INTRODUCTION TO

CRIMINOLOGY
LYEN CAREL T. GARCIA, RCrim
TOP 1
CLE JUNE 2022
 ROFESSIONAL REGULATION COMMISSION
PROFESSIONAL REGULATORY BOARD OF CRIMINOLOGY
TABLES OF SPECIFICATION

CRIMINOLOGY 20%
INTRODUCTION TO CRIMINOLOGY Number of
Items
The registered criminologist can perform the competencies under the following sub-topics: and
Distribution
100

15

Describe, explain and use the basic theories of classical and positivist in explaining the etiology of 5
crime, criminal behavior, deviant behavior, and human behavior.

Interpret and differentiate the fundamental concepts of law, crime, criminology, criminal justice, 3
deviance, and delinquency

Distinguish typologies of crimes, delinquents, and criminal offenders. 3

Understand and introduce innovation on the concepts of punishment, sentencing, and rehabilitation; 2
allied discipline/fields of criminology.

Learn and explicate The Philippine Criminology Profession and career paths versus criminologists in 2
other countries.
 EARLY EXPLANATION TO THE EXISTENCE OF
CRIMINALITY

1. CRIME IS CAUSED BY DEMON

Accordingly, men commit anti social acts because the demon,
spirits, or some form the “other world” instructed or pushed them to do so.
2. CRIME IS CAUSED BY DIVINE WILL
Men manifest criminal behavior because they are sinful so God
wants to punish them. During the ancient period criminals are given the
right of sanctuary whereby they can seek refuge in the temples of God
so that they will be free from prosecution and punishment.
3. CLASSICAL SCHOOL
4. NEO-CLASSICAL SCHOOL
5. POSITIVIST SCHOOL
 CRIMINOLOGY SCHOOL OF
THOUGHTS
SCHOOLS OF THOUGHT
A school of thought is a point of view held by a particular
group or belief or system of belief accepted as authoritative by
some group of school
Each school of criminology explains crime in its own
manner and suggests punishment and measures which suits its
ideology
Each school represents the social attitude of people
towards crime in a given time
THE CLASSICAL SCHOOL OF CRIMINOLOGY
FOUNDER:
CESSARE BECCARIA (Cesare Bonesara Marchese de Beccaria)
JEREMY BENTHAM
The basis of criminal liability is human free will and the purpose of
penalty is retribution.
That the man is essentially a moral creature with an absolute free
will to choose good and evil, thereby placing more stress upon the
effects or result of the felonious act that upon the criminal himself.
This school of thought is based on the assumption that
individuals choose to commit crimes after weighing the
consequences of their action.
Fear of punishment can deter them from committing a crime and
society can control behavior by making the pain or punishment greater
than the please of criminal gains.
 CESARE BECCARIA (CESARE BONESANA
MARCHESE DI BECCARIA) (1738-1794)
He is best known for his essay “ON CRIMES AND
PUNISHMENT” (1764)
It is a treaties on legal reform that is widely considered as one of
the founding texts of Classical Criminology, proposing many reforms
to the criminal justice system which we now take for granted, in
particular:
1. the prompt administration of clearly prescribed and consistent
punishment
2. Well-publicized laws made by the legislature rather than individual
courts or judges
3. Abolition of torture in prisons
4. The use of the penal system to deter would-be offenders, rather
than simply punishing those convicted.
 BECCARIA BELIEVED THAT:

a. people want to achieve pleasure and avoid pain.

b. crime provides some pleasure to the criminal.
c. to deter crime, he believed that one must administer pain in
an appropriate amount to counterbalance the pleasure obtained
from committing a crime.
d. Famous in sayings “Let the punishment fit the crime”
 HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
REGARDING CRIMES AND THE CRIMINAL JUSTICE
SYSTEM
1. In forming a human society, men and women sacrifice a
portion of their liberty so as to enjoy peace and security.
2. Punishments that go beyond the need of preserving the public
safety are in their nature unjust.
3. Criminal laws must be clear and certain. Judges must make
uniform judgments in similar crimes.
4. The law must specify the degree of evidence that will justify
the detention of an accused offender prior to his trial.
5. Accusations must be public. False accusations should be
severely punished.
6. To torture accused offenders to obtain a confession is
inadmissible.
7. The promptitude of punishment is one of the most effective
curbs on crimes.
8. The aim of punishment can only be to prevent the criminal
from committing new crimes against his countrymen, and to
keep others from doing likewise. Punishments, therefore, and the
method of inflicting them, should be chosen in due proportion to
the crime, so as to make the most lasting impression on the minds
of men.
9. Capital punishment is inefficacious and its place should be
substituted by life imprisonment.
10. It is better to prevent crimes than to punish them. That is
the chief purpose of all good legislation.
 JEREMY BENTHAM (1748-1832)

His contribution to classical school of criminology is the

concept of utilitarianism and the felicific calculus.
He reasoned that in order to deter individuals from
committing crimes, the punishment or pain must be greater
than the satisfaction or pleasure he would gain from
committing the crime
Utilitarianism
– It is a philosophy which argues that what is right is the one that would cause
the greatest good for the greatest number of people.
- Others refer to it as the greatest happiness principle or the principle of utility.
- From this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the “pleasure and pain principle” – It is a theory that

proposes that individuals calculate the consequences of his actions by weighing
the pleasure (gain) and the pain (suffering) he would derive from doing the action.

Panopticon Prison is a type of institutional building and a system of control

designed by the English philosopher and social theorist Jeremy Bentham in the
18th century. The concept of the design is to allow all prisoners of an institution
to be observed by a single security guard, without the inmates being able to
tell whether they are being watched.
 MODERN OUTGROWTHS OF CLASSICAL
SCHOOL
Rational Choice Theory, Routine Activities Theory, General
Deterrence Theory, Specific Deterrence, Incapacitation

DETERRENCE - the prevention of a certain act or acts (such as a crime)

through fear of punishment.

A. GENERAL DETERRENCE - A crime control policy that hinges on the

fear of criminal penalties. General deterrence measures, such as long
prison sentences for violent crimes, are aimed at convincing the
potential law violator that the pains associated with crime outweigh its
benefits.
B. SPECIFIC DETERRENCE - A crime control policy proposing that
punishment be severe enough to convince convicted offenders never
to repeat their criminal activity.
THREE (3) CHARACTERISTICS OF AN EFECTIVE
DETTERENT (CE- SE – CE)

1. CELERITY OR SWIFTNESS - the rapidity with which

punishment follows a crime.
2. SEVERITY - the complexity or unpleasantness of a sanction.
3. CERTAINTY - the likelihood that a crime will be detected and
punished.
RATIONAL CHOICE THEORY BY WILLIAM GLASSER
It states that individuals use rational calculations to make
rational choices and achieve outcomes that are aligned with
their own personal objectives. These results are also associated
with an individual’s best, self-interests.

It is also known as Choice Theory or Rational Action

Theory. It is a framework for understanding and often formally
modeling social and economic behavior.
ROUTINE ACTIVITY THEORY BY MARCUS FELSON AND
LAURENCE E. COHEN
It emphasizes that crime occurs when three elements
converge:
(1) a motivated offender;
(2) a suitable target; and
(3) the absence of a capable guardian.
This theory includes the routine activities of both offender and
victim.
It is a sub-field of crime opportunity theory that focuses on
situations of crimes. In this theory “opportunity and vulnerability” are
the reasons of crime.
 THE NEO-CLASSICAL SCHOOL OF
CRIMINOLOGY
The neo-classical school of criminology argued that
situations or circumstances that made it impossible to exercise
freewill are reasons to exempt the accused from conviction. This
school of thought maintains that while the classical doctrine is
correct in general, it should be MODIFIED in certain details, that
children and lunatics should not be regarded as criminals and
free from punishment, it must take into account certain
mitigating circumstances.
THE POSITIVIST/ITALIAN SCHOOL (1838 – 1909)
FOUNDER:
Cesare Lombroso and his two students, Enrico Ferri and
Rafaele Garofalo

That the man is occasionally subdued by strange and

morbid phenomenon, which contains him to do wrong, inspite or
contrary to his volition.
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
 The term “POSITIVISM” refers to a method of analysis
based on the collection of observable scientific facts.
- Positivists believe that causes of behavior can be measured
and observed.
- It demands for facts and scientific proof, thus, changing the
study of crimes and criminals into scientific approach.
- Positive theorists were the first to claim the importance of
looking at individuals’ differences among criminals. These
theorists who concentrated on the individual structures of
persons stated that people are passive and controlled whose
behaviors are imposed upon them by biological and
environmental factors.
EZCHIA MARCO “CESARE” LOMBROSO/
CESARE LOMBROSO (1836 – 1909)
He is recognized as the “Father of Modern and Empirical
Criminology” due to his application of modern scientific methods to
trace criminal behavior. However, most of his ideas are now
discredited.
Known for the concept of atavistic stigmata (the physical features
of creatures at an earlier stage of development).
He claimed that criminals are distinguishable from non-criminals
due to the presence of atavistic stigmata and crimes committed by
those who are born with certain recognizable heredity traits.
Lombroso’s work supported the idea that a criminal is a
biologically and physically inferior person.
He wrote the essay entitled “CRIME: Its Causes and Remedies”
that contains his key ideas and the classifications of criminals.
 Founded criminal anthropology suggesting that
physiological trait is indicative of criminal tendencies such as
measurement of cheek bones, hairline and clef palate.
THE CRIMINAL MAN (1876) – This criminal man evolved
from the autopsy performed by Lombroso in which he recognized
the following stigmata indicative of criminal tendencies
THE FEMALE OFFENDER (1901) – According to the study
of Lombroso, he noted that most women are not criminal,
however, they are most often occasional criminals but, some
women are atavistic criminals.
 CLASSIFICATIONS OF CRIMINALS BY
LOMBROSO
1. Born Criminals – there are born criminals according to
Lombroso, the belief that being criminal behavior is inherited.
ATAVISM - The return of a trait or reappearance of previous
behavior after a period of absence.
ATAVISTIC ANOMALY - physically, their resemblances on
the evolutionary scale to more primitive times where people
were savages.
2. Insane Criminals – are those who commit crime due to
abnormalities or psychological disorders. They should be
exempted from criminal liability.
3. Criminaloid – a person who commits crime due to less
physical stamina/self control.
Types Of Criminaloids:
Habitual Criminals -
Criminal by Passion – hot headed, impulsive person, great
emotions like fit of anger
Juridical Criminals – violates the law by accident

4. Occasional Criminal – are those who commit crime due to

insignificant reasons that pushed them to do at a given
occasion.
5. Pseudo-criminals – are those who kill in self-defense.
 ENRICO FERRI (1856 – 1929)
He focused his study on the influences of psychological
factors and sociological factors such as ECONOMICS ON
CRIMES.
He believed that criminals could not be held morally
responsible because they did not choose to commit crimes but
rather were driven to commit crimes by conditions of their lives.
Advocated the “Theory of Imputability and the Denial of
the Free Will” in 1878.
RAFFAELE GAROFALO ( 1852 – 1934)
Raffaele Garofalo ( 1852 – 1934) – Another follower of
Lombroso, an Italian nobleman, magistrate, senator, and
professor of law. Like Lombroso and Ferri, he rejected the
doctrine of free will and supported the position that the only way
to understand crime was to study it by scientific methods.
Influenced on Lombroso’s theory of atavistic stigmata (man’s
inferior/ animalistic behavior), he traced the roots of criminal
behavior not to physical features but to their psychological
equivalents, which he called “MORAL ANOMALIES”.
TYPES OF CRIMINALS BY GAROFALO
1. MURDERERS
those who are satisfied from vengeance/revenge
2. VIOLENT CRIMINALS
those who commit very serious crimes
3. DEFFICIENT CRIMINALS
those who commit crimes against property
4. LASCIVIOUS CRIMINALS
those who commit crimes against chastity and other
sexual crimes.
 CRIMINOLOGY
In its broadest sense, criminology is the entire body of
knowledge regarding crimes, criminals, and the effort of the
society to prevent and repress them.
In a narrower sense, criminology is the scientific study of
crimes and criminals.

It also refers to the scientific study of crimes, criminals,

and victims. It also deals with the prevention, and solution of
crimes. (R.A. 11131)
 CRIMINOLOGY
Criminology is a body of knowledge regarding
delinquency and crime as a social phenomenon (Tradio,
1999). It may also refer to the study of crimes and criminals
and the attempt of analyzing scientifically their causes and
control and the treatment of criminals.

Criminology is a multidisciplinary study of crimes

(Bartol, 1995). This means that many disciplines are involved in
the collection of knowledge about criminal action, including,
psychology, sociology, anthropology, biology, neurology,
political science and economics.
But over the years, SOCIOLOGY, PSYCHOLOGY, AND
PSYCHIATRY have dominated the study of crime.
 SUB-FIELDS OF CRIMINOLOGY
Sociological Criminology – the study of crime focused on the group of people
and society as a whole. It is primarily based on the examination of the relationship of
demographic and group variables to crime. Variables such as socioeconomic status,
interpersonal relationships, age, race, gender, and cultural groups of people are probed in
relation to the environmental factors that are most conducive to criminal action,
such as time, place, and circumstances surrounding the crime.

Psychological Criminology – the science of behavior and mental processes of

the criminal. It is focused on the individual criminal behavior-how it is acquired, evoked,
maintained, and modified. Both the environmental and personality influences are
considered, along with the mental processes that mediate the behavior.

Psychiatric Criminology – the science that deals with the study of crime through
forensic psychiatry, the study of criminal behavior in terms of motives and drives that
strongly relies on the individual. (Psychoanalytic Theory - Sigmund Freud – traditional
view). It also explains that criminals are acting out of uncontrollable animalistic,
unconscious, or biological urges (modern view).
 SCOPE AND DIVISION OF THE STUDY OF
CRIMINOLOGY
A. THE MAKING OF LAWS
This pertains to the examination of the nature of and structure of
laws
B. THE BREAKING OF LAWS
This pertains to the examination of the reasons of crime
causation which primarily deals to answer issues despite the
presence of laws people still commit crimes.
C. REACTION TOWARDS THE BREAKING OF LAWS
This pertains to the study of how people, the criminal, and the
government reacts towards the breaking of laws because the reactions
necessarily bring light to the development of modern measures to
treat criminal offenders at the same time the reaction maybe contributory
to criminality.
 ORIGIN OF THE WORD “CRIMINOLOGY”

Etymologically, the term criminology came from the Latin

word “crimen” meaning crime and Greek word “Logos” which
means “to study”.
In 1885, Rafael Garofalo, an Italian Law Professor coined
the term “criminologia”.
In 1889, Paul Topinard, French Anthropologist, used the
term criminology in French “criminologie” for the first time.

Sociology – It is the mother discipline of Criminology. It is the

study of human society, its origin, structure, functions and
direction
 SCOPE OF THE STUDY OF
CRIMINOLOGY/PRINCIPAL DIVISIONS OF
CRIMINOLOGY
Criminal Behavior or Criminal Etiology
The scientific analysis of the causes of crime;
Sociology of Law
The study of law and its application;
Penology or Correction
The study that deals with punishment and the treatment
of criminals;
Criminalistics or Forensic Science
One more area of concern in crime detection and
investigation.
CRIMINOLOGY VS CRIMINALISTICS

Criminology Criminalistics

Social science Applied science

Deals more on theories Technological theories

Intangible (human being) Tangible (things)

 NATURE OF CRIMINOLOGY
Understanding crime is as complex as other fields of interest. It
requires therefore a systematic and balanced knowledge in the examination
of why they exist. In this sense, criminology is:

An Applied Science – Anthropology, psychology, sociology and other

natural sciences may be applied in the study of the causes of crime while
chemistry, medicine, physics, mathematics, etc. maybe utilized in crime
detection.
A Social Science – Inasmuch as crime is a societal creation and that it
exists in a society, its study must be considered a part of social science.
Dynamic – Criminology changes as social condition changes. That
means the progress of criminology is concordant with the advancement of
other sciences that have been applied to it.
Nationalistic – The study of crime must always be in relation with the
existing criminal law with in the territory.
 IS CRIMINOLOGY A SCIENCE?
According to George Wilker, criminology cannot become a
science because it has not yet acquired universal validity.

Edwin H. Sutherland, the “Dean of Modern Criminology”,

hoped that it will become a science in the future since the
causes of crimes are almost the same which may be biological,
environmental or combination of the two.
 OBJECT OF INTEREST IN
CRIMINOLOGY
The four major object of interest in criminology are:
• CRIMES (CRIMINAL ACTS)
• CRIMINALS (PERPETRATORS OF CRIME)
• CRIMINAL BEHAVIOR
• VICTIMOLOGY (STUDY OF VICTIMS)
CRIME
 CRIME
Crime may be defined as:

An act or omission in violation of a criminal law in its legal

point of view.
An anti-social act; an act that is injurious, detrimental or
harmful to the norms of society; they are the unacceptable
acts in its social definition.
Psychologically, crime is an act, which is considered
undesirable due to behavioral maladjustment of the offender;
acts that are caused by maladaptive or abnormal behaviors.
 ESSENTIAL ELEMENTS OF CRIME/
TRIAD OF CRIME
1. Desire – It is what induces or pushes the person to commit
crime.

2. Opportunity – This refers to the physical possibility that the

crime could have been committed.

3. Capability – It is the ability of the person to execute the acts

or omission punishable by law.
 According to Abrahamsen in his book entitled, “Crime and
Human Mind” in 1945, he explained the causes of crime by this
formula:

C=T+S
R
Where:
C-Crime (ACT)
T-Tendency (DESIRE/INTENT)
S-Situation (OPPORTUNITY)
R-Resistance to Temptation (CONTROL)
 WHEN DOES CRIME EXIST?
• In the legal viewpoint, crime exists when the court has proved
the guilty.
• In the scientific point of view, crime exists when it is
reported. This is more realistic but not all reported cases are
with the sound basis of true happening, some of them are
also unfounded.
 SOME DISTICTIONS
BETWEEN CRIME AND SIN
Crime is an act or omission against the penal law of a state
while Sin is an act or omission against the spiritual or divine
law.

BETWEEN CRIME AND IMMORALITY

1. Crime is committed against the law of state while Immorality is
committed against the unwritten social norms in a locality.
2. Crime is fixed by statute, while immorality is not
3. Crime is nationalistic while immorality is regionalistic
CLASSIFICATION OF CRIMES
 LEGAL CLASSIFICATIONS:
1. According to law violated
FELONY - The term felony is limited only to violations of the
Revised Penal Code. When the crime is punishable under a
special law you do not refer to this as a felony.
OFFENSE - A crime punished under a special law is called a
statutory offense.
MISDEMEANOR - A minor infraction of the law, such as a
violation of an ordinance.
CRIME - Whether the wrongdoing is punished under the Revised
Penal Code or under a special law, the generic word “crime”
can be used.
2. According to the manner of committing crime:
A. By means of dolo or deceit – the act is performed with deliberate intent
REQUISITES of DOLO
• Criminal intent; (Mitigating Circumstance) - No Intention to Commit so Grave a
Wrong (Praeter Intentionem)
• Freedom of action; (Justifying Circumstance) - State of Necessity
• Intelligence (Exempting Circumstance) - Imbecility or Insanity

B. By means of culpa or fault - when the wrongful act results from

imprudence, negligence, lack of foresight, or lack of skill.
REQUISITES of FAULT
• Criminal negligence - that is, the crime was the result of negligence, reckless
imprudence, lack of foresight or lack of skill;
• Freedom of action
• Intelligence
3. According to the stages in the commission:
1. Formal Crimes
Formal crimes are crimes, which are consummated in one
instance (Adultery)

2. Material Felonies
Those that have various stages of execution (Homicide)

3. Crimes which have NO FRUSTRATED STAGE

The essence of the crime is the act itself; (Rape)
A. CONSUMMATED FELONY
- When all the elements necessary for its execution are present.
- The felony is produced
B. FRUSTRATED FELONY
- When the offender performs all the acts of execution;
- All the acts performed would produce the felony as a
consequence;
- The felony is not produced;
- By reason of causes independent of the will of the perpetrator.
C. ATTEMPTED FELONY
- When the offender commences the commission of a felony
directly by overt acts;
- He does not perform all the acts of execution which should
produce the felony;
- By reason of some cause or accident other than his own
4. ACCORDING TO THEIR GRAVITY
Grave felonies or those to which attaches the capital punishment or
penalties which in any of their periods are afflictive;
Afflictive penalties include: Reclusion Perpetua, Reclusion Temporal,
Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary
Special Disqualification, and Prision Mayor

Less grave felonies or those to which the law punishes with penalties
which in their maximum period is correctional;
Correctional penalties include: Prision Correccional, Arresto Mayor,
Suspension, and Destierro

Light felonies or those infractions of law for the commission of which the
penalty is arresto menor.
Light penalties: Those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both is
5. AS TO COUNT

PLURALITY OF CRIMES
Consists in the successive execution by the same
individual of different criminal acts upon any of which no
conviction has yet been declared.

COMPLEX CRIMES:
1. COMPOUND CRIME - When a single act results in two or
more grave or less grave felonies
2. COMPLEX CRIME PROPER - When an offense is a
necessary means for committing the other.
Special Complex/Composite Crimes
The substance is made up of more than one crime but
which in the eyes of the law is only a single indivisible
offense. All those acts done in pursuance of the crime agreed
upon are acts which constitute a single crime.

Special Complex Crimes

• Robbery with Homicide (Art. 294 (1))
• Robbery with Rape (Art. 294 (2))
• Kidnapping with serious physical injuries (Art. 267 (3))
• Rape with Homicide (Art. 335)
CONTINUED CRIME
A continuous, unlawful act or series of acts set on foot by a
single impulse and operated by an unintermittent force, however
long a time it may occupy.
EXAMPLE: Juan steals 2 books belonging to 2 different persons.
He commits only one crime because there is unity of thought in the
criminal purpose of the offender

CONTINUING CRIME
The term used in criminal procedure to denote that a certain
crime may be prosecuted and tried not only before the court of the
place where it was originally committed or began, but also before the
court of the place where the crime was continued.
The term is used in criminal procedure when any of the material
ingredients of the crime was committed in different places.
6. According to the nature of the act:

Mala in se
An act, by its very nature, is inherently and morally
wrong; it should be done with criminal intent.

Malum prohibitum
An act is wrong only because there is a law punishing
it. It is enough that the prohibited act was voluntarily committed
and need not be committed with malice or criminal intent to be
punishable.
 MALA IN SE v. MALA PROHIBITA
MALA IN SE MALA PROHIBITA

MORAL TRAIT OF considered not considered

OFFENDER

GOOD FAITH AS A DEFENSE valid defense, unless the crime is intent not necessary sufficient that
the result of culpa the offender has the intent to
perpetrate the act prohibited by the
special law
DEGREE OF ACCOMPLISHMENT taken into account taken into account only when
OF THE CRIME consummated

MITIGATING AND AGGRAVATING taken into account in imposing GENERALLY not taken into
CIRCUMSTANCE penalty account

DEGREE OF PARTICIPATION
LAWS VIOLATED
when there is more than one
offender, it is taken into
consideration
General Rule: RPC
(EXPN: TECHNICAL
MALVERSATION)
GENERALLY not taken into
account
General Rule: Special Penal Laws
(EXPN: RA 3019)
 LEGAL CLASSIFICATION OF CRIMES
UNDER THE LAW, CRIMES ARE CLASSIFIED
AS:
Crimes against National Security and the Law of Nations -
Example – Treason, Espionage, Piracy
Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
Crimes against Public Interest.
Example – Forgery, Falsification, Fraud
Crimes against Public Morals
Example – Gambling and betting, offences against decency and
good customs like scandals, obscenity, vagrancy, and prostitution
Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance

Crimes against Person

Example – Murder, Rape, Physical Injuries

Crimes against Properties

Example – Robbery, Theft

Crimes against Personal Liberty and Security

Example – Illegal Detention, Kidnapping, Trespass to Dwelling,
Threat and Coercion
Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness

Crimes against Civil Status of Persons

Example – Bigamy and Other Illegal Marriages

Crimes against Honor

Example – Libel, Oral Defamation

Quasi-offenses or Criminal Negligence

Example – Imprudence and Negligence
 CRIMINOLOGICAL CLASSIFICATION
OF CRIME
CRIMES ARE CLASSIFIED IN ORDER TO FOCUS A
BETTER UNDERSTANDING ON THEIR EXISTENCE.
CRIMINOLOGISTS CONSIDER THE FOLLOWING AS
CRIMINOLOGICAL CLASSIFICATION OF CRIMES
ACCORDING TO EFFECTS OF CRIME

Acquisitive Crime- is one which when committed, the

offender acquires something as a consequence of his
criminal act.

Extinctive Crime- when the result of criminal act is

destruction.
ACCORDING TO EVENTS OR SEASON

Seasonal Crimes- are those that are committed only at

certain period of the year

Situational Crimes- are those that are committed only

when given a situation conducive to its commission.
ACCORDING TO LENGTH OF TIME

Episodic Crimes- are serial crimes; they are committed

by series of act within a lengthy space of time.

Instant Crimes- are those that are committed the

shortest possible time.
ACCORDING PLACE OF EXECUTION

Static Crimes- are crimes that are committed only in

one place.

Continuing Crimes- are crimes that are committed in

several places.
ACCORDING TO DEGREE OF SANITY
OFFENDER

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.
 ACCORDING TO PROFESSION
White Collar Crimes- are those committed by a person of
responsibility and of upper socio-economic class in the
course of their occupational activities.

Blue Collar Crimes- are those committed by ordinary

professionals to maintain their livelihood.
 ACCORDING TO SOCIAL CLASS
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.
 ACCORDING TO EXTERNAL
FACTORS
Crimes by Imitation- are crimes committed by merely
duplication of what was done by others.

Crimes by Passion- are crimes committed because of

the fit of great emotions.

Service Crimes - Service Crime refers to crimes

committed through rendition of a service to satisfy
desire of another.
 CRIMES OF THE MODERN WORLD
Transnational crime
Is an offense that has an international dimension and
implies crossing at least one national border before, during or
after the fact. This include but not limited to illegal drug trafficking,
money laundering, terrorism, arm smuggling, piracy, kidnapping,
trafficking in persons, and cyber crimes. Most of these crimes falling
under this category reflect connection with organized and white-
collar criminals.
ORGANIZED CRIMES
An organized Crime is a criminal activity by an enduring
structure or organization developed and devoted primarily to the
pursuit of profits through illegal means.
 WHITE COLLAR CRIMES
Edwin Sutherland defined white-collar crime as criminal acts committed
by a person of respectability and high social status in the course of
his or her occupation

5 BASIC ELEMENTS OF WHITE COLLAR CRIME

1. INTENT - offender’s awareness that the activities are wrong or illegal
2. DISGUISE OF PURPOSE – refers to the offenders conduct while
carrying out the scheme
3. RELIANCE ON THE VICTIM’S IGNORANCE – means that the victim
is unable to see that he or she is being deceived
4. VOLUNTARY ASSISTANCE FROM THE VICTIM – may refer to the
actions on part of an actual victim who is to be defrauded of money or
property
5. CONCEALMENT – is the goal of white-collar criminals to cover-up
their criminal activities.
 Forms of White Collar Crimes
Corporate crimes - the violation of a criminal statute either by a
corporate entity or by its executives, employees or agents,
acting on behalf of and for the benefit of the corporation,
partnership or other business entity.
Environmental crimes - violation of criminal law which, although
typically committed by businesses or by business officials, may
also be committed by other persons or organizational entities,
and which damage some protected or otherwise significant
aspect of the natural environment.
Occupational crimes - any act punishable by law, which is
committed through opportunity created in the course of an
occupation that is legal.
Organizational Occupational Crime - crimes committed for the
benefit of the entire organization in such instances only the
organization or the employer, not individual employees.
State Authority Occupational Crime - crimes by officials through
the exercise of their state-based authority. Such crime is
occupation specific, and can only be committed by person in
public office or by working for such persons.
Professional Occupational Crime - crimes by professionals in
their capacity as professionals. The crimes of physicians,
attorneys, psychologists, and the like are included here.
Individual Occupational Crime - crimes by individuals as
individuals which include income tax evasion, theft of goods and
services by employees, the filing of false expense report, and the
like.
 THE CONVENTIONAL CRIMES
Conventional crimes are those traditional, illegal behaviors that most
people think of as crime.
Conventional crimes are groups of crimes categorized as violent
crimes (index crimes) and property crimes.

Violent Crimes - Violent crimes are criminal acts, which in the threat of
or actual physical harm by an offender to a victim.
Violent acts are in the forms of:

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

Violence, Robbery
Political Violence - Terrorism
Collective Violence - Riots, Mobs, Crowds, Urban Violence
Property Crimes - are crimes of economic interest. It includes
those crimes that would most commonly be categorized as theft
in ordinary language

Occasional Property Crimes - Shoplifting, Vandalism, Motor

vehicle theft, Check Forgery
Conventional Property Crimes - Burglary/unlawful entry to
commit theft, Fence, Larceny/Theft
 Violent Crimes (Index Crimes)
• Murder – is the unlawful killing of human being with malice and with the “act
of violence”.
Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year.
Mass Murder – it is the killing of four or more victims at one location with
one event.
Spree Murder – the killing of in two or more locations with almost no
time break between murders.
• Homicide and Assault
• Robbery
• Family Violence
• Child Abuse – an attack or assault of an adult against the defenseless or
people who cannot defend themselves, usually by a parent to a child.
• Spouse Abuse – “husband vs wife battering”
Types of Violent Offenders

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

Rape
“Rape Trauma Syndrome” – refers to the adverse psychological impacts rape victims continue
to suffer long after the incident.
It includes:
• Sexual anxiety
• Pervasive fear to the opposite sex
• Problems in interpersonal relationship
 Property Crimes (Non-Index Crimes)
Occasional Property Crimes - Occasional Property crimes are
group of property crimes committed by ordinary property
criminals with little progressive knowledge on criminal
techniques. Offenders injure or steal property on an infrequent
basis. They tend to commit crimes such as Auto theft of motor
vehicle theft, Shoplifting or good pilferage, Vandalism, Check
Forgeries

Conventional Property Crimes - These are group of property

crimes committed by professional criminals on a persistent
basis, which constitute form of career criminality
 Classification of Men who Rape
ANGER RAPE – sexual attack becomes a means of expressing anger
or rage and involves more physical assault upon the victim.
POWER RAPE – assailant primarily wishes to express his domination
over the victim.
SADISTIC RAPE – perpetrator combines the sexuality and aggression
aims in psychic desires to often torture or otherwise abuse the victim.
ACQUAINTANCE RAPE - forcible sex in which offender and the victim
are acquainted with one another.
AGGRAVATED RAPE - rape involving multiple offenders, weapons
and victim injuries.
DATE RAPE - forcible sex during the courting relationship.
SERIAL RAPE - multiple rapes committed by one person over time.
STATUTORY RAPE - sexual relations between an underage minor
female and an adult male.
 Categories of Rapists
a) Naïve Graspers – Sexually inexperienced youths who possess
an unrealistic conception of female erotic arousal. Awkward in
relating to the opposite sex, they hold high expectations that
their cute advances will be met with affection by their victims.
b) Meaning Stretchers – An offender misinterprets woman’s
expressions of friendliness and affection as indicating that the
female desire continues even when she says no.
c) Sex Looters – Persons who have a low desire for affection or
low respect for the victim’s autonomy and callously use woman
as sex object.
d) Group Conformers – Rapist participates in a group rape or
gang bang; often following the leader. A sex looter felt a sense of
conformity and notion demonstrating their masculinity
 WHY MUST MEMBERS OF SOCIETY
INTERESTED IN CRIME?
➢ CRIME IS PERVASIVE – nearly all participants of a free society are
once upon a time a victim of an offender of a criminal act. Criminal as an
associate of society affects almost all people regardless of age, sex,
race, nationality, religion, financial condition, education and other personal
circumstances.
➢ CRIME IS EXPENSIVE – the government and private sector use an
enormous amount of currency for crime detection, prosecution
correction and prevention. Those expenses are either:
DIRECT EXPENSE – those spent by government or private sector
for the maintenance or the police and security guards for crime detection,
prosecution and judiciary, support of prison system
INDIRECT EXPENSE – those expense utilized to prevent the
commission of crimes like the construction of window grills, fences, gate,
purchase of door locks, safety vaults, hiring of watchmen etc.
➢ CRIME IS DESTRUCTIVE – many lives have been vanished
because of crimes like murder, homicide and other violent
deaths. Properties have been lost or devastated on account of
robbery, theft and arson.
➢ CRIME IS REFLECTIVE – crime rate or incidence in a given
locality is reflecting of the efficiency of the social defenses
employed by the people primarily that of the police system.
➢ CRIME IS PROGRESSIVE – the progressive upsurge in the
volume of crime is on account of the ever-increasing
population. The ever-increasing crime rate and their technique
show the progress thinking of the society for advancement.
 OTHER BASIC CAUSES OF CRIME
1. HATRED – Some individuals develop a violent hatred for one reason of
another. This hatred may ultimately result in some act of violence.
2. PASSION – All persons are born with the same general desires and passions.
It is the manner in which they control these passions that will determine
whether or not they will resort to criminal activity or will live a normal life.
3. PERSONAL GAIN – It is normal for a person to desire to improve his life,
and to work hard to a better if not abundant life for himself and his family.
4. INSANITY – from among the members of the society, there are those who are
born mentally abnormal, and are therefore, not governed by their own freewill.
5. REVENGE – This literally means to retaliate.
6. UNPOPULAR LAWS – Laws or ordinances which are ambiguous, those
are fraught with meaning, or which attempt to regulate and/or control human
behavior contrary to the wishes of the people are known as unpopular laws
or ordinances which people would rather choose to break or disobey.
 LAW
It is rule of conduct
laws serve as guides of an individual in relation to his fellowmen and
to his community
It is just
it means that the law must be fair; treats every person the same and
based on the values and ethics held by the majority of society
It is obligatory
it means that the law must be enforced, if not the purpose of its creation
will not be served
It is prescribed by legitimate authority
it means that the law was made by persons who are given the power to
make it.
It is ordained for the common benefit
laws should be made for the protection, common good and benefit of
the people. “SALUS POPULI EST SUPREMA LEX” –
 CRIMINAL LAW
A branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.

SOURCES OF CRIMINAL LAW

1. The Revised Penal Code (Act No. 3815) and its amendments
2. Special penal laws passed by the Philippine Commission,
Philippine Assembly, Philippine Legislature, National Assembly,
the Congress of the Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law.
THE POWER TO DEFINE AND PUNISH
CRIME
By virtue of its police power, the STATE has the authority
to define and punish crimes. The concept of the police power is
well-established in this jurisdiction. The same has been defined
as “state authority to enact legislation that may interfere with
personal liberty or property in order to promote the general
welfare.” As defined, it consist of (1) an imposition of restraint
upon liberty or property, (2) in order to foster the common good.
 THEORIES OF CRIMINAL LAW:

a. Utilitarian theory or protective theory

The primary purpose: Protection of society from actual or
potential wrongdoers

b. Classical or juristic philosophy

Best remembered by the maxim “An eye for an eye, a tooth for a
tooth.” (Oculo pro oculo, dente pro dente)
c. Positivist or realistic philosophy
The primary purpose: Reformation.
There is great respect for the human element because the
offender is regarded as socially sick who needs treatment, not
punishment.

d. Eclectic or mixed philosophy

This combines both positivist and classical thinking. Crimes that
are economic and social by nature should be dealt with in a positivist
manner; thus, the law is more compassionate. Heinous crimes should
be dealt with in a classical manner; thus, capital punishment.
The Revised Penal Code today follows the mixed or eclectic
philosophy.
 LIMITATIONS
a. Must be general in application.
b. Must not partake of the nature of an ex post facto law. (1987
Const. Art III, Sec.22)
EX POST FACTO LAW - An act which when committed was
not a crime, cannot be made so by statute without violating the
constitutional inhibition as to ex post facto laws
c. Must not partake of the nature of a bill of attainder. (1987
Const. Art III, Sec 22)
BILL OF ATTAINDER – A legislative act which inflicts
punishment without trial. EXAMPLE: Congress passes a law which
authorizes the arrest and imprisonment of communists without the
benefit of a judicial trial.
d. Must not impose cruel and unusual punishment or excessive
fines. (1987 Const. Art III, Sec 19)
 CHARACTERISTICS OF CRIMINAL LAW:
GENERAL – binding on all persons who reside or sojourn in the
Philippines

Exceptions:
a. Treaty Stipulation RP-US Visiting Forces Accord, the
Military Bases Agreement between the Republic of the
Philippines and the United States of America)

b. Laws of Preferential Application (Rep. Act No. 75 may be

considered a law of preferential application in favor of
diplomatic representatives and their domestic servants)
c. Principles of Public International Law
Example:
i. sovereigns and other chiefs of state
ii. Ambassadors, ministers plenipotentiary, minister resident and
charges d’affaires
(BUT consuls, vice-consuls and other foreign commercial
representatives CANNOT claim the privileges and immunities
accorded to ambassadors and ministers.).”

d. Also excepted under the law of generality are Members of

the Congress who are not liable for libel or slander with any
speech in Congress or congressional committee
TERRITORIAL – penal laws of the Philippines are enforceable only
within its territory. It cannot penalize crimes committed outside the
same (Intraterritorial application)

Exceptions: (Art. 2 of RPC – binding even on crimes committed

outside the Philippines) (Extraterritorial application)
a. offense committed while on a Philippine ship or airship
b. forging or counterfeiting any coin or currency note of the Philippines
or obligations and the securities issued by the Government
c. introduction into the country of the above-mentioned obligations and
securities
d. while being public officers and employees, an offense committed in
the exercise of their functions
e. crimes against national security and the law of the nations defined
in Title One of Book Two
PROSPECTIVE (IRRETROSPECTIVITY) – the law does not have
any retroactive effect. Acts or omissions will only be subject to a
penal law if they are committed AFTER a penal law had already
taken effect.
Vice versa, this act or omission which has been committed
before the effectivity of a penal law could not be penalized by such
penal law because penal laws operate only prospectively.
Exception: when the law is favorable to the accused
Exceptions to the Exception:
a. The new law is expressly made inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal
CRIMINAL
 THE CRIMINAL
On the basis of the definition of crime, a criminal may be
defined in three ways:
Legal Definition: A person who committed a crime and has been
convicted by a court of the violation of a criminal law.

Social Definition: A person who violated a social norm or one

who did an anti-social act.

Psychological Definition: A person who violated rules of

conduct due to behavioral maladjustment.
 Criminological Classification of
Criminals
Based on Etiology
Acute Criminal is one who violates a criminal law because of
the impulse or fit of passion. They commit passionate crimes.
Chronic Criminal is one who commits crime acted in
consonance of deliberated thinking. He plans the crime ahead of
time. They are the targeted offenders.

1. Neurotic criminal – is one who has mental disorder.

2. Normal criminal – a person who commits crimes because he
looks up to and idolizes people who are criminals.
Based on Behavioral System

Ordinary Criminal is considered the lowest form of criminal in a

criminal career. He doesn’t stick to crime as a profession but rather
pushed to commit crimes due to great opportunity. criminal who
engages in crimes which do not require specialized or technical skill.

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. Is one who possesses some skills and know-how which enable
him to commit crimes. Force violence intimidation and bribery are use to
gain and maintain control over economic activities.

Professional Criminal is a person who is engaged in criminal activities

with high degree of skill. He is usually one who practices crime as a
profession to maintain a living.
Based on Activities

Professional Criminals are those who practice crime as a

profession for a living. Criminal activity is constant in order to
earn skill and develop ability in their commission.

Accidental Criminals are those who commit crimes when the

situation is conducive to its commission. Those who commit
criminal acts as a result of unanticipated circumstances.

Habitual Criminals are those who continue to commit crime because

of deficiency of intelligence and lack of self – control.

Situational criminal – a person who got involved in criminal act

because the situation presented itself.
Based on Mental Attitudes

Active Criminals are those who commit crimes due to

aggressiveness. Such attitude is clearly shown in crimes of
passion, revenge and resentments.

Passive Inadequate Criminals are those who commit crimes

because they are pushed to it by reward or promise without
considering its consequences. They are called “ulukan”

Socialized Delinquents are criminals who are normal in

behavior but defective in their socialization process or
development. To this group belongs the educated respectable
members of society who may turn criminals on account of the
situation they are involved.
Based on Legal Classification

Habitual Delinquent
Is a person who, with in a period of ten years from the
date of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, estafa, or falsification,
is found guilty of any of the said crimes or a third time oftener.

Recidivist
Is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime
embraced in the same title of the Revised Penal Code.
 THE DELINQUENT PERSON
A delinquent person is one who repeatedly commits an
act that is against the norms or mores observed by the society.
When a person habitually commits an act that is not in
accordance with the rules or policies of a community where
he belongs, he is considered a delinquent.
 DISTINCTION OF CRIMINAL AND
DELINQUENT
A CRIMINAL is a person who has violated the penal law and
has been found guilty of crime charges upon observing of the standard
judicial procedure while DELINQUENT is a person who merely
committed an act not in conformity with norms of society.

EXAMPLES OF DELINQUENCY:
1. waywardness of children
2. Street corner gang
3. Children out of parental control
4. school dropouts without justifiable reasons
CRIMINAL
BEHAVIOR/
CRIMINAL
ETIOLOGY
 CRIMINAL BEHAVIOR/CRIMINAL
ETIOLOGY
Criminal behavior may also refer to the study of the
human conduct focused on the mental processes of the
criminal: the way he behaves or acts including his activities and
the causes and influences if his criminal behavior.
 TYPES OF EXPLANATION TO CRIMINAL
BEHAVIOR
1. SINGLE/UNITARY THEORY – contends that crime is
produced by one factor. It may be biological, sociological, or
psychological.
2. MULTIPLE FACTOR THEORY – views that crime is not a
product of a single cause or factor but a combination of several
factors.
3. ECLECTIC THEORY – That crime stemmed by one or more
factors while in other instances it is caused by another set of
factors.
4. INTEGRATED THEORY – A theory that combines two or
more theories to generate a single model or framework
 FACTORS THAT ENHANCES THE
DEVELOPMENT OF CRIMINAL BEHAVIOR SUCH
AS:
a. Criminal Demography – study of the relationship between criminality
and population.
b.Criminal Epidemiology – study of the relationship between
environment and the criminality.
c. Criminal Ecology – study of criminality in relation to spatial
distribution in the 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;
and
g.Victimology – study of the role of the victim in the commission of a
crime.
VICTIMOLOGY
 VICTIMOLOGY
Is simply the study of victims of crimes and contributory
role, if any, in crime causation. It is also the scientific process
of gaining substantial amounts of knowledge on offender
characteristics by studying the nature of victims.
(Schmalleger, 1997).
 WHAT IS THE CRIMINAL JUSTICE
SYSTEM?
The Criminal Justice System (CJS) is the machinery which
society uses in the prevention and control of crime. The
process is the totality of the activities of law enforcers,
prosecutors, defense lawyers, judges and corrections personnel,
as well as those of the mobilized community in crime prevention
and control.
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
FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
 JUSTICE
‘Justice’ was once ‘justitia’ an Old French word that
descended from Latin to mean ‘righteousness and equity’. A
similar word from the same Latin root was ‘justus’ meaning
‘upright, and just’. When ‘justitia’ was adopted into Old English it
was extremely simplified. From the original Old French meanings
that included, ‘uprightness, equity, vindication of right, court of
justice, and judge’, Old English adopted the word only as a title for a
judicial officer

DEFINITION OF JUSTICE?
Justice is the act of rendering what are due and treating
persons equally.
 WHAT ARE THE MAJOR
COMPONENTS OF THE CJS?
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
LAW ENFORCEMENT
PROSECUTION
COURTS
CORRECTIONS
COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

LAW ENFORCEMENT
COURTS
CORRECTIONS
 WHAT ARE THE FUNCTIONS OF THE
MAJOR COMPONENTS OF THE CJS?
• To prevent and control the commission of crime;
• To enforce the law;
• To safeguard lives, individual rights, and properties;
• To investigate, apprehend, prosecute and sentence those who
violated the rules of society; and,
• To rehabilitate the convicts and reintegrate them into the
community as law-abiding citizens.
GOALS OF CJS
Prevention of crime.
Protect members of society against crime
Maintain peace and order
Suppression of criminality
Review the legality of existing rules and regulations
Rehabilitation and reformation of offenders.
 CRIMINOLOGY AND CRIMINAL JUSTICE SYSTEM
Criminology
Tends to focus on the determination and
development of principles, concepts, and
theories of crime causation
Explains the etiology (origin), extent and nature
of crime in the society
Tends to focus on research
Criminologist are concerned with identifying the
nature, extent and causes of crime
Criminal justice system
Tends to focus on the legal process on how to
deal with criminal offender
Studies the agencies of social control that
handles criminal offenders
Tends to focus on the application, public law,
public policy, and decision making, and career
development
Criminal justice professionals are engage in
describing, analyzing and explaining the
operations of agencies ( the 5 components of
CJS). They seek more effective methods of
crime control and offender rehabilitation
 PENOLOGY
It 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.
The term is derived from the Latin word “POENA” which
means pain or suffering and “POENALIS” which means
punishment.
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.
Penology has stood in the past and, for the most part, still
stands for the policy of inflicting punishment on the offender
as a consequence of his wrongdoing
 PURPOSES/JUSTIFICATIONS OF
PUNISHMENT
1. Retribution (PERSONAL VENGEANCE/ REVENGE)– the
punishment should be provided by the state whose sanction is violated to
afford the society or the individual the opportunity of imposing
upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group
vengeance where the purpose is to appease the offended public or
group.
3. Deterrence – punishment gives lesson to the offender by showing
to others what would happen to them if they violate the law. Punishment
is imposed to warn potential offenders that they cannot afford to do what
the offender has done.
4. Incapacitation and Protection – the public will be protected if
the offender has been held in conditions where he cannot harm
others especially the public. Punishment is effected by placing
offenders in prison so that society will be ensured from further
criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the
usefulness and responsibility of the offender. Society’s interest
can be better served by helping the prisoner to become law
abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of
rehabilitation in prison.
 ANCIENT FORMS OF PUNISHMENT:
1. Death Penalty / Capital Punishment – Affected by burning, beheading,
hanging, breaking at the wheels, pillory and other forms of medieval
executions.
DEATH CONVICT- This refers to an inmate were death
penalty/sentence imposed by the Regional Trial Court is affirmed by the
Supreme Court.

2. Physical Torture / Corporal Punishment– It is affected by maiming,

mutilation, whipping and other inhumane or barbaric forms of inflicting pain.
CORPORAL PUNISHMENT – It is the infliction of physical pain as a
form of punishment.
3. Social Degradation – The act of putting the offender into
shame or humiliation.

4. Banishment or Exile / ostracism / outlawry – The sending or

putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an
island to where the offender has been removed.
- Presently known as Destierro
THE AGE OF ENLIGHTENMENT / AGE
OF REASON
18th Century is a century of change. It is the period of
recognizing human dignity. It is the movement of reformation,
the period of introduction of certain reforms in the correctional
field by a certain person, gradually changing the old positive
philosophy of punishment to a more humane treatment of
prisoners with innovational programs.

GOLDEN AGE OF PENOLOGY – 1870 – 1880

 JURIDICAL CONDITIONS (LEGAL
REQUISITES) OF PENALTY
Punishment must be:
1. Productive of suffering – without however affecting the integrity of
the human personality.
2. Commensurate with the offense – different crimes must be
punished with different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – applicable for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-
abiding citizens.
 Contemporary Forms of Punishment:
1. Imprisonment / isolation / incarceration / commitment /
incapacitation– putting the offender in prison for the purpose of protecting
the public against criminal activities and at the same time rehabilitating the
prisoners by requiring them to undergo institutional treatment programs.
2. Parole - a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an
offense, the penalty of which does not exceed six years imprisonment, is
released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
4. Fine – a pecuniary amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.
 Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals that
the punishment they face is certain, swift, and severe so that they will be afraid
to commit an offense.

2. Specific Deterrence - convincing offenders that the pains of punishment is

greater than the benefits of crime so they will not repeat their criminal
offending

3. Incapacitation - if dangerous criminals are kept behind bars, they will not
be able to repeat their illegal activities.

4. Retribution/Just Desert - punishment should be no more or less than the

offenders actions deserve, it must be based on how blameworthy the person is
5. Equity/Restitution - convicted criminals must pay back their victims
for their loss, the justice system for the costs of processing their case and
society for any disruption they may have caused.

6. Rehabilitation - if the proper treatment is applied, an offender will

present no further threat to society

7. Diversion - criminals are diverted into a community correctional

program for treatment to avoid stigma of incarceration. The convicted
offender might be asked to make payments to the crime victim or
participate in community based program that features counseling.

8. Restorative Justice - repairs injuries suffered by the victim and the

community while insuring reintegration of the offender. Turn the justice
system into a healing process rather than a distributor of retribution and
revenge.
 IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO.
11131, OTHERWISE KNOWN AS "AN ACT
REGULATING THE PRACTICE OF
CRIMINOLOGY PROFESSION IN THE
PHILIPPINES, AND APPROPRIATING
FUNDS THEREFOR, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 6506,
OTHERWISE KNOWN AS AN ACT
CREATING THE BOARD OF EXAMINERS
FOR CRIMINOLOGISTS IN THE
PHILIPPINES"
 RULE I
TITLE, STATEMENT OF POLICY, OBJECTIVES,
DEFINITION OF TERMS AND SCOPE OF PRACTICE
SECTION 1. Title. —This Resolution shall be known as the Implementing
Rules and Regulations (IRR) of Republic Act No. 11131 entitled "The
Philippine Criminology Profession Act of 2018".
SECTION 2. Statement of Policy. — The State recognizes the importance
of criminology profession in national security, public safety, peace and
order, and in nation-building and development. Hence, it shall develop and
nurture competent, virtuous, productive and well-rounded criminologists
whose standards of professional practice and service shall be excellent,
qualitative, world-class and globally competitive through sacred, honest,
effective and credible licensure examinations, coupled with programs and
activities that would promote professional growth and development. This
IRR of RA No. 11131 shall be interpreted, construed and carried out in the
light of the Statement of Policy enshrined in Section 2, Article I of RA No.
11131.
SECTION 3. Objectives. — This Act shall govern:

(a) The examination, registration and licensure for criminologists;

(b) The supervision, control and regulation of the practice of
criminology;
(c) The participation in the standardization of the criminology
education program;
(d) The development of the professional competence of criminologists
through Continuing Professional Development (CPD); and
e) The integration of all criminology professional groups and
membership of all registered criminologists to the accredited
professional organization.
SECTION 4. Definition of Terms. — As used in this
IRR, the following terms shall be defined as follows:
(a) AIPO refers to the one and only recognized and accredited
integrated national organization of criminologists, as endorsed by the
Professional Regulatory Board subject to the approval of the Professional
Regulation Commission (PRC). For purposes of implementing RA No.
11131, AIPO shall be referred to as the Accredited Integrated Professional
Organization (AIPO) for the criminology profession;
(b) Board refers to the Professional Regulatory Board of Criminology
created hereunder;
(c) Certificate of Registration refers to the document issued by the
Commission, through the Board, signifying that the person named
therein is entitled to practice the criminology profession with all the
privileges appurtenant thereto;
(d) CHED refers to the Commission on Higher Education (CHED)
created under RA No. 7722, otherwise known as "Higher
Education Act of 1994";
(e) Code of Ethics refers to the set of moral and ethical principles
that all registered Criminologists must abide by as they practice
the profession.
(f) Code of Good Governance for the Practice of Criminology
refers to the formal outlines of the mission, vision, and ideals of
Filipino criminologists. It also governs the criminologists' conduct
towards the state, the public, the profession and fellow
professionals.
(g) Commission refers to Professional Regulation Commission
created under Republic Act No. 8981, otherwise known as the
"PRC Modernization Act of 2000";
(h) Continuing Professional Development (CPD) refers to the
attainment of advanced knowledge, skills and ethical values in
a post-licensure specialization or in an inter-or multidisciplinary
field of study, for assimilation into professional practice, self-
directed research and/or lifelong learning.
(i) Criminology refers to the scientific study of crimes,
criminals, victims and criminal behavior. It also deals with
the prevention, and solution of crimes;
(j) Foreign Reciprocity refers to Sections 14 (a) and 29 of this
IRR which provide that only nationals of foreign countries in
which the requirements for the licensure examination and/or
registration and practice of criminology are substantially the
same as those required and contemplated by the Philippine
laws and regulations, and which laws and regulations allow
Philippine citizens to practice criminology within the
territory of such foreign countries on the same basis and
grant the same privileges as those enjoyed by their citizens,
subjects or nationals shall be allowed to take the Philippine
Criminologists licensure examination and be given CORs
and PICs pursuant to R. A. No. 11131;
(k) Law Enforcement refers to the component of internal or
homeland security of the Philippines charged with the mandate
to enforce, investigate, and participate as important agents in
the prosecution of violations of criminal local laws, including
international laws duly adopted as part of the law of the land under
the Constitution.
(I) National Security refers to the dynamics and interplay of the
political, economic, socio-cultural, techno-scientific, environmental,
and military to attain and maintain a condition where the
sovereignty of the nation, the territorial integrity of the state, the
government and its instrumentalities, and the welfare of the people
are secured, advanced, nurtured, and protected.
(m) Profession refers to the art and science in the practice of
criminology discipline;
(n) Professional Identification Card refers to the document bearing
the registration number, dates of issuance and expiry, duly signed
by the Commission Chairperson;
(o) Professional or Component Subjects on Criminology refer to the
component subjects per area as provided under Section 15 of this
IRR and subject to the conditions as may be provided therefor or by
the Board.
(p) Public Safety refers to the protection of the homeland which
includes law enforcement and policing, criminal justice system,
protection and safeguard of lives and properties, customs and
immigration, maritime sea and border protection, health, environment
and ecosystem, public safety and civil defense.
(q) Quasi-police Functions refers to activities of law enforcement
agencies and its agents which does not directly involve
enforcement or investigation of violations of criminal laws. This
is also referred to as order maintenance or community services.
(r) Registered criminologist refers to a natural person who holds
a valid Certificate of Registration (COR) and an updated
Professional Identification Card (PIC) as criminologist issued
by the Board and the Commission pursuant to RA No. 11131.
(s) Report of Rating refers to the document stating the rating
obtained by the examinee in the licensure examination;
(t) Tables of Specification (TOS) refers to the list of outcomes-
based competencies which the licensure examination measures
and assesses; and
(u) Temporary/Special Permit refers to privilege granted to
registered Criminologists from other countries and for
Filipinos in allied discipline as mentioned in Section 30 of this
IRR to be able to practice in the Philippines;
SECTION 5. Scope of Practice. — The practice of criminology
shall include, but shall not be limited to, acts or activities
performed:
(a) In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law enforcement
and quasi-police functions at the Philippine National Police (PNP), the National
Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency
(PDEA), the Bureau of Fire Protection (BFP), the Bureau of Jail Management
and Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR),
the Probation and Parole Administration (PPA), the Bureau of Internal Revenue
(BIR), the Bureau of Customs (BoC), the Bangko Sentral ng Pilipinas (BSP),
other government and private banks, the Philippine Postal Corporation (PPC),
the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the
National Intelligence Coordinating Agency (NICA), the Intelligence Service of
the Armed Forces of the Philippines (ISAFP), and agencies of the government
exercising similarly related functions in the field of national security, public
safety, and peace and order;
(b) In line with the practice of teaching profession such as those
performed by a professor, instructor or teacher in any university,
college or school duly recognized by the government on any of the
following professional and component subjects of the criminology
program:
(1) Criminal Jurisprudence and Procedure;
(2) Criminalistics;
(3) Law Enforcement Administration;
(4) Crime Detection and Investigation;
(5) Correctional Administration; and
(6) Criminal Sociology and Ethics, and other technical and specialized
subjects in the criminology curriculum provided by the CHED;
(c) As a technician, examiner/criminalist, or specialist in dactyloscopy,
questioned document, deoxyribonucleic acid (DNA), lie detection,
firearms identification, forensic photography, forensic chemistry, other
scientific crime detection and investigation or forensic science;
(d) As a correctional administrator, executive, supervisor, or officer in
any rehabilitation, correctional, and penal institution or facility, and in any
communitybased corrections, and rehabilitation agencies and/or
programs;
(e) As a counselor, consultant, adviser or researcher in any
government or private agency on any aspect of criminological
research or project involving the causes of crime, children in conflict with
the law, treatment and correction of persons deprived of liberty (PDL),
police operation, law enforcement administration, scientific criminal
investigation or public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or
detective in any private security and investigation agency organized
under the laws of the Philippines.
 RULE II
PROFESSIONAL REGULATORY BOARD FOR
CRIMINOLOGISTS
SECTION 6. Creation and Composition of the Professional
Regulatory Board for Criminologists. — There is hereby
created a Professional Regulatory Board for Criminologists, a
collegial body under the administrative supervision and control of
the Commission, to be composed of a chairperson and four
(4) members appointed by the President of the Philippines
from a list of three (3) recommendees for each position,
chosen and ranked by the Commission from a list of three (3)
nominees for every position endorsed by the AIPO. The new
Board shall be organized not later than six (6) months from the
effectivity of RA No. 11131.
 SECTION 7. Qualification of the Chairperson and Members of the
Board. — The chairperson and each member shall, at the time of
their appointment, possess all these
qualifications:

(a) Must be a natural-born Filipino citizen and a resident of the

Philippines;
(b) Must be of good moral character, good reputation and of sound mind and
body;
(c) Not convicted by a court of competent jurisdiction of any offense involving
moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology, and a
holder of a Post Graduate Degree in Criminology from any reputable
school recognized by the CHED or a criminologist-lawyer in good standing
before the Supreme Court and the Integrated Bar of the Philippines (IBP);
(e) Must be a registered criminologist with a valid certificate of
registration and a valid professional identification card, having at
least ten (10) years of practice in the profession prior to the
appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time
capacity in any college of criminology, college of law or law
enforcement training institutions recognized by relevant government
agency;
(f) Must be a member in good standing of the AIPO but not an
officer or trustee thereof; and
(g) Must not be a member of the faculty of any school, college or
university where a regular class or review course in criminology
is offered, nor a member of the staff of reviewers in a review
school or center for criminologists, and must not have any direct
or indirect pecuniary interest in any such institution.
SECTION 8. Term of Office. — The chairperson and members of
the Board shall hold office for a term of three (3) years from the
date of appointment or until their successors shall have been
qualified and appointed. They may be reappointed to the same
office for another term of three (3) years immediately after the
expiry of their term: Provided, That the holding of such position
shall not be more than two (2) terms nor more than six (6)
years, whichever is longer: Provided, further, That the first Board
under this Act shall hold these terms of office: the chairperson for
three (3) years, the first two (2) members for two (2) years, and the
second (2) members for one (1) year: Provided, finally, That any
appointee to a vacancy with an unexpired period shall only serve
such period. The chairperson and the members shall duly take
their oath of office.
 RULE III
EXAMINATION, REGISTRATION, CERTIFICATION AND
LICENSURE

SECTION 13. Passing of Licensure Examination

Requirements. - Except as otherwise specifically allowed under
RA No. 11131, applicants for registration for the practice of
criminology shall be required to pass a licensure examination in
such places and dates as the Commission may designate
through a Resolution on the Master Schedules for all Licensure
Examinations in accordance with Section 7(d) of RA No. 8981.
SECTION 14. Qualification of an Applicant for the Licensure
Examination. — An applicant for the licensure examination for
criminologist shall satisfactorily prove that one possesses the
following qualifications:

(a) Must be a citizen of the Republic of the Philippines or a

foreign citizen whose country/state has reciprocity with the
Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of
sound mind and body certified by the school where he/she
graduated and the barangay where he/she lives, unless the
examinee is a foreign national a certification from any professional
criminologist of good standing will do;
(c) Must hold a bachelor's degree in criminology duly
accredited by the CHED and conferred by a
school/college/university duly authorized by the government or its
equivalent programs as approved by the PRB obtained by either
a Filipino or foreign citizen from an institution of learning in a
foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
(d) Must not have been convicted of an offense involving
moral turpitude by a court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or
cumulative in the criminologist licensure examination, must
present a certification issued by a reputable institution duly
recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.
Subject to Section 29 on Foreign Reciprocity, foreign nationals
applying to take the Criminologist Licensure Examination shall
submit the following documentary requirements:

(a) Duly authenticated college diploma and transcript of

records issued by foreign HEI.
(b) Certificate of Equivalency from the CHED (if he/she
graduated from a foreign university/school)
(c) Certification of good standing from any professional
criminologist;
SECTION 17. Rating in the Licensure Examination.

To pass the licensure examination for criminologist, a candidate must

obtain a weighted average rating of seventy-five percent (75%) with no grade
less than sixty percent (60%) in any given subject. In case the examinee
obtains a weighted average rating of seventy-five percent (75%) but, has a
grade below sixty percent (60%) in any of the subjects, the results of the
examination shall be deferred, and the examinee shall be required to retake
that particular subject/s. The deferred examinee shall only be allowed to
retake once within two (2) years from the date of the examination and shall
be required to obtain a grade not lower than eighty percent (80%) on the
subject/s to be considered to have passed the licensure examination. If the
examinee failed to retake after the lapse of two (2) years or failed to get
the passing mark of eighty percent (80%), the examinee shall retake all
the board subjects. Any examinee who failed three (3) or more board
subjects shall be deemed to have failed the board examination. This Section
shall take effect beginning the second examination to be held in the year 2022
which will coincide with the first graduates of CHED Memorandum Order No. 5,
series of 2018, the revised Criminology curriculum.
 RULE IV
PRACTICE OF CRIMINOLOGY
SECTION 27. Lawful Practitioners of Criminology. — The
following persons shall be authorized to practice the criminology
profession:
(a) Natural persons;
(1) Duly registered criminologists and holders of valid certificates
of registration and valid professional identification cards issued
by the Board and the Commission pursuant to RA No. 11131.
(b) Juridical persons;
(1) Single proprietorship whose owner and technical staff are registered
criminologists;
(2) Partnership duly registered with the Securities and Exchange
Commission (SEC) as professional partnership pursuant to the Civil
Code and composed of partners majority of whom are registered
criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice
of criminology and with officers and Board of Directors whom are all
registered criminologists; and
(4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of the
officers, Board of Trustees and members are registered criminologists.
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon. The
Board shall issue a separate guideline to implement this provision.
SECTION 30. Practice Through Temporary/Special
Permit.

Temporary/Special permit may be issued by the Board

subject to the approval by the Commission and payment of
fees the latter has prescribed and charged thereof to the
following:
(a) Registered criminologists from foreign countries/states
whose services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or
experts in any branch, specialty or allied field of
criminology; and
(2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the
promotion or advancement of the practice of criminology through
transfer of technology;
(b) Registered criminologists from foreign countries/states whose
services shall be free and limited to indigent clients or for
research purposes; and
(c) Registered criminologists from foreign countries/states employed
as exchange professors in a branch, specialty or allied field of
criminology, in schools, colleges or universities offering the course of
criminology.
(d) Filipino professionals in allied disciplines who intend to teach in
PHEI offering criminology program and in review centers for
criminology licensure examination subject to the conditions as
stated in section 16 of this IRR.
The permit shall, among other things, contain the following
limitations and conditions:
(1) its validity must be for a period coterminous with the
contract or engagement but not exceeding one (1) year
subject to renewal;
(2) the branch or specialty of criminology; and
(3) specific place of practice such as national security, public
safety, law enforcement agencies, center, school, college or
university offering the program or review of criminology. The
Board, subject to the approval of the Commission, shall
promulgate rules and regulations on the implementation of this
particular section.
 SECTION 37. Penal Clause.
A fine of not less than One hundred thousand pesos
(P100,000.00) nor more than Five hundred thousand pesos
(P500,000.00), or imprisonment for not less than two (2) years
and one (1) day or more than six (6) years, or both, at the
discretion of the court shall be imposed upon any person who
shall commit any of the following acts:
(a) Practicing criminology as stated in Section 5 of RA 11131
without valid COR and a valid PIC or a valid temporary/special
permit;
(b) Attempting to use the seal, COR and PIC of a registered
criminologist or temporary/special permit issued to a foreign
criminologist;
(c) Abetting the illegal practice of criminology by an
unregistered or unauthorized person;
(d) Securing through false information or fraudulent means
certificate of registration and professional identification card
or temporary/special permit;
(e) Impersonating a registered criminologist or a holder of a
temporary/special permit; and
(f) Violating any provision of RA No. 11131 or this IRR. Where the
violator is a juridical person, the Board of Directors and other
responsible officers of the corporation shall be held liable.
 CRIME STATISTICS
- It refers to the measure of the level or amount of crimes.
-The collection or study of numerical data of crimes
recorded/reported to the police.
-It uses the terms index crimes and non-index crimes in
classifying crimes.
Index crimes are crimes which are sufficiently significant
and which occur with sufficient regularity to be meaningful such
as murder, homicide, physical injury, robbery, theft and rape.
Non-index crimes are crimes that are not classified as
index crimes. Violations of special laws and other crimes against
moral and order. These crimes are generated from the result of
positive police-initiated operations.
 STATISTICAL FORMULA:
1. Crime Solution Efficiency (CSE) – percentage of solved cases out of
the total number of reported crime incidents handled by the police for
a given period of time. It is a general measure of law enforcement
agency’s investigative capability or efficiency
2. Crime Rate – the number of incidents in a given period of time for
every 100,000 inhabitants of an area/place.
Average Monthly Crime Rate (AMCR) – the average number of crime
incidents occurred per month for every 100, 000 inhabitants in a
certain area.
4. Variance (or % change) – one way of analyzing crime trends. It
measures the percentage change over a given period of time.
Crime Analysis
a. Percentage Share of Crime Volume of a Certain Area
Percentage Share of the Occurrence of a Type of Crime
 -END-
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LISTENING FUTURE
REGISTERED
CRIMINOLOGISTS!!