An Ounce of Prevention Is Better Than A Pound of CURE!!!

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AN OUNCE OF

PREVENTION
IS BETTER THAN A
POUND OF
CURE!!!
CRIME IS EVERYBODY’S PROBLEM…..

CRIME IS GENERALLY DEFINED AS


“DEVIANT BEHAVIOR CONTRARY
TO THE ACCEPTED CODES and
NORMS OF A CIVIL SOCIETY”
ANATOMY OF CRIME

IN
Y

ST
IT

RU
UN

M
RT

EN
PO

TA
OP

L IT
Y
MOTIVE
The ability to feel safe and secure in
one’s own home and in one’s own
community is of primary importance.
It is the right of every person,
regardless of race, color, creed,
religion, national origin, gender, age,
or handicap, to be secured and
protected from fear, intimidation,
and physical harm caused by the
activities of violent groups and
individuals.
ARE WE SAFE IN SCHOOL ?????

IF NOT…….. WHY ? ? ?

WHAT ARE THE COMMON CAUSES OF


CRIME ? ? ?

WHAT ARE WE GOING TO DO ? ? ?


SOME COMMON CAUSES:
 FAMILY SITUATION AND ENVIRONMENT
(dysfunctional family)
 MEMBERSHIP IN A “GANG”
 DRUGS AND ALCOHOL
 PERSONAL CONFLICT
 BULLYING
 RIVALRY BETWEEN GROUPS
 ECONOMIC FACTORS, SUCH AS:
 POVERTY
 UNEMPLOYMENT
 POOR HOUSING

 LACK OF EDUCATION
 GOVERNMENT CORRUPTION
 INJUSTICES
 FAILED INTIMATE RELATIONSHIP
 VIOLENCE IN THE MEDIA
GANG VS. FRATERNITY

WHAT DO WE NEED TO KNOW


ABOUT GANGS?

 Generally, gang members are young


men in their twenties. Although they
are few, there are some under the
age of 18 and there are some young
women.
 They gather around a strong leader
and there is a definite chain of
command.

 In the past, street gangs were


mainly concentrated in large cities,
but now they are spreading to
smaller schools and communities.
 Mostly, street gangs focus on
local crime such as drug dealing,
robbery, stealing and selling
guns or cars. As well, these
gangs are also involved in –
street level prostitution.
 Some gangs will recruit women
and children into the sex trade and
ship them across the country,
often using intimidation and
abuse.
 Usually, the gang leader sexually
abused women (neophytes) in a
guise of “servicing”. (recruit
service)
 Some street gangs go into more
sophisticated crime, shabu,
marijuana and other illegal
drugs.

 Notrecognized by the school


authorities as “legitimate” group
or association.
 Inessence, street gangs are
the foot-soldiers of organized
crime. The gang leaders
depend on their gang members
to do their dirty work
(solicitation, membership fee,
etc) but for their own personal
interests.
WHAT ABOUT FRATERNITY?
 the state or quality of being brothers;
fraternal relationship or spirit;
brotherliness
 a group of men (or, sometimes, men
and women) joined together by
common interests, for fellowship, etc.
 a group of people with the same
beliefs, interests, work, etc.
WHAT ABOUT FRATERNITY?
 the state or quality of being brothers;
fraternal relationship or spirit;
brotherliness
 a group of men (or, sometimes, men
and women) joined together by
common interests, for fellowship, etc.
 a group of people with the same
beliefs, interests, work, etc.
 The terms "fraternity" and "sorority" (from
the Latin words frater and soror, meaning
"brother" and "sister" respectively) may be
used to describe many social and charitable
organizations, for example the Lions Club,
Rotary International, Optimist International,
or the Shriners.
 fraternities and sororities are most
commonly known as social organizations for
higher education or secondary students.
 Recognized by school authorities and
registered with the SEC.

 Any activity shall have the written


approval of the school authorities with
at least two representatives to be
present during the activity to see to it
no physical harm shall be inflicted upon
a recruit or applicant.
IS THERE EXISTING GANGS????

 TRIBAL GANG – Bacolod City


 This gang lately involved in extortion, cellphone
snatching.
 Suspect in the killing of Mr. Del Rosario of Purok
Kahirup, Mansilingan, Bacolod City.
 Suspect in the killing of Dennis Tomas, a
member of the rival gang, the “Bandana Gang”.
 Suspect in the stabbing to death of Nur Llagas
 Killing of a Ceres employee in Brgy Mansilingan,
Bacolod City.

 SECALUYA GANG – Iloilo City


 Lately involved in cellphone snatching,
pickpocketing victimizing passengers
 SINCEL GANG (Bacolod, Negros and Iloilo
City)

 Lately, the gang involved in murder, extortion,


snatching, victimizing high school students.
 Suspect in the murder Napoleon Sabio a member
of a rival gang
 Suspect in the murder of Jamie Palma of Murcia,
Negros Occ.
 Suspect in the killing of Rey Diaz last 14
September 2004
 SAMA-SAMA ANG BARKADA SA PROBLEMA
(SMAB-SP)
 Victimizing elementary students of Handuman
Elementary School
 Recruits are made to pay P1.00 per day as their
gang fund.
 Leader is 20 years old, an out of school youth.
 Last 01 February 2008, recruits
(elementary students) ages from 10 –
12 years old were brought at the back
of BACIWA and were paddled as part of
their initiation. Most of them suffered
severe hematoma and wounds in the
different parts of their bodies.
 They convinced elementary students to
join with the group with a promise to
help them in times of trouble.
 Criminal complaint for ‘SERIOUS
PHYSICIAL INJURIES IN RELATION TO
R.A. 7610’ will be filed against group
leader.
BLOOD LINE GANG (BLG)
 The founder/leader is a fourth year student
of one of the universities in Iloilo City who
came from a very poor family in negros
occidental.
 Members are made to pay P30.00
 Recruiting high school students from other
schools.
 Beautiful new recruit women are sexually
abused in the guise as their “first servicing”.
PINOY BLACK WALL STREET GANG
 Recruiting elementary and high students
 Made to pay membership fee.
 Convinced elementary students to join with
the group with a promise to help them in
times of trouble, but most of their members
became a “problem child”, who used to steal
money from parents.
 Recruits are told to recruit more members, if
not they will be paddled again.
 THERE ARE SEVERAL GANGS FORMED
INSIDE SCHOOL, BUT THESE ARE NOT
REPORTED BY THE SCHOOL AUTHORI-
TIES TO THE POLICE.
 THESE GANGS ARE USUALLY LEAD BY A
LEADER WHO IS NOT A STUDENT OF THE
SCHOOL CONCERNED.
 OTHERS ARE LEADERS OF GANGS
BELONGING TO OTHER SCHOOLS
EXPECIALLY HIGH SCHOOL AND COLLEGE
STUDENTS.
Myths and Facts About Hazing

Myth: Hazing is no more than foolish


pranks that sometimes go awry.

Fact: Hazing is an act of power and


control over others – it is
victimization. Hazing is
premeditated and NOT accidental.
Hazing is abusive, degrading and
often life threatening.
Myth: As long as there is no malicious
intent, a little hazing should be O.K.

Fact: Even if there is no malicious


“intent”, safety may still be a
factor in hazing activities.
Myth: Hazing is an effective way to teach
respect and develop discipline.

Fact: First of all, respect must be


EARNED – not taught. Victims of
hazing rarely report they have respect
for those who have hazed them. Just
like other forms of victimization,
hazing breeds mistrust, apathy, and
alienation.
Myth: If someone agrees to participate in an
activity, it can’t be considered hazing.

Fact: Consent of the victim can’t be


used as a defense in the suit.
Myth: It’s difficult to determine whether or
not a certain activity is hazing

Fact: It’s not difficult to decide if an


activity is hazing if you use your
common sense and refer to our laws
and regulations.
REPUBLIC ACT 8049

AN ACT REGULATING HAZING AND


OTHER FORMS OF INITIATION RITES
IN FRATERNITIES, SORORITIES, AND
ORGANIZATIONS AND PROVIDING
PENALTIES THEREOF.
WHAT IS HAZING?

 AN INITIATION RITE OR PRACTICE AS A


PRE-REQUISITE FOR ADMISSION INTO
MEMBERSHIP IN A FRATERNITY,
SORORITY OR ORGANIZATION BY
PLACING THE RECRUIT NEOPHYTE OR
APPLICANT IN SOME EMBARRASING OR
HUMILIATING SITUATIONS SUCH AS
FORCING ACTIVITIES OR OTHERWISE
SUBJECTING HIM TO PHYSICAL OR
PSYCHOLOGICAL SUFFERING OF INJURY.
WHAT IS AN ORGANIZATION?

 ANY CLUB
 ARMED FORCES OF THE PHILIPPINES
 PHILIPPINE NATIONAL POLICE
 PHILIPPINE MILITARY ACADEMY
 CITIZEN’S ARMY TRAINING
EXEMPT:

THE PHYSICAL, MENTAL AND


PSYCHOLOGICAL TESTING AND
TRAINING OF AFP AND PNP TO
DETERMINE AND ENHANCE, MENTAL
AND PSYCHOLOGICAL FITNESS OF
PROSPECTIVE REGULAR MEMBERS
SHALL NOT BE CONSIDERED AS
HAZING FOR PURPOSES OF THIS ACT.
SECTION 2…
NO HAZING OR INITIATION RITES IN
ANY FORM OR MANNER BY A
FRATERNITY, SORORITY OR
ORGANIZATION SHALL BE ALLOWED
WITHOUT PRIOR WRITTEN NOTICE TO
THE SCHOOL AUTHORITIES OR HEAD
OF ORGANIZATION SEVEN (7) DAYS
BEFORE THE CONDUCT OF SUCH
INITIATION.
 THE WRITTEN NOTICE SHALL INDICATE
THE PERIOD OF THE INITIATION
ACTIVITIES WHICH SHALL NOT EXCEED
THREE DAYS.
 SHALL INCLUDE THE NAMES OF THOSE
TO BE SUBJECTED TO SUCH ACTIVITIES
 SHALL CONTAIN AN UNDERTAKING
THAT NO PHYSICAL VIOLENCE BE
EMPLOYED BY ANYBODY DURING SUCH
INITIATION RITES.
SECTION 3. . .
 THE HEAD OF THE SCHOOL OR
ORGANIZATION OR THEIR REPRESENTA-
TIVE MUST ASSIGN AT LEAST TWO
REPRESENTATIVE OF THE SCHOOL OR
ORGANIZATION, TO BE PRESENT DURING
THE INITIATION.
 IT IS THE DUTY OF SUCH REPRESENTA-
TIVE TO SEE TO IT THAT NO PHYSICAL
HARM OF ANY KIND SHALL BE INFLICTED
UPON A RECRUIT, NEOPHYTE OR
APPLICANT.
SECTION 4… (PENALTIES)

 IF THE PERSON SUBJECTED TO HAZING


OR OTHER FORMS OF INITIATION RITES
SUFFERS ANY PHYSICAL INJURY OR DIES
AS A RESULT THEREOF, THE OFFICERS
AND MEMBERS OF THE FRATERNITY,
SORORITY OR ORGANIZATION WHO
ACTUALLY PARTICIPATED IN THE
INFLICTION OF PHYSICAL HARM SHALL
BE LIABLE AS PRINCIPAL.
THE PERSON OR PERSONS WHO PARTICI-
PATED IN THE HAZING SHALL SUFFER:

THE PENALTY OF RECLUSION PERPETUA


(LIFE SENTENCE) IF DEATH, RAPE
SODOMY OR MUTILIATION RESULTS
THEREFROM.
THE PENALTY OF RECLUSION
TEMPORAL IN ITS MAXIMUM PERIOD
(17 years, 4 months and 1 day to 20
years) IF IN CONSEQUENCE OF THE
HAZING THE VICTIM SHALL BECOME
INSANE, IMBECILE, IMPOTENT OR
BLIND.
THE PENALTY OF RECLUSION TEMPORAL
IN ITS MEDIUM PERIOD (14 years, 8 months
and one day to 17 years and 4 months) IF
IN CONSEQUENCE OF THE HAZING THE
VICTIM SHALL HAVE:

 LOST THE USE OF SPEECH OR THE POWER TO


HEAR OR TO SMELL,
 SHALL HAVE LOST AN EYE, A HAND, A FOOT, AN
ARM OR A LEG
 SHALL HAVE LOST THE USE OF ANY SUCH
MEMBER SHALL HAVE BECOME INCAPACITATED
FOR THE ACTIVITY OR WORK IN WHICH HE WAS
HABITUALLY ENGAGED.
THE PENALTY OF RECLUSION TEMPORAL IN
ITS MINIMUM PERIOD (12 years and one
day to 14 years and 8 months) IF IN
CONSEQUENCE OF THE HAZING THE VICTIM
SHALL:
 become deformed or
 shall have lost any other part of his body, or shall
have lost the use thereof, or
 shall have been ill or incapacitated for the
performance on the activity or work in which he
was habitually engaged for a period of more than
ninety (90) days.
THE PENALTY OF PRISON MAYOR IN ITS
MAXIMUM PERIOD (10 years and one day to
12 years) IF IN CONSEQUENCE OF THE
HAZING THE VICTIM SHALL:

 have been ill or incapacitated for the


performance on the activity or work in which he
was habitually engaged for a period of more
than thirty (30) days.
THE PENALTY OF PRISON MAYOR IN ITS
MEDIUM PERIOD (8 years and one day to
10 years) IF IN CONSEQUENCE OF THE
HAZING THE VICTIM SHALL:

 have been ill or incapacitated for the


performance on the activity or work in which he
was habitually engaged for a period of ten (10)
days or more, or
 that the injury sustained shall require medical
assistance for the same period.
THE PENALTY OF PRISON MAYOR IN ITS
MINIMUM PERIOD (6 years and one day to
8 years) IF IN CONSEQUENCE OF THE
HAZING THE VICTIM SHALL:

 have been ill or incapacitated for the


performance on the activity or work in which
he was habitually engaged from one (1) to
nine (9) days, or
 that the injury sustained shall require medical
assistance for the same period.
THE PENALTY OF PRISON CORREC-
CIONAL IN ITS MAXIMUM PERIOD (4
years, 2 months and one day to 6 years)
IF IN CONSEQUENCE OF THE HAZING
THE VICTIM:

 sustained physical injuries which do not


prevent him from engaging in his habitual
activity or work nor require medical
attendance.
ADMINISTRATIVE LIABILITY

 The responsible officials of the school


or of the police, military or citizen's
army training organization, may
impose the appropriate administrative
sanctions on the person or the
persons charged under this provision
even before their conviction.
PENALTIES: (ADMIN)
 The maximum penalty (dismissal) herein
provided shall be imposed in any of the
following instances:
 when the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the
person of the recruit who refuses to join;
 when the recruit, neophyte or applicant initially
consents to join but upon learning that hazing
will be committed on his person, is prevented
from quitting;
 ) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting
the unlawful act to his parents or guardians, to
the proper school authorities, or to the police
authorities, through force, violence, threat or
intimidation;
 when the hazing is committed outside of the
school or institution; or
 when the victim is below twelve (12) years of
age at the time of the hazing.
 WHO ARE ALSO LIABLE?

 The owner of the place (accomplish)

 The parents (principals)

 The school authorities including faculty


members (accomplish)
 The officers, former officers, or alumni of
the organization, group, fraternity or sorority
who actually planned the hazing although
not present when the acts constituting the
hazing were committed (principals)

 A fraternity or sorority's adviser who is


present when the acts constituting the
hazing were committed and failed to take
action to prevent the same from occurring
(principal)
 The presence of any person during the
hazing is prima facie evidence of
participation therein as principal unless he
prevented the commission of the acts
punishable herein.

 Any person charged under this provision


shall not be entitled to the mitigating
circumstance that there was no intention to
commit so grave a wrong.
CHILDREN ARE CONSIDERED
“ZONES OF PEACE”
LET US ALL JOIN FORCE TO STOP THIS
ILLEGAL PRACTICE! ! ! !
PNP MEMO DATED 17 MAR 2009

 Any member of the training staff who


participated in any form of hazing shall be
immediately investigated and
administratively and criminally charged.

 Any PNP member who has actual knowledge


of the conduct of hazing but failed to take
action to prevent the same from occurring or
failed to report the same to his superior
officers shall be charged admin and crim.
 Immediate Commanders/Superiors shall
also be charged administratively and
criminally for failure to prevent hazing by
virtue of the DOCTRINE OF COMMAND
RESPONSIBILITY.
Doctrine of Command Responsibility

WHAT IS DOCTRINE OF COMMAND


RESPONSIBILITY?

- in its simplest term, Command


Responsibility means the responsibility of
Commanders for the crimes committed by
subordinate members of the armed forces,
law enforcement agency or other persons
subject to their control.
Neglect of Duty (E.O. Nr. 226)
Any government official or supervisor or officer of the
Philippine National Police or that of any law
enforcement agency shall be held accountable for
“NEGLECT OF DUTY” under the doctrine of
command responsibility if he has knowledge that a
crime/offense shall be committed, is being
committed, or has been committed by his
subordinates, or by others within his area of
responsibility and, despite such knowledge, he did
not take preventive or corrective action either
before, during, or immediately after its
commission.
Presumption of Knowledge
a) When the irregularities or illegal acts are
widespread within his area of jurisdiction.

b) When the irregularities or illegal acts have


been repeated or regularly committed
within his area of responsibility or,

c) When members of his immediate staff or


office personnel are involved.
Elements of Command Responsibility
 The command authority - relationship
between superior and subordinate

 Knew or had reason to know

 Failure to prevent or punish


WHAT CHARGES?

 OPPRESSION – dismissal from the service

 GRAVE MISCONDUCT (violation of penal


laws) - dismissal from the service

 CRIMINAL CHARGE – (depending on the


gravity of the offense – in relation to RA
8049)

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