crimes and criminals and the attempt of
Study of the different factor that enhances the
INTRODUCTION TO CRIMINOLOGY AND
PSYCHOLOGY OF CRIMES
Crime as a social phenomenon is one of the
perplexing problems confronting the Philippine
society today. It jeopardizes internal safety and
security. It hampers economic growth, and
undermines the country’s political stability.
Basically, crime is the action of man against man.
Crime cannot exist by itself without human
society, its institutions, its members and
environment. They somehow, serve as the
pivoting and focal point of the causes of crime,
and at the same time, the very effective
instrument to the prevention and control of
crime.
Apparently, the variety of measures to
counteract the growing menace of crime, such
as the legislation of penal laws, the
reorganization of police agencies and
correctional institutions, the improvement of
judicial system, and providing financial
assistance to political offenders for them to join
the fold of the society, are in the exercise of
futility.
CRIMINOLOGY DEFINED:
CRIMINOLOGY- is a body of knowledge
regarding delinquency and crime as a social
phenomenon. It may also refer to the study of
3.
analyzing scientifically their causes and control
and the treatment of criminals.
- it can also be defined as the scientific study of
causes of crime in relation to man and society
who set and define rules and regulations for
himself and others to govern.
- it is the entire body of knowledge regarding
crimes, criminals and the effort of the society to
prevent and repress them.
a.SOCIOLOGY- the study of crime focused on
the group of people and society as a whole. It is
primarily based on the examination of the
relationship of demographic and group
variables to crime.
b. PSYCHOLOGY- the science of behavior and
mental processes of the criminal. It is focused
on the individual criminal behavior how it is
acquired, evoked, maintained, and modified.
c. PSYCHIATRY- the science that deals with the
study of crime through forensic
d.PSYCHIATRY, the study of criminal behavior
in terms of motives and drives that strongly
relies on the individual.
SCOPE OF THE STUDY OF CRIMINOLOGY:
1. Study of the origin and development of
criminal law or penal law.
2. Study of the causes of crimes and
development of criminals.
1
development of criminal behavior such as:
a. Criminal demography - study of the
relationship between criminality and
population.
b. Criminal epidiomology - study of the
relationship between environment
and criminality.
c. Criminal ecology – study of
criminality in relation to spatial
distribution in a community.
d. Criminal physical anthropology –
study of criminality in relation to
physical constitution of men.
e. Criminal psychology – study of
human behavior in relation to
criminality.
f. Criminal psychiatry – study of human
mind in relation to criminality.
g. Victimology – study of the role of the
victim in the commission of a crime.
PRINCIPAL DIVISIONS OF CRIMINOLOGY:
1. Criminal behavior or criminal etiology -
the scientific analysis of the causes of
crime.
2. Sociology of law – the study of law and its
application.
3. Penology and Correction – the study that
deals with punishment and the treatment
of criminals.
 4. Criminalistics/ Forensic science- area
concern in crime detection and
investigation
NATURE OF CRIMINOLOGY:
1. An Applied Science – anthropology,
psychology and other natural sciences may be
applied in the study of the causes of crime while
chemistry, medicine, physics, mathematics, etc.
may be utilized in crime detection.
2. A Social Science – In as much as crime is a
social creation and that it exists in a society, its
study must be considered a part of social
science.
3. Dynamic – criminology changes as social
condition changes. That means the progress is
concordant with the advancement of other
sciences that have been applied to it.
4. Nationalistic – the study of crime must
always be in relation with the existing criminal
law with in the territory.
IMPORTANT TERMS IN THE STUDY OF
CRIMINOLOGY:
1. Criminogenic Processes – Explain human
behavior and the experiences which help
determine the nature of a person’s
personality as a reacting mechanism; that
factors or experiences in connection
thereto infringe differentially upon
different personalities, producing conflict
which is the aspect of crime.
2. Criminal Psychodynamics – The study of
mental processes of criminals in action;
the study of genesis, development, and
motivation of human behavior that
conflicts with accepted norms and
standards of society.
3. Cultural conflict – A clash between
societies because of contrary beliefs or
substantial variance in their respective
customs, language, institutions, habits,
learning, tradition, etc.
4. Dementia Praecox – A collective term of
mental disorders that begins at, or shortly
after puberty and usually leads to general
failure of the mental faculties, with
corresponding physiological impairment.
5. Delusion – In medical jurisprudence, a
false belief about self, caused by
morbidity, present in paranoia and
dementia praecox.
6. Episodic Criminal – A non-criminal –
person who commits a crime when under
extreme emotional stress.
7. Erotomania – A morbid propensity to love
or make love.
8. Inheritance – The transmission of physical
characteristics, mental traits, tendency to
disease, etc. from parents to offspring.
9. Hereditary – Have been believed to share
about equally in determining disposition,
that is, whether a person is cheerful or
2
gloomy, his temperament, and his
nervous stability.
10. Hallucination – An individual with a
strongly self-centered pattern of emotion,
fantasy, and thought.
11. Kleptomania – An uncontrollable morbid
propensity to steal, or pathological
stealing.
12. Masochism – A condition of sexual
perversion in which a person derives
pleasure from being dominated or cruelly
treated.
13. Melancholia – A mental disorder
characterized by excessive brooding and
depression of spirits.
14. Megalomania – A mental disorder in
which the subject thinks himself great or
exalted.
15. Necrophilism – Morbid craving, usually of
an erotic nature for dead bodies.
16. Anthropology – It is the science devoted
to the study of mankind and its
development in relation to its physical,
mental and cultural history.
17. Autophobia – A fear of one’s self or of
being alone.
18. Biometry – a measuring or calculating of
the probable duration of human life; the
attempt to correlate the frequency of
crime between parents and children or
brothers and sisters.
 19. Biosocial behavior – A person’s biological
heritage, plus his environment and social
heritage, influence his social activity.
20. Logomacy – A statement that we would
have no crime if we had no criminal law,
and that we could eliminate all crime
merely by abolishing all criminal laws.
IMPORTANT PERSONALITIES IN THE
STUDY OF CRIMINOLOGY:
1. Dr. Cesare Lombroso – The world famous
authority in the field of criminology who
advocated the POSITIVIST THEORY; that
crime is essentially a social and moral
phenomenon and it cannot be treated and
check by the imposition of punishment.
Father of Modern Criminology.
2. Dr. Charles Goring – An English
statistician, who studied the case histories
of 2,000 convicts, and found that heredity
is more influential as determiner of
criminal behavior than environment.
3. Alphonse Bertillon – One who originated a
system of classifying criminals according
to bodily measurements.
4. Edwin H. Sutherland – An American
authority in criminology, who in his book
“Principles of Criminology,” considers
criminology at present as not a science,
but it hopes of becoming a science.
5. George L. Wilker – Argued that
criminology cannot possibly become a
science.
6. Cesare Beccaria – Who, in his book: “An
essay of crimes and punishments,”
advocated and applied doctrine of
penology, that is to say make punishment
less arbitrary and severe; that all persons
who violated a specific law should receive
identical punishment regardless of age,
sanity, wealth, position or circumstances.
7. Raffaelle Garofalo – An Italian authority in
criminology, who developed a concept of
the natural crime and defined it as a
violation of the prevalent sentiments of
pity and probity.
8. W. A. Bonger – An international authority
in criminology, who classified crimes by
motives of the offenders as economic
crimes, sexual crimes, political crimes,
and miscellaneous crimes with vengeance
as the principal motive.
9. R. H. Goddard – Who advocated the
theory that feeblemindedness inherited
as Mendelian unit, causes crime for the
reason that a feebleminded person is
unable to appreciate the consequences of
his behavior, or appreciate the meaning
of law.
10. David W. Maurer – An American authority
in police administration who, in his book
“The Big Con,” once said, the dominant
3
culture could control the predatory
cultures without difficulty.
11. Peter Rentzel – A private person who, in
1669, established a workhouse in
Hamburg at his own expense because he
had observed that thieves and prostitutes
were made worse instead of better by
pillory, and he hoped that they might be
improved by work and religious
instruction in the workhouse.
12. John Howard – The great prison reformer,
who wrote “ The state of prisons in
England” in 1777, after a personal
investigation of practically all the prisons
in England.
13. Aichorn – One who published a book
entitled, “Wayward Youth”, he said that
the cause of crime and delinquency is the
faulty development of the child during the
first few years of his life.
14. Abrahamsen – He published a book
entitled, “Crime and the Human Mind”,
he explained the causes of crime by this
formula:“Criminal behavior equals
criminalistics tendencies plus crime
inducing situation divided by the person’s
mental or emotional resistance to
temptation.”
15. Cyril Burt – (Young Delinquent, 1925)
gave the theory general emotionality.
According to him many offenses can be
 traced to either in excess or a deficiency
of a particular instinctive drive.
16. Healy - (Individual Delinquency) claimed
that crime is an expression of the mental
content of the individual. Frustration of
the individual causes emotional
discomfort.
17. Bromberg – (Crime and the Mind, 1948)
claimed that criminality is the result of
emotional immaturity.
18. Sigmund Freud – One who advocated the
psychoanalytical theory of human
personality.
19. Lavator – advocated the Physiognomical
Fragment in 1775, he stated that the way
to discover the character of a person is by
observation of his physical appearance
and measurement of the outward
appearance.
20. Franz Joseph Christaph Spurzheim –
claimed in his study that the shape of the
head of the criminals differs from that of
the non-criminals.
IMPORTANT EVENTS AND PLACES:
1. Berlin – the country where the last
burning at the stake was made until 1786.
2. Australia – a place where after the
Americans gained their independence in
1786, the prisoners of England were
transferred until 1867.
3. Ancient Rome – a nation who pioneered
banishment as a form of punishment.
4. Middle of the 16th century – the period
when the first house of correction
appeared in England, on the petition of
Bishop Ridley of London for help in
dealing with the sturdy vagabonds of the
city.
5. Hammurabi’s Code – a code after a name
of a person who firstly adopted the
principle “ An Eye for An Eye, and a
Tooth for a Tooth” in the imposition of
punishment.
6. Elmira Reformatory – considered as the
forerunner of modern penology, located
in Elmira, New York, in 1876. It features a
training school type of institutional
program, social case work, and extensive
use of parole.
7. Auburn Prison System – Its features were
confinement of the prisoners in single
cells at night and congregate work in
shops during the day.
8. 1870-1880 – the golden age of penology.
9. 1934 – The league of nations adopted the
Standard Minimum Rules for the treatment
of prisoners.
10. 1839 – Demetz of France established an
Agricultural Colony for delinquent boys.
INTRODUCTION TO CRIMINALISTICS:
4
CRIMINALISTICS – is the study of physical
evidence through a laboratory work, and
criminology is the study of the causes of crimes
and/ or criminal people.
DIVISION OF CRIMINALISTICS:
There are two main divisions of
criminalistics. One is scientific and the other is
technological.
1. Scientific Divisions:
a. Chemistry
b. Physics
c. Biology
2. Technological Divisions:
a. Fingerprinting – is one of the universally
accepted means of personal identification
through the study of fingerprints.
b. Forensic Photography – is most
obviously useful in police work when
photographs serves as an evidence that can and
often does prove facts.
c. Questioned Document – is one in which
facts appearing are not true, and are contested
either in whole or in part with respect to its
authenticity, identify, or origin.
d. Polygraphy – is the scientific method of
detecting deception with the use of a polygraph
instrument.
e. Forensic Medicine – is a branch of
medicine, which deals with the application of
medical knowledge to the purpose of law and in
the administration of justice.
 f. Forensic Ballistics – this branch of science
involves the investigation and identification of
firearms by means of the ammunition fired
through them.
CRIME – An act or omission in violation of a
criminal law in its legal point.
- An anti-social act; an act that is injurious,
detrimental or harmful to the norms of society;
they are the unacceptable acts in its social
definition.
- Psychologically, crime is an act, which is
considered undesirable due to behavioral
maladjustment of the offender, acts that are
caused by maladaptive or abnormal behaviors.
- it is an act committed or omitted in violation of
a public law forbidding or commanding it.
- it is an act that violates the law of the nation.
OFFENSE – is an act or omission that is
punishable by special laws.
FELONY – is an act or omission that is
punishable by the Revised Penal Cod
- it is an act or omission punishable by
law.
Felony is committed not only by means of
deceit (dolo) but also by means of fault (culpa).
DELINQUENCY/MISDEMEANOR – acts that
are in violation of simple rules and regulations
usually referring to acts committed by minors.
CRIMINOLOGICAL CLASSIFICATION OF
CRIME:
a. Acquisitive and Extinctive crimes
Acquisitive crime is one which when
committed, the offender acquires something as a
consequence of his criminal act. The crime is
extinctive when the result of criminal act is
destruction.
b. Seasonal and Situational crimes
Seasonal crimes are those that are
only at a certain period of the year while
situational crimes are committed only when
given a situation conducive to its commission.
c. Episodic and Instant crimes
Episodic crimes are serial crimes,
they are committed by means of series of act
within a lengthy space of time. Instant crimes
are those that are committed the shortest
possible time.
d. Static and Continuing crimes
Static crimes are crimes that are
committed only in one place. Continuing crimes
are crimes that are committed in several places.
e. Rational and Irrational crimes
Rational crimes are those committed
with intent; offender is in full possession of his
mental faculties/ capabilities while irrational
crimes are committed without intent; offender
does not know the nature of his act.
f. White Collar and Blue Collar crimes
White collar crimes are those
committed by a person of responsibility and of
5
upper socio-economic class in the course of
their occupational activities. Blue collar crimes
are those committed by ordinary professionals
to maintain their livelihood.
g. Upper World and Under World crimes
Upper world crimes are those
committed by individuals belonging to the
upper class of society. Under world crimes are
committed by members of the lower or under
privilege class of society.
h. Crimes by Imitation and Crimes by
Passion
Crimes by imitation are crimes
committed by merely duplication of what was
done by others. Crimes by passion are crimes
committed because of the fit of great emotions.
i. Service crimes
Service crimes refer to crimes
committed through rendition of a service to
satisfy desire of another.
CRIMINAL – A person who committed a crime
and has been convicted by a court for the
violation of a criminal law.
- A person who violated a social norm or one
who did an anti-social act.
- A person who violated rules of conduct due to
behavioral maladjustment.
- is any person who has been found to have
committed a wrongful act in the course of the
standard of judicial processes.
CRIMINOLOGICAL CLASSIFICATION OF
CRIMINALS:
a. Based on Etiology
1. Acute criminal – is one who violates a
criminal law because of the impulse or fit of
passion. They commit passionate crimes.
2. Chronic criminal – is one who commits
crime acted in consonance of deliberate
thinking. He plans the crime ahead of time.
They are the targeted offenders.
b. Based on Behavioral System
1. Ordinary criminal – is considered as the
lowest form of criminal in a criminal career. He
doesn’t stick to crime as a profession but rather
pushed to commit crimes due to great
opportunity.
2. Organized criminal – is one who associates
himself with other criminals to earn a high
degree of organization to enable them to commit
crimes easily without being detected by
authorities. They commit organized crimes.
3. Professional criminal – is a person who is
engaged in criminal activities with high degree
of skill. He is usually one who practices crime as
a profession to maintain a living.
c. Based on Activities
1. Professional criminals – are those who
practice crime as a profession for a living.
Criminal activity is constant in order to earn skill
and develop ability in their commission.
2. Accidental criminals – are those who commit
crimes when the situation is conducive to its
commission.
3. Habitual criminals – are those who continue
to commit crime because of deficiency of
intelligence and lack of self-control.
d. Based on Mental Attitudes
1. Active criminals – are those who commit
crimes due to aggressiveness.
2. Passive Inadequate criminals – are those
who commit crimes because they are pushed to
it by reward or promise.
3. Socialized delinquents – are criminals who
are normal in behavior but defective in their
socialization process or development.
e. Based on legal Classification
1. Habitual Delinquent – is a person who, within
a period of ten years from the date of his release
or last conviction of the crimes of serious or less
serious physical injuries, robbery, estafa, or
falsification, is found guilty of any of the said
crimes or a third time oftener.
2. Recidivist – is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
embrace in the same title of the Revised Penal
Code.
APPROACHES OF CRIME:
1. SUBJECTIVE APPROACHES – It deals
mainly on the biological explanation of crimes,
focused on the forms of abnormalities that exist
6
in the individual criminal before, during and
after the commission of crime.
a. ANTHROPOLOGICAL APPROACH – the study
on the physical characteristics of an individual
offender with non-offenders in the attempt to
discover differences covering criminal
behavior.
b. MEDICAL APPROACH – the application of
medical examinations on the individual criminal
explain the mental and physical condition of the
individual prior and after the commission of the
crime.
c. BIOLOGICAL APPROACH – the evaluation of
genetic influences to criminal behavior. It is
noted that heredity is one force pushing the
criminal to crime.
d. PHYSIOLOGICAL APPROACH – the study on
the nature of human being concerning his
physical needs in order satisfy his wants. It
explains that the deprivation of the physical
body on the basic needs is an important
determiner of the commission of crime.
e. PSYCHIATRIC APPROACH – the explanation
of crime through diagnosis of mental diseases as
the cause of the criminal behavior.
f. PSYCHOANALYTICAL APPROACH – the
explanation of crimes based on the Freudian
Theory, which traces behavior as the deviation
of the repression of the basic drives.
2. OBJECTIVE APPROACHES – It deals on
the study of groups, social processes and
institutions as influences to behavior.
 a. GEOGRAPHIC APPROACH – this approach
considers topography, natural resources,
geographical location, and climate lead an
individual to commit crime.
b. ECOLOGICAL APPROACH – it is concerned
with the biotic grouping of men resulting to
migration, competition, social discrimination,
division of labor and social conflict as factors to
crime.
c. ECONOMIC APPROACH – it deals with the
explanation of crime concerning financial
security of inadequacy and other necessities to
support life as factors to criminality.
d. SOCIO-CULTURAL APPROACH – those that
focus on institutions, economic, financial,
education, political, and religious influences to
crime.
3. CONTEMPORARY APPROACHES- This
approach is focused on the
psychoanalytical, psychiatric and
sociological explanations of crime in an
integrated theory – an explanatory
perspective that merges concepts drawn
from different sources.
FACTORS AFFECTING DEVELOPMENT AND
EXISTENCE OF CRIMES AND CRIMINALITY
1. GEOGRAPHICAL FACTORS
2. BIOLOGICAL FACTORS
3. PSYCHOANALYTICAL AND PSYCHIATRIC
FACTORS
4. SOCIOLOGICAL FACTORS
5. OTHER CRIMINOGENIC FACTORS
THE GEOGRAPHICAL FACTORS
Earlier criminologists correlated climate,
humidity, wind velocity, atmosphere pressure,
rainfull, nature of soil and other geographical
factors to the existence and development of
crimes and criminality.
1. NORTH AND SOUTH POLE
According to Quetelet “thermic law of
delinquency”, crimes against person
predominate in the south pole and during warm
season while crimes against property
predominate in the north pole and cold
countries.
2. APPROACH TO THE EQUATOR
According to Montesquieu (Spirit of
Laws, 1748) criminality increases in proportion
as one approach the equator and drunkenness
increases as one approach the north and south
pole.
3. SEASON OF THE YEAR
Crimes against person are more in
summer than in rainy season while crimes
against property are more during rainy season.
Climatic condition directly affect one’s
irritability and causes criminality.
4. SOIL FORMATION
More crimes of violence are recorded in
fertile level lands than in hilly rugged terrain.
There are more congregations of people and
7
there are more irritation. There are more
incidence of rape in level districts.
5. MONTH OF THE YEAR
There are more incidence of violent
crimes during warm months from April up to July
having its peak in May. This is due to festivals,
excursions, picnics, and other sorts of festivities
wherein people are more in contact with one
another.
6. TEMPERATURE
According to Dexter, the number of
arrests increases quite regularly with the
increase of temperature. The increase of
temperature affects the emotional state of the
individual and leads to fighting. The influence of
temperature upon females is greater than males.
7. HUMIDITY AND ATMOSPHERE PRESSURE
According to survey, large numbers of
assaults are to be found correlated with low
humidity and small number with high humidity.
It was explained that low and high humidity are
both vitally and emotionally depressing to the
individual.
8. WIND VELOCITY
Under the same study, it was explained
that during high wind, the number of arrest were
less. It maybe due to the presence of more
carbon dioxide in the atmosphere that lessen the
vitality of men to commit violence.
THE BIOLOGICAL FACTORS
 Man as a living organism has been the
object of several studies which has the purpose
of determining the causes of crimes.
1. PHYSIOGNOMY
This is the study of the relationship
between the facial features and human conduct
of a person in relation to his crimes. This study
was used by Beccaria in 1764 and Lavator in
1775 wherein they both stated that the way to
discover the character of a person is by:
a. observation of physical appearance
b. measurement of the outside appearance
NOTA BENE:
Both claimed that bald men, bearded
women, shifty eye, weak chin, and arrogant nose
are inclination to commit crimes.
2. CRANIOLOGY OR PHRENOLOGY
This is the study of the external formation
of the skull that indicates the conformation of the
brain and the development of its various parts in
relation to the behavior of the criminal. Franz
Joseph Christaph Spurzheim claimed in his study
that the shape of the head of the criminals differs
from that of the non-criminals. The theory,
however was found without scientific basis.
3. STUDY OF PHYSICAL DEFECTS AND
HANDICAPPED IN RELATION TO CRIMES
Leaders of notorious criminal groups are
usually nicknamed in accordance with their
physical defects and handicapped such as funny
words like Dorong pilay, Densiong Unano,
Roger Komang, and others.
4. STUDY OF HEREDITY AS CAUSES OF CRIMES
The common households expressions
like; “It is in the blood” and “ like father like
son”, are usually heard and said whenever there
are several members in the family are criminals.
Accordingly, heredity transmits single traits and
characteristics from parents to offspring is used
to determine the nature of the parents and
nature of their crimes.
SOME PROOFS TO SHOW THE ROLE OF
HEREDITY IN THE DEVELOPMENT OF
CRIMINALITY
A. STUDY OF KALLIKAK FAMILY TREE
(GODDARD)
Martin Kallikak was a soldier of the
American revolutionary war and while stationed
in a small village he met and had illicit relations
with a feebleminded girl. About 489
descendants from this lineage were traced
which included 143 feeble-minded and only 46
were normal. Thirty-six were illegitimate, 3
were epileptics, 3 criminals, 3 kept brothels and
82 died in infancy.
B. STUDY OF JUKE FAMILY TREE (DUGDALE
AND ESTABROOK)
The Juke family consisted of 6 girls some
of whom were illegitimate. One of the six
sisters, Margaret Ada Juke was known as the
Mother of Criminals. Dugdale traced the 1,200
8
descendants for 75 years from its origin and
found 280 as paupers, 140 criminals, 60 habitual
thieves, 300 infants prematurely born, 7
murderers, 50 prostitutes, 440 contaminated
with sexual diseases, and 30 were prosecuted
for bastardy.
C. STUDY OF SIR JONATHAN EDWARDS
FAMILY TREE
Sir Jonathan Edwards was a famous
preacher during the colonial period. When his
family tree was traced, none of the descendants
was found to be criminal. On the other hand,
many became presidents of the United States,
governor, members of the supreme court,
famous writers, preachers and teachers.
THE PSYCHOANALYTIC AND PSYCHIATRIC
FACTOR
MENTAL DISTURBANCES AS CAUSES OF
CRIMES
The following are cases of mental
disturbances which are sometimes the causes of
criminality and the development of criminal
behavior.
1. MENTAL DEFICIENCY – a condition of
arrested or incomplete development of the mind
existing before the age of 18, whether arising
from inherent causes or induced by disease or
injury. Mentally deficient persons are prone to
commit damage to property and unnatural sex
offenses. They may commit violent crimes but
definitely not crimes involving the use of
mentality.
CLASSES OF MENTAL DEFICIENCY:
a. IDIOTS – persons whose case there
exist mental defectiveness of such a degree that
they are unable to guard themselves against
common physical dangers. Their mentality is
compared to a 2 years old person.
b. IMBECILES – persons in whose case
there exist mental defectiveness which though
not amounting to idiocy, is yet so pronounced
that they are incapable of managing themselves
or their affairs. Their mentality is like a child of 2
to 7 years old.
c. FEEBLE-MINDED PERSONS – those in
whose case there exist mental defectiveness
which though not amounting to imbecility, is yet
so pronounced that they require care,
supervision, and control for their own or for the
protection of others, or in the case of children,
they appear to be permanently incapable by
reason of such defectiveness or receiving
proper benefit from the instruction in ordinary
schools.
d. MORAL DEFECTIVENESS – persons
wherein mental defect exists coupled with
strong vicious or criminal propensities, and who
require care and supervision, and control for
their own or for the protection of others.
2. SCHIZOPRENIA – This is sometimes called
dementia praecox which is a form of psychosis
characterized by thinking disturbance and
regression to a more relatively impaired and
intellectual functions are well preserved. The
personal appearance is dilapidated and the
patient is liable to impulsive acts, destructively
and may commit suicide.
3. COMPULSIVE NEUROSIS – This is the
uncontrollable or irresistible impulse to do
something. There may be an active desire to
resist the irrational behavior but prevented by
the unconscious motives to act out his difficulty
or to suffer miserably in his fear.
Forms of compulsive neurosis:
1. Pyromania – compulsive desire to set fire
2. Homicidal compulsion – the irresistible urge
to kill somebody
3. Kleptomania – the compulsive desire to steal
4. Dipsomania – the compulsive desire to drink
alcohol
4. PSYCHOPATHIC PERSONALITY – this is
the most important cause of criminality among
youthful offenders and habitual criminals. It is
characterized by infantile level of response, lack
of conscience, deficient feeling of affection to
others and aggression to environment and other
people.
5. EPILEPSY – This is a condition characterized
by convulsive seizures and a tendency to mental
deterioration. The seizure maybe extreme loss
of consciousness. During the attack the person
9
become muscularly rigid, respiration ceases,
froth on the mouth and tongue maybe bitter.
Types of Epilepsy:
1. Grand Mal – there is complete loss of
consciousness and general contraction of the
muscles.
2. Petit Mal – mild or complete loss of
consciousness and contraction of muscles.
3. Jacksonian type – localized contraction of
muscles with or without loss of consciousness.
6. ALCOHOLISM – this is a form of vice
causing mental disturbance. It is a condition
wherein a person is under the influence of
intoxicating liquor or alcohol. His physical
condition and behavior had been modified to a
certain extent by the effects of alcohol. This
causes the habitual drunkard to commit
violence, crime and delinquency to minors.
7. DRUG ADDICTION – this is another form of
vice which causes strong mental disturbance. It
is the state of periodic or chronic intoxication
produced by the repeated consumption of
natural or synthetic drugs.
THEORIES OF CRIME:
1. Early Beginnings
a. The Demonological Theory
According to this theory, individuals
were thought to be possessed by good or evil
spirits, which caused good or evil behavior. The
theory maintains that criminal behavior was
believed to be the results of evil spirits and
demons something of natural force that controls
the behavior of man.
2. Pre-Twentieth Century (18th C – 1738-1798)
a. The Classical School of Criminology
This is the school of thought
advocated by CESARE BECCARIA whose real
name is CESARE BONESARA MARCHESE DE
BECCARIA together with JEREMY BENTHAM
(1823).
The Classical Theory maintains
that man is essentially a moral creature with
absolute FREE WILL to choose between good
and evil. Therefore, stress is placed upon the
criminal himself; that every man is responsible
for his act.
FREE WILL (Beccaria) – a philosophy
advocating punishment severe enough for
people to choose, to avoid criminal acts. It
includes the belief that a certain criminal act
warrants a certain punishment without any
variation.
HEDONISM (Bentham) – the belief that people
choose pleasure and avoid pain.
b. The Neo-Classical School of Criminology
The Neo-Classical of Criminology argued
that situations or circumstances that made it
possible to exercise free will are reasons to
exempt the accused from conviction.
c. The Positivist/ Italian School (1838-1909)
The school that composed of Italians who
agreed that in the study of crime the emphasis
should be on scientific treatment of the criminal,
not the penalties to be imposed after conviction.
It maintained that crime as any other act is
a natural phenomenon and is comparable to
disaster or calamity. That crime as a social and
moral phenomenon which cannot be treated and
checked by the imposition of punishment but
rather rehabilitation or the enforcement of
individual measures.
CLASSIFICATIONS OF CRIMINALS BY
LOMBROSO:
1. Born Criminals – there are born criminals
according to Lombroso, the belief that criminal
behavior is inherited.
2. Criminal by Passion – are individuals who
are easily influenced by great emotions like fit of
anger.
3. Insane Criminals – are those who commit
crime due to abnormalities or psychological
disorders.
4. Criminoloid – a person who commit crime
due to less physical stamina/ self control.
5. Occasional Criminal – are those who
commit crime due to insignificant reasons that
pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in
self-defense.
10
ENRICO FERRI – He was the best known
Lombroso’s associate. His greatest contribution
was the attack on the classical doctrine of
freewill, which argued that criminals be held
morally responsible for their crimes because
they must have made a rational decision to
commit the crime.
RAFFAELLE GAROFALO – Another follower of
Lombroso, who also rejected the doctrine of
freewill and supported the position that the only
way to understand crime was to study it by
scientific methods. Influenced on Lombroso’s
theory of atavistic stigmata (man’s inferior/
animalistic behavior), he traced the roots of
criminal behavior not to physical features but to
their psychological equivalents, which he called
“moral anomalies”.
TYPES OF CRIMINAL BY GAROFALO:
1. Murderers – those who are satisfied from
vengeance or revenge.
2. Violent Criminals – those who commit very
serious crimes.
3. Deficient Criminals – those who commit
crime against property.
4. Lascivious Criminals – those who commit
crime against chastity.
3. EARLY TWENTIETH CENTURY
a. David Emile Durkheim – He
advocated the ANOMIE THEORY, the theory that
focused on the sociological point of the positivist
school which explains that the absence of norms
in a society provides a setting conducive to
crime and other anti-social acts. According to
him, the explanation of human conduct lies not in
the individual but in the group and the social
organization.
b. Sigmund Freud – This view on criminal
behavior was based on the use of Psychology in
explaining an approach in understanding
criminal behavior. His theory Psychoanalytical
maintains that:
1. Criminal behavior is a form neurosis,
that criminality may result from an over active
conscience.
2. Crime is the result of the compulsive
need for punishment to alleviate guilt and
anxiety.
3. Criminal behavior is a means of
obtaining gratification of need.
4. Criminal conducts represent a
displaced hostility. Criminality is essentially a
representation of psychological conflict.
c. Robert Ezra Park – He advocated the
HUMAN ECOLOGY THEORY. This theory
maintains that crime is a function of social
change that occurs along with environmental
change. It also maintains that the isolation,
segregation, competition, conflict, social
contract, interaction and hierarchy of people are
the major influences of criminal behavior and
crimes.
4. MIDDLE TWENTIETH CENTURY
a. Ernest Kretschmer – He distinguished
the three principal types of physique.
1. Asthenic – lean, slightly built, narrow
shoulders
2. Athletic – medium to tall, strong,
muscular, course bones
3. Pyknic – medium height, rounded
figure, massive neck, broad face
4. Dysplastic or mixed type – those who
are less clear evident having any predominant
type. Their offenses are against decency and
morality.
b. William H. Sheldon – He advocated the
SOMATOTYPING THEORY. His key ideas are
concentrated on the principle of “Survival of the
Fittest” as a behavioral science. He maintains
the belief of inheritance as the primary
determinants of behavior and the physique is a
reliable indicator of personality.
CLASSIFICATION OF BODY PHYSIQUE BY
SHELDON:
a. Endomorphy – a type of relatively
predominance of soft, roundness
throughout the regions of the
body. They have low specific
gravity. Persons with typically
relaxed and comfortable
disposition.
11
b. Mesomorphy – athletic type,
predominance of muscle, bone
and connective tissue, normally
heavy, hard and firm, sting and
tough. They are the people who
are routinely active and
aggressive, and they are the most
likely to commit crimes.
c. Ectomorphy – thin physique, flat
chest, delicacy through the body,
slender, poorly muscled. They
tend to look more fatigue and
withdrawn.
c. Edwin Sutherland – Dean of Modern
Criminology. He advocated the DIFFERENTIAL
ASSOCIATION THEORY, which maintains that
the society is composed of different group of
people having criminalistics tradition and anti-
criminalistics tradition. And that criminal
behavior is learned and not inherited. It is
learned through the process of communication,
and learning process includes technique of
committing the crime, motive and attitude.
POSTULATES OF DIFFERENTIAL
ASSOCIATION THEORY:
1. That criminal behavior is learned
This conclusion negates the theory
that criminal behavior is inherited. Likewise,
criminal behavior is not invention by the
criminal himself but learned in the process of
association with others.
 2. That criminal behavior is learned in
the process of communication with other
persons. The communication with other persons
in the process of learning criminal behavior
could either be verbal or thru imitation.
3. That the principal part of learning
occurs within the intimate personal group
Group unity among the criminal
gang is the most effective vehicles of influencing
other to learn and adopt criminal behavior. This
is due to the fact that loyalty, faith and belief
among each other must prevail for the group to
survive as one.
4. That upon learning criminal behavior,
the criminal learns the techniques of committing
crimes, its motives, drives and rationale.
5. The learning process may vary in
frequency, duration, priority and intensity.
6. That while criminal behavior is an
expression of general needs and values, it is not
explained by those general needs and values
since non-criminal behavior is an expression of
the same needs and values
Thieves generally steal in order to
secure money, but likewise honest laborers
work in order to secure money. The need or
value may be happiness principles, striving for
social status or money motive.
d. Walter Reckless – He advocated the
CONTAINMENT THEORY. This theory is a form
of control, which suggests that a series of both
internal and external factors contributes to
criminal behavior.
5. LATE 20th CENTURY:
THE CONTEMPORARY PIONEERS
a.Robert King Merton – He advocated the
STRAIN THEORY, which maintains that the failure
of man to achieve a higher status of life caused
them to commit crimes in order for that status or
goal to be attained. He argued that crime is a
means to achieve goals and the social structure
is the root of the crime problem. He also
explains that criminal behavior assumes that
people are law abiding but when under great
pressure will result to crime.
b. Albert Cohen – He advocated the SUB-
CULTURE THEORY of delinquency. He claims
that the lower class cannot socialize effectively
as the middle class in what is considered
appropriate middle class behavior. Thus, the
lower class gathered together share their
common problems, forming subculture that
rejects middle class values.
c. Gresham Sykes – He advocated the
NEUTRALIZATION THEORY. It maintains that an
individual will obey or disobey societal rules
depending upon his or her ability to rationalize
whether he is protected from hurt or destruction.
People become law abiding if they feel they are
benefited by it and they violate it if these laws
are not favorable to them.
d. Lloyd Ohlin – He advocated the
DIFFERENTIAL OPPORTUNITY THEORY. This
12
theory explained that society leads the lower
class to want things and society does things to
people.
TYPES OF GANG:
1. The Criminal Gang – a gang that focuses on
crimes that will earn them money. This gang
usually try to stay out of sight and will only
recruit new members based on potential skills in
crimes such as burglary. This gang requires a
stable neighborhood to work in.
2. The Conflict Gang – a gang that is found in
more transient neighborhoods. The focus of this
gang is obtaining status through toughness.
Loyalty to the gang is all important. The status in
the gang is determined by the appearance of
being tough.
3. The Retreatist Gang – is a group who does not
have the skills of the criminal gang or the ability
to make it in the conflict gang. This group will
simply hang out together around the behavior of
doing drugs or drinking or possibly sex.
e. Frank Tennenbaum, Edwin Lemert,
Howard Becker – They are the advocates of the
LABELLING THEORY – the theory that explains
about social reaction to behavior. The theory
maintains that the original cause of crime cannot
be known, no behavior is intrinsically criminal,
behavior becomes criminal if it is labeled as
such.
f. Earl Richard Quinney – One who advocated
the INSTRUMENTALIST THEORY if capitalist rule.
He argued that the state exist as a device for
controlling the exploited class – the class that
labors for the benefit of the ruling class. He
claims that upper classes create laws that
protect their interest and at the same time the
unwanted behavior of all other members of
society.
6. OTHER THEORIES:
a. Charles Darwin – He advocated the
THEORY OF EVOLUTION. He claimed that
humans, like other animals, are parasite. Man is
an organism having an animalistic behavior that
is dependent on other animals for survival.
Thus, man kills and steal to live.
b. Adolphe Quetelet – He pioneered
Cartography and CARTOGRAPHICAL SCHOOL
OF CRIMINOLOGY that placed emphasis on
social statistics. He discovered, based on his
research, that crimes against persons increased
during summer and crimes against property
tends to increase during winter.
c. Montesquieu - he advocated the Spirits of
Laws, he said that criminality increases in
proportion as one approach the equator and
drunkenness increases as one approaches of the
north and south pole.
d. SOCIAL CONTRACT THEORY – it views
that persons’ moral and/or political obligations
are dependent upon a contract or agreement
between them to form society. It is likewise
associated with modern moral and political
theory and is given its first full exposition and
defense.
e. OPERANT CONDITIONING by B.F.
Skinner – is based upon the idea that learning is
a function of change in overt behavior. Changes
in behavior are the result of an individual’s
response to events that occur in the
environment.
f. BEHAVIORISM APPROACH by John Watson
– it views man as an animal to the same laws of
stimulus-response that he observes in his animal
experiments. It also holds that the subject
matter of human psychology is the behavior of
the human being. Behaviorism claims that
consciousness is neither a definite nor a usable
concept.
g. DIFFERENTIAL REINFORCEMENT
THEORY by Ronald Akers – it tries to
incorporate the psychological principles of
operant conditioning, and held that even
nonsocial situations could reinforce learning
criminal behavior.
i. LIBERAL FEMINISM – is that personal
rights that should predominate over concerns
for social good. The liberal feminist wants to
free women from oppressive gender roles. This
focus bears a similarity to the existentialist
position which seeks equality of rights and
freedoms between women and men. Liberal
feminist contends that a woman is free to enter
into contracts.
13
j. RADICAL FEMINISM – it seeks the root
cause of women’s oppression. It is the
standpoint as may be expressed as viewing the
division in all societies as that between men and
women and stating that men are the oppressors
of women. Radical feminist does not believe that
a prostitute’s desire to enter into such a contract
is done of her own free will.
THE CRIMINAL FORMULA:
In explaining the birth of criminal
behavior, we must consider three factors:
criminalistic tendency (T), the total situation (S),
and the person’s mental and emotional
resistance to temptation (R). These factors then
can be put into formula as:
C= T+S
R
WHERE:
C = Crime or Criminal behavior (the act)
T = Criminal Tendency (desire/ intent)
S = Total Situation (opportunity)
R = Resistance to temptation (control)
CAUSES OF CRIME
1. PERSONAL AND FAMILY PATHOLOGY – The
most common forms of psychopathology
associated with serious crimes appear to be
antisocial personality. Alcoholism, drug
dependence, severe life stress, particularly
relation to personal pathology, also appear to be
important factors in triggering impulsive acts of
violence and other antisocial behavior. Many
criminals who show pervasive personal
pathology come from homes torn by conflict and
distention, and most often, resulting in parental
separation. These characteristics appear to be
particularly common among prison inmates who
have committed crimes of violence.
2. SOCIOCULTURAL INFLUENCES – The values
of the large community are often held in low
repute and often rejected because of
widespread feelings of helplessness and
hopelessness coupled with hostility of
established authority.
THE STUDY OF CRIMINAL BEHAVIOR:
CRIMINAL PSYCHOLOGY – is a sub-field of
general psychology where criminal behavior is
only, in part by which phenomena psychologists
choose to study. It may be defined as the study
of criminal behavior, the study of criminal
conduct and activities in an attempt to discover
recurrent patterns and to formulate rules about
his behavior.
BEHAVIOR – refers to actions or activities.
- it is the observable actions and reactions
that can be seen and verified.
CLASSIFICATION OF BEHAVIOR:
1. Normal behavior (adaptive or adjusted
behavior) – the standard behavior, the
totality accepted behavior because they
follow the standard norms of society.
2. Abnormal behavior (maladaptive or
maladjusted behavior) – A group of
behaviors that are deviant from social
expectations because they go against the
norms or standard behavior of society.
KINDS OF BEHAVIOR:
1. Overt behaviors – behaviors that are
outwardly manifested or those that are
directly observable.
2. Covert behavior – are behaviors that are
hidden.
3. Conscious behavior – when acts are
within the level of awareness.
4. Unconscious behavior – when acts are
embedded in one’s subconscious –
unaware.
5. Rational behavior – when a person acted
with sanity or reason.
6. Irrational behavior – when the person
acted with no apparent reason or
explanation.
7. Voluntary behavior – is an act done with
full volition of will such as when we
discriminate, decide or choose.
8. Involuntary behavior – refers to the bodily
processes that foes on even when we are
awake or asleep like respiration,
circulation and digestion.
14
ASPECTS OF BEHAVIOR:
1. Intellectual aspect – this aspect of
behavior pertains to our way of thinking,
reasoning, solving problem, processing
info and coping with the environment.
2. Emotional aspect – this pertains to our
feelings, moods, temper, and strong
motivational force.
3. Social aspect – this pertains to how we
interact or relate with other people.
4. Moral aspect – this refers to our
conscience and concept on what is good
or bad.
5. Psychosexual aspect – this pertains to our
being a man or a woman and the
expression of love.
6. Political aspect – this pertains to our
ideology towards society or government.
7. Value/attitude – this pertains to our
interest towards something, our likes and
dislikes.
MULTIPLE FACTORS THAT MOTIVATE MAN
TO COMMIT CRIME:
A. BIOLOGICAL
This approach is from the point of view
of physiological organism. Biological
explanation of criminality assumes that
individuals vary in behavior because of their
biological structural differences.
1. Heredity
 Taft cited in his book that heredity is one
factor or cause of crime. Heredity is the
transmission of physical and mental
characteristics from parents to offspring. The
existence of genetic factor in predisposing an
individual to mental illness. Premises of
biological factors view the belief that biological
inheritance of crime is based on the following
assumptions:
a. Is that criminal act itself is
inherited under this view. It is
noted that there must be some
direct connection between
biological structure and the
behavior which is assumed to be
inherited.
b. A schizophrenic person possesses
a tense and oversensitive
temperament while a person
suffering from manic phase of the
manic depressive psychosis is
easily irritated and angered, and
becomes abusive whenever his
desires are blocked.
2. Endocrine gland or constitutional elements of
the body with certain personality disorder
a. Neurosis – is any kind of the mental
functional disorders characterized by anxiety,
compulsion, phobia, depression, disassociation,
etc.
b. Psychosis – is a major mental disorder in delinquency. This is the only
which personality is very seriously disorganized institution which is in a better
and contact with reality is usually impaired. position to mold a child to become a
3. Anatomical structure or Physical disease or law abiding and useful member of
disorder the society.
This explanation or type of biological b. Religion
factor of criminality assumes that individuals c. The police
vary in behavior because their biological d. The government
structures differ. An early example is e. The prosecution
PHYSIOGNOMY or art of discovering character f. The court
by observation and measurement of outward g. Correctional institutions
appearances especially the face.
B. PERSONALITY PSYCHOLOGY OF CRIMES
This approach is very similar to the Many years ago, William James (1890)
biological theory and cannot be sharply epitomized psychology as “the science of
differentiated from it. Accordingly, mental life.” It is the discipline that put together
feeblemindedness causes crime for the reason all those who have a profound interest in the
that a feebleminded individual is unable to mind and its workings, in people and the lives
appreciate the meaning of law or to unforesee they live.
the consequences of his act. Psychologists and sociologists share an
C. ENVIRONMENTAL: PRIMARY SOCIAL interest in crimes of violence but disagree
GROUPS sharply over their likely causes. Analogous
a.The Home – The Home has well been called conflicts arise continually, and three or more
the “cradle of human personality,” for in it, the disciplines sometimes stakes a claim, as has
child forms fundamental attitudes and habits that happened in the field of sex and gender and
endure throughout his life. psychological differences between man and
b.Bad neighborhood woman.
c.Broken Home
D. ENVIRONMENTAL: BROADER SOCIAL DETERMINANTS OF PERSONALITY
PROCESS DEVELOPMENT
a. School – The school is in a strategic 1. HEREDITY – Biological inheritance
position to prevent crime and influences the development of some personality
15
traits and characteristics of the individual from
parents to offspring. Its influence is most
noticeable in physical features, and it may also
influence to a certain extent, the primary
reaction tendencies.
2. ENVIRONMENT – Individuals reared
in societies that do not sanction violence learn to
settle their differences in non-violent ways. It is
assumed that the more uniform and thorough the
education of the younger members of a group is,
the more alike they would become. Every
individual interacts with various members of
society, basically beginning with the family
members and other prominent persons in the
community. Much of an individual’s personality
development reflects experiences with whom he
interacts.
3. SELF-STRUCTURE – As the baby grows
and starts to learn and discern between self and
non-self, a part of the total perceptual area is
gradually delineated as the “me, I or self.”
When this self structure develops, it also
automatically becomes the integrating core of
the personality, the framework or reference
around which the individuals experiences and
coping patterns the self as knower, desirer, and
doer.
IMPORTANT PERSONALITIES IN
PERSONALITY DEVELOPMENT
1. SIGMUND FREUD – (1856-1939) He
emphasized the role of unconscious processes
and psychosexual stages in the determination of
behavior. He is the founder of psychoanalysis.
2. C.G. JUNG – (1875-1961) He focused on the
collective unconscious and inner self-
experience in behavior determination.
3. ALFRED ADLER (1870-1937) and KAREN
HORNEY (1885-1952) - They expand the focus of
psychoanalytic thought to include social
environment factors in the development of
personality.
4. E.L. THORNDIKE (1874-1949) - He is known
for his law of effect which states that rewarded
responses are strengthened and unrewarded
responses are weakened which laid the
foundations of understanding, learning and
suggested means for the control of human
behavior.
5. J. B. WATSON (1878-1958) - He introduced
behaviorism approach which changed the focus
of psychology from the study of inner sensation
to the study of outer behavior.
6. B. F. SKINNER (1904) - He formulated the
concept of operant conditioning as a kind of
conditioning in which reinforces could be used
to make a response more or less probable and
frequent.
7. ALBERT BANDURA (1925) - He pioneered the
study of modeling. He clarified and integrated
learning principles in the causation and
treatment of maladaptive behavior in his
important book, Principles of Behavior
Modification.
16
8. DONALD H. MELCHENBAUM (1940) - He
made important recent contributions to the
cognitive behavioral approach changing
maladaptive behavior through the modification
of people’s self-statements.
PATTERNS AND THE DIRECTIONS OF
DEVELOPMENT
1. DEPENDENCE TO SELF-DIRECTION - This
starts from dependency of fetus, infant, and child
to the independence and self-direction. This
development is a clear manifestation of personal
identity and the acquisition of formation,
competencies and values.
2. PLEASURE TO REALITY – Freud had
postulated the pleasure principle, the tendency
to seek pleasure and avoid pain and discomfort.
This is fundamental in governing early behavior
of the individual. This simply means
distinguishing between infancy and reality.
3. IGNORANCE TO KNOWLEDGE – The human
being, is in the total state of ignorance; but
gradually, begins to acquire information about
himself and the environment around him.
4. INCOMPETENCE TO COMPETENCE – This
entire period of infancy through adolescence is
premised toward the mastery of intellectual,
emotional, social and other related
competencies that are necessary for adulthood.
5. DIFFUSE TO ARTICULATED SELF-IDENTITY –
The emergence of the identity of the child is a
gradual process and its first manifestations
involve the infant’s differentiation of self from
the surrounding environment.
6. AMORAL TO MORAL – Newborn infants are
amoral in the sense that they have no concept of
right and wrong. In the early years, children
learn that certain forms of behavior are
approved, or good while other forms are
disapproved or bad.
HIERARCHY OF NEEDS – Abraham Maslow
has suggested that human needs form of
hierarchy from the basic biological
requirements to the needs of self-actualization.
1. PHYSIOLOGICAL NEEDS – these are the basic
needs for sustaining life such asbfood and water.
2. SECURITY OR SAFETY NEEDS – these are
needs to be free from any physical danger.
3. AFFILIATION OR ACCEPTANCE NEEDS –
people are social beings; and
therefore, they need to belong and to be
accepted by others.
4. ESTEEM NEEDS – Maslow views that once
people begin to satisfy their needs to belong
they aspire to be held in esteem both by
themselves and by others.This type of need
produces satisfaction such as power, status, self-
confidence and self-worth.
5. NEEDS FOR SELF-ACTUALIZATION – Maslow
regard this need as the apex of all needs in the
hierarchy. This is the desire and aspiration of an
individual to become what one is capable of
becoming to maximize one’s potential and to
accomplish something that is worthy of
recognition.
FRUSTRATION – is the thwarting of a need or a
desire normally occurs either by obstacles that
block progress toward a desired goal or the
absence of an appropriate goal.
CONFLICTS COPING MECHANISMS
1. APPROACH – AVOIDANCE CONFLICTS –
involves strong tendencies both to approach and
to avoid the same goal. Approach avoidance
conflicts are sometimes referred to as “mixed-
blessing” dilemmas because some negative and
some positive features must be accepted
regardless of which course of action is chosen.
2. DOUBLE – APPROACH CONFLICTS – involves
choosing between two or more desirable goals,
such as which of two movies to see on the free
night of the week. To a large extent, such simple
conflicts result from the inevitable limitations in
one’s time, space, energy, and personal and
financial resources.
3. DOUBLE – AVOIDANCE CONFLICTS – are
those in which the choice is between more or
less equally undesirable alternatives, such as
going to an outing when you would prefer to
stay at home. Neither choice will bring
satisfaction so the task is to decide which course
of action will be less disagreeable.
17
EGO DEFENSE MECHANISMS
1. DENIAL OF REALITY – This is an attempt
made to screen out disagreeable realities by
ignoring them. It may be inferred that the
simplest and perhaps most primitive of all self-
defense mechanism is denial of reality.
2. FANTASY - Frustration is usually overcome
by the imaginary achievement of goals and
meeting needs. This is the conquering hero and
suffering hero patterns.
3. REPRESSION – This another type of defense
mechanism by means of threatening or painful
thoughts and desires. It affords sudden,
traumatic experiences until time has
desensitized the individual to the shock.
4. RATIONALIZATION – This type of defense
mechanism is justifying maladaptive behavior
by faculty logic or inability to achieve the
desired goal. Rationalization has two defensive
values: 1) it helps justify specific behavior, and
2) it aids in softening the disappointment
connected with unattainable goals.
5. PROJECTION – This is manifested when
others are seen as responsible for one’s own
shortcomings, misdeeds and mistakes.
Projection is commonly called transfer of blame.
6. REACTION FORMATION – It has adjustive
value in helping the individual maintain socially
approved behavior and avid awareness of self-
devaluating desires.
7. DISPLACEMENT – There is a shift of emotion
or symbiotic meaning away from the person or
object toward which it was originally directed to
another person or object. In most cases,
displacement involves difficult emotions, such as
hostility and anxiety.
8. EMOTIONAL INSULATION – In this situation,
the individual reduces emotional involvement
that is perceived as disappointing and hurtful.
Emotional insulation provides a protective
mechanism that prevents a repetition of
previous pain, but it reduces the individual’s
healthy, vigorous participation in life.
9. INTELLECTUALIZATION – It can be employed
under extremely stressful conditions in dealing
with the milder stressor of everyday life. It was
found out the this mechanism was often used by
prisoners awaiting execution.
10. UNDOING OR ATONEMENT – It is designed
to negate or annul some disapproved thought,
impulse or act. Making an apology for wrong
doers, repentance, doing penance, and
undergoing punishment are all types of
undoing.
11. REGRESSION – It is a more generalized
reaction than merely trying out older modes of
response when new ones have failed. In this, the
individual retreats from reality to a less
demanding personal status-one that involves
lowered aspirations and readily accomplishes
satisfaction.
12. IDENTIFICATION – It often takes place in
imitative learning. When a boy identifies with
his father and uses him as a model, this may also doing so. This individual seems unable to
operate as a defense mechanism. express his feelings and is seen by others as
13. INTROJECTION – It involves the acceptance cold and detached. He often lacks social skills
of other’s values and norms as one’s own even if and can be classified as lower, with solitary
they are contrary to one’s assumptions. interest and occupation. A person characterized
14. COMPENSATION – Compensatory reaction with schizoid personality illustrates a severe
are defenses against feelings of inferiority and personality problem in an individual who was
inadequacy which have grown out of real or functioning adequately as judged both by
imagined personal defects and other forms of occupational criteria and by his own standard of
weaknesses. happiness.
3. SCHIZOTYPAL PERSONALITY – This type of
personality is characterized by seclusiveness,
CLASSIFICATION OF PERSONALITY oversensitivity, avoidance and eccentricities of
DISORDERS communication and behavior. These individuals
1. PARANOID PERSONALITY – A person are egocentric and frequently, tend to see
suffering from paranoid personality is chance events as related to themselves.
characterized by hypersensitivity, envy, 4. HISTRONIC PERSONALITY – Is characterized
suspiciousness, rigidity, excessive self- by excitability, emotional instability, immaturity,
importance and argumentativeness. They have a craving for excitement, and self-dramatization.
also the tendency to blame others for their These persons usually show dependence and
mistakes and failures and to ascribe evil motives helplessness and are quite gullible. They are
to others. These individuals are constantly self-centered, vain and have a tendency to be
expecting trickery and looking for clues to overconcerned about approval from others and
validate their expectations, while virtually are insincere.
disregarding all evidence to the contrary. They 5. NARCISSISTIC PERSONALITY - It is
are typically envious of those in high positions characterized by an exaggerated sense of self-
and disdainful of those who seem weak but importance. These individuals constantly
possess power and rank. expect and demand special treatment from
2. SCHIZOID PERSONALITY – An individual others. They are interpersonally exploitive in
suffering from schizoid personality is serving their own goals, disregarding the rights
characterized by the inability to form and relate and feelings of others.
social relationships and a lack of interest in
18
6. ANTI-SOCIAL PERSONALITY – Is
characterized by virtually violating the rights of
others through aggressive, unethical, anti-social
behavior without remorse to anyone.
7. BORDERLINE PERSONALITY – Is
characterized by instability, reflected in drastic
mood shifts and other related behavior
problems. In more cases, these individuals
display intense anger outburst with little
provocation.
8. AVOIDANT PERSONALITY – is characterized
by hypersensitivity to rejection and
apprehensive alertness to any sign of social
derogation. These persons readily see ridicule
where none was intended.
9. DEPENDENT PERSONALITY – is characterized
by extreme dependence on other people.
These persons usually build their lives around
other persons involved with them. They lack
self-confidence and social skills and feel
helpless even when they have actually
developed good work skills and other work
competencies.
10. COMPULSIVE PERSONALITY – is
characterized by excessive concern with rules,
order, efficiency and work coupled with
insistence that everyone does things his way and
has the ability to express warm feelings.
11. PASSIVE-AGGRESSIVE PERSONALITY – is
characterized by hostility expressed in indirect
and non-violent ways. These persons resent and
manage not to comply with the demands others
make on them.
STUDY OF CRIME VICTIMS:
VICTIMOLOGY – is simply the study of victims of
crimes and their contributory role, if any, in
crime causation. It is also the scientific process
of gaining substantial amounts of knowledge on
offender characteristics by studying the nature
of victims.
PIONEERS OF VICTIMOLOGY:
1. Hans Von Hentig – A German
criminologist who published an article
with the title “Remarks on the interaction
between perpetrator and victim” (1941).
He treated the victim as one of the
participants in crime. Victims were
classified according to the nature of
involvement in the criminal act. It was
thought that the study of victim’s role
might result in a better prevention of
crime.
TYPES OF VICTIM BY HANS VON HENTIG:
a. Depressive type – who was seen as an
easy target, careless and unsuspecting.
b. Greedy type – was seen as easily duped
because his/ her motivation for easy gain
lowers his/ her natural tendency to be
suspicious.
19
c. Wanton type – is particularly vulnerable
to stresses that occur at a given period of
time in the life cycle, such as juvenile
victims.
d. Tormentor type – the victim of attack from
the target of his abuse, such as the
battered woman.
GENERAL CLASSES OF VICTIMS BY
HENTIG:
a. The Young – the weak by virtue of age
and immaturity.
b. The Female – often less physically
powerful and easily dominated by males.
c. The Old – the incapable of physical
defense and the common object of
confidence scheme.
d. The Mentally Defective – those who are
unable to think clearly.
e. The Immigrant – those who are unsure of
the rules of conduct in the surrounding
society.
f. The Minorities – racial prejudice may lead
to victimization or unequal treatment by
the agency of justice.
2. Benjamin Mendelsohn – a criminal law
scholar who presented a paper in French at a
congress in Bucharest in which he coined the
term victimology. He drew attention to the part
played by victims in precipitating crimes of
violence, for example through provocation.

TYPES OF VICTIM BY MENDELSOHN:
a. The completely innocent victim – such a
person is an ideal victim in popular
perception. In this category placed
persons victimized while they were
unconscious, and the child victims.
b. Victims with only minor guilt and those
victimized due to ignorance.
c. The victim who is just as guilty as the
offender, and the voluntary victim.
Suicide cases are common to this
category.
d. The victim guiltier than the offender – this
category was described as containing
persons who provoked the criminal or
actively induced their own victimization.
e. The most guilty victim who is guilty alone
– an attacker killed by a would be victim
in the act of defending themselves were
placed into this category.
f. The imaginary victim – those suffering
from mental disorders, or those victims
due to extreme mental abnormalities.
PSYCHOLOGICAL TYPES OF VICTIMS:
1. The Depressed – those submissive by
virtue of emotional condition.
2. The Acquisitive or Greedy – the value or
act of wanting more propels such
individuals into victimization.
3. The Wanton or Overly Sensual – those
ruled by passion and thoughtlessly
seeking pleasure.
4. The Lonesome – similar to the acquisitive
type of victim, by virtue of wanting
companionship or affection.
5. The Heartbroken – those emotionally
disturbed by virtue of heartaches and
pains.
6. The Tormentor – the type of victim who
asked for it, often from his own family or
friends.
VICTIMS OF CRIME MODEL:
1. Stage of Impact and Disorganization –
during and immediately following the
criminal event.
2. Stage of Recoil – during which the victim
formulates psychological defenses and
deals with conflicting emotions of guilt,
anger, acceptance, and desire of
revenge.
3. Reorganization stage – during which the
victim puts his or her life back to normal
daily living. Some victims, however may
not successfully adopt the victimization
experience and a maladaptive
reorganization stage may last for many
years.
DISASTER VICTIM’S MODEL:
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1. Pre-impact stage – describe the state of
the victim prior to being victimized.
2. Impact or the stage at which victimization
occur.
3. Post impact stage – which entails the
degree and duration of personal and
social disorganization following
victimization.
4. Behavioral outcome – which describes the
victim’s adjustment to the victimization
experience.
CORRECTION OF CRIMINALS:
PENOLOGY – is the study of punishment for
crime or of criminal offenders. It includes the
study of control and prevention of crime through
punishment of criminal offenders. It is a term
derived from the Latin word “POENA,” which
means, pain or suffering.
Penology is otherwise known as Penal
Science. It is actually a division of criminology
that deals with prison management and the
treatment of offenders, and concerned itself with
the philosophy and practice of society in its
effort to repress criminal activities.
Principal Aims of Penology:
1. To bring light in the ethical barriers of
punishment, along with the motives and
purposes of society inflicting it.
 2. To make comparative study of penal laws
and procedures through history between
nations.
3. To evaluate the social consequences of
the policies enforced at a given time.
PENAL MANAGEMENT – is the manner or
practice of managing or controlling places of
confinement as in jails or prisons.
CORRECTION – is a branch of the Criminal
Justice System concerned with the custody,
supervision and rehabilitation of criminal
offenders. It is the field of criminal justice
administration, which utilizes the body of
knowledge and practices of the government and
the society in general involving the processes of
handling individuals who have been convicted
of offenses for purposes of crime prevention and
control.
CORRECTION AS A PROCESS – is the
reorientation of the criminal offender to prevent
him or her from repeating his delinquent actions
without the necessity of taking punitive action
but rather introduction of individual measures of
reformation.
CORRECTION ADMINISTRATION – it is the
study and practice of a systematic management
if jails or prisons and other institutions
concerned with the custody, treatment, and
rehabilitation of criminal offenders.
PUNISHMENT AND THE CRIMINAL:
PUNISHMENT – is the redress that the state takes
against an offending member of society that
usually involves pain and suffering. It is also the
penalty imposed on an offender for a crime or
wrongdoing.
ANCIENT FORMS OF PUNISHMENT:
1. Death Penalty – affected by
burning, beheading, hanging,
breaking at the wheels, pillory and
other forms of medieval
executions.
2. Physical Torture – affected by
maiming, mutilation, whipping,
and other inhumane or barbaric
forms of inflicting pain.
3. Social Degradation – putting the
offender into shame or humiliation.
4. Banishment or exile – the sending
or putting away of an offender
which was carried out either by
prohibition against coming into
specified territory such as an
island to where the offender has
been removed.
5. Other similar forms of punishment
like transportation and slavery.
21
Early Forms of Prison Discipline:
1. Hard Labor – productive works.
2. Deprivation – deprivation of everything
except the essential of existence.
3. Monotony – giving the same food is off
diet, or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity – we treat the prisoners alike,
the fault of one is the fault of all.
5. Mass Movement – mass living in
cellblocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or
languages on the part of prison staff to the
prisoners to degrade or break the
confidence of prisoners.
7. Corporal Punishment – imposing brutal
punishment or employing physical force
to intimidate a delinquent inmate.]
8. Isolation or Solitary Confinement – non-
communication, limited news, “the lone
wolf”.
PRISON – It is penitentiary, an institution for the
imprisonment of persons convicted of serious or
major crimes.
- a building, usually with cells, or other places
established for the purpose of taking safe
custody or confinement of criminals.
 - a place of confinement for those charged
with or convicted of offenses against the laws of
the land.
JAIL – It is a place for locking up of persons who
are convicted of minor offenses or felonies who
are to serve a short sentences imposed upon
them by a competent court, or for confinement
of persons who are awaiting trial or investigation
of their cases.
TYPES OF JAIL:
1. Lock- up Jails – is a security facility,
common to police stations, used for
temporary confinement of an individual
held for investigation.
2. Ordinary jails – is the type of jail
commonly used to detain a convicted
criminal offender to serve sentence less
than three years.
3. Workhouses, Jail farms or Camp – a
facility that houses minimum custody
offenders who are serving short
sentences or those who are undergoing
constructive work programs. It provides
full employment of prisoners, remedial
services and constructive leisure time
activities.
GENERAL CLASSIFICATION OF PRISONERS:
1. Detention Prisoners – those detained for
investigation, preliminary hearing, or
awaiting trial. They are the prisoners
under the jurisdiction of Courts.
2. Sentenced prisoners – offenders who are
committed to the jail or prison in order to
serve their sentence after final conviction
by a competent court. They are prisoners
under the jurisdiction of penal institutions.
3. Prisoners who are on safekeeping –
includes non-criminal offenders who are
detained in order to protect the
community against their harmful
behavior.
CLASSIFICATION OF SENTENCED
PRISONERS:
1. Insular or National Prisoners – those
sentenced to suffer a term of 3 years and 1
day to life imprisonment. Those
sentenced to suffer a term of
imprisonment cited above but appealed
the judgment and unable to file a bond for
their temporary liberty.
2. Provincial Prisoners – those persons
sentenced to suffer a term of
imprisonment from 6 months and 1 day to
3 years or a fine not more than 1, 000
pesos, or both; or those detained therein
waiting for preliminary investigation of
their cases cognizable by the RTC.
3. City Prisoners – those sentenced to suffer
a term of imprisonment from 1 day to 3
years or a fine of not more than 1,000
22
pesos or both. Those detained therein
whose cases are filed with the MTC.
Those detained therein whose cases are
cognizable by the RTC and under
preliminary investigation.
4. Municipal Prisoners – those confined in
municipal jails to serve an imprisonment
from 1 day to 6 months. Those detained
therein whose trial of their cases are
pending with the MTC.
THE COMMUNITY BASED TREATMENT
PROGRAMS:
Forms of Community Based Treatment
Programs:
1. PROBATION – It is a disposition whereby
a defendant, after conviction of an offense,
the penalty of which does not exceed 6
years of imprisonment, is released
subject to the conditions imposed by the
releasing court and under the supervision
of a probation officer.
2. PAROLE – is the process of suspending
the sentence of a convict after having
served the minimum of his sentence
without granting him pardon, and
prescribing the terms upon which the
sentence shall be suspended.
EXECUTIVE CLEMENCIES:
 1. AMNESTY – A general pardon extended
to a group of person, such a political
offenders purposely to bring about the
return of dissidents to their home and to
restore peace and order in the
community.
2. COMMUTATION – An act of the president
changing or reducing a heavier sentence
to a lighter one or a longer term into a
shorter term.
3. REPRIEVE – a temporary stay of the
execution of sentence especially the
execution of the death sentence.
4. PARDON – an act of grace extended to
prisoners as a matter of right, vested to
the Chief Executive as a matter of power.
INTRODUCTION TO CRIMINAL LAW:
CRIMINAL LAW – is that branch or division of
law, which defines crimes, treats of their nature,
and provides for their punishment.
CHARACTERISTICS OF CRIMINAL LAW:
1. GENERAL, in that, it is binding to all
persons who reside or sojourn in
Philippine territory. Incidentally, this
general characteristic of criminal law is
not applicable to the following instances:
(a) Treatise and laws of preferential
application, and (b) under the principles
of public international law.
2. TERRITORIAL, that is, it undertakes to
punish crimes committed within the
Philippine territory. Except the following:
(a) Should commit an offense while on
Philippine ship or airship; (b) should
forge or counterfeit any coin or currency
of the Philippines or obligations and
securities issued by the government of
the Philippines; (c) should be liable for
acts connected with the introduction into
the Philippines of the obligations and
securities mentioned in the preceding
number; (d) while being public officers or
employees, should commit an offense in
the exercise of their functions; or (e)
should commit any of the crimes against
national security and the law of nations,
defined in the Revised Penal Code.
3. PROSPECTIVE, in that, a penal law cannot
make an act punishable in a manner in
which it was not punishable when
committed. This characteristic is not
applicable, whenever a new statute
dealing with crime establishes conditions
more lenient or favorable to the accused.
But this exception has no application: (a)
where the law is expressly made
inapplicable to pending actions or
existing causes of action, and (b) where
the offender is a habitual criminal under
23
Rule 5 of Article 62 of the Revised Penal
Code.
ELEMENTS OF CRIME:
1. Act or Omission – Acts are positive while
omissions are negative. A wrongdoer is,
therefore, guilty of an act when he does
that which he should not do, and he is
guilty of a crime of omission when he
leaves undone that which he ought to do.
2. Act or Omission be voluntary – The act or
omission must be voluntary in order that a
person may be criminally liable for it.
Voluntariness in turn, presupposes
freedom of the will, intelligence, and
intent. Hence, there is no freedom of the
will if one is impelled by an irresistible
force, nor is there intelligence when the
act is committed during insanity and there
is no intent when the occurrence is the
result of unavoidable accident.
3. Act or omission be punishable by law – As
a general rule, a crime consists of (1) the
criminal act, and (2) the criminal intent,
otherwise known as the “mens rea.” The
crime is the action or omission which the
law forbids under pain or punishment.
The mens rea is the intending to do what
you know to be illegal.
STAGES IN THE COMMISSION OF A CRIME:
 1. Attempted crime – There is an attempt enforce the basic rules of any society, as Goals of the CJS
when the offender commences the expressed in its criminal law ➢ Important sub goals
commission of a crime directly by overt = The various components discharge a ⚫ Crime prevention

acts, but does not perform all the acts the vital responsibility of government. Without it, ⚫ Suppression of criminal conduct by
execution of which should produce the anarchy will prevail and no man would be apprehending the offender
felony, by reason of some causes or secured in his person or property. Other authors ⚫ Review the legality of the preventive and

accidents other than his own spontaneous speak only of three pillars – law enforcement, suppressive measures
desistance. courts and corrections with the prosecution ⚫ Judicial determination of guilt or
2. Frustrated crime – There is frustrated being substituted by the court pillar. innocence
crime when the offender performs all the = Philippine has decided to add a fifth ⚫ Proper disposition of those who had been

acts of execution which would produce pillar to its own concept of the CJS. That pillar is found guilty
the felony as a consequence but which the community. ⚫ Correction by socially approved means to

nevertheless, do not produce it by reason
of causes independent of his will.
3. Consummated crime – A crime is
consummated when the offender has
performed all the acts of execution and
the felony is actually accomplished.
PHILIPPINE CRIMINAL JUSTICE SYSTEM
Criminal Justice System defined: The system
or process in the community by which crimes
are investigated and the persons suspected
thereof are taken into custody, prosecuted in
court, and punished if found guilty, provisions
being made for their correction and
rehabilitation.
= The method by which the police,
prosecution, courts and correctional institutions
= We have given this dignity to the
community because the wholesome and highly
effective work of the NGO’s and PO’s in our
country has evolved into a veritable science and
art, a vital discipline in itself. This evolution in
our country reached its climax with the staging
of the greatest public participation ever
recorded in the annals of history, that is, the
phenomenon of “people power,” wherein, in the
twinkling of an eye, a government perceived by
the public as the totalitarian was changed into a
democratic form within a period of only 4 days –
and with hardly bloodshed at that. US referred to
as “The Greatest Ever Told”.
Goals of the CJS
➢ Primary Goal (According to Robert D.
Pursely)
⚫ To protect the members of the society
⚫ To maintain peace and order
those who violate the law
Purposes of the CJS
1. To process those who have been accused
of criminal activities
2. Prevent the commission of crime
3. Protection of society
People involved in the system (Parties to
the criminal case)
1. Accused = The most pampered party in a
criminal case.
2. Victim/complainant = The forgotten party
in a criminal case.
3. People of the Philippines = The actual
offended party.
Criminals are deemed consumer of CJS
insofar as the same deals on the proper methods
on how to process them. It is therefore

24
imperative to know the reason why people
commit offense, their motives and their intent.
PHILIPPINE CRIMINAL JUSTICE SYSTEM
- involves the process of linking the five
pillars together so as to achieve an interrelated
scheme of reciprocal responsibilities in each
approach to community involvement.
In the Philippine Setting, the Pillars of the
Criminal Justice System include the:
➢ Police
➢ Prosecution
➢ Court
➢ Correction
➢ Community
Comparatively speaking, the American
Criminal Justice System has not included two of
our pillars. The ACJS only involves three
components, namely:
➢ Police
➢ Courts
➢ Corrections
In the Study of the Criminal Justice
System, the course would always indicate a
study of the following:
➢ Criminal / Crime
➢ Justice
➢ System
Crime is an act or omission in punishable by
law forbidding or commanding it.
The core study of this discipline revolves
around the study of crime. It is the substance of
the system which determines the nature and
degree of involvement of the different
components. Without crime, the quest of justice
has no substance
Crime defined:
➢ In a legal point of view, crime involves an
act or omission punishable by the
criminal law of the land.
➢ The term also refers to acts which are
considered undesirable and detrimental
to the norms of society
➢ Crime is the main activity of the police.
Crime can be committed in two ways:
1. Commission
2. Omission
Requisites of crime commission
1. Freedom is the capacity of a person to do
whatever he pleases
2. Intelligence is the capacity of the person
to foresee the consequences of his
actions
3. Intent is the compelling force that
induces a person to do something
Requisites of crime by omission
25
1. Freedom
2. Intelligence
3. Failure to do an act required by a person
to do = the non-performance of an act
which the law requires a person to do
Criminal - is a person who has confessed to or
had been convicted by a court of the violation of
a criminal law.
= A person who committed a crime,
arrested, prosecuted, and finally convicted and
sent to prison.
General Rule: No person shall be regarded as
criminal unless his guilt is proven otherwise.
Before a person could be regarded as
criminal, the following circumstances must
be present:
1. He must have committed a crime.
2. He must have been apprehended and
investigated by the police.
3. By virtue of sufficient physical evidence
and testimony of witnesses, he must have
been arrested.
4. Due to presence of prima facie evidence,
the case was filed in court by the
investigating fiscal or police for trial.
5. There was an arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
 9. The accused was confined in prison/jail.
10. The convict has fully served his sentence
in prison/jail.
Note: Only after undergoing this process that a
person can be legally identified as a criminal.
Justice = In the broadest sense, it consist of
human relations in accordance with the general
principles impartially applied.
= It is the observance of one’s right.
Justice consists the ordering of human
relations in accordance with general principles
impartially applied.
Accordingly, justice is accomplished by
Criminal Justice agents who are flexible.
Therefore, not everyone is treated alike, and
what is just depends upon the circumstances of
an act.
NATURE OF CRIMINAL JUSTICE SYSTEM
The Essence of Justice
Mortimer J. Adier points out that it is easy
to say what is justice is in abstract, but it is hard
to determine what is just is in any given
particular case. We must not confuse the
question, “What is justice” with the question “Is
the particular action just?”
Mortimer J. Adier’s two percepts as
indicating the true essence of justice. The first is
“render to each is due.” For instance, if one
borrows money promising to pay it back, the
just thing to do is to pay it back. It is rendering to
him what is due. To refuse to pay it back is unjust
since it amounts to keeping what belongs to
another.
The second percepts is “treat equally and
unequally in proportion to their inequality.” For
example, if all members of class in school did
not do their assignments, all should receive the
same grade otherwise there will be no in justice.
Justice involves equal punishment for identical
offenses and equal rewards for identical merits.
Another way of explaining it is by saying
“to each according to his deserts,” meaning that
those who contributes more should receive
more and those contributes less will receive less
but knowing that does not tell us how to
determine the relative contribution of each
other.
Justitia
The figure of Justitia, the goddess of
justice, is considered to be a symbol of justice.
In her left hand, she holds the scale (symbolic of
using just weights for measuring goods, and of
having balanced opinions), and in her right
hand, a sword (to ensure that justice is the
victor). To represent impartial judgment, she
wears a blindfold.
Justice according to the Supreme Court of
the Philippines is symbolically represented by a
26
blindfolded woman, holding with one hand
sword and with the other balance, meaning
thereby that it is administered without respect to
person, equality to the poor and the rich.
Justice, the idea of giving each person his
or her fair due as a matter of right. A primary
sense of justice is the fairness of a system of
laws. While justice has traditionally been
considered to be a cardinal virtue, it now deals
with cases of scarcity and conflict that might
disappear in a morally perfect world.
“JUSTICE DELAYED JUSTICE DENIED”
Essence of justice under the Constitution
No person shall be deprived of life,
liberty or property without due process of law,
nor shall a person be deprived of the equal
protection of the law. (Art. III, Sec. 1, 1987
Const.)
In order that justice will realized there
must be the observance of the due process.
Due process Defined:
Is a guaranty against any arbitrariness on
the part of the government, whether committed
by the legislative, executive or the judiciary.
Kinds of Due Process
1. Procedural Due Process – is one which
hears before it condemns, which proceeds
upon inquiry. There must be a notice of
hearing.
2. Substantive Due Process – Requires the
intrinsic validity of the law in interfering the
rights of the person to his life, liberty, or
property.
Justice is accomplished by criminal justice
agents who are flexible:
a. Not everyone is treated alike (more laws
to the poor).
b. Justice could be dispense with
depending upon the circumstances of a
particular act, i.e.
1. Penalty for different offenses.
2. Social standing of the criminal and the
victim.
e.g. President as the victim of the
murder.
3. Discretion is necessary in each and
every particular case.
e.g. Penalty to man compared to
woman.
System – It refers to a body as a functional unit.
Body Defined:
- A collective unit.
- It refers to a group or mass.
System refers to the organization,
administration and operation of the criminal
justice. All the components involved with the
prevention, control and reduction of crime and
delinquency must be conscious of their
responsibility.
The System – like Process of the Criminal Justice
System
➢ The police are responsible in gathering
evidence and arresting the suspected law
violator
➢ The prosecutor is responsible for
evaluating the evidence that the police
have gathered and deciding whether it is
sufficient to warrant the filing of charges
against the alleged violator
➢ The defense attorney, whether privately
retained or provided by the government,
is responsible for defending the accused
➢ The judge, during trial is an arbitrator in
court who ensures that the defense and
the prosecution adhere to the legal
requirements of introducing evidence
and examining and cross-examining
witnesses
➢ The judge, at the end of the trial, renders
decision
➢ The probation officer conducts post-
sentence investigations and also
supervises convicted defendants placed
under probation
27
➢ The prison system receives the defendant
if convicted and sentenced and keeps
them until the parole board grants them
or they have completed their sentence.
➢ Finally, the parole department assists
released prisoners in their return into the
community
In relation to CJS Philippines, this body is
composed of the following:
A. Main Pillars
1. Law Enforcement = This is known as the
front liner or prime mover of the CJS.
= arrest of offenders/violators of law
2. Prosecution = gather necessary
evidence with the help of the law
= determine the existence
of prima facie case
= file and prosecute the
case in court
3. Court = it is known as the center or core
of the CJS Phils. It is the arbiter of justice
= conduct hearing. Render
authoritative judgment
4. Correction = The weakest pillar in the
CJS Phils.
= control those who were
convicted by the court and
segregate them from the
community
 5. Community = the informal pillar of the
CJS Phils. It is also known as the widest
pillar.
= the place where the criminal comes
from and where he will re
= accepts the re-entry/ re-integration of
ex-convicts.
B. As to the auxiliary pillars:
1. Parole and probation administration =
supervise low risk, non-serious law
violators – those convicted of
imprisonment of not more than 6 years
(For probation).
= Select inmates ready for re-
entry to the society. Those
prisoners who had served the
minimum of their sentence. (For
parole).
❖ These pillars are all concerned in
the prevention, control, and
reduction of crime and
delinquency.
Other important matter concerning
system
1. The body observed division of labor
2. This division of labor makes it possible
for the entire organization to function
3. In order to reach the next department or
agency, it is usually necessary to have
contact with all the preceding ones.
4. The performance of one greatly affects
the others
5. CJS can be thought of as an assembly line
operation
In relation to CJS America, the body is
composed of the following:
1. Law enforcement
2. Courts
3. Correction
PILLARS OF PCJS
The Law Enforcement Pillar: Prime mover of
the CJS
➢ A policing body of the society or the police
force created by the government
➢ The process of implementing the laws
enacted by the legislative body of the
national and local government for the
purpose of protecting the life, rights and
properties of the people while maintaining
the peace and order in the society
The Philippines, like other nations of the
world, has various law enforcement agencies to
police the officers of the government. There are
as many law enforcement agencies as there are
offices of the government. Some of these
includes but not limited to the following:
1. Philippine National Police
2. National Bureau of Investigation
28
3. National Police commission
4. Department of Finance
5. Department of Foreign Affairs
6. Department of Environment and Natural
Resources
7. Barangay Tanods
Policing in the Philippines
➢ Started in the old practice of selecting able-
bodied young men to patrol during the night
⚫ Purpose: protection of crops and livestock
from wild animals
Significant dates and events
➢ 1901
⚫ General Howard Taft became the first Civil
Governor of the Philippines
SALIENT FEATURES:
1. Manila Police Department –
organized by virtue of Act No. 183 of the
Philippine Commission on July 31, 1901.
- Capt GEORGE CURRY became the
first Chief of Police
2. Philippine Constabulary – organized
by virtue of Act No. 175 of the Philippine
Commission on August, 1901, “An act providing
for the organization and government of an
Insular Police better known as the Philippine
Constabulary – the First Insular Police of the
Philippines
- Capt. HENRY T. ALLEN became the
first Chief of PC.
NATIONAL POLICE COMMISSION
Republic Act No. 4864 – An act creating
the National Police Commission under the office
of the President in September 8, 1966.
PRESIDENTIAL DECREE NO. 765
An act creating the Police
Constabulary/Integrated National Police
(PC/INP) in August 8, 1975. This law put the
NAPOLCOM under the Ministry of National
Defense. During this time pursuant of E.O 389,
PC became one of the four major services of the
AFP
Salient Features of PD 765
1. The INP was established and
constituted, composed of the PC as
the nucleus and the INP as component
under the DND.
2. The head of the PNP was Chief of the
PC
3. The PC remained as the major service
of the AFP
4. The remaining power of the
NAPOLCOM was extended to the
police, fire and jail components of the
INP.
PNP LAW OF 1991
Republic Act No. 6975 – an act
establishing the PNP under a Reorganized
Department of the Interior and Local
Government in December 13, 1990.
THE PHILIPPINE NATIONAL POLICE
Creation of the Philippine National Police
The primary law creating the PNP
Article XVI, sec 6 of the 1987 constitution
provides that “the state shall establish and
maintain one police force which shall be national
in scope and civilian in character, to be
administered and controlled by the National
Police Commission. The authority of the local
executives over the police units in their
jurisdiction shall be provided by law.”
Implementing this law is RA 6975 known
as the law creating the Department of Interior
and Local Government. Chapter III thereof deals
with the establishment of the PNP Organization.
REPUBLIC ACT NO. 8551 – PNP Reform and
Reorganized Act of 1998 under the
National Police Commission.
REPUBLIC ACT NO. 9708 - an act extending
for five (5) years the reglementary period for
complying with the minimum educational
qualification for appointment to the Philippine
National Police (PNP) and adjusting the
promotion system thereof, amending for the
purpose pertinent provisions of republic act no.
6975 and republic act no. 8551 and for other
purposes
29
Police defined
As an individual = This refers to those who were
tasked to protect life, liberty and property of the
people, prevent the existence of crime,
apprehend offenders and are known as the front
liners of the CJS.
As to agency = Is one created under the
Constitution forming part of the executive
department in charge in apprehending
offenders and to execute the law.
Note: Execute means to enforce the law
and not to determine whether the accused is
guilty or not.
Policeman = An agent of person in authority
endowed by law to enforce the law.
Symbolically, he is the law.
Nature Of A Police Man
A police man should have the mind of a
lawyer, the soul of a clergyman, the heart of
social worker, discipline of an army sergeant,
the integrity of a saint. He must believe in a
community of law, while seeing little but
lawlessness; believe in the goodness of man,
while seeing man most often at his worst,
work in the community of man who resent his
presence but depend on his faithfulness;
know his jurisdiction like a sociologist, and he
 must understand people like a psychologist.
He must take the long view of life like a
philosopher and yet never losing his common
touch.
Statutory Powers of the Police
➢ Enforce all laws and ordinances relative to the
protection of lives and properties;
➢ Maintain peace and order and take all
necessary step to ensure public safety;
➢ Investigate and prevent crimes, effect the
arrest of the criminal offenders, bring
offenders to justice and assist in their
prosecution;
➢ Exercise the general powers to make arrests,
search and seizure in accordance with the
Constitution and pertinent laws;
➢ Detain an arrested person for a period not
beyond what is prescribed by law, informing
the person so detained of all his rights under
the constitution;
Administrative Functions
➢ To issue for the possession of firearms and
explosives in accordance with law
➢ Supervise and control the training and
operation of security agencies, security
guards, and private detective for the practice
of their professions
➢ Perform such other duties and exercise all
other functions as may be provided by law
Miscellaneous Service
➢ Regulations of non-criminal conduct, such as
traffic control and management
➢ Performing civic missions, such as the
conduction of any person to a hospital for
immediate medication, or any other form of
services which is civic in nature
Police Operations
➢ Prevention of crime
➢ Repression of Criminal Activities
➢ Preservation of peace and order
➢ Protection of lives and properties
➢ Enforcement of laws and ordinances and
regulations of non-criminal conduct
➢ Apprehension of criminals
➢ Coordination and cooperation with other law
enforcement agencies
Kinds of Policemen
1. Traditional policeman = a policeman
walking in uniform performing patrol
work, walking constantly and alertly,
observing persons and things to
accomplish crime prevention mission.
= The best public servants who serve the
public instead of dominating them.
= The years of receptive policing when
the public received and welcomed the
presence of the police assigned in their
neighborhood to maintain order and
security, instead of imposing purely law
enforcement action.
= The years when every policeman was a
good, friendly, trustworthy officers of the
law.
30
= The years when only few rotten
mangoes can be found in a basket.
= The idealist, ideal, a lover of wisdom,
who gives meaning to his duty in terms of
truth, goodness and beauty.
2. Contemporary policeman = the
materialistic, arrogant, college educated
agent of person in authority whose
insights of public service is for the public
to serve him as his source of extra
income.
= At the start of his duty, he reflects not
on his work, but on his prospective extra
income for the day, constantly probing,
looking deeper not on the nature of
things, but into the pockets of his
prospective victims. “You name it, the
POLICE is in it.”
Police Corruption is the Use of the Police
Position for Personal Gain
“The Blue Wall of Silence.” Police officers who
know of wrongdoing by other police will not
take action against them or provide information
against them to investigators because of two
things:
1. Police mistrust their superiors and bear
being given disproportionately harsh
punishment to set an example or to
alleviate political pressure on their
administrators.
 2. They fear alienating their brother and
sister officers, upon whom they depend
for back up assistance in dangerous
situations. To the public, it appears that
“the police protect their own” even
against legitimate grievances and
complaints of the community.
The policeman, in the performance of his
multifaceted duty, is responsible for bringing all
law violators to court, but while doing so, he is
compelled to observe their constitutional rights.
Thus, it can be observed that the police initiate
the criminal justice process by the arrest of the
law violator; that the police is the prime mover
of the criminal justice system – without the
police, the system cannot stand.
The police, being the first major
component for the operation of the criminal
justice system are responsible for
accomplishing the following functions:
➢ prevention of crime
➢ enforcement of laws, decrees and
ordinances
➢ protection of life and property from
criminal attack
➢ preservation of peace and order
➢ safeguarding the rights of others
Power and Function of the PNP
In the performance of police functions
and duties, the police must exercise discretion.
Discretion defined:
It is the wise use of one’s judgment,
personal experience and common sense to
decide a particular situation.
Why are the police allowed to use
discretion? The police are decision makers and
most of their decisions are based on discretion.
Apparently, the police exercise of discretion is
unregulated as US Chief Justice Warren and
Burger puts it, “No lawbook, no judge, no
lawyer can readily tell how the policeman on
beat should appropriately and courteously
exercise the same in this various day to day
activities whatever they do is their
responsibility.”
“DAMMED IF THEY SHOOT, DEAD IF THEY
DON’T”
Problems Arising from Unregulated
Discretion
1. It lacks uniformity for implementation
2. It may be discriminatory
3. It foster police corruption in victimless
crimes
4. It converts the law into personal
instrument of social control through the
so-called sidewalk justice
31
1. Enforce all Laws and Ordinance
relative to the Protection of Lives and
Properties.
a. Enforcement of Laws and
Ordinances and Regulation of Non-
Criminal Conduct.
This requires a policeman to
constructively integrate or enforce and
implement the laws of the land as well as local
ordinances without regard to the personal
circumstances of the individual citizens and any
other persons sojourning in the Philippines, in
order to provide the tranquility among members
of the society.
“Enforcing the law” by apprehending
criminals after crime occur is an important part
in police work, but it is only one element of the
law enforcement mission. Far more than
confronting so-called “Master criminals,” the
police are likely to deal with crimes committed
by people who are drunk, depressed, mentally
ill, or simply overwhelmed by life stresses.
This also includes the regulation of non-
criminal conduct in order to obtain the
compliance of the public through education and
the dangers inherent to the disobedience of
regulations. This may be made through the use
of a warning device which would inform the
citizens without necessity of imposing penalty or
sanction.
 Service. Directions, assistance to
disabled motorists, funeral escorts,
administration of various kinds of permits,
emergency relay of blood, checking vacant
residences or looking-in on vulnerable adults,
aiding with traffic control at road construction
and emergency scenes, and many more
services are provided by the local police.
Patience, good communication skills, and
knowledge of human psychology are the
important tools of the trade. The ability to
enforce the law by bringing criminals to justice
rests in the large part on the willingness of the
public to cooperate with the police. The
foundation for that is laid in the routine
interaction between police and citizens in the
course of everyday, non emergency activities.
b. Protection of Lives and Property.
This operation for the safety and
convenience of the public is analogous with that
of practicing physicians. The doctors protect the
life of the combating disease and promoting
public health through preventive measures. The
policeman insures public safety by eliminating
the hazard of accidents and by guarding the
citizen’s agents against the attack of the bad
elements of the society. The police has the
obligation to preserve the citizens constitutional
guarantee of liberty and the pursuit of
happiness.
c. Safeguarding Public Health and
Morals
This involves many activities or missions
peripheral to basic law enforcement and public
safety, such as sanitation, search and rescue
operations, licensing. Likewise, it also includes
escort duties, civic actions and many other
activities related thereto.
2. Maintain peace and order and take all
necessary step to ensure public safety.
a. Preservation of Peace and Order
This requires a peace officer to gain the
sympathy of the community so they may close
ranks in combating crimes and other anti-social
behavior. The community should be informed
through the proper education of their share and
involvement in the maintenance of peace and
order in the locality.
3. Investigate and Prevent crimes, effect
the arrest of criminal offenders,
conduct search and seizure in
accordance with the Constitution and
pertinent laws and bring offenders to
justice and assist in their prosecution.
What are some of the human rights
guaranteed under Article III of the
Constitution?
a. The right of a person to be secured in
his/her person, papers and effects
32
against unreasonable searches and
seizures;
b. Rights of a person under
Investigation;
c. Rights of an accused;
d. Rights of a person under arrest; and
e. Rights of a person under detention.
3.a Investigate the crime. The police
officers may conduct surveillance, interview
person with knowledge of facts directly or
indirectly connected with the offense, take
photographs, arrange for entrapment when
feasible, search premises and persons subject to
constitutional and statutory safeguards, examine
public and other available records pertaining to
the persons involved and get copies of pertinent
entries, etc.
The police officers, in other words,
collect evidence for use in the prosecution of the
suspects in court. This may consist of:
(a) The TESTIMONY of witnesses –
including “invited” suspects – which
are invariably taken down in
question-and-answer form.
(b) WRITINGS
(c) OBJECTS: guns, knives, other
weapons used in the commission of
the crime; the clothing of the victims,
etc.
 This includes the rough sketch of the
crime scene, photograph of the crime scene and
the developing and lifting of prints, if any
What are the rights of a person undergoing
investigation or interrogation?
These are:
a. The right to remain silent and to have
a competent and independent
counsel, preferably of his own choice.
If the person being investigated
cannot afford counsel, he must be
provided with one;
b. No torture, force, violence, threat,
intimidation, or any other means by
which vitiate the free will shall be
used against the person being
investigated;
c. The person under investigation must
not be in secret detention places, in
solitary confinement, held
incommunicado or other similar forms
of detention;
d. The rights of a person under
investigation cannot be waived
except in writing and in the presence
of a lawyer.
3.b Prevention of Crime
Crime prevention is the anticipation, the
recognition and the appraisal of a crime risk and
the initiation of some action to remove it.
Crime prevention means the elimination
of the opportunity that exist on the part of the
would be criminal to commit an act punishable
under the law. This seeks to minimize the causes
of crime that requires the police to mingle with
the community where criminal activities
originate and breed and where the criminalistic
tendencies of individuals motivated them to
indulge in anti-social behavior.
Explain what Neighborhood Watch is and how
it can benefit your neighborhood.
Neighborhood watch is a crime prevention
program that:
I. Teaches citizens techniques to reduce the
risk of being victimized at home and in
public
A. Be aware of our surroundings at all time
B. Park in well lit areas-avoid shortcuts
C. Don’t carry much cash
D. Have your keys in your hands
E. Keep windows rolled up and doors
locked
F. Teller machines-use at active location
during day or go with someone else
G. Leave room at stops to maneuver your
car
H. Don’t draw attention to yourself
I. Consider a mobile phone or a CB radio
J. Bump and Rob
33
K. Copy your VIN and tag number and keep
in wallet
L. Never leave your car running, even at
your own home
II. Train citizens on the importance of
recognizing suspicious activities and how to
report them
A. Someone screaming or calling for help
B. Someone looking into windows and
parked cars
C. Unusual noises
D. Property being taken out of houses
where no one is home, or out of closed
businesses
E. Vehicles moving slowly or with no
apparent destination or with lights out
F. Anyone being forced into a vehicle
G. A stranger sitting in a car or talking to a
child
H. Abandoned cars
I. Call 862-8600 or 911 in an emergency
III. How to secure homes and properly identify
property
A. Check your locks
1. Deadbolts
2. Double cylinder deadbolts
B. Secure sliding glass door
1. Commercial locks
2. Broomstick or wooden dowel
3. Screws along upper track
 C. Check your windows 5. Reducing the fear of crime and making
D. Check your doors your neighborhood livable The Citizen’s Role in Crime Prevention
E. Check the outside 6. Allowing other issues of our community The police must have the assistance of
1. Shrubs and trees to be addressed the public to prevent criminal activity. This
2. Lighting comes in the form of a) tips to police regarding
3. Padlock exterior buildings The Role of Citizens and Youth in Crime criminal activity, b) Citizen and police
Prevention partnerships devoted to the prevention of
IV. Learn neighbors routines in order to identify The role of the Police in society is the criminal activities for small geographic areas.
suspicious activity protection of citizen’s through the enforcement I.E., Neighborhood Watch programs, c) Citizen
A. Know their family of Laws and Prevention of criminal activities. support of programs that give alternatives to
B. Their habits This goal cannot be accomplished without the youth, such as the police athletic league, police
C. The cars they drive aid of the very citizens we set out to protect. youth music program and police explorers
D. Their phone numbers at work and at Without the help of citizens, the police would be programs.
home powerless to stop crime. The citizen therefore
E. Their pets plays a vital role in the enforcement of laws and The Role of Youth in Crime Prevention
F. Any medical problems that they have crime prevention. The role of youth in law enforcement is
The role of the citizen is that of witness, also that of witness, prosecutor and crime
Knowing these aspects will allow you to prosecutor and crime prevention. Without the prevention. Crime knows no age, socio-
respond accurately and quickly to any reporting of criminal activity, the police would economic or geographical boundaries. The
emergency only be able to combat crime that takes place in youth of America must therefore take a firm
V. Become a cohesive body of concerned their presence. In many cases the police must stand by reporting criminal activity when it is
citizens and begin to address other issues rely on the citizen to prosecute the criminal. This observed. The role of youth in prevention of
that concern your entire community occurs when certain offenses are committed in crime is two fold. You must be active in
The benefits of a Neighborhood Watch Program the presence of a witness. For many crimes the neighborhood activities of all types, including
are as follows: police can only prosecute the criminal if they Neighborhood Watch. Remember that it is your
1. Reduces the risk of becoming a crime observed the criminal act. In this case the citizen neighborhood and be proud of helping others
victim can obtain warrants, thereby giving the police around you. Report suspected criminal
2. Being better prepared to respond to a the power to arrest the criminal on the activities. Ban together with your peers to have a
suspicious activity outstanding warrant. The criminal is prosecuted support group when you are tempted by others
3. Provides greater access to criminal by the citizen, with the aid of police. This into criminal activities or drug use. It is easier to
information reliance on the citizen also carries over into stand up if you are not alone and supported by
4. Knowing your neighbors crime prevention. your friends. Take part in local youth functions

34
that interest you, whether it be music, sports,
theater or any number of interest.
3.c Arrest the Suspect
This defines the statutory power of every
policeman as a means of discouraging the would
- be criminal offender. The consequence of
arrest and prosecution has deterrent effect
intended to discourage crime or unlawful act. It
also lessens repetition by causing suspects to be
incarcerated and it’s provides an opportunity for
the reformation to those convicted. This activity
is likewise include the recovery of stolen
property in order to restrain those who are
accessories to the crime and to those benefiting
from the grain of crime.
ARREST
All arrest should be made only on the
basis of a valid Warrant of Arrest issued by a
competent authority, except in cases specified
under the Doctrine of Citizens Arrest (Sec. 5,
Rule 113. Rules on Criminal Procedures).
Arrest is the actual restraint of the person
to be arrested or by his submission to the
custody of the person making the arrest. No
violence or unnecessary force shall be used in
making an arrest, and the person to be arrested
shall not be subjected to any greater restraint
than is necessary for his detention.
TIME OF ARREST
As a general rule, arrests may be made
on any day at any time of the day and night.
MODES OF ARREST
An arrest may be made by virtue of
warrant of arrest, or without a warrant has herein
after provided.
EXECUTION OF WARRANT
The head of the office to which the
warrant of arrest has been delivered for
execution shall cause the warrant to be executed
within ten (10) days from the receipt. Within ten
(10) days after the expiration of such period, the
officer to whom it was assigned for execution
shall make a report to the judge who issued the
warrant and, in case of his failure to execute the
same, shall state the reasons therefore.
ARRESTS BY VIRTUE OF A WARRANT OF
ARREST
a. It shall be duty of the officer
executing the warrant to arrest the
accused without unnecessary to delay
and deliver him to the nearest police
station or jail
b. When making an arrest by virtue of a
warrant, the officer shall inform the
person to be arrested of the cause of
the arrest, except when he flees or
forcibly resists before the officer has
the opportunity to so inform him or
when the giving of such information
will imperil the arrest. The officered
not have the warrant in his possession
35
at the time of the arrest but after the
arrest, if the person arrested so
requires, the warrant shall be shown
to him as soon as practicable.
DUTIES OF ARRESTING OFFICER IN CASE
OF ARREST WITHOUT WARRANT
a. the arresting officer shall inform the
subject or suspect, in the dialect or
language known to him, why he is
being arrested, and of his right to
remain silent and to have a counsel of
his own choice, to be inform of his
authority and the cause of the arrest,
unless the person to arrested is then
engaged in the commission of the
offense or is pursued immediately
after its commission or after and
escapes: or flees or forcibly resist
before the officer has the opportunity
to so inform him, or when the giving
of such information will imperil the
arrest.
b. The arrested person shall be
delivered to the proper authorities
without unnecessary delay and within
the time prescribed in Article 125 of
the Revised Penal Code, as amended(
(12,18, or 36 hours as the case may
be).
c. If the person arrested without a
warrant waive his right to remain
 silent under the provision of Article
125 of the Revised Penal Code and
opts to give a statement and present
evidence for his defense, the
arresting officer shall ensure that the
waiver made by the person arrested
shall be in writing and in the
presence of hid counsel choice.
PHYSICAL EXAMINATION OF ARRETSED
PERSON/SUSPECT
Immediately after the arrest of a person
ordered arrested by the court, or a suspect
under investigation, he should be subjected to a
physical examination by a medico-legal officer
or, in the absence of such medico-legal officer,
by any government physician in the area. Prior
to his release or any change of custody, the
suspect shall also be physically examined.
PROHIBITIONS
No torture, force, violence, treat,
intimidation, or any violence which violates the
free will shall be used against a suspect. Secret
detention places, solitary confinement
(incommunicado) or other similar forms of
detention shall be prohibited.
How arrest be made?
1. As a general rule, the arrest of a person
should always be made through a
warrant of arrest issued by a judge.
2. Without warrant, under the
circumstances justifying a warrantless
arrest.
2.a. A peace officer or a private person
may affect an arrest without a warrant.
These are;
a. when the person to be arrested has
committed, is actually committing,
attempting to commit an offense in the
presence of the arresting person.
b. when an offense has in fact just been
committed, and the arresting person has
personal knowledge of the facts
indicating that the person to be arrested
has committed it; and
c. when the person to be arrested is an
escape prisoner or a fugitive from justice.
2.b Court Order – when the judge orders
to arrest such person inside the court in
violation of orders from the court or in the
prosecution of an offense.
2.c Operation “Kapkap”
3.d. Refer the case and suspects to the
public prosecutor.
4. Detain an arrested person for the period not
beyond what is prescribed by law, informing
the person so detained of all his rights under
the Constitution.
If a person has already been arrested, what
are his/her rights?
36
If already arrested, the person has the
following rights;
a. To remain silent and to be assisted by
a competent and independent lawyer
of his/her choice in any interrogation;
b. Not to be subjected to torture,
manhandling, intimidation, deceit,
promises of reward or leniency of any
means (drugs, hypnosis, etc.) that
vitiate or weaken his/her free will;
c. To be brought before a court as soon
as possible but not later than:
- 12 hours after arrest for a light
offense,
- 18 hours after arrest for a less
grave offense,
- 36 hours after arrest for a grave
offense
d. To make a formal complaint if he/she
has been denied counsel, forced to
confess, or manhandled, tortured or
intimidated;
e. To be released on reasonable bail,
unless he/she has been charged with
a crime punishable by death and
evidence of his/her guilt is strong;
f. If the arrest is through a warrant, the
person arrested has the right to be
informed of the cause of his/her
arrest, and be allowed to see, read
and examine the warrant of arrest.
Does a person under detention possess
rights?
Yes. His/her rights are:
a. To treated as a human being;
b. To due process which comprises the
right to be informed of the written
regulations governing the detention
centers, not to be punished for any
act except in accordance with these
regulations, to be subjected to only
such punishment for breaches of
discipline as are the least restrictive
means to maintain order and security
in the detention center, and not to be
subjected to corporal punishment or
confinement in a dark cell or total
isolation.
c. To receive visits from his/her family,
friends and lawyers;
d. To practice his/her religion;
e. To adequate food and, if he/she
desires, to produce food outside
through the administration of the
detention center or through the family
and friends;
f. To wear his/her own clothing unless
he/she has none, in which case the
detention administration shall supply
it, but such clothing must be different
from that supplied to convicts;
g. To healthful accommodations, with
sufficient light and ventilation, and
adequate sanitary and bathing
facilities.
h. To a separate bed with sufficient
beddings;
i. To at least one hour daily outdoor
exercise;
j. Not to be complied to work unless
he/she wishes to;
k. To competent medical and dental
service, and to be treated by his/her
own doctor or dentist if there is a
reasonable need for it and he/she or
his/her family or friends will pay for
it;
l. To be furnished with or to procure
reading and writing materials;
m. To be kept separate from convicts
serving sentence;
n. To a speedy and impartial public trial.
What are the rights of an accused at the trial?
In all criminal prosecution, the accused shall
have the following rights during trial;
a. To be presumed innocent until the
contrary is proved beyond reasonable
doubt;
b. To be told what he or she is being
charged with and what acts he or she has
committed;
c. To be assisted by a competent and
independent counsel of his or her own
choice;
37
d. Not to be compelled to be a witness
against himself/herself;
e. To confront the witness against him/her;
f. To have compulsory process issued to
secure the attendance of witnesses and
the production of evidence on his/her
behalf;
g. To have full opportunity to present
his/her defense;
h. Not to be placed twice in jeopardy for the
same offense;
i. Not to be sentenced to pay an excessive
fine nor to suffer cruel for inhuman
punishment;
j. To have the right to appeal in all cases
allowed and in the manner prescribed by
law.
5. Issue licenses for possession of firearms and
explosives in accordance with law.
6. Supervise and control the training and
operations of security agencies and issue
license to operate security agencies, and to
security guards and private detectives, for
the practice of their professions; and
7. Perform such duties and exercise all other
functions as may be provided by law.
SEARCH AND SEIZURES:
SEARCH WARRANT DEFINED
It is an order in writing issued in the
name of the people of the Philippines, signed by
a judge and directed to a peace officer,
commanding him to search for any property
described therein and bring it before the court.
REQUISITES FOR ISSUANCE OF SEARCH
WARRANT
A search warrant shall be issued only
upon probable cause in connection with one
specific offense to be determined personally by
the judge after examination under oath or
affirmation of the complainant and the witnesses
he may produce and particularly describing the
place to be researched and things to be seized.
The following are the things to be seized:
a. Properties which are the subject of
the offense;
b. Stolen, embezzled proceeds, or fruits
of the offense;
c. Objects including weapons,
equipment, and other items used to
intend to be use as the means of
committing an offense.
d. Objects that are illegal per se plain
view.
APPLICATION GIVEN TO OFFICERS IN THE
CONDUCT OF RESEARCH
All applicants for the search warrant shall
approve by the duty designated officer. The
application shall be recorded in the logbook.
The application shall indicate the following data:
a. office applying for the search warrant;
b. name of officer-applicant
c. name of the subject if known;
d. address/places to be search;
e. specific statement of things/ articles
to be seized; and
f. sketch of the place to search.
AUTHORITY GIVEN TO OFFICERS IN THE
CONDUCT OF SEARCH
(SEC 7& 13, RULE OF THE 2000 RULES FO
PROCEDURES AS AMENDED)
In the conduct of search, if after giving
notice of this purpose and authority the officer is
refused admittance to the place of search, he
may break open any outer and inner door or
window or any part of the house or anything
therein to execute the warrant to liberate himself
or any person lawfully aiding him when
unlawfully detained therein.
PROHIBITED ACTS IN THE CONDUCT OF
SEARCH
a. Houses, rooms, or other premises
shall not be searched except in the
present of unlawful occupant thereof
or any member of his family or in the
absence of the latter, in the presence
of two (2) witnesses of sufficient age
and discretion residing in the same
locality.
b. Lawful personal properties, papers
and other variables not specifically
38
indicated or particularly described in
the search warrant shall not be taken.
RECEIPT FOR THE PROPEERTY SEIZED
The officer seizing property by virtue of
the warrant shall give a detailed receipt for the
same to the unlawful occupant shall, in the
presence of at least two (2) witnesses of
sufficient age and discretion residing in the
same locality, leave a receipt in the place in
which he found the seized property in the
absence of the lawful owner.
Valid Warrantless Searches and Seizure
SEARCH MADE INCIDENTAL TO AVALID
ARREST
Moreno vs. Ago Chi, 12 439, 442 (1909)
“An officer making lawful arrest by virtue of a
warrant or under the Doctrine of Warrantless
arrest may take from the person
Arrested any money or property found upon his
person which was used in the commission of the
crime or was the fruit of the crime or which
might furnish the prisoner with the means of
committing violence or escaping or which
maybe used in evidence in the trial of the
case….”
SEARCH O FMOVING VEHICLES
Carroll vs. United States, 267 U.S. 132,
153, (1925) says “… the guaranty of freedom
form unreasonable searches and seizures in
construed as recognizing a necessary difference
between a search of the dwelling house or other
structure in respect of which a search warrant
may readily obtained and a search of ship,
motorboat, wagon, or automobile for contraband
goods, where it is not practicable to secure a
warrant, because the vehicle can be quickly
moved out of the locality or jurisdiction in which
the warrant be sought..”
SEIZURE OF GOODS CONCEALED TO
AVOID DUTIES
Uykheytin vs. Villareal, 166 U.S. 746
(1886), Papa vs. Mago, 22 SCRA 857 (February
28,1968); Pacis vs. Pamaren, 56 SCRA 16 (march
15, 1974).
SEIZURE OF EVIDENCE IN PLAIN VIEW
Haris vs. United States,390 U.S. 234, 236
(1968) says that any object “falling in the plain
view are subject to seizure and may be
introduced as evidence.”
WHEN THERE IS WAIVER OF THE RIGHT OR
THERE IS CONSENTED SEARCH
De Garcia vs. Locsin, 65 Phil. 689, 694-5
(1938) says. “it is well settled that to constitute a
waiver of a constitutional right, it must appear,
first that the right exists: secondly, that the
person involve have knowledge, either actual or
constructive, of the existence of such right;
lastly, that said person had an actual intention to
relinquish the right.” Thus, where the accused
voluntarily surrendered his gun, he cannot claim
illegality of the seizure. People vs. Agbot, 106
SCRA 325, 331 (l-37654, July 31, 1981)
PROSECUTION: The Second Pillar
It is the process or method whereby
accusations are brought before a court of justice
to determine the innocence or guilt of the
accused. The prosecutor is not just an ordinary
official of the government, he is as well an officer
of the court whose criminal responsibility under
the law, is to carry out the administration of
criminal justice system through an adequate
examination of the offense charged and to
decide whether or not to prosecute the
individual offender, without sacrificing fairness
and justice. He serves as the direct contact
between the government through police agency
and the court of justice, and the suspects and the
attorneys representing them. His series of
contact is made from the moment he receives
the case in the trail court. He deals with the court
and defendant for and in behalf of the
government he represents.
In the criminal proceedings, the
prosecutor has the basic responsibility of
representing the government in the court of
justice. This responsibility is based on the
principle that acts and omission punishable by
law when committed are always against the
39
public interest, and not against the offended
individual. It is for reason that in criminal
proceedings the caption of the case is in the
name of the “people of the Philippines” versus
particular individual/s. if the element of the
crime alleged to have been committed is
present, it is the prosecutor’s task of bringing
the offender to the court through the criminal
proceedings. He must see to it that an innocent
party is unjustly and unfairly prosecuted. He
must ensure that sufficient, strong and
convincing evidence exists in order to prove the
guilt of the accused through the due process of
law. The defendant through his lawyer then
protects his interest that the prosecutor does not
unjustly and unfairly prosecute the case. In
effect, the trial of the case in some sort of a battle
of forensic law. The prosecutor is the champion
of the state he represents; the lawyer is the
client’s champion.
Prosecutors work on behalf of the state
and file charges against individuals who violate
state law. They play a “key role” in the
administration of justice in that they exercise
broad discretion in their work. They are
responsible for viewing cases, deciding whether
charges will be filed or not.
➢ Role of the Prosecutor
Serving as the lawyer of the state or
government in criminal cases, the prosecutor
is automatically considered as officer of the
 court; at the same time, the prosecutor is
formally a member of the DOJ, under the
executive branch of the government and is
thus independent from the judiciary
Prosecutorial Discretion and Selective
Prosecution
Prosecutorial discretion
➢ The prosecutor screens and evaluates the
document in order to decide whether to
accept or reject the case for prosecution
Selective prosecution
➢ The responsibility of the prosecutor to
evaluate the evidence that the police have
gathered and decide whether it is sufficient to
warrant the filing of charges against the
violator
Legal Factors considered by a prosecutor
under Selective Prosecution
➢ The legal strength of the case
➢ The suspect is in fact guilty
➢ The willingness of the witnesses to testify
➢ The likelihood that the prosecutor can legally
prove the defendant’s guilt
Controversial Expression of Prosecutorial
Discretion
The decision to mitigate the defendants through:
➢ Reducing the charge
➢ Dropping multiple counts to leave a single
charge
➢ Recommending leniency to the court at
sentencing parallel prison sentence
Who Composes the Prosecutor?
1. Public Prosecutor – Fiscal
a. State Prosecutor
b. Provincial Prosecutor
c. City Prosecutor
d. Special Prosecutor
2. Attorney in private practice. They
represent the parties (complainant or
respondent) in proceedings before the
Public prosecutors.
3. Public defender such as PAO and other
Legal Aid Lawyers (IBP, CLAO, FLAG,
etc).
Duties of the Prosecutor
1. Evaluate the police findings referred to
them, or other complaints filed directly
with them by individual persons (e.g.
private citizens who are victims, or have
knowledge of crimes, government
officers in charge or enforcement of the
law violated);
2. File corresponding information in proper
court on the basis of their evaluation of
the proofs at hand; and
3. Prosecute the alleged offenders in court,
in the name of the People of the
Philippines.
Prosecutorial Discretion Opportunities:
1. Deciding to prosecute.
2. Terminating prosecution through nolle. If
the prosecutor found out later after
40
arraignment that the evidence is not
enough to prove the guilt of the accused
beyond reasonable doubt, he would pray
for the dismissal or terminate further
proceeding; or if there is an affidavit of
desistance.
Nolle – is a request made by the
prosecutor to the judge for
approval to terminate further
criminal prosecution against a
suspect.
3. Prosecuting on reduced charges. The
Prosecutor uses discretion to reduce
charges like murder to homicide.
4. Dropping multiple counts. The
Prosecutor can drop several charges and
come-up with only a single charge. e.g.
complex crime
5. Making sentencing recommendations. If
the accused pleaded guilty and he is a
first time offender or a minor, the
prosecutor can recommend for lighter
sentence. This is the only stage that the
prosecutor can make recommendations.
6. Plea bargaining is the process of
discussion between the defense counsel
and the prosecutor, aimed at reaching an
agreement whereby the prosecutor uses
discretion to obtain from the judge a
lighter sentence in exchange for the
defendants’ entering a guilty plea.
 = this can be done during and
even after arraignment or re-
arraignment.
Preliminary Investigation
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
Officers authorized to conduct preliminary
investigation
➢ Provincial or City fiscals and their assistants
➢ Judge of the Municipal Trial Courts and
Municipal Circuit Trial Courts
➢ National and Regional State Prosecutors
➢ Such other officers as may be authorized by
la w
Nolle (Nolle Prosequi)
A nolle is a request made by the prosecutor to
the judge for approval to terminate further
criminal prosecution against the suspect
Uses of Nolle
➢Reduce case overload
➢Reduce back-log
➢Reduce delays in bringing
defendants to trial
Arraignment
➢ The legal mechanism whereby an accused is
brought before the court wherein the
complaint or charge against him is read by
the clerk of court in the presence of a lawyer
and the prosecutor, in which the accused is to
announce his plea
Plea Bargaining
➢ The process of discussing or negotiation
between the defense counsel and the
prosecutor, aimed at reaching an agreement
whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in
exchange for the defendant’s entering a
guilty plea
Advantages of Plea Bargaining
➢ Allows the court to control over crowded
dockets
➢ Allows the prosecutor to secure convictions in
bad arrests
➢ A necessary discretionary tool for tempering
the letter of the law with an individualize
justice
➢ Acts in the best interest of society rather than
on behalf of the victim
➢ Saves victim from humiliation and trauma
➢ There is no trial
Disadvantages of Plea Bargaining
➢ Lowering of cases demoralizes the police
41
➢ Provides an opportunity for the prosecutor
and defense counsel to place their economic
and occupational needs ahead
➢ Mostly in favor of the defendant
➢ It is not an evidence of repentance, legitimacy
of punishment and rehabilitation
➢ Undermines the basic premise of crime and
punishment
➢ Destructive of the adversary method of justice
➢ Defendants are dissatisfied
Art 112 of the Rules of Court s amended:
Sec 1. Preliminary Investigation is an
inquiry or proceeding to determine whether
there is sufficient ground to engender a well-
founded belief that a crime has been committed
and the respondent is probably guilty thereof,
and should be held for trial.
Except as provided in section 7 (when
accused lawful arrested without warrant) of this
rule, a preliminary investigation is required to
be conducted before the filling of the complaint
or information for an offense where the penalty
prescribe by law is at least 4 year, 2 months and
1 day without regard to fine.
Originally, PD 911, which took effect on March
23, 1976, has for its main objectives:
To hasten in the investigation of criminal
complaints involving grave felonies punishable
by death, life imprisonment, reclusion temporal
and prison mayor or cases cognizable by the
criminal courts.
Prima facie Evidence – is such as establishes a
fact and unless rebutted or explained by
evidence becomes conclusive and it is
considered as if fully proved.
Denotes evidence which, if unexplained
or uncontradicted, is sufficient to sustain the
proposition it support or to establish the facts, as
to counterbalance the presumption of innocence
to warrant a conviction.
Complaint – a sworn written statement charging
a person with an offense, subscribed by the
offended party, any peace officer, or the public
officer charged with the enforcement of the law
violated.
Requisites of Complaint
1. Written statement under oath.
2. Signed either:
a. Offended party
b. Any peace officer or public officer
charged with the enforcement of the
law violated.
Information – is an accusation in writing
charging a person with an offense, subscribed
by the prosecutor and file with the court.
Inquest – investigation of a case performed by
the Fiscal assigned
- Still part of preliminary investigation.
Requisites of Information
1. A written accusation
2. A person is charged of an offense;
3. Signed by the public prosecutor; and
4. The information is filed with the court.
Purpose of Preliminary Investigation
1. To protect the innocent against hasty,
malicious and oppressive prosecution.
2. To spare him from trouble, expensive
and anxiety to a public trial.
3. To protect the State itself from useless
and wasteful rights.
Sec. 2. Officers authorized to conduct
preliminary investigations.
The following may conduct preliminary
investigations:
a. Provincial or City Prosecutors and their
assistants;
b. Judges of the Municipal Trial Courts and
the municipal Circuit Trial Courts;
c. National and Regional State Prosecutors;
and
d. Other officers as may be authorized by
law.
Their authority to conduct preliminary
investigations shall include all crimes
42
cognizable by the proper court in their
respective territorial jurisdictions.
Cognizable – within jurisdiction of court or
power given to court to adjudicate controversy.
Prosecute – to prosecute an action is not merely
to commence it but includes following it to an
ultimate end.
Other officers authorized by law:
COMELEC – Conduct preliminary
investigation on all election cases under the
Umnibus Election Code. 1987 Constitution
mandates the COMELEC not only to investigate
but also to prosecute cases of violation of
election laws.
PCGG – prosecution for violation of RZ
3019 (Anti-Graft Law) and RA 1379 (Unexplained
Wealth). The Office of the Solicitor General can
legally represent respondent government
officials in preliminary investigation in the
prosecutor’s office on charges of violations of
Anti-graft law.
Tanod bayan and his assistance.
Military Tribunal – Governed by the Articles of
War.
Note: Metropolitan Trail Judges of the NCR
(Manila) and the RTC judges are no longer
authorized to conduct preliminary investigation,
but still have the authority to determine the
existence of probable cause for the issuance of a
warrant of arrest or search warrant.
All criminal actions either commended
by complaint or information shall be prosecuted
under the control and direction of the
prosecutor. However, the MTC and MCTC when
there is no prosecutor available, the offended
party, any peace officer charged with the
enforcement of the law violated may prosecute
the case.
Municipal Mayors in the absence of the
inferior judge cannot conduct preliminary
investigation, nor issue warrant of arrest, the
Local Government Code.
Court: The Third Pillar
Center Piece of the CJS
The court performs perhaps the most
important role in the administration of justice
because it is the court that everyone turns to
for justice
During the pre-Spanish times in the
Philippines, all trials of criminal and civil cases
were in public. The litigants in the case pleaded
their own case. There were no lawyers, Court
clerks or stenographers. The litigants presented
their witnesses. Before testifying, this witness
took an oath to tell the truth. The oath was in
various forms, such as that “may the crocodile
eat me”, “may I die if I tell a lie”, “may no
woman love me”, or “may the moon frown upon
me”. To our forefathers, their oaths were scared.
Perjury was rare in the early trials. The Barangay
court decided the case in favor of the litigants
who presented more proofs than the other.
In criminal cases, when there was doubt
as to who of the accused person really
committed the crime, Trial by Ordeal was
resorted to. It was believed that the gods
protected the innocent and punished the guilty.
Through the ordeal the gods revealed divine
truth to the people. Thus, an accused person
who was innocent was believed to be always
successful in the ordeal because the gods would
make him win.
The court system plays an “integral role”
in the administration of criminal justice. Once a
defendant has been arrested, courts are
responsible for the proper adjudication of the
case. If a case proceeds through all stages of the
criminal justice process, the courts will be
involved in most aspect of the case.
The role of the court is to interpret and apply
the laws of the land.
a. Judges supervise police procedures by
signing warrants and rulling on the
admissibility of evidence.
b. Judges interact with defendants by
informing them of the charges against
them, accepting pleas, setting bail,
43
providing counsel, and sentencing them
to a particular punishment.
c. Judges supervise prosecutors and
defense attorneys doing preliminary
hearings and trials to ensure that the
rules of the court are followed.
d. In effect, judges must ensure that the law
is being followed and that the law is
applied fairly and properly.
The focus on the rights of the defendant is
inherent in the due process model of criminal
justice. The “due process model” states that a
defendant should not be adjudicated, convicted,
or punished without basic rules of procedure
being followed. This is to ensure that only the
truly guilty are convicted and punished, and the
innocent people do not “fall through the
cracks”.
The crime control model of the criminal
justice argues that individuals who come into
contact with the system are more often than not
guilty, and that the system should be able to
provide smooth and efficient processing of
cases. The crime control model favors minimal
due process protections because of the belief
that these may free the guilty on technicalities,
thus contributing to an ineffective system or
justice.
A judge is characterized as a neutral,
impartial body who will be fair and deliberate in
his or her job. Judges must interpret the law and
sometimes a decision by a judge may seem
partisan or biased.
A judge has many responsibilities that
oversee the functioning of the players in the
system.
COURT AND JUDGE DISTINGUISHED
That a court is an in corporal entity
composed of one or more judges. It has a
personality separate and distinct from the men
who composed it. Judge alone does not
necessarily constitute a court for a while he is an
indispensable party he is not only a part of the
court. It is elementary; however, that court
cannot exist without a judge.
THE JUDICIAL PROCESS
The final determination of the innocence
or guilt of persons accused of crimes by the
Prosecution component is done by the Judicial
Component (the courts)
In the context of the Criminal Justice
System, after a suspect has gone through the
prosecutorial component, he is sent to the
proper Trial Court which then pass upon the his
innocence or guilt. If the Trial Court finds that his
guilt has not been proven beyond reasonable
doubt, or he is innocent, he is acquitted, and
there is an end to the matter. The accused
returns to the community, a free man. If the
court, however, finds that his guilt has been
proven beyond reasonable doubt, it sentences
him to the corresponding penalty. If the
judgment becomes final, the suspect is passed
on to the next component, the PENAL OR
CORRECTIONAL component.
JUDICIAL COMPONENT
Who are included in this component?
1. Court
2. Attorney in private practice
3. Public Attorney (PAO) and other legal
aid lawyers.
HOW ARE COURTS CATEGORIZED?
1. As to whether have original or
appellate jurisdiction or not.
a. Trial Courts:
− Regional Trial Courts
− Metropolitan Trial Courts
− Municipal Trial Courts in Cities
(they are also usually composed
of two or more branches).
− Municipal Trial Courts
− Municipal Circuit Trial Courts
(this presides over two or more
municipalities composed of two
or more branches)
b. Appellate/Review Court:
- Regional Trial Court
- Court of Appeal
- Supreme Court – have appellate
jurisdiction when a person is
charge for life imprisonment or
44
death penalty, which provided
by law automatically.
2. As to levels
a. Court of first level – Try and decide
in the first instance, those crimes
punishable by six (6) years and one
(1) day or higher.
- MTC, MCTC
b. Court of second level – Try in the
first instance all crimes punishable
by six (6) years and one (1) day or
higher.
- Review cases decided by the
court of first instance
- RTC
c. Court of third level – Court of
Appeals review decisions of court of
second level, except death and life
imprisonment.
d. Court of fourth level Supreme Court
review decision of Court of Appeal
and Regional Trial Court.
THE FOUR LEVELS INTEGRATED SYSTEM IN
THE PHILIPPINES
Jurisdiction
➢ It is the power and authority of the court to
take cognizance of an offense and to pronouns
the judgment or sentence provided by law
after trial in the manner prescribed.
Court must have jurisdiction of the following:
➢ The subject matter ➢ To determine whether or not there has been a Note: Research the copy of PD1508
➢ The person of the accused grave abuse of discretion amounting to lack
or excess of jurisdictions on the part of any PD 1508 or the Barangay law prescribes
➢ The territory where the offense was
branch or instrumentality of the government the procedure for setting disputes in Barangay
committed level. Cases falling within the jurisdiction of the
Criminal Procedure Barangay which are preferred first to the
Organization of Courts
➢ It is the method fixed by law for the Regular Courts Barangay Secretary for failure of the contending
apprehension and prosecution of a person parties to come into an agreement in the
➢ Intermediate Appellate Courts
who is supposed to have committed crime Barangay level. However, should there be an
⚫ Exercises administrative, ceremonial or
and for his punishment in case of conviction agreement reached before the Barangay
other non-adjudicatory functions
History and Structure of Courts Chairman or Pangkat ng Tagapagkasundo, the
➢ Court of the Gate
➢ Regional Trial Courts
⚫ Presided by 720 Regional Trial Judges in
Barangay Secretary transmit the settlement
⚫Ancient court of Israel
each region agreed upon by the parties to the Clerk of the
➢ Solon MTC within 15 days from the date of settlement.
⚫A chief magistrate of ancient Greece
➢ Metropolitan Trial Courts
➢ Rome Special Courts
Offenses Punishable by the RPC Cognizable
⚫Marked the development of complex structure
➢ Court of Tax Appeals
by the Lupon are:
of courts in which criminal, law, civil and other ⚫ Created under RA 1125
1. Alarms and Scandals (Art 155)
jurisdictions have been differentiated ⚫ Exclusive appellate jurisdiction to review
2. Use of false Certificate (Art 175)
➢ Ecclesiastical Courts an appeal of the decisions of the BIR
3. Concealing one’s true name and other
⚫Established by Romans after they have reverted
involving internal revenue taxes and
personal circumstances (Art 178, part 2)
from pagan courts decisions of the Bureau of Customs
4. Physical injuries in a tumultuous affray
⚫A tribunal exercising jurisdiction over religious
involving custom duties
(Art 252)
matters ➢ Sandiganbayan 5. Slight physical injuries and maltreatment
➢ Military Courts ⚫ Created by PD 1606
(Art 266)
⚫courts with jurisdiction over persons in military Quasi-judicial Agencies 6. Other forms of trespass (Art 266)
service both in time of war and in time of peace. ➢ These are administrative bodies under the 7. Other slight threats (Art 285)
Duties of the Courts of Justice executive branch 8. Other light coercions or unjust vexations
➢ To settle actual controversies involving rights ⚫ National Labor Relations Commission
(Art 287)
which are legally demandable and ⚫ Board of Compensation
9. Some forms of theft (Art 308, part 3 and
enforceable ⚫ Employees Compensation Commission
Art 309, part 8)
Jurisdiction of Barangay Justice System
45
 10. Altering boundary or land marks (Art
313)
11. Other deceits (Art 318)
12. Arson of property of small value (Art 323)
13. Social cases of malicious mischief (Art
328)
14. Other mischief (Art 358)
15. Slander by deed not of serious nature
(Art 359)
16. Slight Slander (Art 358)
17. Intriguing against honor (Art 364)
18. Theft, swindling or malicious mischief
committed or caused mutually by certain
relatives, where there is no criminal but
civil liability.
All of these are punishable by imprisonment not
exceeding 30 days and/or fine does not
exceeding 200 pesos.
Jurisdiction of MTC
1. All violations of city or municipal
ordinance committed within their
respective territorial jurisdiction.
2. All offenses punishable with
imprisonment of not exceeding 4 years
and 2 months or a fine not more than 4000
or both. Provided that in offences
involving damage to property through
criminal negligence, it shall have
exclusive jurisdiction where the
imposable fines does not exceed 20,000
pesos.
Jurisdiction of RTC in Criminal Case
RTC are now vested with exclusive
original jurisdiction to try all offenses
punishable with imprisonment higher than 6
years but jurisdiction over criminal cases
heretofore cognizable by the Sandiganbayan
where the penalty by law is still limited to more
than 4 years and 2 months but not higher than 6
years or a fine of more than 4000 pesos but not
higher than 6000 pesos or both, as provided for
in PD No. 1861 is not affected by RA No. 7691,
otherwise there will be no more cases left to be
tried by the Sandiganbayan.
Jurisdiction of the Sandiganbayan
1. Cases involving violations of RA 3019 as
amended otherwise known as the Anti-
graft and Corrupt Practices Act. RA 1379
(Unexplained Wealth) and Chapter II,
Section2 title VII of the Revised Penal
Code (Bribery).
2. Other felonies or offenses commited by
public officers and employees in relation
to their office, including those employed
in government owned or controlled
corporations whether simple or complex
with other crimes, where the penalty by
law is higher than Prison Correctional or
Imprisonment for 6 years or a fine 6, 000
46
pesos. Provide, however, that offenses or
felonies mentioned in this paragraph
where the penalty prescribe by law does
not exceed Prison Correctional or
Imprisonment for 6 years or a fine of 6,
000 pesos shall be tried by the proper
RTC, metropolitan trial court, MTC or
MCTC.
Role of the Court in the Criminal Justice
System
➢ To settle actual controversies involving rights
which are legally demandable and
enforceable
➢ To determine whether there has been grave
abuse of discretion amounting to lack of
jurisdiction on the part of any branch or
instrumentality of the government
➢ To render authoritative judgment
➢ The frontline defender of democracy,
freedom and human dignity
➢ The only institution capable of identifying and
maintaining the proper balance between the
conflicting rights of the individual and those
of the state and society
➢ It is the court that everyone turns to for justice
➢ It is twisted as a shield of innocence and the
impartial guardian of every private civil rights
➢ It is the court that our citizens primarily feel
the keen cutting edge of the law
➢ The final arbiter of justice
Important Functions of the Court . Final Judgment Corrections consist of those executive
➢ Resolve disputes among members of the agencies at all levels of government that are
society The Correction Pillar: Fourth Pillar both directly and indirectly for the following
➢ Provide protections from illegal action by the ➢ The correction is that branch of administration functions;
government and individuals charged with the responsibility for the 1. To maintain institutions. The correction is
➢ Occasionally resolve disputes of great custody, supervision and rehabilitation of the responsible for maintaining prisons, jails,
political and social significance offender halfway houses, and other institutional
Stages of Court Proceeding ➢ Rehabilitation is another goal of corrections facilities to receive convicted offenders
➢Civil Action ➢ Reintegration is the latest philosophical basis sentenced to a period of incarceration by
⚫Issue for corrections the court.
⚫Pre-trial The primary concern of penology is what 2. To protect law-abiding citizens.
•Amicable settlement to do with prisoners. An old approach to these Corrections are responsible for
•Eliciting more admissions fundamental calls for his elimination, or at least providing custody and security in order
•Disclosure of evidence banishment and isolation from society. But the to keep sentenced offenders from
•Other means to expedite the era of purely vindictive societal reaction has preying on other members of society
proceedings given way to the humane treatment of criminal through the further commission of crime.
⚫Trial offenders resulting in the present-day policy on 3. To reform offenders. During their period
⚫Judgment rehabilitation or reformation. of incarceration in a correctional
➢Criminal Action Today, the correctional programs are institution, corrections are given the
⚫Police investigation administered apart from the parole and function of developing programs that will
•Arrest probation programs – the latter two assist the offender in returning to society
•Warrantless arrest programs/systems are being administered by upon his or her release and to lead a non-
•Rights of person under custodial the Parole and Probation Administration. Even criminal life.
investigation the correctional institutions are administered 4. To deter crime. Corrections will lead
⚫Preliminary investigation separately: the city and municipal jails, by the incarcerated offenders to become law-
⚫Criminal Action Proper Bureau of Jail Management and Penology abiding lives through the experiences in
•Warrant of arrest (BJMP); the Provincial Jails by the Provincial prison and denial of liberty.
•Arraignment Executive; the National Prisons and Penal
•pre-trial Colonies by the Bureau of Corrections (BOC). Corrections of Criminals
•Trial The BJMP took the place of INP (PNP) while BOC ➢ Penology
•Judgment took the place of Bureau of Prisons (BOP). ⚫ The study of punishment for crime or of

. Appeal criminal offenders

47
 ⚫ It includes the study of control and
prevention of crime through punishment of
criminal offenders
⚫ Derived from the Latin word “poena”,
meaning “pain or suffering”
⚫ Otherwise known as Penal Science
Principal Aims of Penology
➢ To bring light in the ethical barriers of
punishment, along with the motives and
purposes of society inflicting it
➢ To make comparative study of penal laws and
procedures through history between nations
➢ To evaluate the social consequences of the
policies enforced at a given time
➢ Penal Management
⚫ The manner or practice of managing or
controlling places of confinement as in
jails and prisons
➢ Corrections
⚫ Field of criminal justice administration
which utilizes the body of knowledge and
practices of the government and the
society in general involving the process of
handling individuals who have been
convicted of offenses for the purpose of
crime prevention and control
Punishment and the criminal
➢ Punishment
⚫ It is the redress that the state takes against
an offending member of society that
usually involve pain and suffering
⚫ The penalty imposed on an offender fro a
crime or wrongdoing
Jails
Jails are primarily adult penal institutions
used for the detention of law violators. Its
original function was to house pre-trial detainees
or to serve as a place for the detention of
accused persons charged with having
committed crimes.
Dual Role of Jail
1. As a place of detention for those awaiting
final disposition of criminal action.
2. For the service of short sentence of not
more than:
a. Six months for those categorized as
city or municipal prisoners;
b. Not more than 3 years or with a fine of
not more than 1000 pesos for those
categorized as provincial prisoners.
c.
Types of Jail
The modern jail system falls into 3 general
class:
1. The Lockup – This is a security facility
usually operated by the police
department for the temporary detention
of person held for investigation or
awaiting a preliminary hearing.
48
2. The Jail – This houses both offenders
awaiting court action and those
sentenced, usually up to 3 years.
3. The Workhouse Jail-farm or Camp – This
institution houses minimum custody
offenders serving short sentences,
usually not more than 3 years. Operated
by the BJMP or by provincial jail
administration.
Importance of Jail
Jails are intended not for the purpose of
letting one pay for the crime he committed, or to
serve as a form of punishment of sorts, but to
enable the wrongdoer to be reformed and
rehabilitated so that after his release, he will
become a law-abiding and useful citizen of the
community.
Prison
It houses prisoners, who by reason of
their sentence may be deprived of liberty for
more than 3 years. It is administered by the state
or national government.
The Philippine Prison System
Of the components of the CJS, correction
is the weakest, mainly because of its failure to
reform offenders and prevent them from
returning to a criminal life. Correctional services
in the Philippines are primarily the
responsibility of the Bureau of Corrections
under the Department of Justice.
There are more than 1,500 correctional
institutions in the Philippines. Of this number,
eight are national institutions in the supervision
and control of the Director of Correction, 73 are
provincial jails by the provincial governors and
assisted by jails wardens; and 61 are city and
1,445 municipal jails which are administered by
the BJMP.
Categories of Prisoners
a. Classification or categories of
Prisoners defined:
It refers to assisting or grouping of
offenders according to their sentence,
gender, age, nationality, health, criminal
records, etc.
b. Categories of offenders:
b.1 prisoner
b.2 detainees
c. Classification of Prisoners under PD
29:
1. City or Municipal Prisoners
Persons who by reason of their sentence may
be deprived of liberty for not more than 6
months. The imposition of subsidiary
imprisonment shall not be taken into
consideration in fixing the status of prisoner
here under except when the sentence imposes a
fine only.
2. Provincial Prisoners
Persons who by reason of their sentence may
be deprived of liberty for not more than 3 years
or are subjected to a fine not more than 1,000
pesos, or both. But if prisoners receive two or
more sentences in the aggregate exceeding the
period of 3 years, he shall not be taken into
considered a provincial prisoner. The imposition
of subsidiary shall not be taken into
consideration in fixing the status of a prisoner
hereunder except when the sentence imposes a
fine only.
3. All other prisoners are considered
national prisoners.
d. Classification of Detainees:
The 3 types of detainees are those:
1. Undergoing investigation (lockup)
2. Awaiting or undergoing trial.
3. Awaiting final judgment.
Halfway House
Halfway houses are group homes
designed to help institutionalized people adjust
to life in the outside community. Individual
halfway houses typically serve 15 to 30 residents
at any given time and their programs are
structured differently according to the
institutions prisons, psychiatric hospitals, or
substance-abuse treatment facilities, for
example that refers patient to them. Halfway
houses for psychiatric patients in the United
49
States proliferated in the 1960’s, in part due to a
popular reaction against long-term
institutionalization of mental patients.
Concurrently, penal experts began to see a
need for “transitional facilities” for long term
prisoners. It is difficult to estimate how many
halfway houses there are in the United States,
but they number in the thousands.
The regimen at the halfway houses which
can include group and personal counseling,
planned group activities, house meetings, and a
strict code of rules is designed to help
individuals make more responsibility for their
behavior.
Organizational Set-up of the Bureau of
Corrections
1. New Bilibid Prison
Satellite Units
Bukang Liwayway Camp – houses minimum
security prisoners who work in the various
projects of the institutions.
Sampaguita Camp – houses the medium
security prisoners. Reception and Diagnostic
Center and Youth Rehabilitation Center are
located.
2. San Ramon Prison and Penal Farm
(Zamboanga)
 Copra is one of the biggest sources of
income of the Bureau of Corrections. It also
raises rice, corn, coffee, cattle and livestock.
3. Iwahig Penal Colony (previously as
institution for incorrigibles). Houses well-
behaved and declare tractable prisoners.
Enjoys the reputation of being one of the
best open institutions all over the world.
a. Sta. Lucia sub-colony
b. Inagawan sub-colony
c. Montible sub-colony
d. Central sub-colony
The Iwahig Penal Colony administers the
Tagumapy Settlement. The settlement is 1,000
hectares, apportion of which was divided into 6
hectares homestead lots, which were distributed
to released inmates who desire to live in the
settlement.
4. Davao Penal Colony
Abaca is the main source of income in the
Bureau of Correction. The colony has been
engaged in a joint venture with Tagum
Development Company in a 3,000 hectares
banana plantation.
5. Correctional Institute for women
(Mandaluyong)
Houses female prisoners and conduct vocational
course in dress making, beauty culture,
nandicraft, cloth weaving and slipper making.
6. Sablayan Penal Colony and Farm
(Mindoro)
Rice is the principal product of the colony. It is
self-sufficient in rice and raises vegetables for
the colony and for the inmates of the New Bilibid
Prison.
7. Correctional Centers
a. Rehabilitations centers for the Youth
Offenders – whose ages ranges from 9 to
below 18 years of age. To be committed
to the care of the DSWD.
b. Drug Addicts Rehabilitation Centers –
these centers has been established for
the treatment of drug dependants. The
existing Treatment and Rehabilitation
Center is operated and maintained by
the NBI at Tagaytay City and being
funded by the Board.
Rehabilitation and Treatment Programs
Rehabilitation program of prisoners can
be carried out through the process of
classification, custody and control of prisoners.
a. Employment of prisoners
b. Religious services
c. Educational programs
d. Recreational programs
e. Library services
f. Health and medical services
g. Counseling
Community-based Treatment Programs
➢ Probation
50
A disposition whereby a defendant, after
conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
released subject to the conditions imposed by
the releasing court under the supervision of a
probation officer.
➢ Parole
The process of suspending the sentence of a
convict after having served the minimum of his
sentence without granting him pardon, and
prescribing the terms upon which the sentence
shall be suspended
Executive Clemencies
➢ Amnesty
➢ Commutation
➢ Reprieve
➢ Pardon
The Community Pillar
COMMUNITY = The fifth pillar in the Criminal
Justice System. This includes individuals, private
groups and public entities who when performing
or are involved in related criminal justice
activities become a part of the system.
Community- refers to people with common
interest of living in a particular area.
A group of people with a common characteristic
or interest living together with a larger
society.
An interacting population of various kinds of
individuals in a common location.
= A law-making body becomes part of the
system at the time it is engaged in the process of
enacting a proposed law intended to improve
law enforcement or correctional methods.
= Any executive agency of the government such
as the educational welfare, health, community
development, or any public office becomes a
part of the system while engaged in activities
directly or indirectly contributing to the
prevention or control of crime.
= Private associations or unions, neighborhood
action groups and individual citizens may also
become important functionaries of the system if
involved in such types of activity.
= The community is responsible for accepting
the re-entry/re-integration of an ex-convict into
its folds.
HOME = The “cradle of human personality” for
in it the child forms fundamental attitudes and
habits that endure throughout his life.
A home is said to be a good home for a
child if the following conditions are present:
a. The child is loved and wanted and
knows it.
b. He is helped to grow up by not having
too much or too little done for him.
c. He is a part of the family and he has
fun with the family to which he
belongs.
d. His early mistakes are understood as
a normal part of growing up and he is
corrected without being hurt, shamed
or confused.
e. His growing skills (walking, talking,
reading, making things) are enjoyed
and respected.
f. The family sticks together and the
members help one another.
g. He is moderately and consistently
disciplined from infancy, limits are set
for his behavior, and he is helped to
take increasing responsibility for his
own condition.
SCHOOL = The school exercises authority over
every child who is of school age. It has an
excellent opportunity to influence his attitudes
and behavior.
Four fold responsibilities
a. It should plan an adequate school
program that fits the needs of all
school children and results in their
wholesome growth and development.
b. It should identify those children who
show signs of being susceptible to
delinquent patterns of behavior and
take the proper preventive or
remedial measure to ensure better
adjustment.
51
c. It should work closely with parents
and neighborhood leaders to assist
them in developing a better
understanding of the individual child
and to help them remove
neighborhood influence that are
inimical to the child’s welfare.
d. It should cooperate with all other
community agencies and
organizations such as churches, social
welfare and development, juvenile
control units and similar entities in an
coordinated plan to meet the needs of
the child in the most effective and
constructive way.
CHURCH = The church of any denomination
which points out to the faithful their relationship
to God, their fellowmen, and who by work and
example leads to live a moral life.
a. The church should cooperate closely
with the police, social workers, school
authorities, correctional institutions
and other agencies dealing with
problem children, delinquents or
criminals.
b. It should provide official
representatives to serve as qualified
counselors in private and government
agencies dealing with delinquents
and criminals.
 c. It should present a united front in
attacking the forces that are
detrimental to family life and general
morality and in promoting proper law
enforcement, adequate regulation of
commercial recreation and the
development of better recreational
facilities.
d. It should strive to give religion a more
dignified and influential position in
the program of correctional
institutions.
GOVERNMENT = This is the duly constituted
authority that enforces the laws of the land and
as such it is most powerful institution as far as
control of the people is concerned. Respect for
the government is influenced by the respect of
the public for the people running the
government.
= When the people see that public
officials and employees are the first ones to
violate or refuse to obey, they lose respect for
the government. Corrupt officials set bad
examples for others to follow and create an
atmosphere which is conducive to crime and
disrespect for the law. The pattern of conduct set
by the government officials influences the
conduct of the people in the community.
MASS MEDIA AND RADIO BROADCASTING
= These are the best instruments for information
dissemination and the best source of knowledge
for the public.
- Through these, public opinions are
formed and it is where their influences
lies. Mass media and radio programs
should be constructively designed to
influence the opinions, emotions, and
behavior of the people, particularly in its
campaign for the restoration of peace
and order.
OTHER COMMUNITY AGENCIES
BARANGAY = According to theory and
factual observation, active community
involvement or group participation can be best
achieved through the barangay and its
members, since it is a cohesive group of
inhabitants processing commitment and
performing a well-defined and significant role
which can be transformed into effective and
harmonious action for the prevention and control
of crime and delinquency.
THE ROLE OF THE COMMUNITY IN THE
REFORMATION AND REHABILITATION OF
OFFENDERS = The community should form an
association that would cordially welcome
individuals from the prison walls and appraise
them of their importance in society. Accepting
the presence of an ex-prisoner in a free
community will help him overcome his
psychological hang-ups and make him realize
that he is a part not apart from society. His sense
52
of responsibility to live a normal life will be
developed, enabling him to adapt and adjust his
ways of life in accordance with the norms of
society.
THE ROLE OF THE YOUTH IN NATION-
BUILDING = The youths are also contributing
their share in the great task of nation-building
through civic involvement and active
participation in meaningful activities like
reforestation, food production, sanitation,
beautification, adult education, information
drives, cooperative projects, and other
development programs.
THE ROLE OF LOCAL GOVERNMENT
UNITS = With regard to peace and order, local
residents are the persons who are in a better
position to know and understand their problems.
Within their immediate surroundings and
environment, they can see, touch, and feel their
local peace and order conditions everyday and
realize their effects as well as the urgency of
solving them.
Self-reliance is the key to cope with one’s
problems. The may be achieved by allowing
them to use their own resources and skills in
providing tranquility among members of the
local community and by giving them more
opportunities to govern themselves.
In summary, the community at large –
through the appropriate legislative agencies,
public and private educational institutions,
parents and guardians, churches, religious
organizations, civic associations, etc – develops
and exacts conformity with acceptable moral
and ethical values, creates the environment for
the development of civic-spirited citizens, and
fosters respect for and observance of the Rule of
Law.
The Community Component should also
include government institutions that play a role
in the CJS, such as the Bureau of Post – which
delivers court notices; the Commission of
Immigration and Deportation – which may
prevent the departure of suspects from the
country, the Bureau of Telecommunications –
which transmits communications by telephone,
telegram, or radio; the government hospitals
and medical centers (like the National
Psychopathic Hospitals) – which furnish experts
who may enlighten the courts on issues
involving medical or other sciences, etc. private
institutions and civic organizations should also
be deemed part of, since they may also have
roles to play in, Criminal Justice System.
WHAT IS RESTORATIVE JUSTICE?
Restorative justice is a theory of justice that
emphasizes repairing the harm caused or
revealed by criminal behavior. It is best
accomplished though cooperative processes
that include all stakeholders.
Restorative justice is not a new concept. It
represents a traditional view of crime by
recognizing that crime hurt everyday people.
Today when a crime is committed, the
government views that crime as a breach of the
state’s law. However, Restorative Justice focuses
on the injured victim as well as the broken low,
and seeks to heal those injuries and restore the
right order for the community, rather than solely
offering retribution.
IS “RESTORATIVE JUSTICE” a new idea?
“Restorative Justice” is simply a new name
being applied to an age-old concept and
tradition. In the last two decades, this manner of
addressing harm has gained exposure and
popularity as people become increasingly
frustrated with the ineffectiveness of the
retributive and punishment-oriented
approaches. Restorative justice has been
practiced for centuries across different cultures
and faith communities, and may carry different
names such as “Healing Justice”, ”Biblical
Justice”, ”Transformative Justice”, and
“Relational Justice”. In many indigenous
cultures, it is natural way of approaching issues
and does not designated name.
Three principles form the foundation for
restorative justice:
1. Justice requires that we work to restore
those who have been injured.
2. Those most directly involved and
affected by crime should have the
53
opportunity to participate fully in the
response if they wish.
3. Government’s role is to preserve a just
public order, and the community’s is to
build and maintain a just peace.
Retribution leads to increased fear and
threats and actions of retaliation which lead to
mere fear and threats and actions of retaliation.
Conventional justice systems (sometimes
referred to as “retributive justice”) ask three
basic questions:
• What laws have been broken?
• Who broke the laws?
• How shall the lawbreaker be
punished?
The fundamental questions of restorative
justice, on the other hand, are:
• Who has been harmed?
• How can these harms be addressed
or repaired?
• Who should address or repair the
harms?
Three principles form the foundation for
restorative justice:
1. Justice requires that we work to restore
those who have been injured.
2. Those most directly involved and
affected by crime should have the
opportunity to participate fully in the
response if they wish.
How will people learn right from wrong if we
don’t focus on punishment? Don’t there have
to be consequences for harmful actions?
Restorative justice is committed to direct
accountability and healing what has been
broken, as much as that is possible. In many
cases, punishment is not what is needed to teach
right from wrong, but rather helping the
wrongdoer gain greater understanding of the
impact of his/her actions. Certainly, obligations
are created when someone has caused harmed,
and those obligations must be met. In doing so,
however, the meeting of obligations must not be
imposed as meting out pain for the wrongdoer,
but rather encouraging that person to take
responsibility in ways that address the harm and
help prevent further harmful behavior.
Some of the programmes and outcomes
typically identified with restorative justice
include:
• Victim offender mediation
• Conferencing
• Circles
• Victim assistance
• Ex-offender assistance
• Restitution
• Community service
Restorative programs are characterized by
four key values:
1. Encounter: Create opportunities for
victims, offenders and community
members who want to do so to meet to
discuss the crime and its aftermath
2. Amends. Expect offenders to take steps
to repair the harm they have caused
3. Reintegration: Seek to restore victims
and offenders to whole, contributing
members of society.
4. Inclusion: Provide opportunities for
parties with a stake in a specific crime to
participate in its resolution
POLICE ETHICS AND COMMUNITY
RELATION
A. DEFINITION OF TERMS:
Police Ethics – It is a practical science that
treats those principles of human morality and
duty as applied to law enforcement.
Ethics – It is the normative science of the
conduct of human being living in a society. They
are rules of conduct.
Moral virtue – It concerns an action that
pertains to ones duties towards his neighbors
and himself.
Virtue – It is a habit which inclines man to act in
a way that harmonizes with his nature.
Neglect of Duty or Non-Feasance - It is the
omission or refusal, without sufficient excuse, to
54
perform an act of duty, which it was the peace
officers legal obligation to performs, it implies a
duty as well as its breach and the fact can never
be found in the absence of a duty.
Irregularities in the Performance of Dutyor
Misfeasance – Is the improper performance of
some act which might lawfully done.
Misconduct or Malfeasance – Is the doing
either, through ignorance, intention or malice, of
that which the officer had no legal right to do all,
as where he acts without any authority
whatsoever. Misconduct generally means
wrongful, improper or unlawful conduct,
motivated by premeditated, obstinate or
intentional purpose.
Incompetency – is the manifest lack of
adequate ability and fitness for the satisfactory
performance of police duties. This has reference
to any physical, intellectual quality the lack of
which substantially incapacitates one to perform
the duties of peace officers.
Oppression – Imports an act of cruelty, severity,
unlawful execution, domination, or excessive
use of authority. The exercise of the unlawful
powers or other means, in depriving an
individual of his liberty or property against his
will is generally an act of oppression.
Dishonesty – Is the concealment or distortion of
truth in a matter of fact relevant of ones office or
connected with the performance of his duties.
Disloyalty to the Government – Consists of
abandonment or renunciation of ones loyalty to
the government of the Philippines, or advocating
the overthrow of the government.
Violation of Law – Presupposes conviction in
court of any crime or offense penalized under
the Revised Penal Code or any special law or
ordinance.
B. Four cardinal virtues that serve as the
basis of formulating the behavior of
policeman
a. Prudence – It is one’s ability to govern and
discipline oneself by means of reason and
sound judgment
b. Temperance – It one’s ability to moderate or
to avoid something. It is a virtue which
regulated the carnal appetite for sensual
pleasures.
c. Fortitude – Firmness of mind. It is the
courage to endure without yielding. A virtue
which incites courage.
✓ Patience - Calmness and composure in
enduring something.
✓ Perseverance – It is the ability to go on
inspite of obstacle or opposition
✓ Endurance – It is the ability to last.
d. Justice – It is a virtue that inclines the will to
give to each one his rights.
C. Three (3) Divisions of Justice
a. Commutative Justice – It is a virtue
that regulates those actions that
involve the rights that exist between
one individual and another individual.
Any violation of the commutative
justice imposes in the guilty person
the duty of restitution. (The duty of
repairing the harm caused).
Example: SPO1 Carpio violates commutative
justice if he steals the gun of Pat. Reyes.
b. Distributive Justice – It regulates
those actions that involves the rights
which
an individual may claim from society.The state
must distribute the common burdens and
privileges equitably and must make it possible
for each citizen to exercise his rights.
Example: A Mayor violates distributive justice if
he confers an honorary title on an undeserving
relative of his.
c.Legal Justice – It is a virtue that regulates
those actions which society may justly require of
the individual for the common good.
Example: The state may make laws concerning
imports. If a man smuggles contraband into
country, he violates legal justice.
D. Two (2) Fundamental Laws of Human
Society
1. Justice 2. Charity
The Law of Charity:
Man is by virtue a social animal. He is intended
to live his life in company with his fellow human
beings.
55
Man has certain obligations with regards
to his fellowmen. He is bound not only by the
law of justice, which obliges him to respect their
rights, but also by the law of charity, which
binds him to give them under certain conditions
whatever help they may require.
E. Exemption from the Doctrine of
“Command Responsibility”
An officer of the Police force who is
directly or immediately in command shall be
answerable under the doctrine of command
responsibility for any misfeasance, (Wrongful
doing of an act which might be done lawfully),
malfeasance (Commission of wrongful act) or
non-feasance (Failure to perform a duty) of his
subordinated.
Exemption:
1. When he was not properly informed
of the acts or omission of his
subordinated.
2. When he was not properly informed
and he conducted an immediate
investigation of such acts or omission.
3. When he acted upon lawful orders
from higher authorities.
G. CANONS OF POLICE ETHICS
The following are the canons of police ethics:
1. Primordial Police Responsibility
 The primary objective of police is the
prevention of crime, policeman knew too well
that he has committed his life to defend and
protect the rights of the citizen and uphold the
law at all cost.
2. Limitation of Police Authority
Policeman as an upholder of the law must know
its limitation upon him enforcing the law, thus:
a.He must be aware of the limitations which the
people, through the law, have placed upon him
b. He must recognize the center of the
democratic system of government which
gives no person or group of persons,
absolute power
c. He must insure that he does not prevent
its true character.
3. Knowledge of the Law and other
Responsibilities
a.The policeman shall assiduously apply himself
to the principle of the laws which he sworn to
applied.
b.He will make certain of his responsibilities in
the particular field of enforcement seeking aid of
his superior in matters technically or in principle
are not clear to him.
c.He shall make special effort to fully understand
his relationship with other law enforcement
agencies, particularly on matters of jurisdiction,
both geographically and substantively.
4. Use of Proper Means to Obtain Ends
a.The policeman shall be mindful of his
responsibility to have strict selection of
methods in discharging the duty of his office.
b.Violation of law or disregard of public safety
and property on the part of the officer are
intrinsically wrong. They are self-defeating if
they instill in the public mind and a like
disposition.
c.The employment of illegal methods, no matter
how worthy the end, certain to encourage
disrespect for the law and its officers, If the law
is to be honored, it must first be honored by
those who enforce it.
5. Cooperation of Public Officials
a.The policeman shall cooperate fully with other
public officials in the performance of authorized
duties, regardless of party affiliation or personal
prejudices.
b.He shall be meticulous, however, in assuring
himself of property, under the law, of such
actions and shall guard against the use of his
office or person whether knowingly or in any
improper or illegal action.
6. Proper Conduct and Behavior
a.The policeman shall be mindful of his special
identification by the public as an upholder of
law.
b.Police laxity of conduct or, manner in private
life, expressing either disrespect for the law or
seeking to gain special prevail, cannot but
56
reflect upon in the policeman and the police
service.
c.The community and the service requires that
the policeman leads the life of decent and
honorable person, following the career of
policeman gives him no special pre-requisite.
7. Conduct towards the Community
a.The policeman shall be mindful of his
responsibility to the community.
b.He shall deal with individuals of the
community in the manner calculated to instill .
c.He shall conduct his official life in a manner
that will inspire confidence and
trust.
d.He will be neither overbearing nor
subservient, as no individual citizen has no
obligation to stand in awe of him or fight to
command him.
e.He will do neither from personal preference or
prejudice but rather a duly
appointed officer of the law discharging his
sworn obligation.
8. Conduct in Arresting Law Violator
a.Policeman shall use his powers of arrest in
accordance with the law and with due regard to
the rights of the citizen concerned.
b.He shall, at all times, have a clear appreciation
of his responsibilities and limitation regarding
the detention of the accused.
c.He shall conduct himself in such a manner as
will minimize the possibility of having to use
force.
d.He shall cultivate a dedication to the people
and the equitable upholding of the law whether
in the handling of the accused or law abiding
citizen.
9. Firmness in Refusing Gifts & Favors
a.Policeman representing the government bears
heavy responsibility of maintaining,in his
conduct, the honor and integrity of all
government institution.
b.He shall guard against placing himself in a
position in which the public can
reasonably assume that special consideration is
being given.
c.He shall be firm in refusing gifts, favors or
gratitude, large or small, which can be public
mind, be interpreted as capable of influencing
his judgment in the
discharge of his duties.
10. Impartial Presentation of Evidence
a.Policeman shall concerned equally in the
prosecution of the accused of the defense of the
innocent.
b.He shall ascertain what kind of evidence and
shall present such evidence impartially and
without malice
c.He shall ignore social, political and all other
distinction among the person involve
strengthening the tradition of the reliability and
integrity pf an officers word.
d.He shall be, mindful that in many situation be
is the sole impartially testimony to the facts of
the case.
11. Attitude Toward Police Profession
a.Policeman shall regard the discharge of his
duties as a public trust and recognize
responsibilities as a public servant.
b.He shall strive to make the best possible
application of science to the selection of the
crime and in the field of human relation.
c.He shall strive for effective leadership and
public influence in matters affecting public
safety.
d.He shall appreciate the importance and
responsibility of his office, and hold police work
to be an honorable profession rendering
valuable service to his community.
e.Through study and experience, a police officer
can acquire the high level ofknowledge and
competence that is essential for the efficient and
effective
performance of duty. The acquisition of
knowledge is a never-ending process
and professional development that should be
pursued constantly.
H. Professional Police Principle
The following are the professional police
principles:
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1. Prevention of Crime and Disorder
The basic mission which the police exists is to
prevent crime and disorder as an alternative to
the repression of crime and disorder by police
force and severity of legal punishment.
2. Cooperation of the Community
a. The police must secure the willing
cooperation in the voluntary observance of law
to be able to secure and maintain the respect
and support of the community
b. The ability of the police to perform their duty
is dependent upon community support of police
existence, actions, behavior and the ability of
the police to secure and maintain community
and respect.
3. Unreasonable Force Reduce Community
Cooperation
A police officer will never employ unnecessary
force or violence and will use only such force in
the discharge of duty as is reasonable in all
circumstances. Force should be used only
with the greatest restraint and only after
discussion negotiation and persuasion have
been found to be inappropriate or ineffective.
While the use of force is occasionally
unavoidable, every police officer will refrain
from applying the unnecessary infliction of pain
or suffering and will never engage in cruel,
degrading or inhuman treatment of any person.
4. Use of Reasonable Force When Persuasion
is not Sufficient
a. The police should use reasonable force to
the extent necessary to secure observance of the
law or to restore order only when the exercise of
persuasion, advise and warning is found to be
insufficient to attain police objectives.
b. No violence or unnecessary force shall not be
subject to any greater restrain than is necessary
for his detention
5. Impartial Enforcement of Laws
a. The police seek and preserve
community favor, not by catering to community
opinion, but constantly demonstrating
absolutely impartial enforcement of laws without
regard to the justice and injustice of the
substance of p0articular laws.
b. Impartial enforcement of laws on all
individual members of the, society without
regard to their race or social standing.
6. The Community Are the Police
a. The police at all times should maintain
relationship with the community that
gives really to the historic tradition that
the police are the community is the
police.
b. The police are the only members of the
community who are paid to give full time
attention to maintain peace and order
which are incumbent on every citizen in and the responding PNP unit. This is inherent in
the interest of community welfare. the police service in which the profession,
armaments and safety life of every PNP
7. Police Should Not Usurp Judicial Powers members are dedicated to the protection and
The police should always direct their actions safety of the people.
strictly toward their functions and never appear
to usurp the powers of judiciary by averaging 10. Police Discretion
individuals of the state of authoritative judging A police officer will use responsibly the
guilt or punishing the guilt. discretion vested in the position and exercise it
within the law. The principle of reasonableness
8. Reduction of Crime and Disorder will guide the officers determinations and the
The test of police efficiency is the reduction of officer will consider all surrounding
crime and disorder until totally eradicated, not circumstances whether any legal action shall be
by evidence of police present and action in taken.
dealing with the community.
I. The PNP Core Values
9. Rule of Enforcement Impartially observed The police service is a noble professional and
a.Policemen engaged in anti-crime operation demand from its members specialized
must always consider the safety and security of knowledge, skill and high standard ethics and
who might be caught in the crossfire or arm morality. In this regard, the member of the
encounters Philippine National Police must adhere to and
b.The use of force including firearms, justifiable internalize the enduring core values of the PNP
only by virtue of the Doctrine of Self-Defense such as:
and Defense of Stranger . Nobody, including the
police man and other law enforcement a. Love of God
authorities, is above the law. b. Respect for authority
c. The use of force, especially firearms, c. Respect for women
should be applied only as a last resort, when all d. Respect for sanctity of marriage
other peaceful and non-violent means has been e. Stewardship over material things
exhausted. f. Responsible dominion
d. The use of force, especially firearms, g. Truthfulness
should be confined only in the lawless elements
58
J. The Police Officers Creed
1. I believe in God, the Supreme
Being a Great provider, the Creator of all
men and everything dear to me.
2. I believe that respect of authority is a
duty
a.I believe and uphold the Constitution, the laws
of the land and the applicable rules and
regulations
b.I recognize the legitimacy and authority of the
leadership, and follow and obey legal orders of
my superior officers.
3.I believe in selfless love and service to
people
Toward this end, I commit myself to the service
of my fellowmen over and above my personal
convenience.
4. I believe in the sanctity of marriage and
the respect for women
a. I shall set the example of decency
and morality
b. I shall have high regard for family
life and chastity
5. I believe in responsible dominion and
stewardship over materials things.
a. I shall inhibit myself from
ostentatious display of my
property.
b. I shall protect the environment
and conserve nature to maintain
ecological balance.
c. I shall not intrigue, gossip or make implement the human resources development
unverified statement concerning system, compatible to the equitable distribution
personal character or conduct of procurement, fair promotion, rationalized
which will discredit another approach in assignment, skill development,
member of the PNP. immediate grant of reward and award, decent
living upon retirement.
K. PNP Stand on Basic Issues
1. PNP Image 3. Police Management Leadership
The image of any organization affects the The effectiveness of the law enforcement is
esprit de corps, morale and welfare of members reflective of the managerial capabilities and
and sense of pride to the organization. In view competent leadership of men and women who
thereof, all members of the PNP should conduct run the PNP organization. It is therefore a
themselves in manner that would not place the “must” that this attributes be the primary basis
PNP core values in vain and possess the for consideration in the selection of personnel
following virtue: for employment and deployment purpose.
a. Honor
b. Integrity 4. Delicadeza
c. Valor a. In consonance with the requirements of
d. Justice honor and integrity in the PNP, all member must
e. Honesty have the moral courage to sacrifice self-interest
f. Humility in keeping with the time honored principles of
g. Charity Delicadeza.
h. Loyalty to the service b.All members shall promptly discharge all
debts and legal liabilities incurred by them.
2. Career Management the Key In
Professionalism 5. Equality in the Service
The improper implementation will greatly There shall be judicious equitable distribution of
prejudice the personnel professionalization opportunity to prove one’s worth in the police
process as regards procurement, promotion, service. The problem on inequality thru class
assignment, placement, training awards, and orientation and factionalism, both real and
retirement. To address the flaws, and PNP shall perceived, précised on favored assignment,
formulate stringent policy and strictly inequitable opportunity, of training, unfair
59
granting of promotion, and untimely awarding of
achievements will create an atmosphere of
demoralization.
6. Police Lifestyle
a.The PNP shall endeavor to promote lifestyle for
every member of the organization that is
acceptable and respectable in the eyes of the
public.
b.Police officers will behave in a manner that
does not bring discredit to their agencies or
themselves. A police officers character and
conduct
while off duty must always be exemplary, thus
maintaining a position of respect in the
community in which he or she lives and serves.
c. They must be free from greed,
corruption and exploitation
d. The public export a police officer
to live a simple, yet credible and
dignified life.
7. Police Patronage
All PNP members must inhibit themselves from
soliciting political patronage in matters
pertaining to assignment, awards, training and
promotion.
8. Human Rights
All PNP members must respect and protect
human dignity and men’s inalienable rights to
life, liberty and prosperity.
The Right to Life
The right to life includes the right to live, free
from social damages against life or limb, or free
from unjustified control. Thus,
1. Any person under investigation for the
commission of an offense have the
right to inform of his right to remain silent and
have competent and independent counsel of is
own choice. If the person cannot afford the
services of counsel, he must be provided with
one. These rights cannot be waived except in
writing and in the presence of counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against himself.
3. Any confession of admission obtained in
violation of due process shall be inadmissible in
evidence against him.
4. The law shall provide for penal and civil
sanction for violations of this section as well as
compensation and rehabilitation of victims of
torture or similar practices, and their
families.(Art. III, Section 12 of 1987 Const.)
The Right to Property
The property include the right to acquire,
hold, enjoy, posses and manage property or to
dispose the same accordingly as well as to
devote the same to legitimate use. Thus,
1. The right of the people to be secured in their
persons, houses, papers, and
60
effects against unreasonable searches and
seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant of
arrest shall be issued except upon probable
cause to be determine personally by the judge
after examination under oath or affirmation of
the complainant and the witnesses be may
produce, and particularly describing the place
to be searched and the person or thing to be
seized.
LPolice Professional Conduct
All members of the PNP shall observe the
following professional police conduct:
1. Commitment to Democracy
a. Uniform PNP members shall commit
themselves to the democratic way of life and
value maintains the principles of public
accountability.
b. Public office is a public trust. Public officer
must at all accountable to the people, serve
them with utmost responsibility integrity, loyalty
and efficiency, act with patriotism and justice,
and lead modest lives.
c. They shall at all times uphold the constitution
and be loyal to our country, people and
organization above loyalty to any person or
organization.
2. Commitment to Public Interest
a. PNP members shall always uphold public
interest over above personal interest.
b. All government properties, resources and
powers of their respective offices must be
employed and used effectively, honestly and
efficiency, particularly to avoid wastage of
public fund and revenues.
3. Non-Partisanship
PNP members shall provide service to everyone
without discrimination regardless of party;
affiliation in accordance with existing laws and
regulations.
PNP Conduct during Labor Dispute
1. The involvement of PNP during strike,
lockout, and labor dispute
in general shall limited to the maintain of peace
and order, enforcement of laws legal orders of
duly constituted authorities.
a. Insofar as practicable, no PNP personnel shall
be allowed to render services in connections
with strike or lockout if he related by affinity or
consanguinity within the fourth civil degree to
any official leader of the parties in controversy
or has any financial or pecuniary interest
therein.
b. PNP personnel detailed as peace keeping
force in strike or lockout areas shall be in
uniformed, with proper name cloth at all times.
c. He shall observe strict neutrality in his
dealings with both parties to the controversy
bearing in mind that the parties to the labor
dispute are not his adversaries but his partners
in the quest for industrial peace and human
dignity.
d. No personal escort shall be provided to any of
the parties to the controversy unless son
directed by the competent authority.
e. During pendency of a strike lockout, the PNP
personnel are discouraged from socializing with
any of the parties involved in the controversy.
f. The peace keeping detail shall not be
stationed in the picket but should station such
that their presence may deter the commission of
criminal acts from either side. The members of
peace keeping detail shall maintain themselves
outside a 50 meter radius from the picket line,
except if the 50 meter radius include public
thoroughfare, they may station themselves in
such public thoroughfare for the purpose of
insuring the free flow of traffic.
4. Physical Fitness and Health
All PNP members shall strive to be physically fit
and in good health at all
times. Toward this end they shall undergo
regular exercise and annual medical
examination in any PNP hospital or medical
facility.
5. Secrecy Discipline
All PNP members shall guard the
confidentiality of classified information against
unauthorized disclosure, including confidential
61
aspect official business special orders,
communication and other documents, roster or
any portion thereof of the PNP, contents of
criminal records , identities of person who may
have given information to the police in
confidence and other classified information on
intelligence materials.
a. Official Business
Members of the PNP shall treat official business
confidential and shall not impart the same to
anyone except those for whom it intended, or as
directed by their superior officer, or as required
by law.
b. Special Order
PNP members shall not divulge to any
unauthorized person any special order or
classified document which they may be made
accessible to or may receive or may pass their
hands.
c. Roster
PNP members shall not divulge the roster or any
portion thereof to any individual, firm or
corporation, or similar entity.
d. Criminal Record
Contents of criminal record shall not be exhibit
or divulge, any person other than the duly
authorized police officers or upon approval of
their superior officers, or as required by law.
e. Identity of Person
PNP members shall respect the confidence of
persons who may have given information or
seek the aid of the police voluntarily and
exclusively by then and who request that their
names and business or addresses be not be
made public except when required by law , or
which it is absolute necessary in the
performance of duty.
6. Social Awareness
All. PNP members and their immediate family
members shall be encouraged to actively get
involve in the religious, social and civic
activities to enhance the image of the
organization but without affecting their official
duties
7. Proper Care and Use of Public Property
All PNP members shall be responsible for the
security, proper care and use of
property issued to them and or deposited under
care and custody, unauthorized used of public
property for personal convenience or gain and
that of their family, friends, relatives I strictly
prohibited .
a. Retiring, resigning, or dismissed
members of the PNP shall
immediately surrender their badges,
service firearms, identification cards,
other insignia of office, and other
property of the PNP which may be
intheir possession or under their
responsibility.
c. All recovered property, these used in
the commission of crime or alleged to be so,
properly legally seized, found or surrendered
and those found on the person of a prisoner,
shall be property tagged and immediately
delivered to the proper custodian for
disposition.
8. Non-Solicitation of Patronage
a. All PNP members seeking self improvement
through career development and shall no be
directly or indirectly solicit influence or
recommendation from politician, high ranking
government officials, prominent citizens,
persons affiliated with civic or religious
organization with regard to their assignment,
promotion, transfer or related advantage.
b.Shall not initiate a petition to be prepared and
presented by citizen in their behalf.
c.Moreover, they shall advise immediate
relatives not to interfere in their activities in the
police service, particularly in the assignment
and re assignment of personnel.
d. Members of the PNP shall not, at any time,
suggest, solicit or recommend to
any particular bondsman or counsel for his
defense or release.
9. Respect for Human Rights
a. In the performance of duty, PNP
members shall respect human dignity
62
and uphold human rights of all
persons.
b. He shall not inflict, investigate, or
tolerate extrajudicial killing, arbitrary
arrest, any act torture or other cruel,
in human or degrading treatment and
punishment.
c. He shall not invoke superior order or
exceptional circumstances such as
state of war, a threat to national
security, internal political instability
or any committing such human rights
violations.
10. Devotion to Duty
a.All PNP members shall perform their duties
with dedication, efficiency, enthusiasm,
determination and manifest concerned for
public welfare.
b.He shall refrain from engaging in any activity
which shall be in conflict with their duties as
public servants.
c.He shall not reign sickness or injury or
physical incapacity to avoid
performance of duty.
d.He shall not leave his assigned jurisdiction of
official business, except by permission of his
superior officer or other competent authority,
unless such permission is not practical as in not
pursuit criminal, in which case a report must be
made immediately thereafter.
11. Conservation of Natural Resources
All members of the PNP shall help in the
development and conservation of our natural
resources for ecological balance and posterity
as those are the inalienable heritage of our
people.
Pollution – Means alteration of the physical,
chemical and biological properties of any water,
air\or land resources of the Phil. or any
discharge thereto of any liquid liquid gaseous or
solid wastes as well or is likely to create or to
render centrimentol or injurious to public
health.
Prohibited Acts
a. It shall be unlawful for any owner or
operator of motor vehicle to allow it to
discharge air pollution that levels greater than
acceptable pollutant concentration standards
prescribed by the National Pollution Control
Commission.
b.The owner or operator of a motor vehicle shall
not use his vehicle
or cause or allow it to be used unless such motor
vehicle meets the established emission
standards.
c. Any person, who shall litter or throw garbage,
filth, or other matters in public places, such as
roads, canal esteros or parks, shall suffer an
imprisonment of not less than P100.00 nor more
thanP200.00 or both such fine imprisonment at
the discretion of the Court.
d.It shall be unlawful for any person, who
directly or indirectly cuts, gathers, removes or
smuggles timber, or other forest product, either
from any of the public forest, forest reserves and
other kinds of public forest.
12. Discipline
PNP members shall conduct themselves
at all times in keeping with the rules and
regulation of the organization.
Tenets of Discipline
All policeman at all levels shall adhere to the
eight tenets of discipline, which
include the following:
a.One of the first signs of discipline is the stage
or orderliness and cleanliness of the
policeman’s place work. If a police station is
unkept, people cannot expect the kind positive
responds to their needs.
b.All police actions must be characterized by
courtesy and discipline.
c.All objectives of the PNP must always be for
the public interest and not private interest. The
people must feel that they are welcome to
approach any member of the PNP for assistance.
d.All citizens must be treated with dignity and
respect.
e.All police actions must be in accordance with
the law. Respect for human rights ad other laws
63
of the land must be primordial concern in the
exercise of police duties.
f.Basic police service must be rendered
equitably for all citizens and must not given in
exchange for any favor, reward or condition.
g.Involvement of police personnel in syndicated
crime particularly illegal gambling must not be
tolerated.
h.There is no substitute for leadership by
example. Police Commanders, asmodel of
public service, must show proper behavior not
only to their subordinates but also to the people.
13. Loyalty
PNP members must be loyal to the constitution
and the police service as manifested by their
loyalty to the superior peers and subordinate as
well.
14. Obedience to Superior
a.PNP members shall obey lawful orders and to
be courteous to superior officers and other
appropriate authorities within the chain of
command.
b.No members shall use abusive, insulting or
indecent language to another member.
15. Command Responsibility
a.In accordance with the Doctrine of Command
Responsibility, immediate commanders shall be
responsible for the effective supervision, control
and direction of their personnel.
b. He shall see to it that all government resource
with laws and regulations and safeguards
against losses thru illegal of improper
disposition.
Police Ethical Standards
All PNP members shall observe the
police ethical standards, which pertain to
established and generally accepted moral
values and ethnical acts such as the following:
1. Morality
a.All PNP members shall adhere to high
standard of morality and decency and shall set
good example for others to follow.
b.Hence, among others, and in no instance
during their terms of police shall they be
involved as owner, operators, manager or
investor in any house of ill-refute and illegal
gambling den or other places devoted to vice
or;
c.Shall they patronize such places unless on
officials duty, and not tolerate operations of such
establishment in their prospective areas of
responsibility,
d.They shall be faithful to their lawfully wedded
spouse.
2. Judicious use of Authority
a.All PNP members shall exercise proper
legitimate use of authority in the performance of
duty.
b.NO PNP members shall be permitted to apply
for search warrant for any evidence of assault
against him without reporting the case in writing
to his superior officer and obtaining from his
permission to apply for such warrant.
c.In no case shall any aggrieved PNP member
be permitted to serve such warrant.
Law of the Jungle
A PNP member, who happens to be a
victim of assault upon himself in his capacity as
an agent of a person in authority, cannot take the
law into his own hands. such being the case, he
has to ask police assistance to apply for a search
warrant and serve such warrant, as any other
citizen would ordinarily do if ever he is a victim
or a complainant of any act punishable by law.
The basic foundation of the rule is based
on the fact that society could not exist in a group
of people who are living in a territory unless
they govern themselves by rules and
regulations, because if they were not “Law of the
Jungle” will prevail.
The term “Law of the Jungle” is derived
from the word “jungle” itself, because in the
jungle, in order that the “King of the Jungle”, the
lion could continue to live or to exist, it has to kill
its fellow creatures and or use them for food. But
man is higher than animals. He is wise and uses
64
his power to think unlike animals that are only
government by their instincts.
3. Justice
PNP members shall strive constantly to
respect the rights of other so that they can fulfill
their duties and exercise their rights as human
beings, parents, children, citizens workers,
leaders, or in other capacities and to see that
others do likewise.
4. Humility
a. All PNP members shall recognize the fact
that they are public servants and not the
master of the police and toward this end,
they should not perform their duties
without arrogance.
b. They should also recognize their own
inadequacies, inabilities and limitations
as individuals and perform their duties
without attracting attention or expecting
the applause of others.
5. Orderliness
All PNP shall follow logical procedure in
accomplishing task assigned to them to
minimize waste in the use of time, money and
efforts
6. Perseverance
Once a decision is made all PNP members shall
take legitimate means to achieve the goal even
in the face of internal or external difficulties, and
despite of anything which might weaken their
resolve in the course of time.
7. Integrity
PNP members shall not allow themselves
to be victims of corruption and dishonest
practices in accordance with the provision of
existing laws on corrupt practices.
Custom and Tradition
The PNP adopts the generally acceptable
customs and traditions base on the desirable
practices of the police. These shall serve as
inspiration as the PNP endeavor to attain its
goals and objectives.
POLICE CUSTOMS AND COURTESY
The following are customs and courtesies in the
PNP.
1. Courtesy
A manifestation or expression of consideration
and reports on others.
2. Salute
Is the usual greeting rendered by uniformed
members upon and recognizing person entitled
to salute.
3. Salute to National Color and Standard
PNP members stand at attention and salute the
national color and standard as it pass by them or
when the national color is raised or lowered
during ceremony.
4. Address∕Title
Junior in rank address senior members who are
entitled to salute with the word “Sir”.
5. Courtesy calls
The following are the customs on courtesy calls:
a. Courtesy call of newly assigned∕ appointed
members
PNP members who are newly appointed or
assigned in a unit or command, call on the Chief
of the Unit or command and to other key
personnel for accounting, orientation and other
purposes.
b. New year’s call
PNP members pay a new year’s call on their
commanders and∕ or key official in their
respective areas of responsibility.
c. Promotion call
Newly promoted PNP members call on
their unit head. On this occasion, they are
usually given during recognition and
congratulations by their peers for such deserved
accomplished
d. Exit call
PNP members pay an exist call on their
superiors in the unit or command when relieve
or reassigned out of the said unit or command.
6. Courtesy of the Post
65
The host unit extends hospitability to visiting
personnel who pay respect to the command or
unit.
Rank has- its –own Privilege
PNP members recognize the practice that
different rank carry with them corresponding
privilege.
POLICE CUSTOM ON CEREMONIES
Ceremony
A formal act or set of formal acts established
by custom or authority as proper to special
occasion.
1. Flag Raising Ceremony
PNP members honor the flag by raising it
and singing the National Anthem before the start
of the official day’s work for the week.
2. Flag Retreat Ceremony
At the end of the Official day’s work to PNP
members pause for a moment to salute the
lowering of the flag.
3. Half- mast
The flag is raised at half-mast in difference to
deceased uniform civilian member of the
command.
4. Funeral Service and Honor
Departed uniformed members, retires, war
veterans are given vigil, neurological services
and graveside honor as a gesture of farewell.
5. Ceremony tendered to Retires
 In recognition of their long, faithful and
honorable service to the PNP, a testimonial
activity is their honor.
6. Honor Ceremony
Arrival and departure honor ceremonies are
tendered to visiting dignitaries, VIPs PNP
Officers of equivalent grade of Chief
Superintendent and above and AFP Officers of
equivalent grade.
7. Turn- Over Ceremony
The relinquishment and assumption of
command key position is publicly announced in
a Turn-Over Ceremony by the incoming
outgoing officers in the presence of the
immediate superior or his representative and
key officials.
8. Wedding Ceremony
During marriage of the PNP members, a
ceremony is conducted with participants in
uniform and sword drawn.
9. Anniversary
The birth or institutional establishment of a
command or unit is commemorated in a
Anniversary Ceremony.
POLICE TRADITION
Tradition
Is a body of belief, stories, customs and
usages handed down from generation to
generation with the effect of unwritten law?
The following are police traditions.
1. Spiritual Beliefs
The PNP members are traditionally religious
and god loving person. They attend religious
service together with their family.
2. Valor
History attests that Filipino law- enforcers
and exemplified the tradition of valor in
defending the country from aggression and
oppression. They sacrifice their limbs and lives
for their countrymen they are pledge to serve
3. Discipline
The discipline of PNP members manifested
by instinctive obedience to lawful orders and
through and spontaneous actions within the
bounds of ethical and legal norms.
4. Gentlemanliness
PNP members are upright in character,
polite in manners, dignified in appearance and
sincere in their concern of their fellowmen.
5. Word of Honor
PNP members word is their hand; they stand
by and commit to uphold it. PNP members have
historically exemplified themselves as
dedicated public servants who perform their
duty with deep sense of responsibility and self-
sacrifice.
6. Loyalty
Police are traditionally loyal to the
organization country people as borne out by
history and practice.
7. Camaraderie
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The binding spirit that enhance teamwork
and cooperation in the police organization,
extending to the people they serve is manifested
by the PNP members deep commitment and
concern for one another.
POLICE CUSTOM AND SOCIAL DECORUM
A set of norms and standards practice by
members during social and other functions. The
following are police customs and social
decorum.
1. Proper Attire
PNP members always wear appropriate and
proper attire in conformity with the occasion.
2. Table Member
PNP members observe table etiquette at all
times.
3. Social Graces
PNP members conduct themselves properly
in dealing with the people during social
functions.
4. Uniform Appearance
The public looks upon PNP members as
distinctively decent when PNP members wear
their uniforms properly wherever they may be.
Since disciplined PNP members are best
exemplified by those whose are neat in
appearance and wearing the prescribed
uniform, they must therefore observe the
following:
a. Wearing the prescribed uniform.
 b. Wearing as a part of the uniform, awards
and decorations earned in accordance
with the prescribed rules and
regulations.
c. Adherence to haircut prescribed by rules
and regulations.
5. Manner of Walking
Every PNP member is expected to walk with
pride and dignity.
OTHER POLICE CUSTOMS
The following are other customs:
1. Visiting the Sick
PNP members who are in the hospital, their
residence or any place of confinement are
visited by their immediate commanders or other
available officers of the unit in order that their
needs are attended to.
2. Survivor Assistance to Heirs of Deceased
Members
When PNP members die, a survivor officer is
designated to render maximum assistance to
their legitimate bereaved gears until all benefits
due shall have been received.
3. Visiting a Religious Leaders
PNP members officers visiting a religious
leader in their area of assignment to establish or
maintain rapport and cooperation between the
different religious leaders and PNP.
4. Athletics
All PNP members undergo in physical fitness
activities to insure their proper physical
appearance and bearing are maintain with the
waist line measurement always smaller than the
size of his chest and in conformity with the
standard set forth by the organization.
5. Happy Hours
Usually on Friday on any other day suitable
for the occasion. PNP members gather a PNP
Clubhouse for a light hearted jesting or airing of
minor gripes.
L. Police Officers Pledge
1. I will love and serve God, my country and
people.
2. I will uphold the Constitution and obey legal
orders of duly constituted authorities.
3. I will oblige myself to maintain high standard
of morality.
4. I will respect the customs and traditions of the
police service.
5. I will live e decent and virtuous life to serve as
an example.
POLICE COMMUNITY RELATIONS
Definition of Terms:
Police
Is a group persons established,
maintained and organized for keeping order.
safety, protection of lives and properties and for
prevention and detection of crimes.
67
Community
Refers to the civilian populace in cities,
municipalities or public in general, and shall be
used interchangeably with public, citizenry,
society, or private sector.
Police Ideal
Is the expected essence of perfection,
sympathetic, courteous, intelligent, honest, and
in control of his emotions and temper, at all
times. It is also includes courage and highest
sense of dedication in duty.
Personal Media
Implies the use of rallies, meetings,
speeches and house to house visits to the
community.
Mass Media
Implies the use of radio, television and
motion pictures in transmitting information to the
public.
Barangay
Is the basic political unit of the Filipino
nation that implements policies of the national
and local governments.
Propaganda
Defined as the use of public or mass
communication for public purpose.

Police Community Relation
Is 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.
Objectives of Police Community Relations
The following are the main objectives of
community relation from the view point of law
enforcement and community safety.
1. To maintain and develop the goodwill and
confidence of the community for the police.
2. To obtain cooperation and assistance.
3. To develop public understanding, and
support and appreciation for the service of the
police.
4. To create broader understanding and
sympathy with the problems and needs of the
police.
5. To facilitate law enforcement and compliance.
6. To build public opinion in favor of the police.
7. To achieve the police purpose of preserving
the peace, protection of life and property, and
the prevention of crime.
B. TYPES OF POLICE COMMUNITY
RELATIONS
The basic ingredients in the effective
observance of police community relation
include the following:
Public Information Program
Designed to bridge any communication gap
between the police and public.
Public Relation Program
Designed to maintain harmony and mutual
support between the police and the community.
Civic Action Program
Designed to maintain and encourage community
development.
Psychological Program
Designed to condition both friendly and hostile
public thereby insuring facilitating the
attainment of police objectives.
Public Information Program
Every PNP unit is expected to conduct
and develop a good workable public
information program and this is the basic among
the first four programs of community relation.
Public Relation Program
Every PNP unit from station level up shall
have a public relation officer to look after the
public relation aspect of police work. The
mission of Public Relation Officer is to gain
public support for police policies and to win
citizens cooperation in the program and
procedure of the police station in order to
facilitate the accomplishment police task.
Psychological Operation Program
68
This program designed to influence the
opinions, emotions attitude and behavior of the
community so that they will behave in manner
beneficial to the police particularly the PNP in
general, either directly or indirectly.
Civic Action Program
The Civic Action Program an activity that
makes the policemen a friend and partner of the
people for progress as well as their defender. It
can range upward from basic individual acts of
courtesy of self help, up to major engineering
projects. The Civic Action Program shall be
concerned with the public welfare consistent
with law enforcement duties
As s law enforcer, he should be involved
in the development and promotion of program
and projects that would enhance the public
image of the police not only as the guardian of
the peace but also initiator of meaningful
activities on promoting the social and economic
interest of the community.
Teach-ins, Live –ins and Barangay
To demonstrate the sincerity and concern
of the PNP for the welfare of the people in the
community, and make it’s Psychological
Program effective it may be necessary for
appropriate members of PNP to conduct “teach-
ins” and “live ins” within the community. These
are particularly effective in the rural areas but
should practice sparingly in the cities.
Teach – Ins
Members of the PNP assigned to conduct
Psychological Operations may gather small
groups of residents, including persons of
influence in the community and give lectures or
engage the group in formal conversation.
Individuals conducting the teach-in strive to
become intimate with the group to identify their
personal problems and offer sincere
suggestions on how to solve them, but always
with the support the police mission of
eradicating crime and lawlessness.
The lectures and conversations should
take several hours and much as possible extend
up to night time. At the termination of much of
the teach-ins the police conducting the same,
expects to gain personal friendship and high
credibility among the citizens in the community.
These activities may be repeated in as many
communities as are necessary, with priority for
places where the police find big obstacles in the
accomplishment of its enforcement mission.
Live- Ins
The live-in is detailed and more
extensive version of the tech-ins. Policeman
assigned to conduct live-in should preferably be
a long time resident, if not native born citizen of
the place where the live-in is conducted.
The same techniques employed in tech-
in may be used in the conduct of live-ins but
resident of known probability and good
reputation as a law abiding citizens, for at least
two days, defending upon the evaluation of the
situation of the conductor.
In this activity, it is necessary for the
conductor to bring his own food and not be a
burden to the family with which he will live. He
may help in daily chores such as chopping
firewood, fetching water at accompanying the
folks to church and social gathering during the
live-in.
The conductor of the live-in may go to the
extent where and when advisable, donating
medicines from the PNP stocks and performing
first aid. He should look into the most urgent
problems of the family with whom he is
conducting the live-ins in order to find out what
assistance be could extend. The assistance may
have to take the form of a donation of vegetable
seeds to the family, helping write letter to
relatives, bank or official of the local national
government to expedite monetary claim an d
others. Whatever be the problems of the family,
the conductor of the live-ins seeks to see how he
can help gain the best support with the family
and eventual support to the police.
The conductor of live-ins should as much
as possible, involve members of neighboring
69
families and others who wish to join, during the
informal talks of family circle gathering.
The Barangay
The barangay is the basic political unit of
the Filipino nation that implements policies of
national and local government. Next to family
circle, it is necessary to involve the barangay
chairman and the members of the Barangay
Council in the group with whom the teach-ins is
conducted.
The Barangay Chairman, Barrio Captain,
Barangay Leader and Barangay Council
members shall, within their respective districts
or barrios, assist the regular police agencies in
the maintain of peace and order. For this
purpose, such Barangay or Barrio Officials, in
addition to their other functions, discharge or
perform the following responsibilities and
duties.
1. To report immediately to the law enforcement
police authorities concerned, the occurrence of
crime, accident, public disturbance or public
nuisance of which he has personal knowledge or
which may brought to his attention.
2. To report immediately to the law enforcement
authorities presence of any known criminal or
suspicious character in his jurisdiction.
3. To conduct surveillance on suspicious
activities or groups within his district or barrio
and to report immediately to the police
authorities and positive findings or information
gathered.
4. To conduct surveillance of crime – breeding
areas in the Barangay and report his observation
to the law enforcement police authorities.
5. To assist law enforcement police authorities in
tracing the whereabouts of missing persons,
arresting escape prisoners and other fugitives
from justice and recovering stolen properties
and confiscating contrabands.
6. To assist law enforcement police authorities
and other competent authorities in the service or
the execution of warrants and other judicial
processes.
7. To coordinate closely with and actively assist
law enforcement police authorities in the drives
against all forms of vice, smuggling, carnapping,
drug addiction, juvenile delinquency, violation
of special law and all other forms of lawlessness.
PRINCIPLES OF COMMUNITY RELATION
Every member of the PNP shall adhere to
the following principles of police community
relation.
1. Community support must be maintained
a. Every police shall be worthy of the
public high trust by doing his job and
leaving nothing undone through
carelessness.
b. He shall make himself available and
be willing to serve everyone.
2. Community resentment must be avoided
a. Every policeman shall have in mind the
interest of the public
b. He shall develop friendly relations by
his good conduct
c. He shall avoid any occasion to
humiliate, embarrass, or annoy anyone.
3. Community goodwill must be developed
A police should be courteous, fair and
quick to assist individuals in the solution of their
problems.
4. Community must be kept informed
The police should inform the community
of the regulations and policies of the police force
and the reasons of their adoption.
E. THE MANY COMMUNITIES IN
COMMUNITY RELATIONS
1. External Communities
a. The justice community
Other police agencies, jurisdictions, courts, and
corrections departments existing at many levels
of government are a part of the justice
community with which police must interact. The
nature of the relationship between police and
members of the justice community has a direct
impact on police effectiveness in achieving their
goals.
b. The human services community
The human services umbrella includes many
public, private and social service resources,
70
mental health general services, media, civic and
religious groups, and educational services.
c. Citizens and the police
Peels principles state that the police must secure
the willing cooperation of the public in voluntary
observance of the law to be able to secure and
maintain public respect part of police
community relations understands the public that
police serve and having the public understand
the police.
2. Internal Communities
a. The personal support community
The officers support groups, both in the sense of
family system and close personal relationships,
affect the officer’s perspective and effectiveness.
This relationship may be one of the most critical
in determining the officer’s ability to cope with
human experience of being cop.
b. The police community
The police officer as a member of the police
agency and police structure must also be
considered. It is this community that can
determine whether police community relations
outside the agency will be supported or
undermined both as a matter of policy and
practice.
F. FOUNDATIONS OF COMMUNITY
RELATIONS
1. Sincerity in serving the public
2. Full knowledge of the job
 3. Deep conviction in the mobility of his
work as a necessary service to
promote individual or national
welfare.
4. Sound police ethics
5. High standard of management and
operation.
HOW TO REGAIN AND MAINTAIN THE
TRUST AND CONFIDENCE
1. The police should be people oriented to
recognize the divergence of people and
yet capable of working together with
them for common good. Being good is
not enough you must show it by the way
you perform your job.
2. The command must increase the
personnel assigned to patrol division in
line with the police visibility program
and to make them available to provide
police assistance at anytime.
3. Requesting the community to assist in
identifying the scalawags in uniform as a
basis for giving immediate disciplinary
action against them.
4. The policeman should closely coordinate
with the business community to identify
areas where police presence is needed.
5. Conduct in depth study and to initiate the
immediate assignment of police to every
barangay to serve the police needs and
to call upon residents and to oversee
their well being.
G. POLICE AND THE COMMUNITY
1. Police characteristics and the community
The PNP program of growth includes the
development of the essential attribution of all its
members. Every police thus:
1. Shall be loyal to the service which he belong
and is proud of.
2. Shall be sympathetic and displayed the ability
to feel the suffering of other people.
3. Shall be confident in his ability to know the
job and do it well.
4. Shall disposed of and act on all cases
correctly.
5. Shall guard against rust judgment from
opinion in advance.
6. Shall be courteous to the community at any
place and on any occasion.
7. Shall demonstrate strong faith in what he is
doing.
8. Shall not sulk in the face of danger but with his
mental conviction and physical strength.
9. Shall maintain an attitude of enthusiasm,
dedication, zeal and pride in his work.
10. Shall be tactful in his dealing with people of
the community.
11. Shall be firm and unyielding but not officious
in dealing with people.
71
12. Shall be serious and purposeful but not
officious in dealing with people.
13. Shall genuinely be interested to his task.
14. Shall avoid unwarranted practice or situation
that will endanger him.
15. Shall be patient when the situations
demands.
a. Moral and esprit de corps
The reputation that the police service
bears with the community is built upon favorable
community relationship and express by
community confidence in the continued
constructive accomplishment of the only
possible when the internal strength of the
organization is assured.
b. Must have exacting and exemplary
conduct
It is an inescapable fact that the
policeman has no private life, as soon as he
enters public service and so long as he remain
in the service, his conduct whether on or off duty
will be subject to unrelenting scrutiny and
critical analysis of the citizens he serves.
c. Police must be understanding
Policeman’s duty is to regulate the
conduct and administer to the needs of the
people of all walks of life. The rich and the poor,
the old and the young, the weak and the strong,
the literate and the illiterate are equally entitled
to and assured the protection of law.
The community is contact of the
policeman is principally with persons who, at
any time, is both under stress or excitement.
They are the citizen who, in trouble and
difficulty, turns to the policeman for assistance
and protection. Their problem are most
important to them, though many seem
insignificance to the policeman who is
accustomed to deal daily with the sordid and
distressing situation. It is imperative that matters
of such vital personal importance be
approached with understanding and
compassion.
d. Police influence over the community
The community looks upon policeman as
representative of the authority of law. it is
obvious therefore, that influence of the
policeman over the community is increased by
reason of the authority they personify.
Policeman must be careful that the influence of
their authority does not become oppressive in
their relationship with the community
particularly in situations of stress and
excitement.
e. Practice of courtesy
Being courteous involves much
more than friendliness. To appreciate sincerity
habitually performed acts of courtesy requires
cultivations of appearance, voice, manner,
intelligence, humor, temperament and
unselfishness that are easily appreciated by the
people.
f. Courteous treatment of law violator
Numerous contacts with anti-social
persons are likely to cause the policeman to
assume an attitude of veneer hardness. They
often entertain erroneous belief that courteous
treatment of law violator is an indication of
weakness.
g. Leadership
A good leader should possess the following
qualities
1. Self-confidence -Self confidence is faith to
oneself, and it is predicated uponknowledge,
and in the ability and willingness to pass ones
knowledge for benefits of others.
2. Self sacrifice-Self sacrifice is a fundamental
trait to true leadership. It is
inescapable fact that to contemplate a situation
without bias requires first
a complete subordination of self. Effective police
work requires the utmost
sacrifice, policeman who are selfishly impressed
with their authority
cannot succeed as leaders.
3. Paternalism
72
It is a quality found in policeman who is mindful
of the welfare
others. It is basic to police leadership because
community welfare is the
primordial responsibility of the police.
4. Fairness and honesty
Refers to qualities that have universal appeals.
Thus, there is opportunity or need to display
these qualities especially in the police service.
Preponderances of community criticism against
police authority is occasioned by reason of
partiality and unfairness in exercising police
function. Impartial application of laws and
regulations, fairness and honesty in exercising
the police authority are powerful forces in
insuring community respect for police service.
5. Decisive
Initiative and decisiveness are characteristics
traits of man who acts correctly at the proper
time. The ability to act decisively and correctlyis
a manifestation of thorough preparation and
interest in the appreciation
of the task at hand.
6. Personal dignity
Personal dignity is indicative of policeman’s
appreciation of the honor of his position. It is an
excellent manifestation of his esprit de corps
and is a powerful factor in creating community
respect.
7. Physical and moral courage
The community assumes that policemen are
physically courage, yet through courage is not
thoroughly understood by most citizens. It is a
common misapprehension to consider reckless
disregard of danger as manifestation of courage
and bravery.
True courage is that state of devotion to duty that
will give policemen the moral stamina impelling
them to the performances of duty even in the
face of full knowledge of the dangers involved.
8. Moral ascendancy
It is the influence that one person exercise over
a group of persons by reason of exemplary
nature of his character. It arises out of withstand
the hardship and vicissitudes of the work,
sincerity of purpose that manifest it willingness
to personally adhere, without equivocation, to
the same standards of conduct that he is duty
bound to enforce upon other. The final
measure of moral ascendancy is found in
the true character of the individual, by the
example he sets in his own living.
h. Attitude in trial court
a. He must say nothing but the truth
b. He must be calm
c. He must be prepared
d. He must be courteous
e. He must be natural and straightforward
f. He must maintain his temper
g. He must be attentive to the question asked
h. He must speak loudly enough to be heard
i. He must be conscious of his personal
appearances
1. Appearing as a witness
1. Witness in criminal case-Policemen shall,
when subpoenaed as a witness in a criminal
casepromptly notify their immediate chiefs. No
member of the PNP shall be a witness in such
capacity without the service of a subpoena.
2. Witness in civil case-No member of the PNP
shall testify in civil cases unless summoned to do
so by proper authority.
3. Action after court attendance-A member of
the PNP attending any court session under
subpoenasummon or other processes as a
witness, shall after having been released there
from the day, immediately report to their
superior officer.
POLICE PERSONAL APPEARANCE AND THE
COMMUNITY
a.Police Personal Appearance
Each police should be aware that persons with
whom he comes into contact will judge the
police department by their reaction to him as an
73
individual. Consequently he should give careful
attention to his personal appearance, his
bearing and carriage that will influence the
citizen’s opinion of him as a policeman and of
the police station\headquarters that he
represents. Thus,
1. He shall be properly attired
and equipped whenever he
appears before the public.
2. He carries with him only the
prescribed regulation
weapons and other related
items.
3. He shall dress moderately and
of good taste if and when he
must wear civilian clothes.
4. He must maintain good
posture and grooming.
5. He must see to it that his
uniform is clean and properly
maintained.
b.Police Satisfactorily Uniform
A satisfactorily uniform, comfortable for
the officer and pleasant to the eye is important.
An attractive snappy uniform influence the moral
of the policeman as well as the “Esprit de
Corps” of the entire police force.
A policeman should be kept in a
condition of good health and cleanliness and not
be permitted to become wrinkled or stained. He
should have at least two uniforms to facilitate
and maintain cleanliness.
c.Police Personal Cleanliness
Personal cleanliness is very important in
dealing with the community. Thus;
1. Policeman should be required
to shave daily and to have
their hair cut regularly.
2. Policeman should have
frequent bath
3. Policeman should have clean
fingernails and other parts of
the body.
d.Must Have Periodic Inspections
These factors of personal appearance
and their effect on the community justify among
other, the periodic inspections of the force.
Attention should be given in such inspections
not only to hearing, dress and equipment, but
also on the aspect of personal cleanliness just
mentioned.
It will contribute to the effectiveness of
these inspections of then are called at rather
short notice and not regularly scheduled.
e.Policemen Mental Attitude
The attitude police officer is
quite important as his physical condition and
appearance because it determines his conduct
and reaction to the community. His attitude is
reflected in his facial expression, voice, word
used and actions. Therefore:
1. He must be friendly and show
willingness to serve
2. He must not forget that he is a public servant,
appointed for the sole purpose of serving the
community.
3. He must not give an impression of
haughtiness, aloofness, and officiousness or
condescension.
4. He must refrain from sarcasm and flippancy
5. He must develop pride in his
organization
6. He must be proud that he is an officer and
conduct himself with the dignity of that officer.
f.Policemen Habits and Conversation
1. Police officer must avoid subjects of smutty or
questionable nature.
2. Police officer must establish habits of
conversation which are pleasing to the listener
and avoid giving offense either by the subject
matter or the method of presentation.
3. He must watch his diction and his English, test
he falls into sloppy habits of speech. The
attitude of police officer is quite important as his
physical.
4. Should keep his hands out of his pockets,
whether engaged in conversation or otherwise.
Although these items may seem of
little consequence, and perhaps in, more
74
fundamental analysis may be relatively
unimportant, most policemen are judge by their
language and conversation.
Therefore, police officer who uses
poor English or engage in questionable
conversation will never gain the respect of some
citizens.
g. Policemen Personal Habits
The personal habits of the individual
police officer strongly influence the attitude of
the community towards the police. Thus:
1. He should avoid restless habits such as
tapping his finger or fact, whittling or other
evidence of nervousness.
2. He should not permit himself to develop such
unpleasant personal habits such as hawking and
spitting, smoking while on duty in public place.
3. He should not smoke when speaking to a
citizen, smoking habits that are offensive to the
public should not permit whether on the street
or headquarters.
Police officer at the complaint desk who puffs a
smelly pipe while receiving complaint from
citizen is indulging in an undesirable practice.
h.Policemen Must Avoid the Appearance of
Evil
The policemen must not only avoid evil,
he must also avoid the appearance of evil. Thus:
1. He should be careful to avoid questionable
associates and to spend spare time and obtained
his recreation in the company of those whose
character and reputation are irreproachable.
2. He must avoid controversial questions, those
dealing, with religion, politics and the laws.
3. He must avoid domestic difficulties more
assiduously than the average citizen.
4. Abstain from drinking intoxicating beverage
to excess.
5. He shall not engage in any form of gambling
except those allowed by law.
6. He should avoid entering any house or
reported as being of ill-refute and other vice
dens.
7. He shall not buy nor use or posses smuggled
products.
8. He shall avoid accepting any fees,
9. He should avoid “bad habits” celebrating
Christmas, New Year and other occasions by
firing their guns.
POLICE STATION\HEADQUARTERS AND
THE COMMUN ITY
The appearance of police station\headquarters
influences the attitude of both the police and the
community. The community does not react
favorable to a bad smells, dark, poorly kept and
unclean police station \headquarters; neither the
policemen themselves should be in such
condition, while the police have little choice in
the location and the arrangement of their
station\headquarters, they do not have the
presentable condition.
a. Appearance of Police
Station\Headquarters
The station\headquarters must have a business
like appearance, unsightly trash articles
eliminated; thus, the police station\headquarters
must have the following appearance:
1. Must have presentable view inside or outside
2. Must posses a well keep office that is worthy
of the discipline of its force, honor ideal of law
enforcers.
3. Must be strict in anti-littering\smoking
campaign in the building or grounds and police
equipment shall be maintained properly.
4. Thrash can be available and comfort room
shall be clean and free from foul odors.
5. Must be identifiable and the desk shall bear
the name of the policemen for public
convenience\information.
b. Policemen at the
Station\Headquarters
The police station\headquarters should not only
maintain a high standard of efficiency, but it
should give an appearance of efficiency. This is
created by a business like attitude and conduct
on the part of the policemen. Thus, the
policemen must avoid the following attitude:
1. Policeman should not rough house or amuse
themselves in public view
75
2. They should restrict their activities to the
assembly room or those sections of the station
reserved for their rest of reaction. Otherwise
the public may conclude that they are lifting
while on duty.
3. He shall not in the station\officer or
elsewhere while on duty, drink any intoxicating
liquor or take prohibited drugs or report to duty
under the influence of liquor or prohibited
drugs; or habitual drunkard to the prejudice of
his duty.
4. Police should not indulge in loud, boisterous
talk that can be heard by the public.
5. They should avoid an appearance of idleness
and create an impression of business like
efficiency.
c. Police Telephone and the Citizen
Telephone to the police station\office is
very important since a person’s life, property
and liberty may be state since the telephone
operator is the first contact with the police
department, it is important that the conversation
is pleasant and satisfactory as possible.
Police Telephone Greeting
It is important too, that the
police operator gives attention to his manner
speaking over the telephone. his greeting
should be crisp and business like, to manifest
alertness and willingness to serve, rather than
slow indifferent.
Some police departments require the
policemen to follow this greeting “hello police
department” with the statement of his name. But
most persons who call the assistance of the
police are of interested in their personalities but
only in prompt service.
As a general rule they are in hurry, they want
service at once, with the least possible delay.
Hence, it is not advisable to inject the name of
the police, since the simple greeting “hello
police headquarters\station” and then give all
needed information would be enough.
Immediate and Courteous Reply
Incoming telephone calls to s police
headquarters\station deserve immediate and
courteous reply. Promptness is important in the
police service.Persons who call for the
assistance of the police usually do it to register a
complaint. They are emotionally upset and
easily annoyed. If under this conditions. the wait
for a protracted time happens before receiving a
response to their call, they become justifiably
disgranted.
Clear Enunciation
A policeman should meet the following criteria
for efficient telephone conversation:
1. Policeman should speak with deliberate care
and clearances into the transmitted.
2. Policeman should have a good diction and
expression of courtesy.
d.Attitude in Receiving Complaints
1. The complainants shall be given
feelings of importance regardless of the
complaint. Acts of kindness like giving the
complaint a seat would be long remembered
and appreciated though it may seem
unimportant.
2. The police interview should be
quick to detect where the real problem lies and
allow the complainant enough time to narrate his
grievances.
3. A good police poise with
pleasant voice should be adopted in order to
gain confidence.
4. After complying with an
directing all necessary actions on the complaint,
the policeman shall thank the citizen in a spirit of
appreciation for his cooperation in bringing the
matter to their attention.
e. Attitude of Complaint Desk Officer
1. The complaint desk officer
should be alert and avoid ignoring a timid
citizen. As soon as he sees a person
approaching, unless he is busy with other
people, he should immediately offer his service
by asking a simple question such as “{May I do
something for you, Sir\Mam”. When making this
offer he should not give an appearance of
76
distraction, but should focus his attention on the
person he is addressing in order to demonstrate
his sincerity.
2. Their should be also be a women
at the desk to handle complaints from females
who may be timid about approaching or
narrating to a male peace officer their problems.
If there is no policewoman, a clerical employee
may be stationed at the complaint desk for this
purpose.
f. Must be Attentive to the Complainant
1. A person who approaches the
police for assistance should be given ample
authority to narrate his complaint. The
policeman can sometimes assist with intelligent
questions, evidences of sympathy and
assurances of help.
2. The policeman should focus his
attention on the citizen while receiving the
complaint.
3. The desk officer should take
note of the complaint, even though the subjects
reported are not important for the police.
4. Should the subject matter
require the attention of some other divisions of
the Headquarters\Station, the citizen should be
referred to that office, but in such manner as to
avoid any doubt as to policeman’s interest in the
citizen and his complaint.
 HUMAN BEHAVIOR AND CRISIS
MANAGEMENT
Behavior- refers to the way in which an
organism responds to stimulus.
-What you can see a person’s response
to the environment his or her action.
Human behavior- refers to process or a
sequence of events in which contain phenomena
are related to other phenomena.
- Refers to attempt to order the diversified
world of discrete phenomena (can be
observed).Refers to the product of the mind. It is
the voluntary or involuntary attitude a person
adopts in order to fit society idea of right or
wrong. It is partly determined by heredity and
environment, and modified through learning.
KINDS OF BEHAVIOR (ALICIA KAHAYON)
1. Overt or Covert
2. Conscious or Unconscious
3. Simple or Complex
4. Rational or Irrational
5. Voluntary or Involuntary
ASPECTS OF BEHAVIOR
1. Intellectual
2. Emotional
3. Social
4. Moral
5. Psychosexual
6. Political
7. Value/Attitude
VIEWPOINTS IN THE STUDY OF HUMAN
BEHAVIOR
NEUROLOGICAL - Emphasize human action in
relation to events taking place inside the body,
especially the brain and the nervous system.
BEHAVIORAL - focuses on internal activities
that can be observed and measured.
COGNITIVE - Concerned with the way the
brain processes and transforms information in
various way.
PSYCHOANALYTICAL - Emphasize
unconscious motive stemming from repressed
sexual and aggressive impulse in childhood.
HUMANISTIC - Focuses on the subject
experience, freedom of choice and motivation
toward self-activation.
TWO BASIC TYPES OF HUMAN BEHAVIOR
INHERITED BEHAVIOR - Inherited or inmate
behavior refers to any behavioral response or
reflex exhibited b y people due to their genetic
endorsement or the process of natural selection.
These behaviors are modified through adoption
as the environment act or an individual.
LEARNED BEHAVIOR- Learned or operant
behavior involves cognitive adoption that
enhance the human being’s ability to cope with
change in the environment and to manipulate
the environment in way which improve the
change for survival such as verbal
77
communication, logical problem solving
techniques, job skill etc.
CONSIDERATION FOR INHERITED
BEHAVIOR
PHYSICAL TRAIT- Human inherits many
physical traits from parents and ancestors.
MENTAL TRAITS- Many scientists believe that
level of intelligence and special talents are
inherited.
CONSIDERATION FOR LEARNED
BEHAVIOR
ENVIRONMENT- After birth, the infant is
exposed to an internal environment that is
extremely variable. Includes human being
whom influence the infant to the language,
costumes and many other aspects of culture are
also important influences.
TRAINING-Training is closely related to
environment and include all social, educational,
cultural, moral, and religious which the child
come in contact.
EFFORT OF THE WILL- By means of will,
inherited capacities and realized. The will
realizes or disregard the opportunities
presented by environment and training.
PERSONALITY DIMENSION THAT AFFECTS
HUMAN BEHAVIOR
 1. EXTRAVERSION - It is the
dimension that dictates condition
ability and is therefore the factor is
anti-social behavior. Extraversion is
slightly less important as the child
get older, becoming even less a
factor in adolescence, and much less
a factor in the case of criminal adults.
2. NEUROTICISM - It reflects an
inmate biological predisposition to
react psychologically to stressful or
upsetting event. Basically
neuroticism represent emotionally
• Moody
• Touch
• Sensitive to slights
• Anxious or nervous
3. PSYCHOTICISM - It is
characterized by cold cruelty, social
in sensitivity disregard for danger,
troublesome behavior, dislike of and
an attraction toward the unusual:
• Psychopath
• Sociopath
Psychoticism dimension is hypothesized to be
links in crime of violence and appears to be
equally important across all stage of
development from childhood, through
adolescence to adulthood
3 Levels of Behavior:
1. Vegetative level - refers to the nurturing assemble them, which are common facts
and reproduction, mostly found in plants, or gather facts and define principles.
in human being, for food and 4. To control and change behavior as a
reproduction. result of the problem.
2. Animal level - refers to the movement
and sensation, mostly the use of the sense Application: solution to existing problems in
and sex drives. the society
3. Rational Psyche human - refers to values 1. Reduce crime rates (crime prevention
and moral, reasons and the will (purpose and suppression)
and freedom). 2. Improve educational techniques
(research studies)
2 ways of human behavior 3. Treat persons with mental disorders and
1. Biogenic or biologic needs emotionally imbalance with emotional
2. Psychological or sociogenic or problems.
psychogenic needs
Assessing (measuring) Human Behavior
3 Faculties of man: 1. Descriptive method (describing the
1. Will-freedom behavior)
2. Intellect-legal process a. Naturalistic observation – refers to
3. Soul-moral spiritual part of human observing behavior in the natural
setting of the person’s background,
Goals and purposes of studying criminal e.g. home, school, church
behavior b. Systematic observation – refers to
1. To describe behavior whether normal making use of the objective check
and acceptable norms or it is abnormal lists, e.g. skills rating test given by
and a deviant behavior. the guidance office.
2. To identify factors that can predict 2. Clinical method – refers to diagnoses
behavior, e.g. depressed, unrealistic and and treatments of serious emotional or
unreasonable. mental or disturbances.
3. To understand and explain by underlying 3. Experimental method – refers to
causes that bring about certain effects, relationship between variables by way of
experimentation (laboratory). Specimens
78
 are required for comparison and for
contact.
4. Statistical method – refers to making
use of researches that were conducted. It
make sure of central tendencies, mean
median and mode test, also the use of
inform crime report (UCR).
Factors that shape and affect human behavior
1. Heredity – refers to the pre-arranged
patterns as a result of a process of
transmission of genetic characteristics
from parents to the offspring, includes
the influence present in the reproductive
cells prior to the time of conception.
- Adopts the theory of atavism – born
criminal.
2. Environment factors – refers to all the
conditions inside and outside of an
organism that it is any way influence
behavior, growth, and development of
life processes.
a. Physical environment (external
forces) – refers to those things that
affect man directly and stimulates the
sense organs. These are social
environment that are physical
influences steaming from outside
contract with other people. Home is
said to be the cradle of human
personality and the children are the
mirrors of the family.
b. Internal environment – refers to the
immediate environment within which
the genes exist function; the
biological condition of the body; exist
in the intercellular and extra-cellular.
ENVIRONMENTAL FACTORS (JAMES
COLEMAN)
1. Family Background
2. Childhood Trauma
3. Pathogenic Family Structure – families
associated with high frequency of
problems such as:
a. Inadequate family
b. Anti-social family
c. Discordant/Disturbed family
d. Disrupted family
Factors influencing evaluations of behavior
1. Social values
2. Different standards set by individual
social groups
3. Incomparable frames of reference used
by individuals
3 Elements of human behavior
1. Needs – refers to an organism condition
which exists within the individual and
which demands certain activity.
79
According to DRIVE REDUCTION THEORY, It
is a biological requirement for well being of the
individual.
This needs creates DRIVE which is a
psychological state of arousal that prompts
someone to take action. It is therefore an
aroused state that results from some biological
needs.
MOTIVATION on the other hand refers to the
influences that govern the initiation, direction,
intensity and persistence of behavior. Thus,
motivation refers to the causes and why’s of
behavior as required by a need.
2. Purpose of the behavior
3. Satisfy the needs
Sources of needs:
1. Those, which arise as a direct result of
metabolic, process such as hunger and
thirst.
2. Those, which result directly from a
change in the individual’s relationship
with his external environment such as
sudden, drop of temperature in the room.
3. Symbolic behavior such as taking,
reading, or thinking.
Frustration (classified according to the
following)
Is the thwarting of motivated behavior
direct as a goal. Conflict is the result of the
presence of the presence of two opposing or
incompatible drives or action systems.
Sources of Frustration (classified according
to the following)
1. Physical environment like calamities
2. Social environment like caste system in
India
3. Organism itself like illnesses like viruses
Response to frustration
The first thing an individual does when an
operating motive is blocked is to develop
emotionality about the situation. The emotions
arising from frustration are the angry variety.
These emotional responses may serve to
increase the strength of the motives and to
redouble the efforts to get a head with the
blocked line of activity.
Individuals who keep under control the
emotional responses and success in investing
increased energy in the rational pursuit of the
goal are said to have high frustration tolerance.
An individual’s way of reacting to
frustration is sometimes known as coping
mechanism.
There are two ways of using the coping
mechanism-flight and fight.
Criminality as a Reaction to frustration
Psychologist believe that most crimes
result from personality trait disturbances
brought about as a result of the individuals
interaction with his social environment.
Psychological theories of crime revolve around
the idea that the person commits crime because
of unfulfilled needs and internal mental conflicts.
They claim delinquency or criminality is one of
the many ways by which a person can maintain
emotional balance or equilibrium. Instead of
becoming a neurotic or psychotic, a person may
act out his hidden wishes and commit a criminal
act.
Frustration induced criminality
Aroused responses result from aversive
internal state of arousal called as frustration;
when behavior directed at a specific goal is
blocked, arousal increases and the individual’s
experiences to reduce it.
2 Main Classifications of Criminal
personalities by
1. Socialized – they offend because they
have learned to or are expected to, as
result of their interactions with the social
environment.
2. Individual offender – is the product of a
long, possibly intense series of
frustrations resulting from unmet needs.
Frustration – aggression: Methods and
concepts of an emerging behavioral perspective
on human behavior.
1. Aggression – is always a consequence of
frustration. All aggression is preceded by
80
frustration and some form of aggression
always follows frustration.
Frustration – is interference with a behavior
sequence that has a valued goal-response.
Aggression – is an act that has goal of injuring
another.
2. The strength of instigation to aggression
(i.e., the amount of frustration) increases
with:
a. The strength of instigation to the
frustrated response;
b. The degree of interference with the
frustrated response;
c. The number of frustrations
3. The strength of inhibition of any act of
aggression increases with the amount of
punishment anticipated as a
consequence of that act.
4. The instigation to aggress is strongest
against the agent perceived to be
responsible for the frustration.
5. The greater the degree of inhibition
specific to the frustrating agent, the more
probable the occurrence of indirect
aggression and or displaced aggression.
6. The occurrence of aggressive acts is
followed by a temporary reduction in the
instigation to aggress (catharsis).
Instrumental aggression – is aggression
primarily oriented toward some goal other than
doing injury (e.g. The acquisition of money as a
goal of armed robbery).
Angry aggression – is reasons to specific
frustration and goal is injury:
NOTE:
Frustration creates a predisposition to
aggression by arousing anger. Anger is a driver
that leads to drive specific behavior (i.e.,
aggression) in the presence appropriate cues or
releasers. A person displays violence if anger is
high and/or if violent behavior has been
reinforced in the past. The aggressive person
has learned to interpret a wide variety of
persons and situations as threatening and has
learned habits of an aggression to these cues.
Megargee’s algebra of aggression
Megargee (1982) provide a framework
that incorporates the vast majority of the
elements of current psychological research on
aggression and criminality. The variables
associated with criminal violence are
represented within the following broad
categories.
1. Instigation to aggression (A). The sum
of all internal motivators. Some examples
are personal gains such as money, anger
in response to frustration and jealousy.
2. Habit strength (H). Behavioral
preferences learned by rewarded
experience and observation.
3. Habit against aggression (S2). The sum and so cannot be avoided. It is physiological
of all internal factors opposing an response to frustration that may continue as long
aggressive act, including condition fear as there is un satisfaction.
of punishment, learned attitudes and - Is the physical arousal or excitement.
values, and identification with the victim. Distress is the psychological discomfort caused
4. Stimulus factors in the immediate by external o internal environment.
environment that may facilitate (S) or
inhibit (S1) violence. Cause of Stress
5. Responses Competition (I). Other 1. Conflict
possible responses are subject to their 2. Fear
own algebra and nonaggressive 3. Maladaptive coping mechanism
responses may have a more favorable 4. Fatigue
cost benefit ratio than the aggressive 5. Poor diet drug abuse
response. 6. Illness
7. Disturbance of circadian rhythm
The occurrence of an aggressive act, then,
depends upon the following formula: Physical Characteristics of Stress
FORMULA OF AGGRESSION → A + H – S2 1. Fight/flight syndrome – when someone
> I + S1 feels threatened by an outside force, the
Stated differently, the motivation factors must body automatically prepares for fight or
outweigh the inhibitory factors. flight.
Reasons why people fail to reach to their 2. General arousal syndrome (physical)
goals three stages
1. Unsatisfied goals or unmet goals 1. Alarm reaction-blood pressure
2. Harmful or anti-social goals increases, adrenalin secretion.
3. Conflicting goals or conflict in emotions 2. Stage of resistance – emotional
4. Environment difficulties defense
5. Poor self-concept 3. Exhaustion – body reserves
6. Life transition period depleted, emotionally drained.
Stress is a pressure of varying degrees. It is a Sources of distress
normal, recurring event inherent in daily living 1. Unmet goals
81
 2. Poor self-concept the individual’s self-concept and personal 4. Adaptability to group norms
3. Conflict in emotions integrity, second, a crushing threat, whether 5. Emotional maturity
4. Life transition period threat is real or imagined, to the physical and or 6. Adequate self-knowledge
5. Identity with a group in distress psychological well-being of the person. 7. Integrated and consistent personality

Effects of distress Mental Disorders Who are Abnormal Persons?

a. Ineffectiveness at tasks Mental disorder from a sociological An individual can be called abnormal
b. Poor decision-making viewpoint is the persistent inability to adopt when he fails to meet the characteristics of a
c. Self-defeating behavior oneself to the ordinary environment. If the normal person.
1. Dangerous action individual’s loss of power to regulate his actions
2. Transitional suicidal behavior and conduct according to the rules of society. He may try to escape from these conflicts by
3. Accidents In medicine, a mental disorder is the doing any of the following:
d. Anxiety, fear prolonged departure of the individual from his 1. He may compromise with reality by
e. Apathy, cynicism natural mental state arising from illnesses. developing imaginary ailments, phobias,
f. Loss of interest and initiative In law, mental disorders cover nothing obsessions, or compulsions.
more than the relation of a person and the 2. He may withdraw from the real world into
Methods of combating stress/ distress particular act that is the subject of judicial a world of fantasy and make-believe
a. Stress-exercise, proper diet, recreation, investigation. where his hidden or unexpressed desires
relaxation technique The term Mental Disorder is synonymous may be fulfilled. In this state of mind a
b. Distress – positive self-concept, with insanity, lunacy, derangement, aberration person becomes psychotic.
expression of emotion, limited and alienation. 3. Instead of compromising with reality or
attachments to people, groups, goals, withdrawing into a kind of shell, the
realistic goal evaluation setting, Who are Normal Persons? person may go to the other.
relaxation technique From the view of human adjustment, a
normal person is one who behaves according to Symptoms of Mental Disorder
Stress and Crisis the norms and standards of society. 1. Physical
“Crisis” is a form of severe stress. It - Rapid changes in pulse
differs from stress in that is time limited and is Among the characteristics of normal persons - Dizziness
precipitated by new or sudden situations. Crisis are the following: - Temperature
usually stems from two major sources, first, a 1. Free expression of personality - Loss of Appetite
stressful event involving a fundamental loss or 2. Adequate security feelings - Respiration
deprivation that is perceived as threatening to 3. Efficient contact with reality - Pain

82
 -Nausea and Vomiting - Are serious mental and emotional A false interpretation of an external stimulus. It
- Coughs disorders that are a manifestation of may manifest through sight, hearing, taste, touch
- Headaches withdrawal from reality. Some of and smell.
- Speech Disturbance these disorders are encephalitis, b. Hallucination
2. Mental intoxication, and cerebral An erroneous perception without an external
- Flights of Fancy arteriosclerosis. object of stimulus.
- Aphasia – Loss of understanding or of Some Types of Hallucination
producing language Factors that affect mental disorders - Visual
- Amnesia – Loss of memory 1. Heredity - Seeing things although not
- Phobias – such as fear of dark high This is the most frequent with family histories present
places revealing mental illnesses. - Auditory
- Kleptomania; Pyromania 2. Incestuous Marriages 2. Memory Disorders
3. Emotional Blood incompatibilities of parents, maternal a. Dementia
- Apathy – Indifference infection during the early stages of pregnancy A form of mental disorder resulting from the
- Accompanied by expression of are some disorders. degeneration or disorder of the brain
worry, crying 3. Impaired Vitality characterized by gen. mental weakness,
Mental worry, grief, physical strain forgetfulness, loss of coherence.
Several types of Mental Disorders 4. Poor mental Values Training and
1. Psychosomatic Illnesses Breeding Types of Dementia
- Implies an interrelationship of mind, 5. Psychotic Factors Acute Dementia – a form of temporary
body and desire, these Emotional disturbances such as love, hatred, dementia accruing in young people.
psychosomatic disorders include passion and frustration and disappointment. Dementia Paralitica – Degeneration of
colds, asthma, ulcers, allergy, colitis, 6. Physical Factors physical, intellectual and moral power leading
eczema, arthritis and sterility. a. Non – Toxic to paralysis.
2. Psychoneurosis b. Toxic b. Amnesia
- Is a mild form of mental disorder - Loss of memory
- A person may have no physical Some Manifestation of Mental Disorders Kinds of Amnesia
difficulty, but may experience lack of I – Cognition Disorders – Knowing Anterograde amnesia – Loss of memory of
sleep and loss of appetite and 1. Perception Disorders recent events.
becomes emotionally unhealthy. a. Illusion Retrograde amnesia – Loss of memory of past
3. Psychoses events.

83
 3. Content of Thought Disorders
a. Delusion
A false or erroneous belief in something which is
not a fact. A person suffering from delusion is not
always insane.
Types of Delusion
- Delusion of Grandeur
- Delusion of persecution
- Delusion of reference
- Delusion of poverty
- Delusion of control
- Nihilistic Delusion
b. Obsession
Thoughts and Impulses which continually occur
in the persons mind despite attempts to keep
them out. It is an idea constantly obtruding on
the consciousness despite efforts to drive it
away.
Obsession is a condition of the mind bordering
on sanity and insanity. It is sometimes associated
with some sort of fear and usually occurs in
person suffering from nervous exhaustion.
4. Trend and thought Disorders
a. Mania
State of excitement accompanied by exaltation
or a feeling of well-being which is art of
harmony with the surrounding circumstances of
the patient.
b. Melancholia
- Known as manic-depressive
psychosis, hence called folie
circularize.
- An intense feeling of depression
and misery which is unwarranted
by his physical condition and
external environment.
II – Emotional Disorders – Feeling
Exaltation
Feeling of unwarranted well-being and
happiness
Depression
Feeling of miserable thought that is calamitous
incident occurred in his life.
Apathy
Serious disregard for the surrounding and the
environment.
Phobia
Excessive, irrational and uncontrollable fear of a
perfectly natural situation or object.
III – Volition Disorder – Conation
1. Impulsion
Sudden and irresistible force compelling a
person to the conscious performance of some
action without motive or forethought.
2. Compulsion
It is an act wherein a person is compelled to
perform some actions against his free will, and
with duress as a result of external factors. It may
84
be thought the use of force, violence or
intimidation.
Classical types of Mental Differences
Mental differences – Mental sub-normality and
or mental retardation.
1. Idiot
Is wanting, in memory, will power and emotion.
He cannot express himself by language, is quite,
timid and easily irritated. Mentality never
exceeds that of a normal child over 2 years old.
The IQ is from 0-20.
2. Imbecile
He cannot manage his own affairs.
He may be able to speak but with poor
command of language. The mental age may be
compared to a normal child from 3 to 7 years
old, and the IQ is 21-40.
3. Feeble – minded
A person whose mental defects, is so
pronounced such that he receives care,
supervision and control. For his protection of
others.
He lacks initiatives and ability for any work or
responsibility, he has a mentality similar to that
of a normal child between 6 and 12 years old
and an IQ of 41-70.
Moron – Considered a feeble minded person.
He can perform routine tasks in civilized
society as long as the demands made upon his
mental capacity are not too discretionary.
4. Morally Defective
He is careless, pleasure-loving, and a devil may-
care sort who adheres to the principles.
Classifications of Mental Retardation
1. Profound
IQ is under 20 and capable at most of limited
self-help.
2. Severe
IQ is between 20 and 35, and capable of habit-
training as a child.
As an adult he is likely in need of a controlled
environment.
3. Moderate
IQ is 36 to 51 and can develop academic skills
equal to about the second-grade level.
As an adult he will most probably need a
sheltered environment.
4. Mild
IQ id 56 to 67 and constitutes the largest group
of mentally retarded.
He can develop academic skills about the sixth-
grade level.
Classifications of Mental Deficiencies
1. Severe Abnormality
A state of arrested or incomplete development
of mind which includes abnormality of
intelligence and is of such a nature or degree
that the patient is incapable of living an
independent life or of guarding himself against
serious exploitation, or will be incapable when
of age to do so.
2. Sub-Normality
A state of arrested or incomplete development Diagnostic Categories of Mentally-Disturbed
of mind, not amounting to severe abnormality, Persons
which includes sub-normality of intelligence and 1. Anti-Social Personality
is of a nature or degree which requires or is This is a mentally-disturbed person who is
susceptible to medical treatment or other opposed to the principles upon which society is
special care or training. based.
2. Paranoid-Schizophrenic
Other conditions Manifesting Mental It is a mental disease resembling paranoia, but
Disturbance is also characterized by autistic behavior,
1. Somnambulism hallucinations and a gradual deterioration of the
This is an abnormal mental condition whereby a personality.
person performs an act while sleeping. 3. In adequate Personality
A somnambulist has no recollection of events A person who does not fit a particular purpose.
occurring during the episode. 4. Mani-Depressive
2. Semisomnolence or Somnolencia Is characterized by altering accounts of mania
A person is in a semisomnolenct state when he is and depression. Mania is a kind of insanity
half asleep of in a condition between sleep and characterized by great excitement, while
being awake. depression is a disorder characterized by
3. Hypnotism or Mesmerism prolonged feelings of despair and rejection.
A person is made unconscious by the suggestive
influence of a hypnotist. Breeding grounds of crime
He may commit a criminal act while under 2 elements in the environment that impinge on
hypnotism, which he may not otherwise be crime
capable of doing. 1. Exogenous variables – beyond the
4. Delirium control of man like calamities
It is a state of a mind. It is characterized by 2. Indigenous variable – the factors or
incoherent speech, hallucinations, illusions, elements in the environment that can be
delusions, restlessness, and apparently changed or influenced by man (this
purposeless motions. serves as the breeding grounds of
A person may commit a crime under a state of crime).
delirium.
85
Diagnostic micro-frame work, the national crime
problems is being brought about by the
following:
1. Excessive presence of ingredient of
crime.
2. Existence of indigenous variables that
serves as breeding grounds of crime.
3. Legal parameters (limited)
4. Major deficiencies of the CJS:
a. Poor linkages or relationships among
the 5 pillars
b. Poor image or credibility of and
controversies in law enforcement
c. Widespread indifference and apathy
of the community
d. Inadequacies and lapsed in the
Correctional
e. Slow disposition of cases by the
persecution and court.
Measuring characteristics of criminal
1. age and crime
2. gender and crime
3. social class and crime
4. race and crime
Defining criminal behavior
Legal: criminal behavior refers to actions that
are prohibited by the state and punishment
under the law.
Moral: criminal behavior refers to actions that
violate the norms of religion and morality and
are believed to be punishable by spiritual
beings.
Social: criminal behavior refers to actions that
may be rewarding to the action but that inflict
pain or one loss or others. That is, criminal
behavior is anti-social behavior.
Criminal behavior refers to anti-social acts that
place the actor at risk of becoming a focus of the
attention of criminal and juvenile justice
professionals.
Refers to acts that are injurious
prohibited under the law and that render the
actor subject to intervention by justice
professionals.
Overview of theories of criminal behavior
1.Psychodynamic theory with roots in the
psychoanalytic perspective
Key theoretical idea: Criminal behavior reflects
psychological immaturity and particularly weak
self-control in specific situations.
Major risk factors: Impulsivity, disturbed
interpersonal relationships, low levels of
success in school and at work, weak superego,
weak ego, aggressive pleasure seeking, readily
angry, problems in the family of origin.
Major implications for preventions: Strong on
targets weak on style and mode of services.
2.Social location, theories of crime suggest that
criminal behavior reflects where one is located
in the social system.
86
Key theoretical idea: Criminal behavior reflects
personal distress (strain) that may be linked with
socially structured inequality in the distribution
of wealth and power
Major risk factors: Lower class origins, low
levels of success at school and work, feelings of
alienation (as opposed to feelings of and anger),
perception of limited opportunity in combination
with desire for conventional success, being a
gang member, adoption of lower class values.
Major implications for prevention: Opens up
educational and vocational opportunities, but
weak on how to do it.
3.Differential association theory, like
psychodynamic theory, actually has a powerful
psychology of human behavior at its base. That
psychology is symbolic interactions wherein
people think is very important, and any
particular situation may be defined as one in
which it is “OK” to violate the law. The attitudes,
values, beliefs and rationalizations that may
support such a definition are learned through
differentials in exposure to pro-criminal and
anti-criminal patterns. The major part of the
learning occurs in association with others.
Key theoretical idea: Criminal behavior is an
expression of differentials in the reinforcement
punishment of criminal and non-criminal
alternative behavior.
Major risk factors: antisocial attitudes, antisocial
associates
Major implications for prevention: Strong on
intermediate targets but weak on how to do it.
4.A general personality and social psychology of
human behavior of wide applicability has
emerged in the late 1980’s and 1990’s. Criminal
behavior is one class behavior to whose analysis
this general model appears particularly
valuable. The general model is perhaps best
described as a social learning or cognitive
behavior or social cognition theory.
Key theoretical idea: The chance of criminal act
(a) increase with the density of rewards signaled
for criminal behavior and (b) decrease with the
density of signaled costs of criminal behavior.
These signaled rewards reflect personal control
through antisocial behavior, interpersonal
control through the social support for crime non
mediated control established by a history of
reinforcement of criminal behavior and or
personal predispositions.
Major risk factors: antisocial attitudes, antisocial
associates, antisocial behavior history, anti-
social personality, problematic conditions are
the domains of home, school, work and leisure.
Major implications for prevention: Strong on
intermediate targets and strong on style and
mode of service.
7 Major orientations of Psychology of
Criminal Conduct and General Human
Psychology are as follows:
1.Biological perspective – tends to emphasize
relatively enduring some based predispositions
(e.g., the effects of alcohol on bodily
functioning).
2.Trait perspective – tends to emphasize
relatively enduring behavioral, cognitive and
affective predispositions (e.g., extraversion,
intelligence and emotionality) without
necessarily requiring particular assumptions
regarding the biological, psychological or social
bases of these traits.
3.Psychodynamic perspective – emphasizes
what many people still think of as the “truly
psychological.” Psychodynamic perspective
search for understanding through an
appreciation of the personal psychological
motivation and controls of overt behavior. The
popular tendency to equate psychodynamic
perspective with psychology as a whole reflects
the pervasive influence of Fredian theory on
psychology and popular culture.
4.Sociocultural perspective – within
psychology emphasize the effects of family,
peers and community on individual behavior.
These theories tend to be socialization theories
whereby individual differences in personal
behavior, cognition and emotions are linked to
differences in the training provided by different
families, peer groups and social institutions.
5.Radical behavioral perspectives – 1.individualistic classification
concentrate on how the immediate behavior-
environment contingencies are responsible for
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the acquisitions, maintenance and modification
of individual behavior. The effects to the
immediate environment depend very much
upon how the environment reinforces, punishes
and ignores behavior.
6.humanistic and existential perspective –
may be differential from the above according to
three concerns. The first is the emphasis placed
upon “free choice” and “personal
responsibility.” The second is the emphasis
placed upon perception of the self and he world
as perceived an interpreted by self. The third
involves an attraction to the motion that the
experience of interpersonal warmth, openness
and acceptance are associated with pattern of
personal growth that is both and socially
positive.
7.social learning cognitive behavioral social
cognition perspective – may be differentiated
from emphasis placed upon learning by
observation, the role of cognition and the
importance of considering the person in
combination with particular situations. General
social psychological perspective tend to
emphasize personal attitudes and beliefs,
perceptions of the expectations of others and the
demands or particular situations.
3 classifications of criminal behavior
2.Based on social behavioral system
3. legalistic classification

Perspective (of human nature) in criminology
1.sociological criminology
Such as age, race, gender, socioeconomic
status, interpersonal relationships and ethnic-
cultural affiliation.
Probes the situational or environmental factors
that are most conductive to criminal actions such
as the time, place, kind of weapons used and the
circumstances surrounding crime.
Focuses on groups and society as a whole,
peer group affiliation.
2.psychiatric criminology
-is the science of the behavior and mental
processes of the criminal behavior.
-Focuses on individual behavior – how it is
acquired, evoked, maintained and modified.
-Also examine and evaluates prevention,
intervention and treatment strategies that have
been tried in reducing criminal behavior.
3.forensic Psychiatric
-humans are biologically driven to get what they
want, unless they are held in check by internal
(conscience) and external (society) forces.
-Criminal behavior is believed to spring from
within primarily dictated by the biological urges
of the unconscious.
Psychology and Criminality
a.psychological development
Psychoanalytic theory of criminality attributes
delinquent and criminal behavior to at least 3
possible causes:
1.a conscience so overwhelming that it arouses
feelings or guilt.
2.a conscience so weak that it cannot control
individual’s impulses
3.the need for immediate gratification.
Sigmund Freud – Is the founder of
psychoanalysis, suggested that an individual’s
psychological well-being is dependent on
healthy interaction among the id, ego, and
superego.
The 3 basic components of human psyche
1.Id: in psychoanalytic theory, one of the three
basic elements of personality, the others being
the ego and the superego. The id can be
equated with the unconscious of common usage,
which is the reservoir of the instinctual drives of
the individual, including biological urges,
wishes, and affective motives. The id is
dominated by the pleasure principle, through
which the individual is pressed for immediate
gratification pf his or her desires. In strict
Freudian theory the energy behind the
instinctual drives of the id is known as the libido,
a generalized force, basically sexual in nature,
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through which the sexual and psychosexual
nature of the individual finds expression.
2.ego: in psychoanalysis, term denoting the
central part of the personality structure that
deals with reality and is influenced by social
forces. According to the psychoanalytic theories
developed by Sigmund Freud, the ego
constitutes one of the three basic provinces of
the mind, the other two being the id and the
superego. Formation of the ego begins at birth
ion the first encounters with the external world
of people and things. The ego learns to modify
behavior by controlling those impulses that are
socially unacceptable. Its role is that of mediator
between unconscious impulses and acquired
social and personal standards.
3.superego: in psychoanalytic theory, one of the
three basic constituents of the mind, the others
being the id and the go. As postulated by
Sigmund Freud, the term designates the element
of the mind that, in normal personalities,
automatically modifies and inhibits those
instinctual impulses or drives of the id that tend
to produce antisocial actions and thoughts.
b.Moral development
Lawrence Kohiberg – The one who pioneered
moral development theory has found that moral
reasoning develops in 3 phases:
1.Pre-conventional level – the concrete
interests of the individual are considered in
terms of rewards and punishments.
2.Conventional level – moral problems are
approached by an individual as a member of the
society. People are interested in pleasing other
by acting as good members of the society.
3.Post-conventional level – people at this level
use moral principles, which are seen as broader
than those of any particular society.
c.Maternal deprivation and attachment theory
d.Learning aggression and violence
e.Personality
Biology and Criminality
1.Biocriminology – is the study of the physical
aspects of psychological disorders (i.e., adults
who suffer from depression show abnormalities
in brain waves during sleep).
2.genetics and criminality – i.e., food allergies,
diet, sugar level
3.Neuropsychological factors – i.e.,
electroencephalogram (eeg).
Origin of criminal behavior
1.Biological factors
-Heredity as a factor implies that criminal acts is
unavoidable, inevitable consequences of the
bad seed, bad blood or Mark or Cain
a.Born criminal
b.Physique and crime
c.Twin studies
d.Adoption studies
e.Eysenck’s theory of personality and crime
-Defined criminal behavior as the result of an
interaction between certain environmental
conditions and inherited features of the nervous
system.
-Emphasize genetic predisposition toward
antisocial and criminal conduct.
2.Personality disorders, antisocial
-Refers specifically to an individual who exhibits
a pervasive patter of disregard for and violation
of the rights of others that begins in childhood or
early adolescence and continuous to adulthood.
3.Learning factors
a.Behaviorism
Skinner, B.F. – all behavior is at the mercy of
stimuli in the environment and individual’s have
virtually has no control or self- determination.
- Premises of operant conditioning:
criminal behavior is learned and strengthened
because of the reinforcements it brings human
beings are born neutral neither good nor bad.
Culture, society and the labeled good, bad or
indifferent as society chooses.
b.Social learning
Assumption: we learn primarily by observing,
listening to people around us.
Expectancy theory – people enter situations with
generalized expectancies about the outcomes of
their behavior
Imitations aspects of social learning – an
individual may acquire ways of doing something
simply by watching others do it.
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Aspects of prediction of criminal behavior
1.demonstrations of the extent to which criminal
behavior is predictable (the issue of predictive
accuracy).
2.clear statements regarding how predictions
are made so that the information used in making
predictions may be evaluated on ethical-legal,
sociopolitical, economic and humanitarian
criteria (the issue of normative validity).
3.demonstrations of the extent to which the ways
of making predictions actually facilitate criminal
justice objectives (the issue of utility).
4.we may expect that predictions and the actions
based on them are recorded, monitored and
explored empirically in a way that increases our
understanding of crime and criminal justice (i.e.,
the enhancement of theory and practice the
rough research).
Risk assessment for dangerousness should
address:
1.risk factors – variable that are use to predict
violence
2.harm – the amount and type of violence being
predicted
3.risk level 0 the probability that harm will occur
2 related issue involving the perception of a
person as dangerous
1.The concept of dangerousness as a fixed
personality trait is doubtful validity people may
pose a risk at certain times and in response to a
certain situation but not in others.
2.Dangerousness is very likely to be associated
with images and myths about people derived
from impression, misconception and ordinary
common sense.
Psychological theories – those derived from the
behavioral sciences and focus on the individual
as the unit of analysis.
-place the locus of crime causation within the
personality of the individual.
The following fundamental assumptions are:
1. the individual is the primary unit of analysis.
2.personality is the major motivational element
within individuals because it is the seat of
drivers and the source of motives.
3.crime results from abnormal, dysfunctional, or
inappropriate mental processes within the
personality.
4.criminal behavior, although condemned by
the social group, may be purposeful for the
individual in so far as it addresses certain felt
needs. Behavior can be judged “inappropriate”
only when measured against external criteria
purporting to establish normality.
5.normality is generally defined by social
consensus – that is, what the majority people in
any social group agree is real appropriate or
typical.
6.defective, or abnormal, mental processes may
have a variety of causes, including:
a.a diseased mind
b.inappropriate for learning or improper
conditioning
c.the emulation of inappropriate role conflicts
Psychiatric criminology theories derived from
the medical sciences, including neurology and
which, like other psychological theories focus on
the individual as the unit of analysis.From the
basis of psychiatric criminology.
Forensic psychiatric that branch of
psychiatric having to do with the study of
crime and criminality.
Explains crime as caused by biological and
psychological urges mediated through
consciousness.
Correctional psychological that aspects
of forensic psychological, which are, concerned
with the diagnosis and classification of offenders
the treatment of correctional population, and the
rehabilitation of inmates and other law violators.
4 general principles of classification for
purposes of effective correctional treatment:
1. The risk principle
2 aspects of risk principle
a. that criminal behavior can be predicted
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b. the risk principle involves the idea matching
levels of treatment services to the risk level of
the offender.
2. The need principle
– draws attention to the distinction between:
a. Criminogenic needs – is a subset of an
offender’s risk level. They are dynamic
attributes of the offender that, when changed,
are associated with changes in the probability of
recidivism.
b. Noncriminogenic – dynamic and changeable,
but these changes are not necessarily associate
the probability.
3.The responsively principle
-refers to delivering treatment programs in a
style and mode that is consistent with the ability
and learning style of the offender.
-Offenders are human beings and the most
powerful influence strategies available are
behavioral social learning cognitive behavioral
strategies.
The major treatment variables associated
with reduced recidivism
1.longer duration of treatment and more
meaningful contact (except for the provided
continues contact provided by institutional
care).
2.services under the influence of evaluator.
3.behavior oriented, skill oriented and medical
treatment
4.service for higher mark cases.
5.treatment that attends to extra personal
circumstances
6.treatment that attends to extra personal
circumstances.
The major of effective correctional counseling:
the what and how of effective modeling and
reinforcement.
An important role for the correctional
worker is to serve as an anti-criminal model for
clients and as a source of reinforcement for
client’s anti-criminal expression and efforts. This
is consistent with the relationships structuring
roles of family, therapists, the nurturance and
training roles of parents and the communication
and instructional roles of teachers.
Attending sessions and doing homework
exercise following the treatment plan are also9
anti-criminal expression to be encouraged one
should watch particular for clients supporting
the anti-criminal efforts of other clients.
In good correctional practice,
procriminal and anti-criminal expressions are
determined not just by standardized risk, need
responsively assessment, but through
individualized assessments of criminogenic
factors and situation that apply to particular
individuals.
Forensic Psychiatric
(Narrow definition) is applied only to
branch of psychiatry that deals with the
assessment and treatment of mentally abnormal
offender’s process of treating a person who has
mental illness.
(Broad definition) is applied to all legal aspects
of psychiatry including the civil law and laws
regulating psychiatric practice, as well as the
subs especially concerned with mentally
abnormal offenders.
Depression
IINTRODUCTION
Depression (psychology): mental illness in
which a person experiences deep, unshakable
sadness and diminished interest in nearly all
activities. People also term depression to
describe the temporary sadness, loneliness, or
blues that everyone feels from time to time. In
contrast to normal sadness, severe depression,
also called major depression, can dramatically
impair a person’s ability to function in social
situations and at work. People with major
depression often have feelings of despair,
hopelessness, and worthlessness, as well as
thoughts of committing suicide.
Depression can take several other forms. In
bipolar disorder, sometimes called manic-
depressive illness, a person’s mood swings back
and forth between depression and mania.
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People with seasonal affective disorder typically
suffer from depression only during autumn and
winter, when there are fewer hours of daylight.
In dysthymia- people feel depressed, have low
self-esteem, and concentrate poorly most of the
time – often for a period of years but their
symptoms are milder than in major depression.
Some people with dysthymia experience
occasional episodes of major depression. Mental
health professionals use the term clinical
depression to refer to any of the above forms of
depression.
SYMPTOMS
Although it may appear anytime from childhood
to old age, depression usually begins during a
person’s 20s or 30s. The illness mat come on
slowly, then deepen gradually over months or
years. On the other hand, it may erupt suddenly
in a few weeks or days. A person who develops
severe depression may appear so confused,
frightened, and unbalanced that observer speak
of a “nervous breakdown.” However it begins,
depression causes serious changes in a person’s
feelings and outlook. A person with major
depression feels sad nearly every day and may
cry often. People, work, and activities that used
to bring them pleasure no longer do.
Symptoms of depression can vary by age. In
younger children, depression may include
physical complaints, such as stomachaches and
headaches, as well as irritability, “moping
around”, social withdrawal, and changes in
eating habits. They may feel unenthusiastic
about school and other activities. In adolescents,
common symptoms include sad mood, sleep
disturbances, and lack of energy. Elderly
people with depression usually complain of
physical rather than emotional problems, which
sometimes lead doctors to misdiagnose the
illness.
A. Appetite and Sleep Changes
Depression usually alters a person’s appetite,
sometimes increasing it, but usually reducing it.
Sleep habits often changes as well. People with
depression may oversleep or, more commonly,
sleep for fewer hours. A depressed person
might go to sleep at midnight, sleep restlessly,
then wakeup at 5 AM feeling tired and blue. For
many depressed people, early morning is the
saddest time of the day.
B.Changes in energy level
Depression also changes one’s energy level.
Some depressed people may be restless and
agitated, engaging in fidgety movements and
pacing. Others may feel sluggish and inactive,
experiencing great fatigue, lack of energy, and
a feeling of being worn out or carrying a heavy
burden. Depressed people may also have
difficulty thinking, poor concentration, and
problems with memory.
C.Poor self-esteem
People with depression often experience
feelings of worthlessness, helplessness, guilt,
and self-blame. They may interpret a minor
falling on their part as a sing of incompetence or
interpret minor criticism as condemnation. Some
depressed people complain of being spiritually
or morally dead. The mirror seems to reflect
someone ugly and repulsive. Even a competent
and decent person may feel deficient, cruel,
stupid, phony, or guilty of having deceived
others. People with major depression may
experience such extreme emotional pain that
they consider or attempt suicide. At least 15
percent of seriously depressed people commit
suicide, and many more attempt it.
D.Psychotic Symptoms
In some cases, people with depression may
experience psychotic symptoms, such as
delusions (false beliefs) and hallucinations (false
sensory perceptions). Psychotic symptoms
indicate an especially severe illness. Compared
to the depressed people, those with psychotic
symptoms have longer hospital stays, and after
leaving, they are more likely to be moody and
unhappy. They are also more likely to commit
suicide.
CAUSES
Some depressions seem to some out of the blue,
even when things are going well. Others seem
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to have an obvious cause: a marital conflict,
financial difficulty, or some personal failure. Yet
many people with these problems do not
become deeply depressed. Most psychologists
believe depression results from an interaction
between stressful life events and a person’s
biological and psychological vulnerabilities.
CRISIS MANAGEMENT
Crisis Management
-it is the expert handling of a crisis or
emergency to reduce or eliminate danger or
damage, or the like, especially on the part of
government.
Objectives of Crisis Management
1. Resolve without further incident.
2. Safety of all participants.
3. Apprehension of all perpetrators.
4. Accomplish the task within the
framework of current community
standards.
Theory of Crisis Management
1. Contain and negotiate.
2. Protect the innocent from harm.
3. Allow passage of time so that the
perpetrators can be response force can
avail of the following:
a. Evaluate the situation;
b. Gather information;
c. Explore alternatives, and,
 d. Formulate a plan of action. Definition of a Hostage Situation 3. Warring nations seek peace after
-a hostage situation is a set of exchange of hostages as a guarantee of
Five Musts in Crisis Management circumstances wherein a suspected law violator reciprocity.
1. Rely on continuous flow of information is holding a person captive with the use of force 4. In urban guerilla warfare, hostages are
from all sources. and threat of violence while the police are in taken with little regard for law and order.
2. Press perpetrators to abandon their close contact with the suspect and his captive. Holdups sometimes involve hostages and
position. certain guidelines of behavior must be
3. Receive, analyze and disseminate all Differences between Hostage-Taking and laid down if the police is to effectively
information. Kidnapping deal with a hostage situation.
4. Mount controlled probes on the -the differences between hostage-taking 5. Law enforcement officers will most likely
perpetrator’s position and that of kidnapping are, that in kidnapping: encounter hostage incidents that involve
5. Prepare for a rapidly escalating series of 1. The police are not aware of the either criminals or the mentally-
events. captive’s location. disturbed.
2. The police are not in close contact with 6. A husband or wife may take a child
Four Possible Reponses During Crisis the perpetrators. hostage in custody battles.
Management 3. The police cannot exert any pressure 7. A mentally-disturbed person may take
1. Chemical Agents on the suspects. hostages in order to right what he
2. Selective Firepower believes to be wrong.
a. Lethal Motives in Hostage-Taking 8. Whatever the initial reason for hostage-
b. Non-lethal 1. In political terrorism, reasons include taking, it is clear that the motive for
3. Tactical showing the public that the government holding hostages may change.
a. Silent Entry is unable to protect its own citizens.
b. Assault 2. Hostage-taking guarantees immediate Five Categories of Hostage-Takers
4. Contain and Negotiate media coverage, and after repeated 1. Persons in Crisis
hostage incidents, it is the hope of the 2. Psychotics
Crisis Management Techniques terrorist that the government might 3. Common criminals
1. Locate overreact and become excessively 4. Prisoners
2. Isolate restrictive with its own citizens, thus 5. Political Terrorists
3. Evaluate causing civil discontent and a grassroots
4. Evacuate movement to overthrow the government. Three Generic Categories of Hostage-Takers
5. Eliminate 1. The Common Criminal
Characteristics of the Common Criminal:

93
 a. The common criminal will
generally concede to police
negotiations if there is no way out
and hostages will generally be
unharmed.
b. This type is classified as rational
creative thinker, is able to reason,
and can discriminate on how
much force is to be used against
him.
2. The Psycho
Characteristics of a Psycho:
a. This person is unpredictable and
may resort to violence depending
on his mood.
b. The enforcement officer should try
to gain as much information as
possible concerning motives, past
history, medical and arrest
records, etc.
c. Skilled psychological police
negotiators should be trained to
talk and record all the things at his
level of understanding.
d. This type of person is generally
described as full of inner conflict
and frustrations which are
transferred to his immediate
reality, distorted to suit his own
illusions.
e. Some of this type will derive
vicarious pleasure at being the
focus of attention. He will want to
“dictate terms” and will also want
to be in a ”very important
persons” category.
f. In other cases, he will be
motivated by a strong a death
wish and will offer to allow his
escape to diminish the importance
of the situation.
g. Bringing a priest, wife or
sweetheart may plunge the
psycho right back into the
environment from which he is
desperately seeking refuge and
the reaction may result in killing
the hostages and himself.
3. The Fanatic
Characteristics of a Fanatic:
a. This category includes the one
who falls on the extreme side of
violence.
b. He is the most dangerous because
the law, in his mind, has no legal
basis.
c. He can be true revolutionary and
a total anarchist that reflects the
attitude: “The government is to be
torn down and overthrown. I do
not recognize the laws of an
illegally-elected body, therefore
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none of the actions I perform will
be illegal.”
d. This mental orientation only sees
misdirected social justice.
e. This type will rationalize deviance
in terms of revolutionary zeal
often parlayed by feelings of
inadequacy.
f. The group he belongs to judges
its peers by acts of manliness,
honor and thinly-veiled violence.
g. The Law enforcement officer may
have to resort to ego-flattering if
he can approach close enough,
and if the fanatic condescends to
talk to him from his “ivory tower”
of illusory superiority.
Mind Barriers on dealing with Hostage-
Takers
1. Law enforcers will have to discover the
hostage-taker’s intentions.
2. The demands and needs of the hostage-
taker must be determined.
3. “Negotiations” means to talk. Stalling
and talking may actually help.
4. In most cases time has been found to be
an ally because of the following reasons:
a. The more time elapses, the more
time the hostage-taker will have to
think about his predicament.
 b. With little persuasion, the
hostage-taker may feel downright
uncomfortable.
c. Time reduces anxiety for as long
as overt acts are committed.
d. The hostage-taker can be starved
out and sleep will eventually catch
up on him.
e. The hostages might even take
advantage of such lapses and may
attempt to escape on their own.
Reasons Why Common Criminals Take
Hostages
Criminals have three common demands
1. Escape
2. Money
3. Transportation
Reasons Why Prisoners Take Hostages
1. Taking hostages offers better bargaining
power and a significant amount of media
coverage.
2. Prison riots generally center around
complaints concerning prison conditions
and demands for improvement.
Reasons Why Political Terrorists take
Hostages
1. Politically-motivated terrorists take
hostages with the intent of getting as
much publicity as possible for their
cause. 2. ORGANIZING-it consists of work to be
2. The demands will normally go beyond performed in order to arrange and relate work
the authority of the local police and may so that it can be accomplished effectively.
require the involvement of the national a. Structuring Work
government. b. Delegating-entrusting responsibility and
3. The likelihood of hostages being killed is authority to others and establishing
very high since the terrorists may be accountability.
prepared to die as martyrs. c. Developing Relationships-creating conditions
necessary for mutually cooperative effort and
MANAGING HOSTAGE SITUATIONS teamwork.
Experience has repeatedly demonstrated
that the most effective way to resolve a hostage 3. LEADING
situation is through the efficient management of -consists of work to be performed in order to
conditions and police activities related to the stimulate people to take effective action.
situation. a. Making decisions
b. Communicating-creating understanding
1. PLANNING c. Motivatingn-inspiring, encouraging and
-consists of work to be performed in order to impelling people to take required action.
predetermine a course of action. Planning to d. Selecting People
manage a hostage situation involves: e. Developing People
a. Forecasting-anticipating conditions, problems
and opportunities that may be confronted 4. CONTROLLING
during, and after, the incident. -consists of work to be performed in
b. Establishing Objectives-determining desired order to assess and regulate work in progress
results. and which needs to be finished.
c. Establishing Priorities-creating a sequence of a. Developing Performance Standards-
steps to be followed in reaching the objective. establishing criteria in order to differentiate
d. Scheduling-establishing action commitments. between acceptable and unacceptable
e. Allocating Resources performance.
f. Establishing Procedures b. Measuring Performance-recording and
g. Establishing Policy reporting work
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c. Evaluating Performance-Appraising work and
results
d. Correcting Performance
DEVISING A BASIC PLAN OF ACTION
-after making an assessment of the
situation, a basic plan must be devised and
implemented. This plan is preliminary in nature
and will be altered and adjusted to meet
developing circumstances. Specific courses of
action designed to accomplish the overall
mission will b formulated later.
Basic Plan for Most Hostage Situations
1. Identify the physical objective
2. Establish an inner perimeter
3. Establish an outer perimeter
4. Organize a fire and observation team
5. Activate the Negotiating Team
6. Deploy arrest and assault teams
7. Maintain reserves
NEGOTIATION APPROACHES AND
OPERATIONAL PROCEDURES
Negotiation Approaches Defined
-it is a systematic process of starting work
on a task of negotiating and dealing with
hostage-takers, wherein the primary
considerations are the arrangement of terms and
conditions between police authorities and
suspects necessary for the release of hostages. It
can be done by talking with the suspects and
conveying to them the policies of government.
Principles of Negotiation
1. The hostage has no value to the
hostage-taker. His only value is as
tool to get what the hostage-taker
wants, not from the hostage, but from
the police authorities.
2. Preventing violence in a hostage
situation is the interest of the hostage-
taker, as it is to the authorities. In any
case, if it goes violent, the police
authorities must always come out the
victor.
3. Priorities in a hostage situation
include the preservation of life and
the apprehension of the hostage
takers, recovery and the protection of
property.
4. To successfully negotiate, there must
be a need to live on the part of the
hostage-taker because a hostage
taker who is bent on killing himself,
his intent, therefore, is to free the
hostages and not to harm them. The
police authorities must know
therefore what is in the mind of the
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hostage-taker: what is and who is the
hostage-taker?
Guidelines for the Initial Stages of Hostage
Negotiations
1. Assess the situation -
immediatelyattempt to identify the cause
of the crisis, and what you may do to
defuse the hostility.
2. Take Immediate Corrective Action
-separate the combatants and
isolate them from each other.
3. Listen and Observe -in a crisis situation,
one of your most effective techniques is
to make an effort to see exactly what is
happening.
4. Employ Crisis Defusion Techniques –
when you are attempting to defuse a
crisis situation, here are some
suggestions to consider:
a. Keep your voice low and speak
slowly.
b. Non-verbal communication
should indicate openness and
willingness to listen.
c. Establish eye contact with the
person you are addressing.
d. Touching the person you are
talking to may help keep the
lines of communication open.
e. Attempt a compromise
 5. Follow-up –even if you have defused the
crisis situation, you have probably not
yet solved any problems.
Paranoid-Schizoprenic Negotiations
Approaches
1. Paranoid-schizoprenics are usually
above-average in intelligence and
because of this, be careful about
attempting to trick or to lie to them.
2. The best approach is to accept their
beliefs as being true for them.
3. Do not try to argue or convince them that
their beliefs are wrong.
Manic-Depressive Negotiation Approaches
1. When negotiating with manic-
depressives, understanding and support
should be provided.
2. The negotiator should continually
reassure them that they have self-worth.
3. Do not try to underestimate the situation
by saying that what they are doing is bad.
4. Gently interrupt long statements.
5. Be alert for spontaneous events, these
may indicate that a decision has been
reached to kill the hostages.
6. Gradual improvements over hours of
negotiations are much better indicators.
7. It is alright to ask if a suspect has
considered killing himself.
8. Once rapport has been established direct
actions can be made.
Inadequate Personality Negotiation
Approaches
1. When negotiating with the inadequate
personality, understanding and uncritical
acceptance should be provided.
2. Help him find a way to end the incident
by allowing him to save face.
3. Do not bring parents, friends, etc. to the
scene.
Anti-social Personality Negotiation
Approaches
1. It is important to remember that h is self-
centered and will attempt to make things
easier on himself.
2. Be careful about making tricks, he is
usually “streetwise” and “policewise”
and expects to be tricked.
3. Remember that he is familiar with the
judicial system so do not make promises
you can’t produce.
4. He needs frequent ego stimulation.
5. The negotiator should avoid discussing
jail sentences or assistance.
6. Avoid any appearance of indecision or
ambivalence as this personality type will
always test the limits of his environment
and redouble his efforts in the face of
perceived weaknesses.
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7. Some believe it is wise to match the
negotiator and hostage-taker as to ethnic
origin, religion and or education
whenever possible.
8. Do not attempt to play the role of
therapist.
Common Criminal Negotiation Approaches
1. He is the type of person who doesn’t plan
very well
2. The criminal is often self-indulgent and
impulsive.
3. He often lacks conscience or concern for
others.
4. At first, relations with hostages will be
uncomfortable because he is worried
about what they might do and how to
manage them. After some time he may
begin to relate to them as human beings.
5. An important step is to determine
whether he is a mentally-disturbed
person or not.
6. After ruling out mental disturbance you
can be fairly sure that you are dealing
with a person who has frequent brushes
with the law, knows what to expect from
the police and knows what he may need
to do to get out of the situation alive.
7. Negotiation approaches should be
reality-oriented discussions to assist him
in recognizing the facts of the situation
and convincing him to accept his physical
 safety in return for the release of
hostages.
Prisoner Hostage-Taker Negotiation
Approaches
1.The preferred response to this type of incident
is a rapid police action before “true leaders” of
the unruly group can emerge.
2.If rapid action is not possible, negotiations
should continue as if dealing with a “mentally
normal” criminal.
3.If the hostages are guards or police officers,
the risk of injury increases.
General Operational Procedures
1. Under all circumstances, the use of force
especially firearms, is justifiable only by
virtue of the “Doctrine of Self Defense
and defense of Stranger.”
2. The use of force especially firearms shall
be applied only as a last resort, when all
other peaceful and non-violent means
have been exhausted.
3. Whenever resorted to, only necessary
force for self-defense, defense of
stranger, to subdue or overcome a clear
and imminent danger, shall be applied.
4. In case of an actual shootout with the
suspect, panic firing shall be avoided
5. The police officer shall ensure that no
bystanders are hit, hence, extreme
caution shall be observed when firing a
weapon in congested areas.
6. After the shootout, the police officer shall
check whether the suspect still poses
danger or has been wounded and
disabled. He shall then be brought to the
nearest hospital for medical treatment
with adequate security.
7. Police sirens and megaphones shall be
used to influence or warn offenders or
suspects to stop and to peacefully give
up.
8. The use of force, especially the use of
firearms, shall be tempered with such
considerations as keeping foremost in
the law enforcers minds the safety of the
hostages and the prevention of crossfire
casualties or injuries to third arties.
9. In case of unavoidable engagement with
criminal elements, the immediate
removal of casualties from the scene shall
be undertaken after the necessary
sketches, pictures and other investigative
requirements are accomplished. The
victim’s bodies shall always be
segregated from those of the suspects.
All SOP’s of crime scene investigation
shall be strictly followed.
10.Human rights shall be strictly observed and
respected at all times.
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Operational Procedures During Hostage
Situations
-in negotiating for the release of a
hostage, the safe of all the participants, i.e.,
victims, suspects, police officers and bystanders
is paramount. Therefore, the following
guidelines shall be undertaken:
1. There shall be a Crisis Management
Team (CMT) in every locality trained and
ready for deployment.
2. There shall be only one ground
commander in the area.
3. The incident area shall be cordoned off.
4. Negotiators shall be designated and no
one shall be allowed to talk to the
suspects without clearance from the
negotiating panel or ground commander.
5. Assaults shall be well-planned and
assaulting teams alerted for deployment
in case negotiations fail.
6. An ambulance with a medical crew and a
fire truck shall be detailed at the incident
area.
7. Proper coordination with all participating
elements is necessary to unify efforts in
solving the crisis.
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