Hirschi identified four main characteristics:

• Attachment to others Social Bond theory (Travis Hirschi)

• Belief in moral validity of rules
• Commitment to achievement
• Involvement in conventional activities
• It claimed that all individuals are potential law
violators; He links the onset of criminality to the
weakening of the ties that bind people to society.
Social Reaction theory /labelling theory (Edwin Lemert
and Frank Tannembaum)

• This theory viewed that people become criminals

when significant members of society label them as such
and they accept those labels as a personal identity.

Developmental Theory/ Multiple Factors

• Intervened personal factors such as personality and

intelligence, social factors such as income and
neighborhood, socialization factors such as marriage
and military service, cognitive factor such as
information processing and attention/perception and
situational factors such as criminal opportunity,
effective guardianship, and apprehension risk into a CHAPTER III
complex Multifactor explanation of human behavior.
INTRO TO CRIMINAL JUSTICE SYSTEM
Distinct Groups of Developmental Theories Life Course
theory

Views criminality as a dynamic process, influenced by a Criminal Justice System

multitude of individual characteristics, traits and social
The machinery of the state or government which
experiences.
enforces the rules of conduct necessary to protect life
Social Development model by Joseph Weis, Richard and property and to maintain peace and order.
Catalano, J. David Hawkins and their associates claimed
Teodulo Natividad -introduced CJS in the Philippines
that weak social controls produce crime.
Law - is a system of rules of conduct established by the
Farrington’s Theory of Delinquent Development
sovereign government of a society to correct wrongs,
By David Farrington who found out that personal and maintain the stability of political and social authority
social factors control the onset and stability of criminal and deliver justice.
careers

Interactional Theory by Terrence Thornberry

Who proposed that criminals go through lifestyle

changes during their offending careers?
1. Age-graded theory by Robert Sampson and John Laub
who claimed that as people mature, the factors that
influence their propensity to commit crime change.
2. Latent trait- holds that human development is
controlled by a Mater Trait consist of personality,
intelligence and genetic make-up present at birth or
soon after some criminologists believe that this master
trait remains stable and
unchanging throughout a person’s lifetime whereas
others suggest that it can be altered, influenced, or
changed by subsequent experience.
Models of Criminal Justice System
a) Due Process Model
- the person of the accused is presumed innocence until
proven guilty beyond reasonable doubt. It is the duty of
the prosecution to prove that the accused is guilty.
Rights of an individual is co-equal with the safety of the
public.
b) Crime Control Model
- the accused is presumed guilty and it is his obligation
to prove his innocence. The most important function of
the CJS is the protection of the public.
CONCEPT OF CJS IN THE UNITED STATES
In the American context is initially made up of three (3)
keys components – the police, the courts, the
corrections:
• The POLICE initiates the criminal justice process by the
arrest of the criminal
• The COURT conducts the trial and impose the penalty
if found guilty.
• The criminal is remanded to the prison or
CORRECTIONS not for the punishment but for
treatment and rehabilitation.
Different nomenclatures given to the person who is
being processed under the CJS:
At the POLICE stage, during investigation, he is referred
to as the SUSPECT.
At the PROSECUTORS OFFICE, during the determination
of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
At the TRIAL of the case, when a case has been filed in
court, he is referred to as the ACCUSED.
Once the COURT has determined that the accused is
guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as the
CONVICT.
It is only upon undergoing all the process when the
person has served the sentence when he can really be
considered as a CRIMINAL.
Philosophies behind the CJS
a) ADVERSARIAL APPROACH
Assumes innocence and the prosecutor has the burden
of proof and the emphasis is given on the proper
procedures.
b) INQUISITORIAL APPROACH
Assumes guilt and the accused has the burden of proof
and emphasis is on the conviction of the accused.
FIRST PILLAR: LAW ENFORCEMENT
-police or law enforcement activities which is carried on
through INVESTIGATION of crimes that are reported to
or discovered by the police or law enforcers.
- the initiator of the criminal justice cycle
-Its primary goal if crime prevention.
- Pillar of CJS which is vulnerable/prone to corruption.
Crime Detection
It is the discovery of the police that a crime had been
committed. There are traditional ways that occurrence
of crime is made known to the police:
1. When the victim personally reports the crime to the
police.
2. When a witness personally reports the crime to the
police; and
3. When the police catches an offender while in the
commission of a crime.
Crime Prevention
The elimination of the opportunity for the commission
of a crime.
RA 6975 and otherwise known as the Department of the
Interior and Local Government Act of 1990 that enacted
on December 13, 1990;
- reorganized the DILG and established the Philippine
National Police, Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public
Safety College
RA 8551
It otherwise known as the Philippine National Police
Reform and Reorganization Act of 1998, enacted on
February 25, 1998 and this law amended certain
provisions of RA 6975.
R.A. 9708
• Amending the provisions of R.A> 6975 and R.A. 8551
on the minimum educational qualifications for
appointment to the PNP and adjusting the promotion
system, August 12, 2009.
Initial contact
The initial contact with the criminal justice system takes
place as a result of a police actions.
PRESCRIPTION OF CRIME which commence to run from
the day on which the crime is discovered by the
offended party, the authorities or their agents (Art 91,
RPC). It is the loss or forfeiture of the State to prosecute
an act punishable by law due to failure to file necessary
charges by the offended party, the authorities or their
agents.
Investigation
The purpose of the investigatory stage is to gather
sufficient evidence to identify the suspect and support a
legal arrest. The process of investigation includes but
not limited to:
a. Surveillance and observation of suspects
b. Taking of photographs surreptitiously or otherwise
c. Interview of persons with personal knowledge of
facts
d. Entrapment suspects
e. Search of premises or persons and seizures of
objects, subject to constitutional and statutory
safeguards
f. Examination of public and other available records
pertaining to persons involved in crimes
Search Warrant
• It is an order in writing issued in the name of People
of the Philippines, signed by the judge and directed to a
peace officer, commanding him to search for personal
property described therein and deliver them before the
court.
Doctrine of the Fruit of the Poisonous Tree
• Any evidence illegally obtained is not admissible in
any proceeding.
Arrest
• It is the taking of person into custody so that he may
be bound to answer for the commission of an offense.
Custody
• The moment after an arrest is made, the detained
suspect is considered under police custody and is now
restricted of his freedom of movement. The police may
wish to search the suspect for weapon or contraband.
CHARGING
• If the arresting officer or his superior believe that
sufficient evidence exists the person is charge with
specific crime for which he had been arrested.
REFERRAL
• After the formal investigation has been completed the
police has to referred the investigation
report/complaint to the prosecutor’s office, including
the evidences (Physical or documentary proof) and the
suspect if he is in custody
COURT APPEARANCE/DUTY
• The police (investigator or arresting officer) when
summon by the court must appear in court to stand as
witness for the prosecution.
OBJECTIVES OF POLICE
1) Crime prevention – the prevention and suppression
of crimes have traditionally been accepted as the
primary goal of the local police forces.
2) Criminal apprehension – it is a police responsibility to
identify, locate and apprehend offenders.
3) Law enforcement – it is the basic responsibility of the
police to enforce the law.
4) Order maintenance – one of the most troublesome
responsibilities of the police.
5) Public service – because the police is the most visible
symbol of authority, they are called upon to assist in
situations like location of lost persons or properties, to
provide VIP, bank and funeral escorts and other similar
duties.
Police Community Relation –
It is defined as the sum total dealings of the police with
the people it serves and whose goodwill and
cooperation it craves for to insure the greatest possible
efficiency in the public service.
Police Public Relation –
It is the continuing process by which endeavors are
made to obtain the goodwill and cooperation of the
public for the effective enforcement of the law and the
accomplishment of police purpose.
Human Relation – consists of fundamental precepts,
both moral and legal which governs the relationship
among men in all aspects of life.
6) Traffic regulation and motor accident investigation –
the police are expected to ensure road safety for both
pedestrians and motorists and assist in cases of road
accidents and emergencies.
When is Warrantless Arrest Lawful? (Instances of
warrantless arrest)
1. When in his presence, the person to be arrested has
committed an offense, actually committing an offense,
or is attempting to commit an offense.
(Referred to as the in flagrante delicto rule– caught in
the act of committing a crime
2. 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.
(Referred to as the “Hot pursuit” arrest rule)
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he
is serving final judgment or temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another.Referred
to as escaped felon rule
Warrant of Arrest –
• It is an order in writing issued in the name of People
of the Philippines, signed by the judge and directed to a
peace officer, commanding him to arrest a person or
persons stated therein and deliver them before the
court.
Raid
• It is a surprise invasion of a building or an area. It is an
attack on small scale or a limited territory.
Entrapment
• It refers to the ways and means of capturing or
trapping a law violators.
Buy-bust operation – It is a form of entrapment
employed by peace officers to catch a malefactor in
flagrante delicto.
Instigation - It is a process by which the instigator
practically induces the would be defendant into the
commission of the offense, and himself becomes a co-
principal.
Miranda vs. Arizona, 1966 – “Miranda Rights”, “Miranda
Warning”, Miranda Doctrine
Re-enactment -It is a demonstration by the accused of
how the committed the crime. It is a part of the
custodial investigation therefore, assistance of a
counsel if required.
Police line –up – It is not considered part of any
custodial investigation and it is conducted before that
stage is reached.
Prosecution Determiner of Probable Cause
• Existence of such facts and circumstances as would
excite a belief in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person
charged is guilty of the crime for which he is prosecuted
• The prosecution arm of the government is generally
vested in the Department of Justice (Administrative
code of 1987) under the direction, supervision and
control of the secretary of justice where the interest of
the government is in issue.
• The prosecution service is made up of the Chief State
Prosecutor, The Regional Prosecutors, The Provincial
Prosecutors, The City/Municipal Prosecutors, and such
others Prosecutorial offices as may be establish by law.
• R.A. 10071, April 8, 2010, “The Prosecution Service Act
of 2010 --changed the title of the head of the NPS from
Chief State Prosecutor to Prosecutor General.
• Other Examples of Prosecution Agencies
1. Office of the Solicitor General (State Prosecutor)
2. Office of the Ombudsman
Private lawyers should also be deemed as part of the
CJS Prosecution Pillar because they already represent
the parties (the complainant or the respondent) in
proceedings before the Prosecutors.
Prosecution- It is the course of action or process
whereby accusations are brought before a court of
justice to determine the innocence or guilt of the
accused.
Prosecution Process
1. Evaluation of complaint
Complaint – is a sworn written statement charging a
person with an offense, subscribed by the offended
party, any peace officer or other public officer charged
of the enforcement of the law violated.
2. Conduct of Preliminary Investigation
Preliminary Investigation – it is an inquiry or proceeding
for the purpose of determining whether there is
sufficient ground to engender a well-founded belief that
a crime cognizable by the RTC has been committed and
that the respondent is probably guilty thereof, and
should be held for trial. (Sec. 1, Rule 112)
Note:
• The authority of the judges of the Municipal Trial
courts and Municipal Circuit Trial courts to conduct a
preliminary investigation was revoked by A.M. 05-8-26-
SC
Filing of an Information after finding probable cause
Information - An accusation in writing charging a person
with an offense subscribed by the prosecutor and filed
with the court. An affidavit is a statement of facts under
oath.
A subpoena is a process directed to a person requiring
him to attend and to testify at the hearing or the trial of
an action. (sec. 01 rule 23, Rules of court)
INQUEST PROCEEDING
It is an informal and summary investigation conducted
by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of
determining whether or not said person should remain
under custody and correspondingly be charged in court.
1. Conducted to a subject who has been arrested
without the benefit of warrant of arrest.
2. The purpose is to determine the VALIDITY OF ARREST
and the existence of probable cause for the filing of
criminal information.
Must be conducted following the provisions of Art. 125.
(Afflictive penalities = 36 hrs, Correctional Penalties =
18hrs, Light penalties= 12 hrs.
PRELIMINARY INVESTIGATION
1. Conducted to a subject where the penalty imposed
for the crime committed is AT LEAST 4 YEARS 2
MONTHS AND 1 DAY
Complaint /Sworn statement
Subscribed by: offended party, any peace officer or
public officer in charge of the enforcement of the law
violated Filed to the office of the prosecutor/court.
Information
1. Need not be sworn, subscribed by the prosecutor
(fiscal), Filed with the court.
FILING:
Bail – Is the security given for the temporary release of
the person in custody of the law.
Bail may be given in the form of:
1. Property bond – personal or real property serving as
lien on the amount of bail to be paid.
2. Cash deposit
3. Corporate Surety – a corporation serving as a surety
for the temporary liberty of the accused person.
4. Recognizance – responsible person (known probity)
who will guarantee with court appearance

THIRD PILLAR: COURT (center piece of CJS)
It is an organ of the government belonging to the
judicial department whose function is the application of
the laws to controversies brought before it and the
public for the administration of justice.
JUDICIARY
A branch of the government which is vested with
judicial power and which is empowered to interpret,
construe and apply the laws.
JUDICIAL POWER
Power to apply the laws to contests or disputes
concerning legally recognized rights or duties of and
between the state and the private persons or between
individual litigants in cases properly brought before the
judicial tribunals.
POWER OF JUDICIAL REVIEW
Determine whether laws passed by Congress and acts of
the President are in accord with the Constitution when
the matter is raised
JURISDICTION
The power and authority of a court to hear, try and
decide cases. BP 129 otherwise known as the Judiciary
Reorganization Act of 1980 . KINDS OF JURISDICTION:
1) General – when the court is empowered to decide all
disputes which may come before it except those
assigned to other courts. (RTC)
2) Limited – when the court has the authority to hear
and determine only a few specified cases. (CTA)
3) Original – when the court can try and hear a case
presented for the first time. (MTC/RTC)
4) Appellate – when the court can try a case already
heard and decided by a lower court, removed from the
latter by appeal. (SC/CA/RTC)
5) Exclusive – when the court can try and decide a case
which cannot be presented before any other court.
(SANDIGANBAYAN)
6) Concurrent – when any of two or more courts may
take cognizance of a case.
THE FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE
PHILIPPINES FIRST LEVEL COURTS
A. Metropolitan Trial Courts – MTC in Metropolitan
Areas as distinguished from the other political
subdivision in Phils. (PMM-EXCEPT Pateros)
B. Municipal Trial Courts (in Cities) (MTCC) – equivalent
of MTC in cities outside Metropolitan Area
C. Municipal Circuit Trial Courts (MCTC) – covers two or
more municipalities.
D. Municipal Trial Courts (MTC) – covers one
municipality
Jurisdiction:
- Offenses punishable with imprisonment not exceeding
six (6) years.
- All violations of city and municipal ordinances.
SECOND LEVEL COURTS
A. Regional Trial Court (RTC) (First Instance)
• composed of several branches, courts of general
jurisdiction;
• has jurisdiction over offenses punishable with
imprisonment of six
(6) years and one day and over;
• they try and decide not only the particular or kind of
cases assigned to them by law, but also those which are
not otherwise within the jurisdiction of the courts of the
first level;
• -has appellate jurisdiction over cases decided by the
METC, MTC, MTCC and MCTC.
• Libel, Intellectual property (R.A 8293)
• (952 courts over the Philippines)
THIRD LEVEL COURT
A. Court of Appeals (CA)
• Composed of 68 Associate Justice and headed by 1 ranking public officers and employees in connection
Presiding Justice. with the performance of their functions

• RA 3019, RA 1379, RA 7080

• It is essentially an appellate court (not a trial court); • Salary grade 27 and above (C/SUPT.) (87,229.00)
second highest tribunal.
C. SHARIA COURTS
• has appellate jurisdiction over cases decided by the
Regional Trial Court Dec. 30, 1996 R.A 8246
• Created pursuant to PD 1083, otherwise known as the
• Reviews decision rendered by the CTA
“Code of Muslim Personal Laws of the Philippines”

• It is created as part of the judicial system courts of

limited jurisdiction known as the Sharia Courts and
presided by District Judges (5) and circuit judges (55)
FOURTH LEVEL COURT

A. Supreme Court (SC)

• composed of 1 Chief Justice and 14 Associate Justices

• the highest court of the land

• It is the court of last resort, for no appeal lies from its

final judgments and final orders.

• It exercises appellate jurisdiction over cases decided In general, the role of the Courts in CJS are the
by the Court of Appeals or the Regional Trial Courts. following:

• shall have administrative supervision over all courts a. Issuance of the Warrant of Arrest

• shall have the power to discipline judges of the lower b. Arraignment

courts
c. Conduct of Pre-trial Conference
• shall have the power of judicial review
d. Conduct of Trial
SPECIAL COURTS
e. Rendition and Promulgation of Judgment
A. COURT OF TAX APPEALS
ARRAIGNMENT
• created under RA 1125
It consists of reading the information to the accused
• composed of a presiding justice and five (5) judges and asking him, in open court whether or not he is
guilty of what is alleged against him.
• It has exclusive appellate jurisdiction to review on
appeal decisions of the Commissioner of the Bureau of Q: Can an accused send another person as substitute
Internal Revenue involving internal revenue taxes and for him to enter his plea?
decisions of the Commissioner of the Bureau of
A: No. The accused must personally enter his plea even
Customs involving customs duties.
he is charged with a light offense only.
B. SANDIGANBAYAN
Q: Why is it important that a plea must be entered? A:
• It is created pursuant to PD 1606 and composed of To make an issue.
fifteen (15) Justices (1 PJ & 14 AJ) now twenty-one (21)
Without an issue, there is nothing to be tried and
(1 PJ & 20 AJ)
nothing on which the judgment and sentence of a court
• Tasked to handle criminal cases involving graft and can be properly predicated.
corruption and other offenses committed by high-
B. PRE-TRIAL (Rule 118 sec. 2A)
- Mandatory requirement in criminal cases.
The goal is to expedite the trial or disposition of cases.
1. Stipulation of facts
2. Marking of evidence
3. Waiver of objections to admissibility of evidence
4. Modification of order of trial (self-defense)
5. Other matters that will promote a fair and
expeditious trial of the criminal and civil aspects of the
case.
Plea Bargaining
The process whereby the accused and the prosecution
work out a satisfactory disposition of the case subject to
court approval. It usually involves the accused pleading
guilty to a lesser offense or to only one or some counts
of several charges in return for a lighter penalty.
- Example: Attempted homicide to physical injuries
C. TRIAL
The process by which the offended party represented
by the public prosecutor/private prosecutor presents all
their evidence to prove that the offense charges was
committed and the accused will likewise present his
evidence to prove his innocence. No case shall exceed
180 days.
Due process of law - means the right to be heard before
it condemns
Evidence – is a means, ascertaining in in a judicial
proceeding the truth respecting a matter of fact.
Factum Probandum – ultimate fact or the fact sought to
be established.
CONTENTS OF JUDGMENT
A. JUDGMENT OF CONVICTION
- When the judge finds the accused GUILTY of the
charges against him. It shall include the following:
- The legal qualification of the offense constituted by
the acts committed by the accused and the aggravating
or mitigating circumstances which attended its
commission.
-The participation of the accused in the offense,
whether as principal, accomplice or accessory after the
fact
-The penalty imposed upon the accused
-The civil liability or damages caused by his wrongful act
or omission to be recovered from the accused by the
offended party unless the enforcement of the civil
liability by a separate civil action has been reserved or
waived.All person criminally liable is also civilly liable.
B. JUDGEMENT OF ACQUITTAL
When the judge finds the accused not guilty of the
charges against him. It shall state whether the evidence
of the prosecution absolutely failed to prove the guilt of
the accused or merely failed to prove his guilt beyond
reasonable doubt.
PROMULGATION OF JUDGMENT
- It is reading in the presence of the accused and any
judge of the court in which it was rendered. If the judge
is absent, the judgment may be promulgated by the
clerk of court.
A judgment becomes final:
1. When the period for perfecting an appeal has lapsed
2. When the sentence is partially or totally satisfied or
served.
3. When the accused expressly waives in writing his
right to appeal
4. When the accused applies for probation.
FOURTH: CORRECTION
• It is that branch of administration of criminal justice
charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.
(CLE Apr 2016). Considered the weakest pillar because
of its inability to reform and rehabilitate convicted
offenders. (CLE 2010)
PHILIPPINE PRISON HISTORY
1. Bilibid Prison or the Old Bilibid Prison(1847)
- Located at Oroquieta street, Manila. It was established
in 1847 and formally opened on April 10, 1866 by a
Royal decree
2. San Ramon Prison and Penal Farm ( August 21, 1869)
- Established in Zamboanga City, to confine Muslim
rebels and intractable political prisoners opposed to
Spanish rule. Composed of 1,414 hectares. Copra is the
main product and first handle Capt. Ramon Blanco,
Spanish Royal Army
3. Iwahig Prison and Penal Farm
- It was established by Americans (Gov. Forbes) in
November 1904 to confine incorrigible political
prisoners (with little hope of rehabilitation).Formerly
called as The Luhit Penal Settlement and the Prison
without walls
• Tagumpay Settlement (For those would like to settle
after serving prison term)
- 6 hectares homestead lots rewarded for those who
will choose to stay.
Iwahig Sub-colonies
• Sta-lucia
• Inagawan
• Montible
• Central
4. National Bilibid Prison (NPB)
Located in Muntinlupa City and It has 587 hectares
Lethal injection (R.A. 8177) facility is located
The NPB consists of the following:
• Main Building
• Camp Sampaguita
• Camp Bukang Liwayway
5. Davao Penal Colony and Farm
Opened in 1932 under Act no. 3732 signed by Gov.
Dwight Davis
Located in Tagum, Davao del Norte and TADECO (
Tagum Development Company) Banana plantation
composed of 3000 hectares)
Tanglaw (Light) settlement - 6 hectares homestead lots
rewarded for those who will choose to stay.
- Davao Penal Farm Sub-colonies (PK)
• Panabo
• Kapalong
6. Sablayan Penal Colony
Located in Occidental Mindoro and Established in
September 27, 1954 It has 16,000 hectares and main
product is Rice.
It has Four Sub-colonies (CPPY)
• Central
• Pusog
• Pasugui
• Yapang
7. Leyte Regional Prison
Located in Abuyog Leyte. The youngest prison
established in Jan. 16, 1973 during time of Ferdinand
Marcos.
8. Correctional Institution for Women (CIW)
Established in November 27, 1929 by virtue of Act 3759
and located in Mandaluyong City and has a total land
area is 18 hectares
NON- INSTITUTIONAL CORRECTIONS
Executive Clemency
• A collective term for absolute pardon, conditional
pardon, amnesty, reprieve and commutation of
sentence. Granted by the Chief Executive Officer
(President of the Philippines). Authority of the President
of the Philippines to suspend the execution of a penalty,
reduce the sentence and extinguish criminal liability
(CLE Apr 2016)
KINDS OF EXECUTIVE CLEMENCY
1. Pardon
• - an act of grace proceeding from the power entrusted
with the execution of the laws (the president) which
exempts the individual on whom it is bestowed from
the punishment the law inflicts for a crime he has
committed.
• Extinguishes only criminal liability but not the civil
liability. (recipient of pardon is not exempted from civil
liability ) (CLE Apr 2016)
Kinds of Pardon:
A. Absolute Pardon
- The extinction of the criminal liability of the individual
to whom it is granted without any condition and
restores to the individual his civil rights.
B. Conditional Pardon
- The extinction of the criminal liability of an individual
from the punishment which the law inflicts for the
offense he has committed, within certain limits or
conditions.
condition being that in case of misbehavior, he shall put
back to prison.
• Granted by the Board of Pardons and Parole.
Probation
• Originated from the Latin word “Probatio” which
means “testing period” which has historical roots in the
practice of judicial reprieve. (CLE Apr 2016). It is a
disposition under which a defendant, AFTER
CONVICTION and SENTENCE, is released subject to
conditions imposed by the Court and to the supervision
of a probation officer.
• It operates in accordance with P.D. 968 or the “Adult
Probation Law of 1976” and granted by the COURT.
Reintegration - Refers to the phased of reentry of an
offender into society rather than the usual abrupt
reentry at the end of a prison sentence
FIFTH: COMMUNITY
• Considered as the INFORMAL pillar of the Criminal
Justice System.

2. Amnesty • The fifth pillar of CJS includes but is not limited to

individuals, private groups and public entities who when
- An act of sovereign power granting oblivion or general
performing or are involved in related criminal justice
pardon for the past offense, usually granted in favor of
activities, become part of the system.
certain classes of persons who have committed crimes
of political

Pres. Manuel Roxas, the first president to give amnesty

(CLE Apr 2016).

Prolamation No. 51 issued on January 28, 1948.

Granting amnesty to those who collaborated with the
enemy during WWII. CHAPTER IV JUVENILE DELINQUENCY
3. Commutation of Sentence

• - reduction of the sentence, from a heavier sentence

to a less serious one, or from longer prison term to a
shorter one. (CLE Apr 2016)

4. Reprieve - temporary suspension of the execution of
sentence.
Parole- Operates in accordance with Act. 4103
• A method by which a prisoner who has served a
portion/minimum/one- third of his sentence is
conditionally released but remains in legal custody, the
Juvenile - A person who has not reached adulthood or
the age of majority (usually 18). Child, adolescent,
minor, a youth below 18 years old.
• In legal terms, a person subject for juvenile court
proceedings because a statutorily defined event or
condition caused by or affecting that person was
alleged to have occurred while his or her age was below
the statutorily specific age limit or original description
of a juvenile court.
The Delinquent Person
• Social worker defined it a person, of whatever age,
whose attitude toward other individuals, toward
community, toward lawful authority is such may lead
him into breaking the law.
Juvenile Delinquency
• It also a child who refuse to do household chores
considered violation but not law.It also refers to an anti-
social act or behavior of minors which deviates from the
normal pattern of rules and regulations, custom, and
culture which society does not accept.
Juvenile Crime
• Legally speaking, a crime is an illegal act committed by
a person with a criminal intent.
• 7 years old considered incapable of committing a
crime.
• It denotes offenses committed by children under the
age of 18.
Status offense are acts that juvenile can commit and
adjudicated only in juvenile court.
Ex: Curfew, under age drinking, running away from
home and truancy
Classification of Delinquency
• Unsocialized aggression- rejected or abandoned, No
parents to imitate and became aggressive
• Socialized Delinquency- membership in fraternities or
groups that advocate bad things.
• Over-inhibited- group secretly trained to do illegal
activities like marijuana cultivation.
Types of Delinquent Youth
• Socialized delinquent-learned deviant values and
more likely to become property violators.
• Neurotic delinquent- result of Distortions in their
personality and their ideas and perception.
Insecurities commit masculinity
Ex. Kleptomaniacs, shoplifters neurotic compulsion
• Psychotic Delinquency-severe personality disorders,
they do not usually plan their crimes. A category who
commits heinous and senseless acts.
• Sociopathic delinquents- characterized by egocentric
personality. No compassion for others. Many violent
gangsters are sociopathic
• Occasional - one who participate in a group. Have
common or similar characteristics. "Pro social". They do
what others doing.
• Gang - commit most serious infractions, most often
set to a correctional institution and continuous a
pattern of semi professional as adults
• Maladjusted - this stems from personality disturbance
.have a weak ego, asocial and experience parental
rejection.
Behavior of Juvenile Delinquents Behavioral disorders
1. Antisocial behavior -It is characterized by disrespect
or disobedience for authority.
2. Lying- It does not cure lies by attacking the liars , for
lies indicate needs which require attention.
3. Stealing-
Stems from:
a) Undisciplined desire for possession
b) Loose morals in the home
c) Parental indifference
d) Lack of proper clothing and other school
requirements
e) Undisciplined pleasure seeking
4. Truancy -this is cutting classeebwithout any
reasonable cause. This is brought about by:
a) Unattractive school life
b) Fear of punishment
c) Proximity to place of vices
5. Vagrancy- this is wandering away from home
.Possible caused are:
a) Disagreeable home conditions • Children are dutiful students

b) Feeblemindedness • There's but teach and test

c) Misdirected love for adventure 5. The theatrical Model-

Child who is deprived of his mother goes 3 phases: • Father is producer

1. Protest- cries and screams for mother shows panic, • Mother stage manager
clings when she visits and howls when she leaves.
• The children stagehands
2. Despair- after few days, child becomes withdrawn,
• No writer necessary because lines are scripted, roles
sucks thumb
are sex stereotypes, the plot predictable
3. Detachment- loses interest in parents and is not
Parenting Styles
concerned whether they at there or not.
1. Authoritative parents-
Family Model
• Warm but firm;set standards for child's conduct ;
1. The Corporate model-
• Gave high regard on independent development of
• Father is CEO, final word ;mother is operating officer;
child and self direction but assume ultimate
staff(children) turn have privileges and responsibilities
responsibility for their children's behavior.
bases on their seniority.
• Deals with their child in rational,issue-oriented
• Intimacy runs to the profit motive
manner,
2. Team Model-
• Engage discussion and explanationover rules and
• Father is head; mother is chief of training table and discipline.
cheerleader.
2. Authoritarian parents-
• Stay in shape with conformity calisthenics
• They place a high value on obedience and conformity
• Competition is in the name of the game ;winning is tending to favor more punitive. Absolute and forceful
everything disciplinary measures.

3. Military model • Parents believe child should accept without question

• The father is the general; mother is the guard duty
with special assignment
• Kids are the grunts
• Unruly chikdreln sent to stockade
• Insubordinate wives risk discharge
the rules and standard established.
• Discourage independent behaviors of
children;importance restricting child's dependence.
3. Indulgent parents-
• Behave in responsive, accepting, benign or kind and
more passive ways in matters of discipline.

• Punishment is swift and sadism is called character

• Giving the child high degree of freedom;
building
• Believes that infringement may interfere with healthy
4. The Boarding School Model
development.
• Father-rector or head master in charge of training
• Parents consider ad resources.
school minds and bodies
4. Indifferent parents-
• Mother is dorm counselor who oversees realm
emotions illness
• Fairly unresponsive to their child and minimize time • Accidental abuser- parent who exercises poor
and energy. judgment in his/her parenting decisions; poor judgment
results to child abuse
• May be neglectful they know little about their
children's activities . • Subcultural abuser- a group of people who Share a
number of values, norms and attitudes in common
Child Abuse
• Self-identified abuser- parents who are abusive ;want
• Defined as causing or permitting any harmful or
to stop abusing their children: they cannot.
offensive contact on a child body;any kind which
humiliates,shames or frightens the child.

• Child abuse as anybact or omission ,which fails to

nurture or in the upbringing of the children

Types of Child Abuse

1. Physical Child abuse

• An act deliberately inflicting physical injuries on a

child.

• Ex; burning,hitting,punching, shaking

• Result of over discipline or physical punishment.

2. Emotional Maltreatment/Psychological Child abuse-

• Adult demeans the child's worth or dignity as a human

being by constant scolding and ridiculing. CHAPTER V JUVENILE JUSTICE SYSTEM
• Leads to low self esteem.

3. Sexual Child Abuse

• Any act of maliciously molesting the child sexually

whether the sexually act act is consummated or not.
• Sexual assault if stranger commits these acts.
Typology of Child Abusers
• Mentally disordered abuser- person who has
defective mental ability.
Parentally incompetent abuser- Individual whose
practice of disciplining the child is in the same way he
was disciplined.
Presidential Decree No. 603
The Child and Youth Welfare Code
Art. 117. Classifications of Child and Youth Welfare
Agencies. - Public and private child welfare agencies
providing encouragement, care, and protection to any
category of children and youth whether mentally gifted,
dependent, abandoned, neglected, abused,
handicapped, disturbed, or youthful offenders,
classified and defined as follows, shall be coordinated
by the Department of Social Welfare:

• Situational abuser- parents abuses when he / she is
confronted with a particular situation.
• " fly off the handle" when some circumstances
develops.
(1) A child-caring institution is one that provides
twenty-four resident group care service for the physical,
mental, social and spiritual well-being of nine or more
mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children, or youthful
offenders.
An institution, whose primary purpose is education, is
deemed to be a child- caring institution when nine or
more of its pupils or wards in the ordinary course of
events do not return annually to the homes of their
parents or guardians for at least two months of summer
vacation.
(2) A detention home is a twenty-four hour child-caring
institution providing short term resident care for
youthful offenders who are awaiting court disposition
of their cases or transfer to other agencies or
jurisdiction.
(3) A shelter-care institution is one that provides
temporary protection and care to children requiring
emergency reception as a result of fortuitous events,
abandonment by parents, dangerous conditions of
neglect or cruelty in the home,
being without adult care because of crisis in the family,
or a court order holding them as material witnesses.
(4) Receiving homes are family-type homes which
provides temporary shelter from ten to twenty days for
children who shall during this period be under
observation and study for eventual placement by the
Department of Social Welfare. The number of children
in a receiving home shall not at any time exceed nine:
Provided, That no more than two of them shall be
under three years of age.
(5) A nursery is a child-caring institution that provides
care for six or more children below six years of age for
all or part of a twenty-four hour day, except those duly
licensed to offer primarily medical and educational
services.
(6) A maternity home is an institution or place of
residence whose primary function is to give shelter and
care to pregnant women and their infants before,
during and after delivery.
(7) A rehabilitation center is an institution that receives
and rehabilitates youthful offenders or other disturbed
children.
(8) A reception and study center is an institution that
receives for study, diagnosis, and temporary treatment,
children who have behavioral problems for the purpose
of determining the appropriate care for them or
recommending their permanent treatment or
rehabilitation in other child welfare agencies.
(9) A child-placing agency is an institution or person
assuming the care, custody, protection and
maintenance of children for placement in any child-
caring institution or home or under the care and
custody of any person or persons for purposes of
adoption, guardianship or foster care. The relatives of
such child or children within the sixth degree of
consanguinity or affinity are excluded from this
definition.
SPECIAL CATEGORIES OF CHILDREN
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN
Art. 141. Definition of Terms.- As used in this Chapter:
(1) A dependent child is one who is without a parent,
guardian or custodian; or one whose parents, guardian
or other custodian for good cause desires to be relieved
of his care and custody; and is dependent upon the
public for support.
(2) An abandoned child is one who has no proper
parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six
continuous months.
(3) A neglected child is one whose basic needs have
been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
a) There is a physical neglect when the child is
malnourished, ill clad and without proper shelter.
A child is unattended when left by himself without
provisions for his needs and/or without proper
supervision.
b) Emotional neglect exists: when children are
maltreated, raped or seduced; when children are
exploited, overworked or made to work under
conditions not conducive to good health; or are made
to beg in the streets or public places, or when children
are in moral danger, or exposed to gambling,
prostitution and other vices.
Art. 166. Report of Maltreated or Abused Child. - All
hospitals, clinics and other institutions as well as private
physicians providing treatment shall, within forty- eight
hours from knowledge of the case, report in writing to
the city or provincial fiscal or to the Local Council for the
Protection of Children or to the nearest unit of the
Department of Social Welfare, any case of a maltreated
or abused child, or exploitation of an employed child
contrary to the provisions of labor laws. It shall be the
duty of the Council for the Protection of Children or the
unit of the Department of Social Welfare to whom such
a report is made to forward the same to the provincial
or city fiscal.
Violation of this provision shall subject the hospital,
clinic, institution, or physician who fails to make such
report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the
case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in
connection with any court or official proceeding based
on such report. Any person disclosing confidential
information in violation of this provision shall be
punished by a fine of not less than one hundred pesos
nor more than five thousand pesos, or by imprisonment
for not less than thirty days nor more than one year, or
both such fine and imprisonment, at the discretion of
the court.
EMOTIONALLY DISTURBED AND MENTALLY ILL
CHILDREN
Art. 168. Mentally Retarded Children. - Mentally
retarded children are (1) socially incompetent, that is,
socially inadequate and occupationally incompetent and
unable to manage their own affairs; (2) mentally
subnormal; (3) retarded intellectually from birth or
early age; (4) retarded at maturity; (5) mentally
deficient as a result of constitutional origin, through
hereditary or disease, and
(6) essentially incurable.
Art. 169. Classification of Mental Retardation. - Mental
Retardation is divided into four classifications:
(1) Custodial Group. The members of this classification
are severely or profoundly retarded, hence, the least
capable group. This includes those with
I.Q.s to 25.
(2) Trainable Group. The members of this group consist
of those with I.Q.s from about 25 to about 50; one who
belongs to this group shows a mental level and rate of
development which is 1/4 to 1/2 that of the average
child, is unable to acquire higher academic skills, but
can usually acquire the basic skills for living to a
reasonable degree. He can likewise attain a primary
grade level of education if he receives effective
instruction.
(3) Educable Group. This group's I.Q. ranges from about
50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal
child of the same chronological age. The degree of
success or accomplishment that they will reach in life
depends very much on the quality and type of
education they receive, as well as on the treatment at
home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level
and can develop occupational skills which may result in
partial or complete economic independence in
adulthood.
(4) Borderline or Low Normal Group. This is the highest
group of mentally retarded, with I.Q.s from about 75 to
about 89. The members of this classification are only
slightly retarded and they can usually get by in regular
classes if they receive some extra help, guidance and
consideration. They have to spend much more time
with their studies than do most children in order to
pass. Those who cannot make it are usually
handicapped by one or more other conditions aside
from that of intelligence.
YOUTHFUL OFFENDERS
Art. 189. Youthful Offender Defined. - A youthful
offender is one who is over nine years but under
twenty-one 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 criminal liability and shall
be committed to the care of his or her 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
shall be deemed modified by the provisions of this
Chapter.
R.A. 9344
Section 1. Short Title and Scope. - This Act shall be
known as the "Juvenile Justice and Welfare Act of
2006." It shall cover the different stages involving
children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.
SEC. 4. Definition of Terms. - The following terms as
used in this Act shall be defined as follows:
(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. Bail may be given in the form of corporate
security, property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of
the circumstances and conditions which are 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.
(e) "Child" refers to a person under the age of eighteen
(18) years.
(d) "Child at Risk" refers to a child who is vulnerable to
and at the risk of committing criminal offenses because
of personal, family and social circumstances, 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;
(4) coming from a dysfunctional or broken family or
without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(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.
(I) "Intervention" refers to a series of activities which
are 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 child- appropriate
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and
development.
(n) "Law Enforcement Officer" refers to the person in
authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether
punishable under special laws or the Revised Penal
Code, as amended.
(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) "Restorative Justice" refers to a principle which
requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and
the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended and
the community; and reassurance to the offender that
he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the
victim and the community in prevention strategies.
(r) "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.
(s) "Youth Detention Home" refers to a 24-hour child-
caring institution managed by accredited local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (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.
(t) "Youth Rehabilitation Center" refers to a 24-hour
residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs,
licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the
law. Rehabilitation services are provided under the
guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the
end view of reintegrating them into their families and
communities as socially functioning individuals. Physical
mobility of residents of said centers may be restricted
pending court disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is
no private offended party.
SEC. 5. 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 not to be subjected to torture or other
cruel, inhuman or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital
punishment or life imprisonment, without the
possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily,
of his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the
shortest appropriate period of time;
(d) 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. In particular, a child deprived of liberty shall
be separated from adult offenders at all times. No child
shall be detained together with adult offenders. He/She
shall be conveyed separately to or from court. He/She
shall await hearing of his/her own case in a separate
holding area. A child in conflict with the law shall have
the right to maintain contact with his/her family
through correspondence and visits, save in exceptional
circumstances;
(e) 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;
(f) the right to bail and recognizance, in appropriate
cases;
(g) the right to testify as a witness in hid/her own behalf
under the rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all
stages of the proceedings;
(i) the right to diversion if he/she is qualified and
voluntarily avails of the same;
(j) 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;
(k) 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;
(I) in general, the right to automatic suspension of
sentence;
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury,
concealment or misrepresentation; and
(o) other rights as provided for under existing laws,
rules and regulations.
The State further adopts the provisions of the United
Nations Standard Minimum Rules for the
Administration of Juvenile Justice or "Beijing Rules",
United Nations Guidelines for the Prevention of Juvenile
Delinquency or the "Riyadh Guidelines", and the United
Nations Rules for the Protection of Juveniles Deprived
of Liberty.
RA 10630
‘Bahay Pag-asa’ – refers to a 24-hour child-caring
institution established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
providing short-term residential care for children in
conflict with the law who are above fifteen (15) but
below eighteen
(18) years of age who are awaiting court disposition of
their cases or transfer to other agencies or jurisdiction.
Section 6. Section 20 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 20. Children 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 an initial contact with the
child, in consultation with the local social welfare and
development officer, has the duty to immediately
release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest
relative. The child shall be subjected to a community-
based intervention program supervised by the local
social welfare and
development officer, unless the best interest of the
child requires the referral of the child to a youth care
facility or ‘Bahay Pag-asa’ managed by LGUs or licensed
and/or accredited NGOs monitored by the DSWD.
"SEC. 20-A. Serious Crimes Committed by Children Who
Are Exempt From Criminal Responsibility. – A child who
is above twelve (12) years of age up to fifteen (15) years
of age and who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where the
victim is killed or raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the driver
or occupant is killed or raped or offenses under
Republic Act No. 9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by more than twelve
(12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay Pag-asa’
called the Intensive Juvenile Intervention and Support
Center (IJISC).
"In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary
commitment and placement under the IJISC shall be
filed by the local social welfare and development officer
of the LGU where the offense was committed, or by the
DSWD social worker in the local social welfare and
development officer’s absence, within twenty-four (24)
hours from the time of the receipt of a report on the
alleged commission of said child.
The court, where the petition for involuntary
commitment has been filed shall decide on the petition
within seventy-two (72) hours from the time the said
petition has been filed by the DSWD/LSWDO. The court
will determine the initial period of placement of the
child within the IJISC which shall not be less than one (1)
year. The multi-disciplinary team of the IJISC will submit
to the court a case study and progress report, to include
a psychiatric evaluation report and recommend the
reintegration of the child to his/her family or the
extension of the placement under the IJISC. The multi-
disciplinary team will also submit a report to the court
on the services extended to the parents and family of
the child and the compliance of the parents in the
intervention program. The court will decide whether
the child has successfully completed the center-based
intervention program and is already prepared to be
reintegrated with his/her family or if there is a need for
the continuation of the center-based rehabilitation of
the child. The court will determine the next period of
assessment or hearing on the commitment of the
child."
"SEC. 20-B. Repetition of Offenses. – A child who is
above twelve (12) years of age up to fifteen (15) years
of age and who commits an offense for the second time
or oftener: Provided, That the child was previously
subjected to a community-based intervention program,
shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall undergo an
intensive intervention program supervised by the local
social welfare and development officer: Provided,
further, That, if the best interest of the child requires
that he/she be placed in a youth care facility or ‘Bahay
Pag-asa’, the child’s parents or guardians shall execute a
written authorization for the voluntary commitment of
the child: Provided, finally, That if the child has no
parents or guardians or if they refuse or fail to execute
the written authorization for voluntary commitment,
the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant
to Presidential Decree No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of
Crimes. – Any person who, in the commission of a
crime, makes use, takes advantage of, or profits from
the use of children, including any person who abuses
his/her authority over the child or who, with abuse of
confidence, takes advantage of the vulnerabilities of the
child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty
prescribed by law for the crime committed in its
maximum period."
Section 7. Section 22 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 22. Duties During Initial Investigation. – The law
enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict
with the law should be referred.
"The taking of the statement of the child shall be
conducted in the presence of the following: (1) child’s
counsel of choice or in the absence thereof, a lawyer
from the Public Attorney’s Office; (2) the child’s
parents, guardian, or nearest relative, as the case may
be; and (3) the local social welfare and development
officer. In the absence of the child’s parents, guardian,
or nearest relative, and the local social welfare and
development officer, the investigation shall be
conducted in the presence of a representative of an
NGO, religious group, or member of the BCPC.
"The social worker shall conduct an initial assessment to
determine the appropriate interventions and whether
the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial
assessment shall be without prejudice to the
preparation of a more comprehensive case study
report. The local social worker shall do either of the
following:
"(a) Proceed in accordance with Section 20 if the child is
fifteen (15) years or below or above fifteen (15) but
below eighteen (18) years old, who acted without
discernment; and
"(b) If the child is above fifteen (15) years old but below
eighteen (18) and who acted with discernment, proceed
to diversion under the following chapter."
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with
the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions
herein provided:
(a) Where the imposable penalty for the crime
committee is not more than six (6) years imprisonment,
the law enforcement officer or Punong Barangay with
the assistance of the local social welfare and
development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation
and, where appropriate, adopt indigenous modes of
conflict resolution in accordance with the best interest
of the child 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 these activities.
(b) In victimless crimes where the imposable penalty is
not more than six (6) years imprisonment, the local
social welfare and development officer 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;
(c) Where the imposable penalty for the crime
committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the
court.
SEC. 24. Stages Where Diversion May be Conducted. -
Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or
preliminary investigation stage and at all 1evels and
phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A
child in conflict with law may undergo conferencing,
mediation or conciliation outside the criminal justice
system or prior to his entry into said system. A contract
of diversion may be entered into during such
conferencing, mediation or conciliation proceedings.
SEC. 26. Contract of Diversion. - If during the
conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a
diversion program shall be developed when appropriate
and desirable as determined under Section 30. Such
admission shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective
and binding if accepted by the parties concerned. The
acceptance shall be in writing and signed by the parties
concerned and the appropriate authorities. The local
social welfare and development officer shall supervise
the implementation of the diversion program. The
diversion proceedings shall be completed within forty-
five (45) days. The period of prescription of the offense
shall be suspended until the completion of the diversion
proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent
authorities that imposed the diversion program at least
once a month for reporting and evaluation of the
effectiveness of the program.
Failure to comply with the terms and conditions of the
contract of diversion, as certified by the local social
welfare and development officer, shall give the
offended party the option to institute the appropriate
legal action.
The period of prescription of the offense shall be
suspended during the effectivity of the diversion
program, but not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No
Diversion. - If the offense does not fall under Section
23(a) and (b), or if the child, his/her parents or guardian
does not consent to a diversion, the Punong Barangay
handling the case shall, within three (3) days from
determination of the absence of jurisdiction over the
case or termination of the diversion proceedings, as the
case may be, forward the records of the case of the
child to the law enforcement officer, prosecutor or the
appropriate court, as the case may be. 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.
SEC. 28. Duty of the Law Enforcement Officer When
There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her
parents or guardian does not consent to a diversion, the
Women and Children Protection Desk of the PNP, or
other law enforcement officer handling the case of the
child under custody, to the prosecutor or judge
concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not
the child should remain under custody and
correspondingly charged in court. The document
transmitting said records shall display the word "CHILD"
in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In
determining whether diversion is appropriate and
desirable, the following factors shall be taken into
consideration:
(a) The nature and circumstances of the offense
charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity,
intelligence, etc.);
(d) The influence of the family and environment on the
growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In
formulating a diversion program, the individual
characteristics and the peculiar circumstances of the
child in conflict with the law shall be used to formulate
an individualized treatment.
The following factors shall be considered in formulating
a diversion program for the child:
(a) The child's feelings of remorse for the offense
he/she committed;
(b) The parents' or legal guardians' ability to guide and
supervise the child;
(c) The victim's view about the propriety of the
measures to be imposed; and
(d) The availability of community-based programs for
rehabilitation and reintegration of the child.
SEC. 31. Kinds of Diversion Programs. - The diversion
program shall include adequate socio-cultural and
psychological responses and services for the child.
At the different stages where diversion may be resorted
to, the following diversion programs may be agreed
upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and
the child's family; (7)Attendance in trainings, seminars
and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with
situations which can lead to repetition of the offense;
(8) Participation in available community-based
programs, including community service; or
(9) Participation in education, vocation and life skills
programs.
(b) At the level of the law enforcement officer and the
prosecutor:
(1) Diversion programs specified under paragraphs
(a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or
instruments of the crime;
(c) At the level of the appropriate court:
conflict with the law who are awaiting court disposition
of their cases or transfer to other agencies or
jurisdiction.
Sections 27 and 28; and (c) when considering the
assessment and recommendation of the social worker,
the prosecutor determines that diversion is not
appropriate for the child in conflict with the law.

(1) Diversion programs specified under

paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
"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.

(5) Institutional care and custody.
SEC. 32. Duty of the Prosecutor's Office. - There shall be
a specially trained prosecutor to conduct inquest,
preliminary investigation and prosecution of cases
involving a child in conflict with the law. 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.
"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. The
information must allege that the child acted with
discernment."

Section 8. Section 33 of Republic Act No. 9344 is hereby

amended to read as follows:

CHAPTER VI PROFESSIONAL ETHICAL STANDARDS

"SEC. 33. Preliminary Investigation and Filing of

Information. – The prosecutor shall conduct a
FOUNDATIONS OF POLICE ETHICS
preliminary investigation in the following instances: (a)
when the child in conflict with the law does not qualify Understanding Ethics
for diversion; (b) when the child, his/her parents or
Ethic - philosophy of morals or the standard character
guardian does not agree to diversion as specified in
set up by any race or nation
R.A. 9344(s) "Youth Detention Home" refers to a 24-
Ethics - study and philosophy of human conduct,
hour child-caring institution managed by accredited
emphasizing the determination of right and wrong or to
local government units (LGUs) and licensed and/or
the basic principles of right action
accredited nongovernment organizations (NGOs)
providing short-term residential care for children in
• the study and analysis of what constitutes good or
bad conduct
Etymology
• Latin ethicus or Greek ethikos and ethos which mean
character
Character
• French caractère, Latin character, and Greek charaktêr
– all referring to a stamp or mark.
Moral from Latin moralis or moris: custom or manners.
• Today, it is synonymous to; dutiful, ethical, excellent,
faithful, good, honest, honorable, incorruptible, just,
pious, religious, right, righteous, true, upright, virtuous,
and worthy.
• Ethical - condition in accordance with right principles,
as defined by a given system of ethics or professional
conduct.
Origin of Ethics
• Ethics emphasizes holy, upright, righteous, and moral
living
• God has all these attributes is the origin and author of
all good deeds – that is God who is mentioned in the
Holy Bible. God is the only one perfect, righteous, holy,
and moral.
DEFINITION OF TERMS
1. Crime- act committed or omitted in violation of law
forbidding or commanding it
2. Dishonesty - concealment or distortion of truth in a
manner of a fact relevant to one’s office or connected
with the performance of his duties
3. Disloyalty to the Government - abandonment or
renunciation of one’s loyalty to the Government of the
Philippines, or advocating the overthrow of the
government.
4. Ethical Standard – set of conducts and behavior
governing a group, a class, or organization
5. Gift - thing or right disposed gratuitously, or any act
of liberality in favor of another who accepts it, and shall
include a simulated sale or ostensibly onerous
disposition thereof.
6. Incompetency - manifest lack of adequate ability and
fitness for the satisfactory performance of police duties,
physical and intellectual quality
7. Malfeasance - performance of some act which ought
not to be done either through ignorance, inattention or
malice, of that which the officer had no legal right to do
at all, as when he acts without any authority
whatsoever, or exceeds, ignores, or abuses his powers.
8. Misconduct – premeditated, obstinate or intentional
purpose transgression of some established and definite
rule of action, where no discretion is left except what
necessity may demand
9. Misfeasance or Irregularities in the Performance of a
Duty - improper performance of some act which might
lawfully be done or performance of lawful act in an
unlawful or culpably negligent manner
10. Morals and morality - judged as good conduct; also
describes someone who has the capacity to make value
judgments and discern from wrong
11. Moonlighting - pursuing any occupation, or
engaging in any business, which is inconsistent or
incompatible with the PNP duties or functions.
12. Nonfeasance or Neglect of Duty - omission of some
act, which out to be performed; refusal without
sufficient excuse, to perform an act or duty, which as a
peace officer’s legal obligation to perform.
13. Oppression - Imports an act of cruelty, severity,
unlawful execution, or excessive use of authority.
14. Police Customs and Social Decorum - set of norms
and standards practiced by members during social and
other functions.
15. Police Ethics - the practical science that treats the
principle of human morality and duty as applied to law
enforcement.
16. Professional Conduct – set behavioral standard
governing a particular profession o
17. Public official - elective and appointive officials and
employees, permanent or temporary, whether career
or non-career service, including military and police
personnel, whether receiving compensation or not,
regardless of amount
18. Public Officer - any person holding any public
employment by virtue of an appointment, election or
contract, and any person holding any office, by
appointment or contract in any state-owned or
controlled corporation
19. Violation of Law - Presupposes conviction in court of
any crime or offence penalized under RPC or any special
law or ordinances.
PRINCIPLES OF PUBLIC SERVICE ETHICS
1. Public Service - treat their office as a public trust,
using power and resources for public interest, not to
attain personal benefit or private interest incompatible
with the public good.
2. Objective Judgment - independent objective
judgment in performing their duties, deciding all
matters on the merits.
3. Accountability - government is conducted openly,
efficiently, equitable and honorably that permits the
citizenry to make judgment and hold government
officials accountable.
4. Democratic Leadership - respect the principles of
representative democracy and set a positive example of
good citizenship by scrupulously observing the letter
and spirit of laws and rules.
5. Respectability - safeguard public confidence and
integrity of government by being honest, fair, caring
and respectful and by avoiding conduct creating the
appearance of impropriety or which is otherwise
unbefitting a public official.
RELATED LAWS
R.A. 6713 - An act establishing a Code of Conduct and
Ethical Standards for Public Officials and Employees.
R.A. 3019 as amended- Anti Graft and Corrupt Practices
Act
R.A. 7080 - An Act Defining and Penalizing the Crime of
Plunder
P.D. 46 - Making it punishable for public officials and
employees to receive, and for private persons to give
gifts on any occasions, including Christmas.
ETHICS IN THE POLICE (PNP)
• Ethics – most important to the police
• Reason - nature of job of police officers which is law
enforcement
• Enforcement of the law makes one susceptible to
corruption, bribery, etc.
CANONS OF POLICE ETHICS
1. Primordial Police Responsibility
2. Limitation of Police Authority
3. Knowledge of the Law and other Responsibility
4. Use of proper Means to Obtain Proper Ends
5. Cooperation with Public Officials
6. Proper Conduct and Behavior
7. Conduct towards the Community
8. Conduct in Arresting Law Violator
9. Firmness in Refusing Gifts or Favors
10. Impartial Presentation of Evidence
PROFESSIONAL POLICE PRINCIPLES
1. Prevention of Crime and Disorder - basic mission
police existence as an alternative to the repression of
crime and disorder by police force and severity of legal
punishment.
2. Cooperation of the Community - secure the willing
cooperation and the voluntary observance of the law.
3. Unreasonable Force Reduce Community Cooperation
- use only force in the discharge of duty as in reasonable
in all circumstances.
4. Use of Reasonable Force When Persuasion Is Not
Sufficient
5. Impartial Enforcement of Laws - without regard to
the justice and injustice of the substance particular
laws.
6. The Community Are The Police - affirms historic
tradition that the police are the community and the
community is the police.
7. Police Should Not Usurp Judicial Powers - never • Flag Raising Ceremony
averaging individuals of the state of authoritative
• Flag Retreat Ceremony
judging guilt of punishing the guilt.
• Half-Mast
8. Reduction of Crime and Disorder - test of police
efficiency • Funeral Service and Honors
9. Rule of Enforcement Impartially Observed - consider • Ceremony Tendered to Retiree
the safety and security of who might be caught in the
crossfire or arm encounters.

10. Police Discretion - principle of reasonableness • Honor Ceremony

guides the officers considering all surrounding • Turn-Over Ceremony
circumstances whether any legal action shall be taken.
• Wedding Ceremony
CUSTOMS AND TRADITIONS
• Anniversary
Customs - Established usage or social practices carried
by tradition that has obtained the force of law. Police Customs on Social Decorum

Traditions - Bodies of belief, stories, customs and usage Proper Attire - appropriate and proper in conformity
handed down from generation to generation with the with the occasion.
effect of an unwritten law. Table Manners – observance of table etiquette
Courtesy - A manifestation or expression of Social Graces – conduct properly during social functions.
consideration and respect for others.
Uniform/ Appearance
Ceremony - A formal act or set of formal acts
established by customs or authority as proper to special Wearing of prescribed uniform.
occasion.
Wearing as part of the uniform, awards and decorations
Social Decorum - A set of norms and standards earned. Adherence to prescribed haircut.
practiced by members during socials and other
Walk with pride and dignity.
functions.
Other Police Customs
Police Customs on Courtesy
• Visiting the Sick
• Salute
• Survivor Assistance to Heirs of Deceased members
• Salute to National Color and Standard
• Visiting the religious Leaders
• Address/ Title – Using “Sir”
• Athletics
• Courtesy Calls
• Happy Hours
• Courtesy Call on Newly Assigned/ Promoted/
Appointed member Traditions

• Christmas Call • Spiritual beliefs

• New Year’s Call • Valor

• Promotion Call • Patriotism

• Exit Call • Discipline

• Courtesy of the host • Gentlemanliness

• Rank has its own Privilege (RHIP) • Word of Honor

• Duty 10. Propaganda - the planned use of Public or mass
communication for public purpose.
• Loyalty
THE CONCEPT OF PCR

“Doing good” - delivery of the necessary police service

POLICE COMMUNITY RELATIONS
to the community.
Community relation is like a three-legged stool.
“Telling the people about it” - proper projection of the
One leg is public relations. Another leg is community command before the public
service.
THE MAJOR STRUCTURE COMPONENTS OF P.C.R
The third leg is community participation.
1. Police Information and Education

a. Community Information – about law enforcement

DEFINITION OF TERMS
b. Institutional Information – about the PNP
1. Barangay - the basic political unit of the Filipino
2. Police Community Affairs
nation that implements the policies of the national and
local governments. 3. Community Assistance and Development

2. Community - Refers to the civilian populace in cities,

municipalities or Public in general, and shall use
4. Community Inter-Relations
interchangeably with public, citizenry, society, or
private sector. 5. Community Organization and Mobilization
3. Human Relations - Consists of those fundamental TYPES OF PCR
precepts, both moral and legal, which govern the
relationships of men in all aspects of life. 1. Public Information Program - bridge any
communication gap
4. Mass Media - implies the use of radio, television and
emotion pictures in transmitting information to the 2. Public Relation Program - maintain harmony and
public. mutual support

5. Police - a group of persons established, maintained 3. Civic Action Program – maintain and encourage
and organized for keeping order, safety, protection of community development.
lives and properties and for prevention and detection of 4. Psychological Program – condition both friendly and
crimes. hostile public
6. Police Community Relation (PCR) - 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.

7. Police Ideal - the expected essence of perfection, Teach-in

sympathetic, courteous intelligent, honest, and in
control of his emotions and temper, at all times. The conductor:

8. Personal Media - implies the use of rallies, meetings,

speeches and house to house visits to the community.
Teach-in vs Live-in
9. Police Public Relations - The continuing process by
which endeavors are made to obtain the goodwill and
cooperation of the public for the effective enforcement
of the law and accomplishment of police purpose.
 Informational Bureaus - Information about such things
as renewal of drivers’ license, payment of utility bills,
availability of legal services and other items.

Informational Brochures - Provide the public with

booklets, pamphlets, and other types of publications,
which contain information of the community interest.

Police Ethics and Values with Police Community

Relations
Live-in

Audio-visual communications – it implies the use of

• looking for gravest personal problems of Individual or radio, television, motion pictures, slide, transparencies,
group and computers in transmitting information to the
public.
• will not stay in the House of the subject

• is not a long time resident of the community

Bill of rights - a list of individual liberties, freedom and
• will take several hours and as mush as possible extend rights which are guaranteed and protected under article
up to nighttime. iii of the 1987 philippine constitution.

The conductor: Bribery - the act of receiving gifts or presents or

• is looking for the urgent problem of the family accepting offers and or promises in exchange for
committing a crime that relates to the exercise of the
• will stay in the house of the subject office which the public officer discharges.
• must have a long time resident in the community

• will take at least two days depending upon the Camaraderie - the binding spirit that enhances
Evaluation. teamwork; sense of brotherhood.
PUBLIC RELATION

It is a program designed to make the public aware of Ceremony - a formal act or set of formal acts
what the agency is doing, why is it doing, and how it established by customs or authority as proper for
contributes to the welfare of the community. special occasions.
Foundation of Public Relations - GOLDENRULE: “Do not
do onto others what you do not want others unto you.”
Character - refers to the traits of a person shown
Informational Programs through his thoughts, actions, values and virtues.
New Arrivals - making some members of the
community feel at home in their news surroundings.
Church relations – consist of persons dealings in the
religious congregation or faith where he belongs.
religious affiliation is necessary for the stability of moral
Traffic Advisory Reports - Coordinate with the media
principles.
in announcing important traffic matters such as road
accidents, highway construction and traffic congestion.
Citizens relations –includes all dealings or contacts with
the citizens in relation to the enforcement of the law
and maintenance of pace and order together with the
giving information to the public on criminal and non-
criminal activities.
Civic action program – a program which makes the
policemen a friend and partner of the people for
progress as well as their defender.
Command - the authority a person lawfully exercises
over subordinates by virtue of rank or assignment or
position.
Commanded acts - are those which are done in relation
to the dictates of reason? they begin in the will but are
perfected by other faculties under the control of the
will. thus, when a student decided to work first with his
assignments before playing with his friends gets his
books and notebooks and works with his assignment is
an example of a commanded act.
Command responsibility - the doctrine that imposes
commensurate accountability to one who is vested with
authority to exercise management and/or leadership
functions
Commutative justice - regulates those actions that
involve the rights that exist between individuals.
Community relations – consist of a person’s dealings
with the citizens of the community, city or town where
a person lives, and his membership or contribution to
the civic organization or community associations in the
locality.
Complaints relations –includes a police officer’s dealing
with complaints, the techniques of interview, manner of
approach, and treatment of witnesses as well as
informers or assets.
Conscience – the practical judgment of reason telling us
what should be done and what should be avoided;
reflection is one’s character.
Corruption - an act done with an intent to give some
advantage inconsistent with official duty and the rights
of others.
Courtesy - a manifestation or expression of
consideration and respect
Courtesy call - when a police officer appears before a
superior officer as a sign of respect and in
acknowledgment of the latter’s authority or position
Culture – the set of values, conventions, or social
practices associated with a particular field, activity or
societal characteristics.
Customs - the whole body usages, practices, or
conventions that regulate social life (repeated practice)
Delicadeza -sense of pride and self-worth, police
officers must be able to sacrifice self-interest in the
name of duty and police officers must not do anything
that would bring dishonor to himself and to the pnp
organization itself
Devotion to duty - police officers must perform their
duties with dedication, thoroughness, efficiency,
enthusiasm, determination and manifest concern for
public welfare.
Discipline - police officers must act and behave
according to the rules and regulations of the
organization at all times.
Discipline - instinctive obedience to lawful orders and
spontaneous actions guided by ethical and legal norms

Dishonesty - concealment or distortion of truth in a
matter of fact relevant to one’s office or connected with
the performance of his duties
Distributive justice - regulates those actions that involve
the rights that an individual may claim from society
Disloyalty to the government - consists of abandonment
or renunciation of one’s loyalty to the government of
the Philippines, or advocating the overthrow of the
government.
Domestic relations – consist of persons dealing with his
family, parent and immediate relatives with who he has
to have good relationship to deserve a respectable
family prestige and community relations.
Duty – PNP members have exemplified themselves as
dedicated public servants
Endurance - the ability to last
Ends- goals; objectives
Ethics - based on its etymological meaning is taken to
mean as a philosophical science that deals with the
morality of human conduct or human acts.
Ethical standards - refer to established and generally
accepted moral values and ethical acts.
Fortitude - firmness of mind; the courage to endure
without yielding; the virtue that gives a person strength
of the will; the virtue that incites courage.
Gentlemanliness - being upright in character, gentle in
manners, dignified in appearance and sincere in their
concern for others
Government - includes the national government, the
local governments, the government-owned and –
controlled corporations, and all other instrumentalities
or agencies of the republic of the philippines.
Government relations – consist of the dealings which a
person makes with the government and its various
instrumentalities. recognition of government authority,
its laws and ordinances, as well as other public
responsibilities, are significant phases of an individual’s
public relations.
Graft - the acquisition of gain or advantage by
dishonest, unfair or sordid means, especially through
the abuse of one’s position or influence in politics or
government
Human acts - actions that are done knowingly,
deliberately and freely.
Human acts - human acts are the material object of the
study of ethics. it shall mean only those acts which are
determined by the free will. it is characterized as acts
done deliberately, freely or voluntarily. acts which are
done by man but without the use of the power of free
choice are act of man. therefore, acts of man are not
human acts.
Human relations – consists of those fundamental
precepts, both moral and legal, which govern the
relationships of man in all aspects of life.
Human rights- rights pertaining to the rights of man;
rights inherent to man by virtue of being a human
being.
Humility - police officers must never forget that they are
public servants and not masters of the people
Inherent rights - rights attached to men as human.
Inalienable rights - rights that cannot be transferred
cannot be borrowed and cannot be taken away.
 Legal justice - regulates those actions which society may
justly require of the individual for the common good.
Incompetency- the manifest lack of adequate ability and
fitness for the satisfactory performance of police duties

Loyalty - police officers must be loyal to the constitution

and to the police service, as manifested by their loyalty
Informal get - together at the pnp club usually on friday,
to their superiors, peers and subordinates.
or any other day suitable for the occasion

Loyalty - commitment to PNP organization, to the

Integrity - police officers must not allow themselves to
country and to the people.
be victims of corruption and dishonest practices in
accordance with applicable laws.

Masscom program – it is designed to influence the

opinions, emotions, attitudes, and behavior of the
Integrated police advisory council – a council that
public so that they will behave in a manner beneficial to
involves local officials and the citizenry in the
the police service.
preservation of peace and order and the promotion of
public safety. Means - ways; manner

Misconduct or malfeasance - the doing, either through

ignorance, inattention or malice, of that which the
Intra-departmental relations – consist of peace officers
officer had no legal right to do at all, as where he acts
relations with the officers and men of his own
without any authority whatsoever, or exceeds, ignores,
department, his superiors, the station command as well
or abuses his powers
as the city/municipal mayor where he is assigned.

Misfeasance - the improper performance of some act

Inter-departmental relations – relations with other
which might lawfully be done
police agencies consist to the enforcement of the law
and maintenance of peace and order, together with the Morality - the quality which makes an act good or evil,
giving of information to the public on criminal and non- right or wrong.
criminal activities.

Morality - police officers must adhere to high standard

Judicial relations –consist of the peace officers duties of morality and decency and shall set good examples for
toward the courts when appearing as a witness and the others to follow
honesty in testimony.

Judicious - wise; proper

Neglect of duty or non-feasance - the omission or
refusal, without sufficient excuse, to perform an act or
duty, which it was the peace officer’s legal obligation to
Justice - the virtue that inclines the will to give to each
perform; it implies a duty as well as its breach and the
what is due to him; the virtue that inclines the will to
fact can never be found in the absence of duty.
respect the rights of others

Neighborhood relations – consist of a person’s dealing

Laws of society – written rules of behavior, laws created
with neighbors who constitute a vital link to good
by men to maintain harmony and order.
reputation in the community.

Non-partisanship - police officers must not be identified
with any particular political party or figure
Oppression - an act of cruelty, severity, unlawful
exaction, domination, or excessive use of authority
Orderliness - police officers must follow logical
procedures in accomplishing tasks to minimize waste of
time, money, effort and other resources
Patience - the ability to be calm in enduring situations.
Patriotism - love of one’s country
Perseverance - the ability to go on despite obstacles.
Perseverance - police officers must exert all efforts to
achieve their goal or mission even in the face of
difficulties and obstacles.
Personal media – it consist of face-to-face
communication which includes meetings, rallies,
speeches and house-to-house visits. this is the most
practical medium to use in the provinces. public rallies
maybe conducted by qualified pnp members where
they can speak on matters pertaining to the police that
the public should know.
Police ethics - a practical science that treats the
principles of human morality and duty as applied to law
enforcement.
Police lifestyle - police officers must live a simple, yet
credible and dignified life, free from greed, corruption
and exploitation.
Police community relations – it is the sum total of
dealings of the police with the people it serves and
whose goodwill and cooperation it craves for the
greatest possible efficiency in public service.
Police public relations – it is the continuing process by
which endeavors are made to obtain the goodwill and
cooperation of the public for effective enforcement of
the law and accomplishment of the police purposes.
Political patronage - police officers must never ask for
recommendations from public officials in matters
pertaining to promotion, assignment, awards and
others
Practical science - ethics is also a science for it is the
result of series of studies, a systematized body of data
reflected upon truth in relation to action. towards this
discovery of truth, sets of implied rules or directions for
thought or action are established this makes the ethics
more of a practical science.
Printed matters – it includes all information
disseminated and printed in graphic forms using words
of pictures which may take the form of leaflets, letters,
posters, banners, signs, pamphlets, magazines,
newspapers, books and objects.
Professional ethics - a sub-branch of special ethics, a set
of moral code to which every profession must
subscribe.
Propaganda – it is the planned use for the public or a
mass communication for a public purpose.
Proper attire - wearing of prescribed uniform, wearing,
as part of uniform, awards and decorations earned in
accordance with the prescribed rules and regulations
Prudence - the ability to make decisions by means of
reason and sound judgment.
Public information program – it is designed to bridge
any communication gap between the police and the
public. it is the basic ingredient in effective police Spiritual beliefs - PNP members are traditionally
community relations. religious and god-loving person

Public interest - for the good of the people or

community.
Social decorum - a set of norms and standards practiced
by police officers during social and other functions

Public officer - includes elective and appointive officials
and employees, permanent or temporary, whether in
the classified or unclassified or exempt service receiving
compensation, from the government.
Social norms – unwritten standard of acceptable
behavior in society.
Supreme rights - highest form of rights.

Temperance - the ability to moderate one’s instincts

Public relations – it is the act of bringing about better
and emotions; the virtue that regulates a person’s
understanding, confidence and acceptance for an
wants; also means self-control
individual or an organization.

Tradition –the handling down from generation to

Relations with accused persons –consist in the proper
generation of opinions and practices.
treatment of suspects the recognition of their
constitutional rights during custodial investigation and
the handling of accused persons during confinement.
Value - refer to anything that a person considers
important, such as ideas or experiences
Religion – a system of beliefs and practices based on Valor - courage or bravery
faith and truths revealed to man by god

Republic act 3019 – the anti-graft and corrupt practices

act
Republic act 6713 – code of conduct and ethical
standards for public officials and employees
Republic act 7080 – anti plunder act
Responsibility - the obligation to perform one’s duties
and functions and his accountability for his actions
Violation of law - presupposes conviction in court of any
crime or offense penalized under the revised penal code
or any special law or ordinance
o Virtue- the habit of doing what is good or right.
•
• Word of honor - commitment to one’s pledge or
promise.
•

Right - anything that is owed or due

Salute - the usual greeting rendered by uniformed

members in recognizing persons entitled to a salute

Special ethics - the study of the application of the

general principles of morality
CHAPTER VII HUMAN BEHAVIOR
Definition of Terms:
Behavior - any act of person which is observable; any
observable responses of a person to his environment;
manner of ones conduct.
Attitude - position of the body, as suggesting some
thought, feeling, or action; state of mind, behavior, or
conduct regarding some matter, as indicating opinion or
purpose; internal processes.
Human Behavior - the acts, attitudes and performances
of flesh and blood individuals according to their
environment; properly the subject matter of
psychology.
Psychology - the science that studies behavior and
mental processes.
Personality - that which distinguishes and characterizes
a person.
Character - the combination of qualities distinguishing
any person or class of persons; any distinctive trait or
mark, or such marks or traits collectively belonging to
any person, class or race.
Attributes or Characteristics of Behavior
1. Overt behavior – behaviors that are observable.
2. Covert behavior – those that are hidden from the
view of the observer.
3. Simple behavior – less number of neurons are
consumed in the process of behaving
4. Complex behavior – combination of simple behavior
5. Rational behavior - acting with sanity or with reasons
6. Irrational behavior – acting without reason/ unaware
7. Voluntary behavior – done with full volition of will.
8. Involuntary behavior – bodily processes that goes on
even when we are awake or asleep.
Aspects of Behaviors
1. Intellectual Aspect – way of thinking, reasoning,
solving problem, processing info and coping with the
environment.
2. Emotional Aspect – feelings, moods, temper, strong
motivational force with in the person.
3. Social Aspect – people interaction or relationship
with other people.
4. Moral Aspect – conscience, concept on what is good
or bad.
5. Psychosexual Aspect – being a man or a woman and
the expression of love.
6. Political Aspect – ideology towards
society/government.
7. Value/ Attitude – interest towards something, likes
and dislikes.
Three Levels of Behavior
1. The Vegetative - responsible for nurturing and
reproduction, mostly found in plants; in human beings,
for food and reproduction.
2. The Animal - movement and sensation, mostly the
use of the senses and sex drives.
3. The Rational/Psyche/Human - values and morals,
reasons and the will (purpose and freedom).
Three Faculties of Man
1. Will - the power of conscious deliberate actions; the
faculty by which the rational mind makes choice of its
ends of action, and directs energies in carrying out its
determinations.
2. Intellect - the faculty of power of perception or
thought; or power of understanding.
3. Soul - the rational, emotional, and volitional faculties
in man, conceived of as forming an entity distinct from,
often existing independently of his body; the emotional
faculty of man distinguished from intellect.
Instinct - innate (biological - unconscious); life (sexual
wishes)
Pleasure principle (libido) or love instinct (Eros); death
(aggressive and embarrassment)
Thanatos (death wish or love of death)
Libido - the instinctual craving of drive behind all human
activities, especially sexual, the repression of which
leads to neurosis.
Approaches in the study of Human Behavior
1. Neurological - emphasizes human actions in relation
to events taking place inside the body, especially the
brain and the nervous system.
2. Behavioral - focuses on those external activities of
the organism that can be observed and measured.
3. Cognitive - concerned with the way the brain
processes and transforms information in various ways.
4. Psychoanalytical - emphasizes unconscious motives
stemming from repressed sexual and aggressive
impulses in childhood.
5. Humanistic - focuses on the subject’s experience,
freedom of choice and motivation toward self-
actualization.
Assessing Human Behavior (Measures)
1. Descriptive Method (describing the behavior)
a. Naturalistic observation - observes the behavior in
the natural setting of the person’s background, e.g.
home, school, church, etc.
b. Systematic observation - making use of the adjective
check lists, e.g. skills rating (inventories and
questionnaires) test given by the guidance counsel.
2. Clinical Method - diagnose and treatment of serious
emotional or mental disorders or disturbances.
3. Experimental Method - relationship between
variables by way of experimental (laboratory).
Specimens are required for comparison and for
contrast.
4. Statistical Method - making use of researches that
were conducted; measures of central tendencies, mean,
median, mode tests; (the use of the Uniform Crime
Report (UCR))
The Two Basic Factors Affecting Behavior
A. Heredity/Biological Factors (nature) - are those that
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.
Or the pre-arranged patterns as a result of a process of
transmission of genetic characteristics from parents to
the offspring, includes the influences present in the
reproductive cells prior to the time of conception.
It influences all aspects of behavior, including
intellectual capabilities, reactions, tendencies and stress
tolerance. This will also explain the conditions that
genes, diseases, malnutrition, injuries and other
conditions that interfere with normal development are
potential causes of abnormal/criminal behavior.
It is the primary basis of the idea concerning criminal
behavior, the concept that “criminals are born” - Theory
of Atavism - born criminal.
It also considers the influences of genetic defects and
faulty genes, diseases, endocrine imbalances,
malnutrition and other physical deprivations that can be
carried out form one generation to another.
B. Environmental Factors (nurture) – refers to anything
around the person that influences his actions. Some
environmental factors are:
1. The family background 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.
2. The influences of childhood trauma, which affect the
feeling of security of a child undergoing development,
processes. The development processes are being
blocked sometimes by parental deprivation as a
consequence of parents

or luck of adequate maturing at home because of
parental rejection, overprotection, restrictiveness, over
permissiveness, and faulty discipline.
3. Pathogenic family structure – those families
associated with high frequency of problems such as:
a. The inadequate family – characterized by the inability
to cope with the ordinary problems of family living. It
lacks the resources, physical or psychological, for
meeting the demands of family satisfaction.
b. The anti-social family – those that espouses
unacceptable values as a result of the influence of
parents to their children.
c. The discordant/disturbed family – characterized by
unsatisfaction of one or both parent from the
relationship that may express feeling of frustration. This
is usually due to value differences as common sources
of conflict and dissatisfaction.
d. The disrupted family – characterized by
incompleteness whether as a result of death, divorce,
separation or some other circumstances.
4. Institutional influences such as: peer groups, mass
media, church and school, government institutions,
NGO’s, etc.
5. Socio-cultural factors such as war and violence, group
prejudice and discrimination, economic and
employment problems and other social changes.
6. Nutrition or the quality of food that a person intake is
also a factor that influence man to commit crime
because poverty is one of the many reasons to criminal
behavior.
Further, environment as factor affecting behavior
pertains to all conditions inside and outside of an
organism that is in any way influence behavior, growth,
development of life process.
1. Physical environment (external forces) - all things in
this world that affect man directly and stimulates the
sense organs; social environment are physical
influences steaming from outside contact with other
people.
• Primary Social Group
o Home
o neighborhood, etc.
• b. Broader Social Group
o School
o Church
o CJS
2. Internal Environment - the immediate environment
within which the genes exist and function.
• biological condition of the body
• exist in the intercellular and extracellular
o Note: Heredity and environment become so
inextricably joined in producing growth and
development, it becomes impossible to segregate the
influence of these two factors.
PERSONALITY - Totality of a person.
Sigmund Freud (Father of Psychoanalysis),
revolutionized the thinking of the profession on mental
illness, personality development or personality
disorders with his psychoanalytic theories. He
postulated that the mind consists roughly of three
overlapping divisions.
• The conscious is that part of the mind which is
immediately focused in awareness.
• The pre-conscious is that part of the mind which can
be recalled and brought to awareness at will.
• The unconscious is the reservoir of memories,
experience and emotions that can be recalled. They are
out of the individual’s awareness.
Three Components of Personality
• ID - the unconscious part of the personality which
serves as the reservoir of the primitive and biological
drives and urges. It is that part of the personality with
which we are born. ID is the animalistic self.
o Libido - pleasure principle; instinctual craving
especially sexually.
• Ego - the mediator between the ID and the superego.
o It refers to the developing awareness of self or the “I”.
It is also known as the integrator of the personality; the
part that interacts with the outside world, partly
conscious and partly unconscious. As the ego develops
the reality principle supersedes or operates in concert
with the pleasure principle in guiding the behavior. The
adaptive functions of the ego are the defenses against
anxiety.
• Superego - the socialized component of the
personality. It is the authoritative or parental direction
which becomes incorporated into the personality as the
censoring force or “conscience”. It begins primarily by
accepting early in life of the standards of the persons
who are most important to the child, and it is first
evident when the child feels within himself that his
behavior is right or wrong. If the ego contemplates
violation of the superego’s code, anxiety results; if the
person acts on the contemplated violation despite the
anxiety, guilt feelings result. a very strict superego
usually leads to the development of a rigid, compulsive,
unhappy person. A weak defective superego permits a
person to express hostile and anti-social striving
without anxiety or guilt.
OEDIPUS COMPLEX
Stage when young boys experience rivalry with their
father for their mother’s attention and affection. The
father is viewed as a sex rival. This conflict is resolved by
the boy’s repression of his feelings for his mother.
ELECTRA COMPLEX
The stage when a girl sees her mother as a rival for her
father’s attention but for fear for her mother is less.
Note: Both attachment to the mother and father, the
Electra complex is gradually replaced by a strengthened
identification with the mother.
KRESTSCHEMER (German Psychiatrist) - identified two
individual personality types:
1. Pyknic - they have broad head, long trunk, short legs,
narrow shoulders, broad hips and much flesh; with
violent emotions when carried to extreme manifest
depressive psychosis.
MANIC DEPRESSIVE REACTION
This disorder, also called an affective reaction, is
characterized by two phases: mania and depression.
The manic phase may be mild and bring elation and a
general stepping up of all kinds of activity. The patient
tends to talk endlessly and in an associative rather than
logical way. If the disorder is more severe, he may act
bizarrely; he may be a whirlwind of activity and become
so excited and agitated that he foregoes food and sleep
and ends in a state of total collapse.
In a mild depressive phase, the individual feels dull and
melancholy, his confidence begins to drain away, and he
becomes easily fatigued by daily routines. When the
depressive phase is more severe, the patient starts to
retreat from reality, gradually entering into a state of
withdrawal that is very much like a stupor. At this point,
he hardly moves or speaks. He may be unable to sleep.
Eventually, he begins to question his value as a human
being and is crushed by feelings of guilt. He may refuse
to eat. Symptoms may progress to point where an
attempt at suicide is a real possibility.
Stupor - the condition of the body in which the senses
and faculties are suspended or greatly dulled, as by
drugs or intoxicants.
He is easily irritated and angered and becomes abusive
whenever his desires are blocked....in which moods of
wild, energetic and grandiose (showy) elation are
succeeded by periods of profound depression and
inactivity....the most extreme manifestations are in the
manic phase, violence against others and in the
depressive, suicide....the current term is derived from
folic maniaco- melancholique (melancholic) - morbidly
gloomy; sad; dejected; suggesting or promoting
sadness; low spirit.
2. Asthenic - they have long head, short trunk, long legs,
narrow hips and shoulders and very little fat; they have
the tendency to develop seclusive personality patterns
that may result to dementia praecox or schizophrenia.
Sheldon - identified the somatotypes in relation to
personality:
1. Ectomorph - identified as fragile and thin.
2. Endomorph - identified as soft-rounded and fat.
3. Mesomorph - identified as medium-built.
Types of Human Needs:
Human needs arise out of a person’s biological or
psychological make up. They can be biological (biogenic)
needs which are the needs of the body which exist for
the maintenance of health and protection of the body
against physical injuries. These include the need for:
1. food – hunger: the body needs adequate supply of
nutrients to function efficiently. “An empty stomach
sometimes drives a person to steal.”
2. air – need of oxygen
3. water - thirst

4. rest – weary bodies needs this.

PSYCHOLOGY OF HUMAN ADJUSTMENT
5. sex – a powerful motivator but unlike food and
Most of man’s behavior can be traced to his attempts to water, sex is not vital for survival but essential to the
satisfy his needs. All of us have certain fundamental survival of the species.
needs that we seek to satisfy. These needs create
6. avoidance of pain – the need to avoid tissue damage
tensions in the human body. When we are able to
is essential to the survival of the organism. Pain will
satisfy these needs, the tensions disappear. Adjustment
activate behavior to reduce discomfort.
has been made
7. stimulus seeking curiosity – most people and animal
Adjustment - the satisfaction of a need. Three Elements
is motivated to explore the environment even when the
in the Adjustment Process
activity satisfies no bodily needs.
1. A need which arouses.

2. Purposive behavior, leading toward.

3. A goal which satisfies the needs.
NEEDS, DRIVES AND MOTIVATIONS
Drives are aroused state that results from some
biological needs. The aroused condition motivates the
person to remedy the need.
Needs are the triggering factor that drives or moves a
person to act. It is a psychological state of tissue
deprivation.
Motivation on the other hand refers to the causes and
“why’s” of behavior as required by a need.
They can also be psychological (psychogenic or
sociogenic) needs. These 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 the survival, unlike the biological
motives that focuses on basic needs – the primary
motives. Examples of these are:
1. love and affection
2. for security

Drive and motivation covers all of psychology, they 3. for growth and development and
energizes behavior and give its direction to man’s
4. recognition from other human beings.
action. For example, a motivated individual is engaged
in a more active, more vigorous, and more effective
that unmotivated one, thus a hungry person directs him
to look for food.
A.H. Maslow
Accordingly, there is a hierarchy of needs (Fig. 1)
ascending from the basic biological needs present at
birth to the more complex psychological needs that
become important only after the more basic needs have
been satisfied.
Figure 1
Maslow’s Hierarchy of Needs
Human needs however, cannot always be satisfied.
Obstacles and difficulties sometimes stand in the way
between the individual and his goal. These obstacles
may lie in the individual’s environment or they may be
in the individual himself.
Some of the reasons why some people fail to reach
their goal are:
1. Unrealistic goals - when the person’s level of
aspiration is much higher than his level of achievement,
he is bound to fail.
2. Harmful or Anti-social goal.
3. Conflicting goals.
4. Environmental difficulties, including force majeure.
FRUSTRATION, CONFLICT and ANXIETY
A. Frustration refers to the unpleasant feelings that
results from the blocking of motive satisfaction. It is a
form of stress, which results in tension. It is the feeling
that is experienced when something interferes with our
hopes, wishes, plans and expectations.
Frustration occurs when a person is blocked in the
satisfaction of his needs. A person faced with frustration
becomes anxious and restless, and he tries to seek
means of relieving these anxieties. He tries to engage in
various forms of activities that are intended to satisfy
his needs and reduce his tensions.
The common sources of frustration are:
2. Physical Obstacles – are physical barriers or
circumstances that prevent a person from doing his
plan or fulfilling his wishes.
3. Social Circumstances – are restrictions or
circumstances imposed by other people and the
customs and laws of social living.
4. Personal shortcoming – such as being handicapped by
diseases, deafness, paralysis, etc. which serves as a
barrier to the things one ought to do.
5. Conflicts between motives
Reactions to Frustrations - People differ in the way the
react to frustrations. An individual’s way of reacting to
frustrations is sometimes known as his coping
mechanism. Generally, people faced with frustration
react it in one of two ways:
1. by fighting the problem in a constructive and direct
way by breaking the obstacles barring him from his
goal, or by getting angry and become aggressive; and/or
2. by running away (flight) from the problem, by sulking,
retreating, becoming indifferent, and by giving up
without a fight.
These reactions to frustrations are sometimes called
fight-flight reactions.
Frustration-tolerance
Individuals also differ in their capacity to tolerate
unadjusted states, or frustration tolerance. Some
people are able to withstand prolonged periods of
tension without showing signs of abnormality. Others
become neurotic or psychotic, or convert their
frustrations into physical illness, while some act out
their frustrations by committing anti-social acts or
becoming alcoholics or drug addicts.
Most normal persons react to frustration in the
following ways:
1. direct approach
2. detour
3. substitution
4. withdrawal or retreat
5. developing feelings of inferiority
6. aggression
7. use of defense mechanism
Defense Mechanism
Defense mechanisms are the unconscious techniques
used to prevent a person’s self- image from being
damage. When stress becomes quite strong, an
individual strives to protect his self-esteem, avoiding
defeat. We all use ego defense
mechanism to protect us from anxiety and maintain our
feeling of personal worth. We consider them normal
adjusted reactions when they are used to excess and
threaten self-integrity.
Further, defense mechanisms are unconscious
psychological processes that act as safety valves to
provide relief from emotional conflict and anxiety. They
are forms of self-deception, which the person may not
be aware of, and are resorted to whenever
psychological equilibrium is threatened by severe
emotional injury arising from frustration.
Among the more common defense mechanisms are:
1. Denial of reality – protection of one self from
unpleasant reality by refusal to perceive or face it.
Simply by avoiding something that is unpleasant. Or in
denial, the ego shuts itself off from certain realities.
2. 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
on his thoughts.
3. Projection – placing blame for difficulties upon others
or attributing one’s own unethical desires to others in
an effort to prevent ourselves being blamed. A mother
may deny her hatred for the child is through projection.
That is the mother’s ego may pretend that the child
actually hates her. The mother thus projects her
unacceptable emotions onto the child.
4. Rationalization – the use of excuses an individual to
him and to others. Attempting to prove that one’s
behavior is justifiable and thus worthy of self and social
approval. It is also an elaborate justification for what
were obviously illogical or immature actions.
5. Reaction Formation – it occurs when someone tries
to prevent his submission to unacceptable impulses by
vigorously taking an opposite stand. Preventing
dangerous desires from being expressed by
exaggerating opposed attitudes and types of behavior
and using them as barriers. A step beyond denial is
reaction formation, in which the ego changes
unacceptable love into acceptable hate (or vice versa).
If a mother hates her child - a feeling she must deny
conscious awareness of - the mother may
6. Displacement – discharging pent-up emotion on
objects less dangerous than those that initially aroused
the emotion.
7. Emotional Insulation - withdrawal into passivity to
protect self from hurt.
8. Isolation/Intellectualization – serves to cut off the
emotions from a situation which is normally is full of
feeling.
9. Regression – revert from a past behavior or
retreating to earlier developmental level involving less
mature responses and usually a lower level of
aspiration. Example is falling back to childish behavior
patterns; some respond to stress by overeating or by
drinking too much.
10. Sublimation – a process by which instinctual drives,
consciously unacceptable, are diverted into personally
and socially accepted channels. Example is gratification
of frustrated sexual desires in substitutive men sexual
activities.
11. Identification – increasing feeling of worth by
identifying self with person or institution. The person
can associate himself with something or someone to
elevate position. Or it is a process whereby an individual
without conscious awareness, satisfied frustrated
desires by psychologically assuming the role or some of
the traits of another person.
12. Introjection – incorporating external values and
standards into ego structures so individual is not at their
mercy as external threats. The acceptance of others’
values even they are contrary to one’s own assumption.
13. Undoing – Apologizing for wrongs, repentance,
doing penance and undergoing punishment to negate a
disapproved act.
14. Sympathism – striving to gain sympathy from could be intense; it could be low and can be a
others. The person seeks to be praised by relating faults motivating force.
or problem.

15. Acting-out – reduction of the anxiety aroused by

forbidden desires by permitting their expression. The
individual deals with all his impulses by expressing
them.

16. Substitution (displacement) - a process by which an

unattainable or unacceptable goal, emotion or object is
replaced by one that is more attainable or acceptable.

17. Repression - the ego blocks off threatening thoughts

or desires and thus keeps them from sweeping into the
spotlight of consciousness.
CHAPTER VIII CRISIS MANAGEMENT

B. 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.
Types of Conflicts
1. Double Approach Conflict – a person is motivated to
engage in two desirable activities that can not be
pursued simultaneously.
Definition of Crisis Management
It is the expert handling of crisis or emergency so as to
reduce or eliminate danger or damage, or the likes,
especially on the part of the government.
Objectives of Crisis Management
1. Resolve without further incident.
2. Safety of all the participants.

2. Double Avoidance Conflict - a person faces two 3. Apprehension of all the perpetrators.
undesirable situations in which the avoidance of one is
4. Accomplished the task within the framework of
the exposure to the other resulting to an intense
current community standards.
emotion.

3. Approach-Avoidance Conflict – a person faces a

situation having both a desirable and undesirable
feature. It is sometimes called “dilemma”, because
CRISIS MANAGEMENT
some negative and some positive features must be
accepted regardless of which course of action is chosen. Crisis is a state provoked when a process faces
obstacle/hazard to important life goals that is far a time
4. Multiple Approach- Avoidance Conflict – a situation in
insurmountable through the utilization of customary
which a choice must be made between two or more
method of problem solving. It comes from the Greek
alternatives each of which has both positive and
word “crisis” which means to separate. Webster
negative features. It is the most difficult to resolve
describes it as an unstable or crucial time or state of
because the features of each portion are often difficult
affairs in which a decisive change is impending; a
to compare.
situation that has reached critical phase.

In short it is defined as a dangerous or critical moment

C. Anxiety is an intangible feeling that seems to evade of development.
any effort to resolve it. It is also called neurotic fear. It
• a period of disorganization.
• period of upset during which may different abortive
attempts at solution are made.
Emergency on the other hand, is defined as sudden
condition or state of affairs calling for immediate action.
There are two types of crisis and emergency that is:
natural and manmade.
1. Man Made Crisis
Civil Disturbance Revolt
Revolution War
Kidnapping Hijacking
Hostage-Taking Terrorist Activities
2. Natural Crisis
Fire Marine/Air Disasters
Structural Collapse Hazardous Spills
Utilities Failure (Power, Water, Tel.) Nuclear Accidents
Food Scarcity/Famine Flood
Crisis management of intervention – assistance or help
extended to the individual with the problem. He is
helped to clarify source of this problem. The resource
which may be available for him within himself and the
environment and decision to solve problems becomes
his responsibility.
TYPES OF CRISIS
1. Individual crisis
2. Economic or financial crisis – when a person is
deprived of the basic necessities of life, foods, material
things and opportunities for comfort and survival.
3. Emotional crisis - emotion which can be defined as a
state of arousal something expressed, accompanied by
physiological changes in the body a motivating force
and ranges from pleasant to unpleasant to feelings is
the source of the hardest kind of individual crisis.
4. Social crisis – lack of interest, confidence and social
skills to relate meaningfully, harmoniously and fruitfully
with others.
5. Moral crisis – irrational or distorted concept of what
is right or wrong good or bad. Underdeveloped
conscience and lack of moral values and integrity as a
person
The crisis theory
Definition of crisis – it is provoked when a person faces
an obstacle (hazard) to important life goals that is for a
time insurmountable through the utilization of
customary methods of problem-solving (coping).
Basic concepts of the crisis theory -
1. Equilibrium - state of balance or adjustment between
opposite or divergent influences.
2. Time – involves the period of disorganization, period
of upset and the period of adaptation.
3. Change – the result of crisis on the individual.
Crisis process
Crisis model – defines crisis as the disturbance of an
existing equilibrium as a result of rapidly occurring
significant changes in forces affecting that equilibrium.
Model: involves an individual psychological process in
balance with social, physical and psychological
environment.
Levels of intervention
1. General support – person without formal
psychotherapeutic training
- Intervener might be a family member, friend, nurse,
clergyman and gives warmth and supportiveness.
2. Environmental change – intervener removes the
hazard that resulted in the individual state of crisis.
3. Genetic treatment – the intervention practitioner
working on this level required to have a thorough
knowledge of various kinds of crisis and the kinds of
approaches typically effective in resolving them.
- Requires knowledge of each model crisis that the
intervention practitioner.
4. Individually tailored treatment
• carried out only by mental health professionals
• required to have an understanding of the genesis of
psychopathologic processes, training in personality,
theorem and a thorough comprehension of
psychodynamics.
Crisis Management Model (PNP Manual)
It basically involves two phases:
A. Pro-active Phase- designed to predict or prevent the
probability of occurrence of crises at the same time
prepare to handle them when they occur.
The Proactive phase is further divided into different
stage. These are
a. Prediction
i. Foretelling the likelihood of crisis,
ii. through-
1. Continuous assessment of all possible threats and
threat groups.
2. Analysis of developing or reported events and
incidents.
3. Updated inputs from intelligence reports
b. Prevention
i. Institution of passive and active security measures
ii. Remedy or solution of destabilizing factors or security
flaws to such crisis or emergency
iii. Vigilance and alertness to signs or manifestations of
developing crisis or emergency
iv. Establishment of alert systems
c. Preparation
i. Planning, organizing, training and stockpiling of
equipment, supplies needed
ii. Simulated drills at unspecified days
B. Reactive Phase – designed to address the situation or
crisis. These incudes:
a. INITIAL ACTION
• Monitoring the progress of the incident
• Securing the scene
• Protecting itself
• Establishing perimeter security
• Evacuating innocent civilians
• Preventing escape of perpetrators
b. ACTION
i. It begins as soon as the On-Scene Command Post
(OSCP) is established and the Tactical Intervention,
Service Support Units, Negotiation Team and Public
Affairs personnel arrive and are deployed
c. Post Action
i. Begins as soon as the perpetrators surrender, or when
they are captured or neutralized and the crisis situation
is deemed clear
ii. Restore normalcy and bring responsible to court
GENERAL TASKING AS A MATTER OF POLICY
1. POC - PEACE AND ORDER COUNCIL
• Organizational body that shall primarily act on crises
that arise out of man-made emergencies
• Addresses various aspects of national security
particularly those affecting peace and order.
• – Concerned with the formulation of crisis
management procedures, integration and orchestration
of government, military/police and public efforts
towards the prevention and control of crisis incidents.
2. NCCAS(National Commission on CIVIL AVIATION
SECURITY)
• Acts on crises resulting from aircraft hijacking,
disturbances in the civil aviation, or terrorism that has
national significance.
3. NDCC (National Disaster Coordinating Committee)
o Acts on crises that occur as a result of natural
disasters or calamities.
SPECIAL ACTION UNITS CAPABLE OF HANDLING CRISIS
SITUATIONS
a. PNP Aviation Security Group (ASG)
b. PNP Special Action Force (SAF)
c. PNP Maritime Group (MG)
d. PN Special Warfare Group (PN SWG)
e. PA Special Action Group, SF
f. PAF Special Operations Wing
POLICY
• Coordinated and Calculated Response Against
Terrorism
• Terrorism Considered a Criminal Act
• Lawful Means and Peaceful Resolution of Crisis
• Graduated Armed Response
• No Compromise with Terrorists
• Respect for Human Rights
• Handling of Crisis at the Lowest Levels Possible
MANAGING HOSTAGE SITUATION
A hostage situation is a set of circumstances wherein a
suspected law violator is holding a person captive with
the use of force and threat of violence while the police
are in close contact with the suspect and his captive.
Differences between Hostage- Taking and Kidnapping
The difference between hostage – taking and
kidnapping are:
1. The police are not aware of the captive’s location
2. The police are not in close contact with the
perpetrators
3. The police cannot exert any pressure on the suspects
Motives in Hostage- Taking
1. In political terrorism, reasons include showing the
public that the government is unable to protect its own
citizens.
2. Hostage-taking guarantees immediate media
coverage, and after repeated hostage incidents, it is the
hope of the terrorist that the government might
overreact and become excessively restrictive with its
own citizens, thus causing civil discontent and a
grassroots movement to overthrow the government
3. Law enforcement officers will most likely encounter
hostage incidents that involve either criminals or the
mentally-disturbed
a. If the hostages are taken in a criminal situation, it is
usually because the criminal is unable to complete the
crime and escapes before the police responds thus
making hostage-taking a spontaneous event
b. The criminal’s primary reason for taking hostages is
to ensure his own safety
c. The demands are invariably for safe passage and a
means of escape in return for the hostages lives
d. It is also very common for hostage-takers to demand
ransom
4. A husband or wife may take a child hostage in
custody battles
5. A mentally-disturbed person may take hostages in
order to right what he believes to be wrong
Five Categories of Hostage-Takers
1. Persons in Crisis - are people who take hostages
during a period of prolonged frustration, despair and
problems
2. Psychotics - are mentally-ill people who take
hostages during a period of psychiatric disturbance
3. Common Criminals - are people who take hostages b. He is the most dangerous because the law, in his
for personal, rather than ideological reasons mind has no legal basis

4. Prisoners - are people who take hostages because of
dissatisfaction and discontent regarding their living
conditions in prison
5. Political Terrorist - are ideologically-inspired
individuals or groups of people who take hostages
because of political and ideological beliefs.
c. This mental orientation only sees misdirected social
justice
d. This type will rationalized deviance in terms of
revolutionary zeal often parlayed by feelings of
inadequacy

Mind Barriers in Dealing with Hostage-Takers

Three Generic Categories of Hostage-Takers

1. The Common Criminal

Characteristics of the Common Criminal:

1. Law enforcers will have to discover the hostage-
a. The common criminals will generally concede to taker’s intentions
police negotiations if there is no way out and hostages
2. The demands and needs of the hostage-taker must
will generally be unharmed
be determined
b. This type is classified as a rational creative thinker, is
3. “Negotiation” means to talk. Stalling and talking may
able to reason, and can discriminate on how much force
actually help
is to be used against him
4. In most cases time has been found to be an ally
2. The Psycho
because of the following reasons
Characteristics of Psycho:
a. The more time elapses, the more time the hostage-
a. This person is unpredictable and may resort to taker will have to think about his predicament
violence depending on his mood
b. With little persuasion, the hostage-taker may feel
b. The enforcement officer should try to gain as much downright uncomfortable
information as possible concerning motives, past
c. Time reduces anxiety for as long as overt acts are
history, medical and arrest records, etc..
committed

d. The hostage-taker can be starved out and sleep will

c. This type of person is generally described as full of eventually catch up on him
inner conflict and frustrations which are transferred to
e. The hostages might even take advantage of such
his immediate reality, distorted to suit his own illusions
lapses and may attempt to escape on their own
d. Bringing a priest, wife or a sweetheart may plunge
Reasons Why Common Criminals Take Hostages
the psycho right back into the environment from which
he is desperately seeking refuge and the reaction may Criminals have three common demands
result to killing the hostages and himself

3. The Fanatic
1. Escape
Characteristic of Fanatic:
2. Money
a. This category includes the one who falls on the
extreme side of violence 3. Transportation
Reasons Why Political Terrorists Take Hostages
1. Politically-motivated terrorist take hostages with the
intent of getting as much publicity as possible for their
cause
2. The demands will normally go beyond the authority
of the local police and may require the involvement of
the national government
3. The likelihood of hostages being killed is very high
since the terrorists may be prepared to die as martyrs
Four Major Activities in Managing Hostage Situations
1. Planning consists of work to be performed in order to
predetermine a course of action. Planning to manage a
hostage situation involves
a. Forecasting
Anticipating conditions, problems and opportunities
that may be confronted during, and after, the incident
b. Establishing Objectives Determine desired result
c. Establishing Priorities
Creating a sequence of steps to be followed in reaching
the objective
d. Scheduling
Establishing action commitment
e. Allocating Resources
Identifying manpower and equipment required to reach
objectives and to effectively utilize available resources
f. Establishing Procedures
Standardizing ways of performing specified work.
g. Establishing Policy
Providing answers to important questions and problems
which are anticipated and which provide for action that
is in the interest of the police
2. Organizing - Organizing consist of work to be
performed in order to arrange and relate work so that it
can be accomplished effectively. Organizing work in
managing a hostage situation involves:
a. Structuring Work
Identifying and classifying work that needs to be
performed, and seeing to its proper implementation
b. Delegating
Entrusting responsibility and authority to others and
establishing accountability
c. Developing Relationship
Creating conditions necessary for mutually cooperative
effort and teamwork
3. Leading- consists of work to be performed in order to
stimulate people to take effective action. Leading work
in managing hostage situations involves:
a. Making Decisions- Arriving at conclusions and
judgments about results
b. Communicating- Creating understanding
c. MOTIVATING - Inspiring, encouraging and impelling
people to take required action
d. Selecting People -Choosing people with the
appropriate skills, attitudes and experience to perform
specific work
e. Developing People -Improving the knowledge,
attitudes and skills of people
4. Controlling- consist of work to be performed in order
to assess and regulate work in progress and which
needs to be finished. Controlling work in managing a
hostage situation involves:
a. Developing Performance Standards
Establishing criteria in order to differentiate between
acceptable and unacceptable performance
b. Measuring performance - Recording and reporting
work
c. Evaluating Performance - Appraising work and result
d. Correcting Performance - Regulating and improving
methods and results
CATEGORIES OF HOSTAGES
The hostages could be simple civilians, government
officials or military/personnel of various stages in life,
position or rank.
a. Criminals -are generally interested in money, escape
or personal safety.
b. Mentally - deranged individuals – takes hostages
because of something that may have provoked them.
They probably not engaged in planning whatsoever.
c. Terrorists - whether political or religious tend to be
dedicated to their cause and are willing to risk their
lives to ensure its success. They are generally part of an
organization which has objectives and expectations
which they feel obligated to meet.
PERSONALITY TYPES OF HOSTAGE-TAKERS
A. The most common disorders involved in hostage-
taking are psychotics and personality disorders.
1. Types of Psychotics
a. Paranoid Schizophrenics
- They are characterized by persistent false mental
perceptions or beliefs such as delusions of persecution.
Their thinking is often loose and makes no sense. They
can appear normal at some moments and psychotic at
other times.
b. Psychotic Depressives
- They experience extreme sadness, hopelessness,
feelings of inadequacy, worthlessness, slow thinking
and speech and indecisiveness. They have less
concentration and are prone to suicide.
2. Personality Disorders
a. Anti-social Personalities- They are repeatedly in
conflict with society, thus, are incapable of loyalty and
are selfish, callous and irresponsible. They feel no guilt
and have a low frustration tolerance. They tend to
blame others no matter what the circumstances are.
They are probably the most difficult personality type to
deal with.
b. Inadequate Personalities- They are unable to respond
effectively to emotional, social, intellectual and physical
demands. They show ineptness, poor judgment, social
instability and they lack physical and emotional stamina.
QUICK RECOGNITION POINTS
1. If a person’s behavior is weird, he is probably a
paranoid schizophrenic.
2. If his response is something like ‘” go away and leave
me alone”, he is probably a psychotic depressive.
3. If the demands are fairly realistic, he may be an
antisocial personality.
4. If he is totally unrealistic, the person is most likely an
inadequate personality.
TACTICS AGAINST HOSTAGE-TAKERS
1. ESTABLISH AND MAINTAIN COMMUNICATION
a. problem-solving climate- show desire to understand
b. climate of compromise- adopt give and take attitude
and by showing a willingness to bargain and yield when
necessary.
2. STALL FOR TIME
- reduce the stress environment
- allow for negotiations external to the conflict zone.
- Permit the implementation of active hostage rescue
efforts.
3. OBTAIN INFORMATION
- THE NEGOTIATOR CAN USE OPEN-ENDED OR CLOSE
ENDED questions
depending on the initial reactions of the hostage-takers.
- In restatement of content, the negotiator must repeat a. A Crisis Management Task Group shall be activated
in his own words what he thinks he has heard. immediately.

- In reflection of feeling the negotiator or must pay b. Incident scene shall be secured and isolated.
attention to what is said and how it was said.
c. Unauthorized persons shall not be allowed entry and
4. CALM THE HOSTAGE-TAKERS BY USING exit to the incident scene.

1. MODELING – the negotiator must talk and respond in d. Witnesses’ names, addresses, and other information
a calm and controlled manner using a very shall be recorded. Witness shall be directed to a safe
conversational tone. location.

Sec. 2 Ground Commander- there shall be only one a

ground commander in the area.
2. VENTILATION- Give the hostage-takers time to talk
without interrupting them. Sec. 3. Negotiator- he shall be designated by the
Ground Commander.
3. DISTRACTION- use this to draw the attention of the
hostage-takers away from whatever is bothering them. Sec. 4. Assault Team- An assault team shall be alerted
for deployment in case the negotiation fails. Members
4. ESTABLISH RAPPORT
of the team shall wear authorized and easily
5. USE PERSUASION- Deal with small issues first thus
creating as atmosphere of success.
recognizable uniform during the conduct of the
- Maintain non-threatening communications, both
operation. Bonnets shall not be used.
verbal and non-verbal.
Sec. 5. Assault Plan- The assault shall be planned to
- Agree with obvious reluctance to any demands that
ensure minimal threat to life for all parties.
might be to your tactical advantage. If the demands are
to be advantage of the hostage-takers or fall in the area Sec. 6 Support Personnel- An ambulance with medical
of non-negotiable items, stall for time and express crew and a fire truck shall be detailed at the incident
willingness to seek alternative solutions area.

- Be alert on the development of the Stockholm Sec. 7. Coordination- proper coordination with all
Syndrome. participating elements shall be detailed at the incident
area.

Sec. 8 Safety of Hostages- In negotiating for the release

The three aspects of this syndrome are:
of a hostage, the safety of the hostage shall always be
a. Positive- feeling of the hostages towards the hostage- paramount.
takers.
Sec. 9. Procedures to be followed during Negotiations
b. Negative feeling of the victims towards the
a. Stabilize and contain the situation.
authorities.
b. Select the right time to make contact with the
c. Positive feeling of the hostage-takers towards the
hostage-taker;
victims.
c. Take time when negotiating;

d. Allow hostage-taker to speak;

e. Don’t offer the hostage-taker anything. What he will

THE PNP OPERATIONAL PROCEDURES IN HOSTAGE
ask for will be part of the negotiation.
SITUATION
f. Avoid directing frequent attention to the victim when
Sec. 1 procedures to be followed in a Hostage Situation
talking to the hostage-taker;
g. Do not call them hostages. Be as honest as possible; a. The command group
avoid tricks; be sincere;
b. The operating group
h. Never dismiss any request from the hostage-taker as
• negotiating team
trivial or unimportant.
• investigation team
i. Never say “NO”;
• crowd control them
j. Soften the demands;
• intervention unit or assault force
k. Never set a deadline; try not to accept a deadline;
• traffic control elements
l. Do not make alternate suggestions not agreed upon in
the negotiation; • intelligence team
m. Do not introduce outsiders (non-law enforcement • search and recovery team
officers) into the negotiation process, unless their
presence is extremely necessary in the solution of the c. Administrative group
crisis; provided that they shall be properly advised on • media relation team
the do’s and don’ts of the hostage negotiations.
• catering services
n. Do not allow any exchange of hostages, unless
extremely necessary; in particular, do not exchange a • other admin support
negotiator for a hostage; d. Technical support group

• Communication team
o. Avoid negotiating face-to-face; and • EODT
p. Law enforcement officers without proper training • Medical Ambulance team
shall not be allowed to participate in hostage
negotiations. • Rescue and evaluation team

• special equipment team

PRINCIPLES, TECHNIQUES AND PROCEDURES IN
DEALING WITH HOSTAGE – TAKING INCIDENT
POLICE ORGANIZATION FOR COUNTERING HOSTAGE
TAKING
1. A police force must have an established contingency
plan or procedure to deal with the problem of hostage –
taking if it occurs within its jurisdiction, first of all, there
should be a pre-planned procedure on how the various
elements of the police force have to be organized on
the ground or at the scene of the incident. The ground
organization is an ad-hoc arrangement of police that is
immediately set up when a hostage taking incident take
place. Such arrangement is pre-planned to delineate
functions and responsibilities of responding police
elements, prevent confusion and successfully deal with
the problem. A suggested ground organization consists
of the following groups and elements.
2. The scale of size of the foregoing organization is
flexible and should be adapted to the magnitude of the
operations. The assembly procedure of the ad- hoc
organization should be subject to periodic field training
exercise (FTC) i.e., the contingency plan itself should be
rehearsed from time to time.
3. A small compact and special trained unit should be
also organized particularly in places (usually urban
areas) where hostage – taking and kidnapping that can
be called upon to assault the lair of the kidnappers or
hostage takers to rescue and liberate the hostage and
neutralized/capture the terrorist /criminal elements.
This unit is specially trained in such operations, and is
composed of well selected personnel who have
physical, emotional and psychological stability to
withstand and stressful conditions.
 • The negotiator primary tasks is to save the lives of the
hostage; he should be able to sole link of the offenders
E. POLICE TACTICS AND TECHNIQUES
with the outside world;
1. The principal factors that will influence police
• Each siege is different;
decisions are:
• The negotiator should gin time, whenever possible;
• number of offenders
• The hostage and the hostage-takers should be
• number of hostages
isolated;
• personality of the offenders
• The negotiator is part of the incident team:
• motivation of the offenders
• The negotiator should avoid exposure which might
• motivation of the offenders result in his becoming a hostage;

• equipment and implements of violence at the disposal • All negotiations must be recorded;
of the offenders.
• All negotiations must be conducted on the basis of
2. The decision to assault the lair of the hostage – takers referral to higher authority, thus, idly, the deciding
and free the victim is the responsibility of the ground authority should not be the negotiator himself;
commander, and the intervention unit commander. The
• No single negotiator should become the sole line of
decision to tactically intervene is usually given when
communication and to avoid this danger, negotiators
negotiation completely fails and it has become clear
should be employed a team.
that the terrorist are about to start harming or killing
the hostages or are started to do so. That is, the 4. The communications used by the offenders should be
government forces are left no other choice to ensure controlled by the police.
the safety of the hostages. However, when hostage –
5. The isolation of the immediate premises of the scene
taking has political color and/or international
of the hostage – taking is the first tactical consideration
complication and therefore, not simply a police
of the police, then followed by the control of
problem, the higher commander and those having
communication and the initiation of negotiation.
political authority are usually brought into the picture in
Isolation of the scene goes hand-in-hand with police
accordance with the demands of the situation.
control of communication with hostages.

3. In any hostage – taking incident, a priority

consideration is to establish controlled communication
links with the offenders, and negotiate for the safe f. INTELLIGENCE
release of the hostage. If possible, a police personnel
trained in the art of negotiation or has such skills is
assigned in this job. The principal objectives of the
negotiator are:
1. Police operation dealing with hostage taking situation
relies heavily upon the intelligence available. The
• To secure time and assist in intelligence gathering and inquiries being conducted by the detectives or
tactics for a successful armed assault: interrogators and the statements taken from the
witnesses and released hostages produced much
• To secure the release of as many hostages as possible, intelligence.
in the process.
2. Observation post should be established at a place
In relation to the “siege of the Iranian embassy in having a commanding view over the scene of hostage
London the following principal about negotiation has incident.
become clear, and is lesson learned there from:
3. The specific purposes of intelligence are:
• To assist in understanding what is taking place in the
building where the hostage are kept;
• To better conduct the police operation.
• To prepare for any form of armed action by the police;
• To assist negotiators in their prime task;
• To assist in forming negotiating ploys, or ideas;
• To provide an information weapons held by terrorist;
and,
• To assist in the event of armed intervention by the
assault team.
g. ACTIVITY AFTER INTERVENTION OPERATION
When the hostage incident is terminated by the assault
of the intervention unit, and hostages liberated, care
must be taken to prevent the perpetrators from mixing
with the hostage and affording to opportunity to
escape. Hence. Persons freed from a hostage incident
should be brought to an exclusion area and handcuffed
until their identities are established.
When the building or scene of the hostage – taking has
been cleared by the intervention unit, it is in fact a
crime scene cleared to be protected and processed for
every bit of items of evidentiary value. The scene must
be placed under investigator in charge, who become the
scene manager that directs search and recovery of
evidence. The search and the recovery team shall
normally include evidence technicians, evidence. The
search and the recovery team shall normally include
evidence technicians, evidence custodian/recorder.
EOD personnel and photographer. Their purpose is to
recover the death bodies remaining in the building, to
provide evidence in continuity in the conveyance of the
bodies from the building to the pathologist; to preserve
and to preserve and recorded details of any potential
exhibits could be material to any court proceedings, and
as a matter of records.
CHAPTER IX INSTITUTIONAL CORRECTION
CORRECTION APPROACH IN THE PHILIPPINES
INSTITUTIONAL – Rehabilitation of offenders in prison
or jail.
NON-INSTITUTIONAL (COMMUNITY-BASED)
It take place in the community that directly addressed
to the offender and aimed at helping him to become a
law abiding citizen.
Correction branch of CJS concerned with the custody,
supervision and rehabilitation of criminal offenders.
Penology branch of criminology which study
punishment for crime or criminal offenders. “Poena” ->
pain or sufferings
CORRECTIONAL ADMINISTRATION the study and
practice of a system of managing jails and prisons and
other institutions concerned with thecustody,
treatment and rehabilitation of criminal offenders.
PENAL MANAGEMENT
refers to the manner or practice of managing or
controlling places of confinement such as jails and
prisons.
2 RIVAL PRISON SYSTEM
• AUBURN SYSTEM – “congregate system”. The prisoner
are confined in their own cells during the night and
congregate work in shops during the day. Complete
silence was enforced.
• PENNSYLVANIA SYSTEM – “solitary system”. Prisoner
are confined in single cells during the night where they
lived, they slept, and they ate and receive

religious instructions. Complete silence was also
enforced. They are also required to read Bible.
• PANOPTICON PRISON -
• a prison design, allowed a centrally placed observer to
survey all the inmates, as prison wings radiated out
from this centralposition.
• John Howard
• The sheriff of Bedsfordshire in 1773 who devoted his
life and fortune to prison reform. After his findings on
English Prisons, he recommended the following: single
cells for sleeping, segregation of women, segregation of
youth, provision of sanitation facilities, abolition of fee
system by which jailers obtained money from prisoners.
“Greatest Prison Reformer
• Alexander Maconochie
• Supt. At Norfolk Island Penal Colony Australia.
• He introduced the so called “Mark Sytem”
• Evelyn Ruggles Brise – Director/ Founder of the
English Prison who opened the Borstal Institution for
Delinquent boys.
Zebulon Brockway
• Elmira Reformatory
• Forerunner of modern penology 1876
• Father of American Parole in the United States.
• Father of Prison Reform in the U.S.A.
Elmira Reformatory
• located in new York, was originally a prison opened
• to contain Confederate prisoners of war during the
Civil War.
• It became known as a “death camp” because of the
squalid conditions and high death rate in its few years
of operation.
• Established 1876.
Carpeta – otherwise known as “inmate record or jacket
,institutional record of the inmate consisting of
commitment order, prosecutor information and
decision of the court.
Prison Record – info concerning the inmates personal
circumstances, the offense he committed, sentence
imposed, criminal case #, date he commenced to serve
sentence etc.
Diversion – establishment of alternative to formal
justice system, such as deferred prosecution, resolution
of citizen dispute and others.
Mittimus A warrant issued by a court bearing it seal and
the signature of the judge, directing the jail or prison
authorities to receive inmate for service of sentence
impose therein
Commitment - (an order is an act of sending a person to
prison by means of such a warrant or order, a written
order of the court, or any other agency authorized by
law to issue, entrusting an inmate to a jail for the
purpose of safekeeping during the pendency of his/her
case.
Prison discipline – commonly thought as a procedure to
prevent escapes, riots, disorder and punishment of
those involved.
Prison Control - supervision of prisoner to ensure
punctual and orderly movement to and from the
dormitories, place of work, church, hospitals and
recreational facilities.
Furlough – authorization that permits inmate to leave
place of confinement for emergency reason.
Instrument of restraint – a device, tool or instrument
used to hold back, keep in, check, or control an inmate
such as handcuff, leg, irons and chains.
Prisonization – learning the prison culture thru
socialization
Proseletyzing – forcing of inmate to change his religion
Safekeeping – temporary custody of a person for his
own protection, safety or care and his security from
harm, injury or danger for the liability he has
committed.
Chateu D if – a fortress was built on rocky islet near the
French fort of Merseilles. In 1580, it was taken into use
as a state prison for those convicted of serious political
and religious crimes.
Maison De Force – (Belgium), the inmate are whipped
and had to adhere to the rule of silence.
Punishment is the redress that the state takes against
an offending member of society that usually involve
pain and suffering.
Penalty is the suffering inflicted by the state for the
violation of law
Banishment or Exile – the sending or putting away of an
offender which was carried out either by prohibition
against coming into a specified territory such as an
island to where the offender has been removed.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
• It takes custody of detainees accused before a court
who are temporarily confined in such jails while
undergoing investigation, waiting final judgment and
those who are serving sentence promulgated by the
court 3 years and below.
• Created on January 2, 1991 pursuant to Republic Act
6975
• The BJMP exercises administrative and operational
jurisdiction over all district, city and municipal jails.
• BJMP shall be respectively headed by a Chief
(Director)
• Assist by 2 Deputy Chief, one for administration and
one for operation (C/Supt)
APPOINTMENT OF UNIFORMED PERSONNEL TO THE
BJMP
RANK APPPOINTING AUTHORITY
JOI - SJO IV Regional Director
Jail Insp. - Jail Supt. Chief BJMP
Jail Sr. Supt DILG Sec.
Jail C/Supt - Jail Dir. President
JAIL WARDEN- person charged with the overall
operational and administrative control of jail.
Doctor of Medicine, members of the Philippine Bar
and chaplains shall be appointed to the rank of Jail
Senior Inspector in their particular technical service.
Graduate of the PNPA shall be automatically
appointed to the initial rank of Jail Inspector.
Jail - is a place of confinement for city and municipal
detainees/prisoners, any fugitive from justice, or person
detained awaiting or undergoing investigation or trial
and/or pending transfer to the National Penitentiary,
and/or violent, mentally ill person who endangers
him/herself or the safety of others, duly
certified as such by the proper medical or health officer,
pending transfer to a mental institution.
High Risk Inmates in BJMP Jails - are those considered
as highly dangerous or with high probability of escaping
or being rescued because of the gravity of the crimes
they are accused of or have a propensity for being
troublemakers or initiators of jail riots and disturbance
and who require a high degree of control and
supervision.
High Profile Inmates in BJMP Jails - are those who are
not necessarily charged with heinous crimes but are
prominent figures in society or public figures whose
cases have drawn public interest.
Infirmed Inmates - are those inmates who are physically
or mentally weak for a prolonged period of time
specifically caused by age or illness.
Conjugal Visitation
refers to the visit by the wife for a short period,
usually an hour, more or less, to her incarcerated
husband during which they are allowed privacy and are
generally understood to have sexual contact.
CLASSIFICATION - refers to assigning or to grouping of
inmates according to their respective penalty, gender,
age, nationality, health, criminal records, etc.
Inmate - is the generic term used to refer to a detainee
or prisoner.
CATEGORIES OF INMATES -The two (2) general
categories of inmates are:
a. Prisoner - inmate who is convicted by final judgment;
and
b. Detainee - inmate who is undergoing
investigation/trial or awaiting final judgment.
OFFENDER - refers to a person who is accused of
violating or transgressing laws and ordinances passed
by competent authorities in the Philippines
CLASSIFICATION OF PRISONERS –
The four (4) main classes of prisoners are:
a. Insular Prisoner - one who is sentenced to a prison
term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison
term of six (6) months and one (1) day to three (3)
years;
c. City Prisoner - one who is sentenced to a prison term
of one (1) day to three
(3) years; and
d. Municipal Prisoner - one who is sentenced to a prison
term of one (1) day to six (6) months.
CLASSIFICATION OF DETAINEES –
The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION -The following are
the classifications of inmates according to security risk
each may pose:
a. High Profile Inmate - those who require increased
security based on intense media coverage or public
concern as a result of their offense such as but not
limited to those who have been involved in a highly
controversial or sensationalized crime or those who
became prominent for being a politician, government
official, multi-million entrepreneur, religious or cause-
oriented group leader and movie or television
personality.
b. High Risk Inmate - those who are considered highly
dangerous and who require a greater degree of
security, control and supervision because of their
deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence
inside the jail. This includes those charged with heinous
crimes such as murder, kidnapping for ransom,
economic sabotage, syndicated or organized crimes,
etc. Also included are inmates with military or police
trainings or those whose life is in danger or under
imminent threat.
c. High Value Target (HVT) - a target, either a resource
or a person, who may either be an enemy combatant,
high ranking official or a civilian in danger of capture or
death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission
and which a commander requires for the successful
completion of the same.
d. Security Threat Group - any formal or informal
ongoing inmates’ group, gang, organization or
association consisting of three or more members falling
into one of the following basic categories: street gangs,
prison gangs, outlaw gangs, traditional organized crime,
aboriginal gangs, subversive groups and terrorist
organizations.
e. Subversive Group - a group of persons that adopts or
advocates subversive principles or policies tending to
overthrow or undermine an established government.
f. Terrorist Group - a group of persons that commits any
of the following: piracy and mutiny in the high seas or in
the Philippine waters, rebellion or insurrection, coup
d’état, murder, kidnapping and serious illegal detention,
crimes involving destruction, arson, hijacking, violation
of laws on toxic substances and hazardous and nuclear
waste control, violations of atomic energy regulations,
anti-piracy and anti-highway robbery, illegal and
unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms, ammunitions or
explosives.
g. Violent Extremist Offender (VEO) - a person whose
political or religious ideologies are considered far
outside the mainstream attitudes of the society or who
violates common moral standards and who has adopted
an increasingly extreme ideals and aspirations resorting
to the employment of violence in the furtherance of
his/her beliefs.
h. Medium Risk Inmates -those who represent a
moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they
might escape from and might commit violence inside
the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those
inmates who have lesser tendencies to commit offenses
and generally pose the least risk to public safety. In
most cases, they may be first time offenders and are
charged with light offenses.
Contraband - any article, item, or thing prohibited by
law and/or forbidden by jail rules that would pose as
security hazards or endanger the lives of inmates.
Illegal Contraband- are those that are unlawful in
themselves and not because of some extraneous
circumstances (i.e. dangerous drugs, weapons, potential
weapons, explosives).
CLASSIFICATION - refers to assigning or to grouping of
inmates according to their respective penalty, gender,
age, nationality, health, criminal records, etc.
INMATE can stay 30-60 days at ICCU
CLASSIFICATION BOARD - to be composed of the
following:
Chairperson - Assistant Warden Member - Chief,
Custodial/Security Office Member - Medical
Officer/Public Health Officer
Member - Jail Chaplain Member – Inmates Welfare and
Development Officer
DUTIES AND FUNCTIONS OF THE CLASSIFICATION
BOARD –
The Classification Board is tasked to conduct
background investigation of inmates to determine the
cell assignment, the appropriate rehabilitative program,
the type of supervision and degree of custody and
restrictions applicable to the inmate/s.
DISCIPLINARY BOARD - A disciplinary board shall be
organized and maintained for the purpose of hearing
disciplinary cases involving any inmate who violates jail
rules and regulations.
It shall be composed of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office Member -
Medical Officer/Public Health Officer Member - Jail
Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative If the above
composition is not feasible because of personnel
limitation, the warden shall perform the board’s
functions and he shall act as the summary disciplinary
officer.
DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD
The Board is tasked to investigate the facts of an alleged
misconduct referred to it. It shall hold sessions as often
as necessary in a room, which may be provided for the
purpose.
All cases referred to it shall be heard and decided within
forty-eight (48) hours from the date of receipt of the
case.
INMATES COUNT - It is imperative that at specified
times during each 24-hour period, all inmates are
physically counted.
THREE TYPES OF COUNT
Formal count
It is regular or periodic headcount of inmates which is
normally done five to six times in a day.
Informal count
It is irregular check to verify that all inmates under
supervision are present just as those undergoing work
programs.
Emergency count
It is done due to unusual circumstances such as
escapes, riots and disturbances.
MAIL SERVICES AND CENSORSHIP - all outgoing and
incoming mail matters are passed through a designated
Censor Officer in order to intercept any contraband or
illegal articles and any information affecting the security
of the jail.
In case of Muslim inmates, it shall be ascertained
whether the date indicated in the Court Order for the
inmate or inmates to view the remains their deceased
relative/s within twenty-four (24) hours from the time
of the death of his or her/their relatives. This is view of
Muslim customs and traditions, providing among others
burying the dead within twenty-four (24) hours after
death.
I. The warden shall timely oppose the request and
timely notify the court of his or her inability to comply
with the order allowing the inmate to be escorted out
of the jail to view the remains of a deceased relative in
any of the following cases:
• The deceased relative is lying-in-state in a place
beyond thirty kilometer radius from the jail or, in any
case, where the inmate cannot return to said place
during daylight hours;
• The inmate has a record of escape or attempted
escape;
• The inmate has two (2) or more pending criminal
cases or is a material witness in a pending criminal case;
• The inmate is classified as high risk, high profile, high
value or violent extremist offender;
• The inmate cannot be assured of his safety and
security, or his escape is highly possible; and
• There is an intelligence report that the inmate will
escape or will be rescued.
J. If approved, the inmate shall not be allowed to stay
more than three (3) hours in the place where the
remains of the deceased relative lie in state. Further, in
no case shall the inmate be allowed to join the funeral
cortege.
TOOLS OF SECURITY BY JAIL WARDEN
Security survey
• It is internal audit service to assist warden in
determining the security measures required to protect
the jail from possible sabotage, attack, rescue,
operation, riot , jailbreak, hostage taking, minor
disturbances and natural calamities such as flood,
earthquake, typhoon, fire etc.
Security inspection
• This is an internal audit service to determine
compliance with established security policies and
procedures.
Jail Incident
• Any untoward or uncommon actions, events, or
conditions such as jail break, riot, noise barrage,
stabbing or assault upon personnel that occurs in jail
and perpetrated by any person, which may or may not
have followed or depended upon another action of
grave or serious consequences such as escape, injury,
death, fire, flood, earthquake, or other calamity which
affects the jail.
Jailbreak
• The escape from jail by more than two (2) inmates by
the use of force, threat, violence or deceit or by
breaching security barriers such as by scaling the
perimeter fence, by tunneling and/or by other similar
means or by burning or destructing of the facility or a
portion of the facility with or without the aid of jail
officer or any other person.
Jail escape
• An act of leaving from jail of an inmate through
unofficial and illegal ways or without any legal order
from the authorities.
SEARCHES: Searchers should possess qualities and
characteristics that are unbendable by temptations,
threats or pressure demands and intimidations by
inmates, visitors or colleagues in the uniform service
Body Cavity Search
• The prison authorities search Maria even in his private
part of his body. What kind of search does the jail
authorities made?
Pat down Search- External inspections of a fully clothe
inmate.
Strip Search - Visual inspections of inmates or visitors • The Americans established in 1904 the Iuhit penal
bodies after all clothing has been removed settlement (now IWAHIG PRISON AND PENAL FARM) on
a vast reservation of 28,072 hectares, total
SPECIAL TACTICS AND REPONSE (STAR) TEAM

• An elite tactical unit trained to perform high-risk

operations that falls outside the operational abilities of
the regular BJMP personnel and is equipped with
land area of 40,000 hectares in the late 1950s area was
specialized skills and sophisticated firearms and
expanded to 41,007 hectares by virtue of Executive
equipment.
Order No. 67 issued by Governor Newton Gilbert on
QUICK RESPONSE TEAM (QRT) October 15, 1912.

• It is created purposely to respond immediately and Reception and Diagnostic Service

efficiently and to contain, control, and solve in the
• This is a special unit in prison where a new prisoner
shortest possible time any form of jail
will undergo diagnostic examination, study and make
incidents/disturbance while waiting for the arrival of
observation for the purpose of determining the
reinforcement from the National/Regional STAR team/s
programs of treatment and training best suited to their
and friendly forces.
needs and the institution to which they should be
Duties and Responsibilities transferred. (60 days) Administrative Order no. 8, series
of 1953 of the Department of Justice
Acts as first responder to any jail incidents.
Quarantine or Cell unit (5 days)
• Alarm -gives the alarm through siren, whistle,
shouting, etc. • The section of RDC where the prisoner is given
thorough physical examination including blood test, x
• Contain - isolates/cordons the affected area.
rays, vaccination and immunity.
• Report - provides correct and precise information
Classification
about the situation.
The process of assigning of grouping of inmate
• Evaluate - evaluates damage to equipment and
according to their sentence, gender, age, health,
facilities; - evaluates personnel/inmates situations.
criminal records and other pertinent facts.
BUREAU OF CORRECTIONS HISTORY
a. Diagnosis – inmates case history is taken and his
• Revised Administrative Code “Prison Law” sec.1705- personality is studied
1751
b. Treatment Planning – formulation of tentative
• Bilibid Prison (1847) – The Old Bilibid Prison, then treatment program best suited to the needs of the
known as Carcel y Presidio Correccional (Spanish person.
"Correctional Jail and Military Prison") occupied a
c. Execution of treatment program – actual application
rectangular piece of land that was part of the
of the treatment program
Mayhalique Estate in the heart of Manila
d. Re-classification – process of monitoring the
AMERICAN AND COMMONWEALTH
response the response of the prisoner to thetreatment
• Bureau of Prisons was created under the program and conduct of review to the previous finding
Reorganization Act of 1905 (Act No. 1407 dated as compared to new information currently available.
November 1, 1905) as an agency under the Department
CLASSIFICATION BOARD IN PRISON
of Commerce and Police.
• Chairman – Superintended
• On January 1, 1915, the SAN RAMON PRISON was
placed under the auspices of the Bureau of Prisons and • Vice Chairman – Chief RDC
started receiving prisoners from Mindanao.
• Members – Medical Officer, Chief Education Section,
Chief Agro Industries Section
• Secretary – Chief Overseer
Classification of prisoner as to degree of Custody
• Minimum – those who can reasonably trusted to
serve their sentence under “open condition”
• 65 years old and above
• Serve atleast ½ of minimum sentence
• Serve 1/3 of maximum sentence excluding GCTA
• With only 6 months to serve before expiration of
sentence
R.A. 10592- law which amend art. 97, 99 of Act. No.
3815

• Medium – those who cannot be trusted to serve their

sentence in open condition and pose less danger to the
GCTA RPC Art.97 RA 10592
society
GRANTING DIRECTOR OF DIR. of BUCOR, Chief
• Maximum – those who escape could be highly
dangerous to the public AUTHORITY PRISON Art.99 BJMP, Warden of
Type of prisoner according to PD 29 According to Provincial, District, City
Sentence
and Municipal Jail
• Insular/National Prisoner – 3 years and 1 day to death
1 year – 2 years 5 days 20 days
• Provincial Prisoner – 6 months 1 day – 3 years
3 – 5 years 8 days 23 days
• City Prisoner – 1 day to 3 years
6 years – 10 years 10 days 25 days
• Municipal Prisoner – 1 day to 6 months
11 years above 15 days 30 days
Classification of Inmate as to security status Maximum
Security (ORANGE)

• 20 years minimum sentence

• Sentence under review, under appeal, recidivist,

habitual delinquent
• Criminally insane or under RDC
• Escapees, under disciplinary punishment
Medium Security Inmate (BLUE)
• With less than 20 years sentence
• 18 years old and below, have 2 or more escape but
have serve 8 years since recommitment
• Those with one record of escape but serve at least 5
years since recommitment
• Those sentence to life imprisonment but serve at least
5 years as maximum security
GCTA Good Conduct Time Allowance
Computation of GCTA – calendar months and years are
considered reference to sentence and time served,
while 30 days constitute a month in computing GCTA
credits.
GCTA of a detainee – a detainee shall only be granted
GCTA if he voluntarily offers in writing to perform such
labor as may be assigned to him. In such a case, the
credit he may receive shall be deducted from sentence
as may be imposed upon him if he is convicted.
GCTA of a life termer – an inmate sentence to life
imprisonment shall not be granted GCTA while his
sentence is on appeal.

Minimum Security Inmate (BROWN) Revocation of GCTA – GCTA once granted shall not be
revoked without just cause.
• With severe physical handicap
Restoration of GCTA – GCTA which an inmate is
deprived due to his misconduct may be restored at the
discretion of the Director upon recommendation of the
Superintendent.
Classification according to Privilege
3rd class – 3x or more sentence 2nd class – 1st time
offender 1st class – skilled prisoner
Colonist – came from first class inmate & served 1 year
immediately preceding the completion of the period
specified in the ff. classification.
Has served imprisonment with good conduct for a
period equivalent to 1/5 of the maximum term, or
seven years in the case of life sentence.
Privilege of a colonist
• Additional 5 days for each calendar month while he
retains said classification aside from the regular GCTA
• Automatic reduction of the life sentence to a sentence
of 30 years.
• To request his wife and children, or the woman he
desires to marry to live with him in prison subject to the
approval of Director.
• Issuance of reasonable amount of clothing &
ordinarily household supplies from the govt.
• To wear civilian clothes on such special occasion
BOARD OF DISCIPLINE IN PRISON (5 working days)
• Director shall establish in each prison to hear cases
involving an inmate who violates prison rules. It shall be
presided by over by the Assistant Superintendent.
• Confinement in disciplinary cells is from 1 to 2
months.
Different Penal Colony and Prison in the Philippines San
Ramon Prison
Opened by Capt. Ramon Blanco , Copra is the principal
product with 1,414 hectares and Established on August
21, 1869 to confine Muslim rebels and political
prisoners opposed to the Spanish rule.
Considered the oldest penal facility in the country,
prisoners in San Ramon were required to do agricultural
work.
Iwahig Penal Colony (36,000 hec)
“Prison without Walls”
Tagumpay settlement – prisons homestead
1904 made by order of Gov. Forbes, through suggestion
of Gov. Luke Wright.
Luhit Penal Farm-Area was expanded to 41, 007 hec. By
virtue of E.O. 67 issued by Gov. Gilbert Newton
Sub-colonies of Iwahig
• Sta. lucia
• Inagawan
• Montible
• Central
Lt. George Wolf
A member of the U.S. expeditionary force, who later
became the first prisons director of Iwahig Penal Colony
New Bilibid Prison
January 22, 1941 when the name NBP was first used
with 587 hec. Subcolonies – Camp Bukang Liwayway
and Camp Sampaguita CAMP BUKANG LIWAYWAY –
Minimum Security Inmate
CAMP SAMPAGUITA – Medium Security Inmate,
Reception and Diagnostic Center, Youth Rehabilitation
Home
NBP Main Building – Maximum Security Inmate
Correctional Institution for Women
• Act # 3579 and first opened on a 18-hectare on
November 27, 1929 then called “Womens Prisons”
• In 2002, the National Statistical Coordination Board
reported that CIW was actually the most congested
facility among the 7 operating units under BuCor. While
the New Bilibid Prison registered an 85% congestion
rate.
• Female superintendent in 1934, what position was
created to supervise CIW
Davao Penal Colony
Act No. 3732 Jan. 21, 1932 and Located at Tagum,
Davao Del Norte with Sub colonies: Kapalong and
Panabo
“Tanglaw Settlement” – homestead of prisoner and
Gen. Paulino Santos first supt.
Leyte Regional Prison
Established on Jan. 16, 1973 in Abuyog, Leyte with Proc.
no. 1101 to confine prisoners from Visayas and
considered as Youngest Penal Colony
Provincial Jail System
First established in 1910 under American Regime, every
province were mandated by the American Colonizer to
established their own provincial jail under provincial
government
IMPORTANT FEATURES OF RA 10592
Art. 29, Period of Preventive Imprisonment – offenders
accused who have undergone preventive imprisonment
shall be credited in the service of sentence consisting of
deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after
being informed of such effects thereof and with the
assistance of counsel to abide by the same disciplinary
rules imposed upon convicted prisoner, except in the
following cases:
• When they are recidivist, or have been convicted
previously twice or more of any crime
• When upon being summoned for the execution of
their sentence they have failed to surrender voluntarily
Provided: recidivist, escapees, habitual delinquent, and
prisoner charged with the heinous crimes are excluded
from the coverage of this act.
Note: Credit for preventive imprisonment for the
penalty of Reclusion Perpetua shall be deducted from
30 years
In case the maximum penalty is Destierro, he shall be
released after 30 days of preventive imprisonment.
Art. 98 “Special Time Allowance for Loyalty” A
deduction of 1/5 shall be imposed for the prisoner who
having evaded sentence or his preventive
imprisonment, who shall give himself to the authorities
with 48 hours after the passing away of the calamity.
However, a deduction of 2/5 shall be granted for the
prisoner who choose to stay notwithstanding of the
calamity
Leaves from Prison
60 days before election and 30 days after, no release of
prison
Viewing the remains – apply 2days prior intended visit
and only for minimum and medium inmate
3 days before – interview with minimum and medium.
Riot or Disturbance Group in Prison
• First Group – the group which performs the anti-riot
contingency plan
• Second Group – back up and may use tear gas
• Third Group – trained to handle gun
Leo Echegaray was the first Filipino to be meted the
death penalty after its reinstatement in the Philippines
in 1993, some 23 DRUG INJECTED IN DEATH CONVICT
• SODIUM THIOPENTOTAL – induce deep sleep
• PANCURIUM BROMIDE – poison the blood
• POTASSIUM CHLORIDE – induce shock and kill the
person years after the last judicial execution was carried
out.
Death row syndrome is a psychological disorder that
inmates on death row can go through when they are
put in isolation. Inmates on death row syndrome face
suicidal attempts and psychotic delusions.

CHAPTER X
NON- INSTITUTIONAL CORREECTION
Executive Clemency
- collective term for absolute pardon, conditional
pardon, amnesty, reprieve and commutation of
sentence.
- Granted by the Chief Executive Officer (President of
the Philippines).
- Authority of the President of the Philippines to
suspend the execution of a penalty, reduce the
sentence and extinguish criminal liability.
- Under Sec.19, Art.VII of Constitution, except in cases
of impeachment or as otherwise provided therein, may
grant reprieve, commutations of sentence and pardon
and remit fines and forfeitures after conviction by final
judgment.
KINDS OF EXECUTIVE CLEMENCY
1. Pardon
- an act of grace proceeding from the power entrusted
with the execution of the laws (the president) which
exempts the individual on whom it is bestowed from
the punishment the law inflicts for a crime he has
committed.
- Extinguishes only criminal liability but not the civil
liability. (recipient of pardon is not exempted from civil
liability )
Kinds of Pardon:
A. Absolute Pardon
- the extinction of the criminal liability of the individual
to whom it is granted without any condition and
restores to the individual his civil rights.
PETITION FOR ABSOLUTE PARDON
• Prisoner should have serve his maximum sentence or
granted final release and discharge or court termination
of probation
• However, the BPP may consider a petition of Absolute
pardon even before the grant of final release &
discharge under provision of Sec. 6 Act. No. 4103 as
amended.
a. Petitioner is seeking an appointive/elective public
position or reinstatement
b. Will take govt. examination
c. Is immigrating
B. Conditional Pardon
The extinction of the criminal liability of an individual
from the punishment which the law inflicts for the
offense he has committed, within certain limits or
conditions.
Reduction : Served at least ½ of the maximum of the
original indeterminate sentence/definite prison term
Reference: as amended by Board Resolution No. 24-4-
10 dated April 13, 2010
LIMITATION OF THE PARDONING POWER OF THE
PRESIDENT
It may not be exercised for offenses in impeachment
cases; It may be exercised only after conviction by final
judgment;
It may not be exercised over civil contempt (as for
refusing to answer a proper question as a witness in a
case)
3. Amnesty “blanket pardon”
- an act of sovereign power granting oblivion or general
pardon for the past offense, usually granted in favor of
certain classes of persons who have committed crimes
of political needs concurrence of congress
- Pres. Manuel Roxas, the first president to give
amnesty (CLE Apr 2016).
* Prolamation No. 51 issued on January 28, 1948.
Granting amnesty to thos who collaborated with the
enemey during WWII.
Note: Amnesty can be availed of before, during and
after the trial of the case, even after conviction.
3. Commutation of Sentence
Reduction of the sentence, from a heavier sentence to a
less serious one, or from longer prison term to a shorter
one. (CLE Apr 2016)
OTHERS CIRCUMSTANCES COMMUTATION OF
SENTENCE
• At least 1/3 of the definite or aggregate prison term
• At least ½ if the minimum of the indeterminate prison
term or aggregate minimum of indeterminate prison
terms
• At least 10 years for inmates sentence to 1 reclusion
perpetua or one life imprisonment for crimes not
punished under RA 7659
• At least 13 years for inmates whose indeterminate
prison terms were adjusted to a definite prison term of
40 years in accordance with Art. 70 of RPC
• At least 15 years for inmates convicted of heinous
crimes according to RA 7659
• At least 18 years for inmates sentenced to R.P. or Life
imprisonment for violation of RA 9165, Kidnapping for
ransom, or violation of the law on terrorism, plunder
and international crime
• At least 20 years for inmates originally sentenced to 2
or more reclusion perpetua or life imprisonment even if
their sentence were adjusted to a definite prison term
of 40 years
• At least 25 years for inmates originally imposed
sentence to death penalty but which was automatically
reduced or commuted to R.P. or life imprisonment.
4. Reprieve “to make back”
• -Temporary stay of execution of sentence
• -Generally applied in death sentence
EXTRAORDINARY CIRCUMSTANCES THAT MAY GRANT
EXECUTIVE CLEMENCY
• Trial court or appellate court in its decision
recommended the grant of executive clemency
• Under peculiar circumstances of the case, penalty
imposed is too harsh compared to the crime committed
• Evidence which the court failed to consider, before
conviction, which would justified an acquittal of the
accused
• Inmates over 15 years but under 18 at the time of
commission of crime
• Inmates who are 70 years old and above
• When inmate suffers from serious, contagious or life
threatening illness/disease or with severe physical
disability
• Alien inmates where diplomatic considerations and
amity among nations necessities review
• Such other similar or analogous circumstances
whenever the interest of justice will be served thereby.
Art. 159, RPC – other cases of evasion of sentence
• The penalty of prision correctional in its minimum
period shall be imposed upon the convict who having
been granted conditional pardon by the chief executive,
shall violate any condition of such pardon. However, if
the penalty remitted by such pardon is higher than
prision correctional, (6 month 1 day – 6years) the
convict shall suffer the unexpired portion of his original
sentence.
Parole
• It operates in accordance with Act. 4103
• A method by which a prisoner who has served a
portion/minimum/one- third of his sentence is
conditionally released but remains in legal custody, the
condition being that in case of misbehavior, he shall put
back to prison.
• It is from the French “Parole D Honeur” meaning
“word with honor”
• Conditional release after the prisoner’s conviction is
final and executory and already serve the minimum of
the sentence imposed.
• Granted by the Board of Pardons and Parole.
• Determinate sentence, the criminal must serve the
entire sentence.
• Indeterminate sentence, a criminal will serve a range
of years as determined by the judge. The minimum time
period is usually set and after the minimum sentence
passes, the case will go before a parole board which
sets the actual date of release.
BOARD OF PARDONS AND PAROLE
GRANTS parole and RECOMMENDS to the President the
grant of executive clemency
• CHAIRMAN – Secretary, DOJ
• MEMBER - Sociologist, Clergyman/Educator,
Psychiatrist,
• MEMBER – Other qualified persons by
training/experience
• At least one member is a woman
• Members hold office for 6 yrs
TERMS TO REMEMBER
i. Probation and Parole Officer – who undertake the
supervision of the client
ii. Parolee – one release on parole
iii. Pardonee – release on conditional pardon
iv. Client – parolee/pardonee who is place under
supervision of PPO
v. Release Document – conditional pardon/Absolute
Pardon issued by the President of the Philippines to
prisoner or to the “Discharge on Parole” issued by the
Board
vi. Summary Report – final report submitted by the
Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final release
and discharge
vii. Progress Report – report submitted by the Probation
and Parole officer on the conduct of parolee/pardonee
while under supervision
viii. Infraction Report – report submitted by the
probation and parole officer on violations committed by
a parolee/pardonee of the condition of his release on
parole or conditional pardon while under supervision.
DISQUALIFICATION FOR PAROLE
• Convicted of offense punished w/ reclusion perpetua,
death penalty or life imprisonment
• Those convicted of treason, conspiracy or proposal to
commit treason or espionage
• Convicted of misprision of treason, rebellion, sedition
and coup de’etat
• Convicted of piracy or mutiny on high seas or
Philippine waters
• Those who are habitual delinquents
• Those who escaped confinement or evaded sentence
• Those who have been granted conditional pardon but
shall violated any of the terms thereof
• Those maximum terms of imprisonment does not
exceed 1 year or those with definite sentence
• Those convicted in violation of the laws on terrorism,
plunder and transnational crime (As amended by Board
Resolution No. 24-4-4-10 April 3, 2010)
PROCEDURE IN THE GRANT OF PAROLE
• The Dir. or Warden concerned shall send Prisoner’s
record & Carpeta to the BPP at least 1 month prior to
the date when his case shall be eligible for review.
• The BPP shall cause the publication in the newspaper
of general circulation the names of prisoners maybe
considered for release on p The offended party/
immediate relatives shall be notified personally or by
registered mail and given 30 days from notice within
which to communicate their comment to the Board
regarding to the contemplated grant of parole to the
prisoner.
• If based on pre parole investigation, there is
convincing evidence that his release on parole will
endanger his own life, those his relatives, his witness
and the community, the release of prisoner shall be
deferred until the danger ceases.
FACTORS TO BE CONSIDERED IN REVIEW ON PAROLE
CASES
• Degree of prisoner’s rehabilitation and his
institutional behavior
• Previous criminal record, if any and the risk to other
person
• Gravity of the offense, manner of committing it,
degree of remorse
• Evidence of prisoner will be legitimately employed
upon release
• Age of prisoner and availability of after care
PAROLE SUPERVISION
• Prisoner shall be released upon grant of parole as
evidence by released document
• BPP shall send copy of release document to the Dir. Of
BUCOR or Warden of Jail
• After release, parolee shall be placed under
supervision Parole and Probation Officer
• Period of supervision shall extent up to the expiration
of maximum sentence which should in the released
document
• If the parolee fails to report within 15 days from date
of his release, the PPO shall inform the Board.
• If within 45 days from the date of release from prison
or jail, the parolee or pardonee concerned still fails to
report, the Probation and Parole Officer shall inform the
Board of such failure, for appropriate action.
• It shall be mandatory for a parolee to comply with the
terms and conditions appearing in the release
document.
• BPP may, motu propio or upon recommendation of
PPO, revise, modify the terms and conditions appearing
in release document.
TRANSFER OF RESIDENCE
Parolee may not transfer residence without the prior
written approval of either RD or the Administrator,
subject to the confirmation of the board.
CPPO may authorized outside travel for a period of not
more than 30 days, if more than 30 days, approval of RD
is required.
They may apply overseas work/travel abroad as long as
they don’t have pending case.
Arrest of Parolee – upon receipt of an infraction report,
the Board may order the arrest or recommitment of
parole
Effect of Recommitment – serve the remaining portion
of the maximum sentence
Probation
• originated from the Latin word “Probatio” which
means “testing period” which has historical roots in the
practice of judicial reprieve.
• It is a disposition under which a defendant, AFTER
CONVICTION and SENTENCE, is released subject to
conditions imposed by the Court and to the supervision
of a probation officer.
• It operates in accordance with P.D. 968 or the “Adult
Probation Law of 1976”.
• It is granted by the COURT.
HISTORY OF PROBATION
Originated in England (Recognizance, Judicial Reprieve,
Transportation, Benefit of the Clergy)
Edward N. Savage – First Probation Officer in the world.
(USA) Massachusetts – 1st probation law was enacted
(USA) Mathew Davenport Hill – Father of Probation in
England Philippine Probation System
• Probation was first introduced in the Philippines
during the American colonial period (Act No. 4221)
• This law created a Probation Office under the DOJ
• On Nov.16, 1937, after two years of existence, the SC
of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's
procedural framework.
• P.P. vs. Vera – First probation law of 1935 become
unconstitutional after 2 years.
• In 1972, House Bill No. 393 was filed in Congress,
which would establish a probation system in the
Philippines.
• The bill was passed by the House of Representatives,
but was pending in the Senate when Martial Law was
declared and Congress was abolished.
• On July 24, 1976, P.D. 968, “Adult Probation Law of ANYTIME, place the child on probation in lieu of service
1976”, was signed into Law by the President of the of his sentence taking into account the best interest of
Philippines. the child.

• The probation system started to operate on Jan. 3, PROCEDURES IN APPLICATION OF PROBATION

1978.
• The offender or his counsel files a petition with the
IMPORTANT TERMS convicting court

Supervision – the continuing relationship between the • The court determines convict qualifications and
probationer and the probation officer. notifies the prosecutor of the filing of the petition

• The prosecutor submits his comments on such

application within 10 days from receipt of the
Petitioner – a convicted defendant who files a formal
notification
application for probation.
• If petitioner is qualified, his application is referred to
Absconding probationer – person who probation is
the probation officer for post-sentence investigation.
granted but failed to report for supervision within the
period order by the court of his location is unknown • The PSIR is submitted by the probation officer to the
court within 60 days
Absconding petitioner – person whose application has
given due course by the court but fails to report to the • The court grants or denies the petition for probation
probation officer of his location cannot be located. within 15 days upon receipt of the PSIR. (as amended by
PD 1257).
Special/Discretionary – those additional supervision
imposed by the court geared towards rehabilitation and
correction outside the prison.
POST SENTENCE INVESTIGATION
Administrative Supervision – relationship between
• Used to find out the petitioner’s legal qualifications
probation officer and assist. Probation officer during the
and his suitability for probation.
operational supervision.
• It is also used in establishing the diagnosis for his
GRANT OF PROBATION
favorable response to the community-based and
• After conviction and Upon application of the offender individualized correction program.

• Application – within the period of perfecting an REQUEST FOR AN EXTENSION OF TIME TO SUBMIT PSIR
appeal (15 days)
• Informs the CPPO of the need to file a Motion for
• For imprisonment or a fine only Extension of Time to submit PSIR five (5) calendar days
before its due date.
• Application is a waiver of the right to appeal
• IO drafts and submits the Motion/Report within three
• Denial or grant is NOT appealable
(3) calendar days from the date the CPPO is informed.
NATURE OF PROBATION
Courtesy Supervision – supervision undertaken by other
• It is a mere privilege and It suspends the execution of probation officer which is not permanent in nature.
sentence
Two forms of courtesy investigation
EXCEPTION!
• Full Blown Courtesy Investigation (FBCI)
Sec.42 of RA 9344, JUVENILE JUSTICE AND WELFARE
• Partial Courtesy Investigation (PCI)
ACT
FBCI – A general courtesy investigation from another
• The court may, after it shall have sentence a CHILD IN
City or Provincial Parole and Probation Office which
CONFLICT WITH THE LAW, and upon application at
request for complete PSIR on a petition for probation
pending referral investigation in the Probation Office of • Offenders found guilty of violating RA No. 9165, The
origin. Comprehensive Dangerous Drugs Act of 2002, except
Section 12, 14, 17, and 70.
CRITERIA FOR PLACING THE OFFENDER IN PROBATION
VIOLATION OF RA 9165 IS NOT PROBATIONABLE
Denied if the court finds that:
EXCEPTION!
• The offender is in need of correctional treatment that
Sec.12 – Possession of equipment, instrument,
can be provided most effectively by his commitment to
apparatus, and other paraphernalia of dangerous drug
an institution.
Sec.14 – Possession of equipment, instrument,
• There is undue risk that during period of probation
apparatus, and other paraphernalia of dangerous drug
the offender will commit another crime.
during parties, social gatherings or meetings.
• Probation will depreciate the seriousness of the
Sec.17 – maintenance and keeping of original records of
offense committed.
transaction of D.D. or
DISQUALIFIED TO APPLY PROBATION
C.P. and E.C.
• Sentence to serve maximum term of imprisonment
Sec.70 – probation or community service for a first time
exceeding 6 years.
minor offender in lieu of imprisonment.
• Convicted of subversion or any crime against national
MANDATORY CONDITIONS OF PROBATION
security & public order
• Present himself to the probation officer within 72
• Previously convicted of any offense punish by
hours from receipt.
imprisonment of not less than 1 month and 1 day/or
fine of not exceeding 200.00 • Report to the probation officer at least once a month

• Having been on probation before CONTROL & SUPERVISION OF PROBATIONER

UNDER RA 10707, THE FOLLOWING ARE DISQUALIFIED • Probation program shall be under control of the court
who place him on probation.

• If he wish to change residence, control over him shall

• Sentenced to serve a maximum term of imprisonment
be transferred to the Executive Judge of the court of
of more than six (6) years;
first instance of that place.
• Convicted of any crime against the national security;
RULES ON OUTSIDE TRAVEL
• Who have previously been convicted by final
• PO may authorize more than 10 to 30 days of outside
judgment of an offense punished by imprisonment of
travel
more than six (6) months and one (1) day and/or a fine
of more than one thousand pesos (P1,000.00);

• Who have been once on probation under the • For up to 30 days, file request at least 5 days before
provisions of this Decree; and travel and approved by CPPO

Legally Disqualified under Special Penal Laws
• Offenders found guilty of any election offense in
accordance with Section 264 of B.P. Blg. 881 (Omnibus
Election Code);
• For more than 30 days, recommended by CPPO and
approved by trial court
• Outside travel for a cumulative duration of more than
30 days within 6 mos. – Courtesy supervision

• Offenders found guilty of violating RA No. 6727 (Wage

Rationalization Act, as amended);
CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION Circle of Support – a community directed process
organized by the field office and participated in by the
• File a request with the City or Provincial Parole and
clients, the Volunteer Probation Aides (VPAs) and
Probation Office, this request shall be submitted for the
selected members of the community in the discussion
approval of court
of the offense and its impact.
• If approved, supervision and control of probationer
shall be transferred to the Executive Judge of RTC

PERIOD OF PROBATION
• Imprisonment is below 1 year (Not exceed 2 years)
• If exceed 1 year (Not exceed 6 years)
• If fine only & offender made to serve subsidiary
imprisonment (Not be less than nor be more than twice
the number of days of subsidiary imprisonment.
ROLE OF THE COMMUNITY IN CORRECTIONS
Rehabilitation Program – it is an individualized
community-based three pronged approach to crime
prevention and treatment of offender with Restorative
Justice as its philosophical foundation, Therapeutic
Community as the treatment modality, and Volunteers
as lead community resources
Therapeutic Community (TC) – it is environments that
help people get help while helping others. It is a
treatment environment: the interactions of its members
are designed to be therapeutic within the context of the
norms that require for each to play the dual role of
client-therapist.
Restorative Justice - It is a process through which
remorseful offenders accept responsibility for their
misconduct, particularly to their victims and to the
community.
What are the Restorative Justice models that can be
applied in PPA?
IMPORTANT FEATURES OF RA 10592
Art. 29, Period of Preventive Imprisonment –
• offenders accused who have undergone preventive
imprisonment shall be credited in the service of
sentence consisting of deprivation of liberty, with the
full
• time during which they have undergone preventive
imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of such
effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon
convicted prisoner, except in the following cases:
• When they are recidivist, or have been convicted
previously twice or more of any crime
• When upon being summoned for the execution of
their sentence they have failed to surrender voluntarily
• Provided: recidivist, escapees, habitual delinquent,
and prisoner charged with the heinous crimes are
excluded from the coverage of this act.
Note: Credit for preventive imprisonment for the
penalty of Reclusion Perpetua shall be deducted from
30 years in case the maximum penalty is Destierro, he
shall be released after 30 days of preventive
imprisonment.

Peacemaking Encounter – is a community-based

gathering that brings the victim, the victimized
community, and the offender together.
Art. 98 “Special Time Allowance for Loyalty” A
deduction of 1/5 shall be imposed for the prisoner who
having evaded sentence or his preventive
Victim/Offender Mediation –provides an interested
imprisonment, who shall give himself to the authorities
victim an opportunity to meet face-to-face his/her
with 48 hours after the passing away of the calamity.
offender in a secured and structured setting or
However, a deduction of 2/5 shall be granted for the
atmosphere, with the help of a trained mediator.
prisoner who choose to stay notwithstanding of the
Conferencing – a process which involves community of calamity.
people most affected by the crime