B. Crim Soc Terminologies PDF

CSC-Antipolo City Pride/What Criminologist Knows?
/2016
What Criminologist Knows?

CRIMINAL SOCIOLOGY WITH
ETHICS AND VALUES
Culled by: Charlemagne James P. Ramos R.C., J.D.
FUNDAMENTALS OF
CRIMINOLOGY
1 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

J.D./2016
CSC-Antipolo City Pride/What Criminologist Knows?/2016
Definition of Terms
ACCIDENTAL CRIMINALS – are those persons who unintentionally commit criminal acts as
a result of unanticipated circumstances.
ACQUINTANCE RAPE- Forcible sex in which the offender and the victim are familiar with
one another.
ACQUINTANCE ROBBERY- The act of taking personal property belonging to people known
to the thief.
ACQUISITIVE CRIME- Is a crime wherein the offender acquires something as a consequence
of his criminal act.
ACTIVE AGGRESSIVE CRIMINAL- Refers to those who commit crimes in an impulsive
manner usually due to aggressive behavior of the offender.
ACTIVE PRECIPITATION- The analysis that the source of many criminal occurrences is the
provocative or aggressive behavior of the offended party.
ACTUS REUS- An affirmative or failure to do act. It is an unlawful act.
ACUTE CRIMINAL- Are persons who violated criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy.
ADOLESCENT – LIMITED OFFENDER – Law violators who pursue the regular criminal
path, wherein their anti-social behavior is at the highest during adolescence and diminishes as
the grow in age.
ADOLPHE QUETELET – A Belgian mathematician who started the ―Cartographical School
of Criminology‖ wherein statistical data and demographic information were used as basis to
determine the relation between social phenomena and crime.
ANOMIE – A condition which is a direct result of total disregard for norms and rules due to
rapid changes to moral values.
ANTHROPOMETRY – The attempt to obtain character traits by measuring the human body.
Anthropometrical approaches to criminality include Lombroso‘s measurement of atavistic
stigmata, and sheldon‘s measurement of general physique, or ―somatotype.‖
APPLIED CRIMINOLOGY – refers to the art of creating typologies, classifications,
predictions, and especially profiles of criminal offenders, their personalities and behavior
patterns.
AROUSAL THEORY - Often associated with violence and aggression, it is a standpoint of
crime which suggests that individuals with high stimulation level seek powerful motiva tion in
their environment to maintain an optimal level of arousal.
ASTHENIC TYPE - Persons whose body type are skinny and slender.
ATAVISM – Reservation of man to the physical characteristics his apelike ancestors.
ATAVISTICS ANOMALIES - It refers to those physical characteristics as studied by
Lombroso, which distinguish born criminals from other members of the general population
and are throwbacks to primitive people. Most individuals evolve, some devolve, becoming
primitive or ―atavistic‖. These evolutionary ―throwbacks‖ are ―born criminals,‖ the most
violent criminals in society. Born criminals could be identified through their atavistic
stigmata.
ATHLETIC TYPE – Persons who are muscular and strong in physique.
AUGUSTE COMTE – (1798-1857) – Renowned as the ―Father of Sociology‖, he applied
scientific methods in the study of societies.
AUTHORITY CONFLICT PATHWAY – The route to a criminal career that starts with early
intractable and stubborn behavior and particular defiance of parents, elders and figures of
authorities.
BALLISTICS – Study of firearms and bullet.
BATTERY – A physical show aggression that includes hitting, slapping, punching, kicking or
other offensive contact with the victim.

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BIAS CRIMES – Also known as hate crimes, it refers to violent acts directed against a
particular member of a group due to the victim‘s ethnic, racial, religious or gender
characteristics.
B I O L O G I C A L DETERMINISM – A view that crimogenic traits may be acquired
through indirect heredity from a degenerate family member, who suffered from alcoholism,
insanity syphilis or through direct heredity from relatives who are known criminals.
BIOSOCIAL THEORY – An development to criminology that spotlight on the relationship and
interaction biological and social factors as they relate to crime.
BLUE COLLAR CRIMES – Are those crimes committed by ordinary professional criminal to
maintain their livelihood.
BOOSTER – A shoplifter with the intention of reselling his stolen merchandise.
BOT – An old English rule, which refers to restitution paid for killing someone in an open fight,
similar to blood-money.
CARTOGRAPHIC SCHOOL OF CRIMINOLY – This advance in criminology relies on
statistics which provides important demographic information on population including density,
gender, religious, affiliations and economic standing. Developed in Europe in the early 19th
century, this view the relationship between crime and social phenomena as a focal point and
basis in probing criminology.
CELERITY – Swiftness. Beccaria argues that in order to be an effective deterrent, punishments
must possess celerity. A punishments that occurs quickly after the crime helps to form a
strong connection between the punishments and the crime in the minds of the general public,
so that whenever a citizen contemplates a criminal act, he will instantly recall the punishments
and weigh it into his deliberation.
CEREBROTONIC – Introvert person full of functional complaints, allergies skin troubles,
chronic fatique, sensitive skin and to noise; and shrink from crowd.
CERTAINTY – According to Beccaria, a punishment must be certain to follow from the crime
in order to be an effective deterrent.The greater the extent to which a would-be offender thinks
that she can get away with a crime, the less she will weigh the punishment into her
deliberation of whether or not to commit the crime.
CESARE BECARRIA – Most notable advocate of Classical Criminology, he theorized that
people want to achieve pleasure and avoid pain, and that free will leads them to choose
between criminal or legitimate solution to meet and satisfy their needs. To control unlawful
behavior there is a need for severe, certain and swift punishment.
CESARE LOMBROSO – (1835-1909) – Known as the ―Father of Criminology‖, he was a
doctor who served much of his career in the Italian army. He was the most ardent proponent
of Positive Criminology which focuses more on biological determinism and criminal
anthropology.
CHICAGO SCHOOL – Refers to urban sociologist view and analysis of the relation between
crime and environmental conditions.
CHIVALRY HYPOTHESIS – The suggestions that law female crime and delinquency rate are
a indication of the leniency and compassion with which law enforcers treat female offenders.
CHRONIC CRIMINAL – Are persons who commit crimes and acted in consonance with
deliberate thinking.
CHRONIC VICTIMAZATION – Refers to crime victims maintain a significantly higher
probability of being future targets of crimes due to their personal characteristics that makes
them magnets for crimes. Also known as repeat victims.
CHURNING – A white-collar crime which involves a broker making repeated trades to increase
commission.
C L A S S I C A L CRIMINOLOGY – A theory which advocate that people have free will to
choose between normal or criminal conduct and behavior; that crimes are committed for greed
or personal need and satisfaction and crime can be controlled by fear of criminal punishment
and sanctions.

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CLOSURE – Refers to people from middle class background having no or little identification
with criminal sub-culture but cash bouncing checks for an immediate financial resolution of a
crisis.
COGNITIVE THEORY – Refers to the study of perception of reality and of mental processes
required to understand the world we live in.
COHORT – Refers to the study of subjects whose behavior is followed and tracked over a
period of time.
COMMERCIAL THEFT – Refers to business theft that is part of criminal laws without such
decrees free enterprise system could not survive.
COMPLEX CRIMES – A single act constitutes two or more grave felonies or when an offense
is a necessary means for committing the other offenses.
CONCENTRATION EFFECT – Refers to poverty areas or ghettos, which results from the flee
of the working and middle class families from the inner cities in urban areas.
CONFFIDENCE GAMES – A type of swindling operations involving get rich quick schemes,
usually with illegal overtones which prevent victims from reporting said incident to law
enforcement authorities.
CONFLICT CRIMINOLGY – Inspired by the writings of Carl Max, it states that economic
and political forces are significant factors to the commission of crimes. And that crime is a
function of competition for limited resources and power, class conflict would result to crimes.
C O N S T I T U T I O N A L THEORIES – Philosophies such as Lombroso‘s or Sheldon‘s
that locate the origins of criminality in a person‘s biological make-up. Refers to one‘s physical
constitution.
INTRODUCTION AND HISTORICAL SETTING
Criminology, Defined:
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.
CRIMINOLOGY is also 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.
a. Sociology – (Sociological Criminology) – the study of crime focused on the group of

people and society as a whole.
b. Psychology - (Psychological Criminology) – the science of behavior and mental processes
of the criminal.
c. Psychiatry – (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.
Scope and Divisions of the Study of Criminology

Criminology is a broad field of study of crimes and criminals. Its scope is categorized
into the following studies:
a. The Making Of Laws – this pertains to the examination of the nature and structure of laws in
the society which could be analyzed scientifically, systematically and exhaustively to learn
crime causation and eventually help fight them.
b. The Breaking of Laws – this pertains to the examination of the reasons of crime causation
which primarily deals to answer issues why 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

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necessarily bring light to the development of modern measures to treat criminal offenders at
the same time the reaction maybe contributory to criminality.
PRINCIPAL DIVISION OF CRIMINOLOGY

1. Criminal Behavior or Criminal Etiology – is an attempt at scientific analysis of the causes
of crime.
2. Sociology of Law – the study of law and its application.
3. Penology or Correction – the study that deals with punishment and the treatment of
criminals.
4. Criminalistics or Forensic Science – one more area of concern in crime detection and
investigation.
Importance of Studying Criminology

1. A source of Philosophy of Life
2. A background for a profession or for social service.
3. Because criminals are legitimate objects of interest.
4. Because crime is a costly problem.
Purposes of Studying Criminology

1. The primary aim is to prevent the crime problem.
2. To understand crimes and criminals which are basic to knowing the actions to be done to
prevent them.
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process of law in the
administration of justice.
5. To foster a higher concept of citizenry and leadership together with understanding of one
moral and legal responsibilities to his fellowmen, his community and the nation.
Nature of Criminology:
Note that criminology cannot be considered as a science because it does not yet acquired
universal validity, not stable and homogeneous as it varies from one place to another. However,
criminology is a science when applied to law enforcement and prevention crimes under the
following nature:
1. An Applied Science
2. A Social Science
3. Dynamic
4. Nationalistics
Other Divisions of the Study of Criminology

1) Criminal Ecology – study of criminality in relation to spatial distribution in a community.
2) Criminal Epidemiology – study of the relationship between environment and criminality.
3) Criminal Physical Anthropology – study of criminality in relation between mind and
behavior of criminal.
4) Criminological Research – study of crime correlated with antecedent variables, state of
crime trend.
5) Victimology – study of the role of the victim of crime.
6) Criminological Theories – study of the different theories as the genesis of criminal
behavior.
OBJECT OF INTEREST IN CRIMINOLOGY

The four major object of interest in criminology are Crimes ( criminal acts), Criminals
(perpetrators of crime), Criminal Behavior and Victimology(study of victims).
CRIME defined
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In as much as the definition of crime is concerned, many field of study like law, sociology
and psychology have their respective emphasis on what crime is.
Crime may be defined as:

1. An act or omission in violation of a criminal law. (Legal Viewpoint)
2. An anti-social act; an act that is injurious, detrimental or harmful to the norms of society;
they are the unacceptable acts. (Social Viewpoint)
3. Psychologically, crime is an act, which is considered undesirable due to behavioral
maladjustment of the offender; acts that are caused by maladaptive or abnormal behaviors.
CRIME is also a generic name that refers to offense, felony and delinquency or misdemeanor.
 Offense – is an act or omission that is punishable by special laws.
 Felony – is an act or omission that is punishable by the Revised Penal Code.
 Delinquency / Misdemeanor – acts that are in violation of simple rules and regulations
usually referring to acts committed by minor offenders.
Criminological Classification of Crime:

A. As a result of a crime:
a. Acquisitive – when offender acquires something as a result or consequence of a crime.
b. Extinctive – when the end result is destruction.
B. As to the period of time committed:
a. Seasonal crime – those committed only during a period of time.
b. Situational crime – those committed only when given a situation conducive to its
commission.
C. As to length of time committed:
a. Instant crime – those committed in shortest possible crime.
b. Episoidic Crime – those committed by series of acts in lengthy space of time.
D. As to the place of location of commission:
a. Static crime – those committed only in one place.
b. Continuing crime – those crime committed in several places.
E. As to use of mental faculties:
a. Rational crime – with intention; offender is in full possession of his mental
faculties/capabilities .
b. Irrational crime – committed by one who does not know the nature or quality of his act on
account of disease of mind.
F. As to the type of offender:
a. White collar crime – committed by persons of respectability in the course of their
occupational activity.
b. Blue collar crime – committed by ordinary criminals to maintain their livelihood.
G. As to the Criminal Offender
a. Upper World Crimes – are those committed by individuals belonging to the upper class of
society.
b. Underworld Crimes – are committed by members of the lower or under privilege class of
society.
H. As to the Emotion
a. Crimes by Imitation – are crimes committed by merely duplication of what was done by
others.
b. Crimes by passion – are crimes committed because of the fit of passion or of great
emotions.
I. Service Crimes
Service Crime refers to crimes committed through rendition of a service to satisfy
desire of another.

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LEGAL CLASSIFICATION OF CRIMES OR FELONIES
A. As to the manner crimes are committed:

a. By Means of Dolo or Deceit - when the act was done with deliberated intent.
b. By Means of Culpa or Fault – when the wrongful act results from imprudence, negligence,
lack of foresight or lack of skill.
B. As to the stages in the commission of crimes
a. Attempted crimes- when the offender commences the commission of a felony directly by
overt acts and does not perform all of the acts of execution which could produce the
felony by reason of some causes or accident other than his own spontaneous desistance.
b. Frustrated crimes- - when the offender perform all the acts of execution which will
produce the felony, as a consequence but which nevertheless, do not produce the felony by
reason of causes independent of the will of the perpetrator.
c. Consummated crimes- when all elements necessary for its execution and
accomplishment are all present.
C. As to the plurality of crimes:
a. Simple crimes – when a single act constitutes only one offense.
b. Complex crimes – when a single act constitutes two or more grave felonies or when an
offense is a necessary means for committing the other.
D. As to the gravity of penalty or offense:
a. Grave felonies – those which the law attaches the capital punishment or afflictive penalties.
b. Less grave felonies – those that the law punishes with penalties which are correctional in
nature.
c. Light felonies – those infractions of law for the commission of which the penalty of arresto
mayor or a fine not exceeding 200 pesos are imposed.
E. As to the basis of criminal act
a. Crimes against person
b. Crimes against property
c. Crimes against chastity
d. Crimes against public order
Legal Classification of Crimes

1. Crimes Against National Security and the Law of Nations (Treason, Espionage, etc.)
2. Crimes Against the Fundamental Law of the State (Arbitrary detention, etc.)
3. Crimes Against Public Order (Rebellion, Sedition, etc.)
4. Crimes Against Public Interest (Forgery, Fraud, etc.)
5. Crimes Against Public Morals (Gambling, Vagrancy, etc.)
6. Crime Committed by Public Officers (Malfeasance, Misfeasance, etc.)
7. Crimes Against Person (Murder, Rape, etc.)
8. Crimes Against Properties (Robbery, Theft, etc.)
9. Crimes Against Personal Liberty and Security (Illegal detention, Kidnapping, etc.)
10. Crimes Against Chastity (Concubinage, Adultery, etc.)
11. Crimes Against Civil Status of Persons (Bigamy, illegal marriages)
12. Crimes Against Honor (Libel, Oral Defamation, etc.)
13. Quasi-Offenses or Criminal Negligence (Imprudence, Negligence)
WHEN DOES CRIME EXIST

In the legal viewpoint, crime exists when the court has proved the person guilty. The main
objective to this view in that there is a terrific morality of cases between the times a crime has been
reported up to the time a verdict of conviction is made by the court.
In the scientific point of view, crime exists when it is reported. This is more realistic but not
all reported cases are with sound basis of true happening. some them are also unfounded.
SOME DISTINCTIONS

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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 fixed by statute, while Immorality is not.
3. Crime is nationalistic while immortality is regionalistics.
THE CRIMINAL
On the basis of the definition of crime, a criminal maybe defined in three ways:
1. A person who committed a crime and has been convicted by a court of the violation of a
criminal law. (legal definition)
2. A person who violated a social norm or one who did an anti-social act. (social definition)
3. A person who violated rules of conduct due to behavioral maladjustment. (psychological
definition)
DISTINCTION BETWEEN CRIMINAL AND DELINQUENT
A criminal is a person who has violated the penal law and has been found guilty of the
crime charges upon observing of the standard judicial procedure, while a delinquent is a person
who merely committed an act not in conformity with the norms of the society.
Example of delinquency:
1. waywardness of children
2. Street corner gang
3. Children out of parental control
4. School dropouts without justifiable reasons
CLASSIFICATION OF CRIMINALS
1. Acute criminals – those who violated the laws because of the impulse of the moment fit of
passion or anger or spell of extreme jealousy. They commit passionate crimes.
2. Chronic criminals- those who acted in consonance with deliberated thinking. He plans the
crime ahead of time.
3. Neurotic criminals- are those whose actions arise from intra-psychic conflict behavior
the social and anti- social components of his personally. ex. Kleptomania
4. Normal criminals- person whose psychic organization resemble that the normal individuals
except that they identify themselves with criminal proto type.
5. Ordinary criminals- lowest form of criminal career where they engaged only on
conventional crimes that requires limited skills. They lack organization to avoid
arrest and convictions.
6. Organized criminals- has high degree of organization to enable them to commit crimes
without being detected committed to specialized activities which can be operated in large
business scale.
7. Professional criminals- highly skilled an able to obtain considerable amount of money
without being detected because of organization and contact with other professional
criminals thus escape conviction they specialized in crimes which requires skill games, pick
pocketing, shoplifting and others.
8. Accidental Criminals – those who commit criminal acts as a result of unanticipated
circumstances.

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9. Habitual criminal- those who continue to commit criminal acts for such diverse reasons due
to deficiency of intelligence and lack of self-control.
10. Situational criminal- those who are actually not criminals but constantly in trouble with
legal authorities because they commit robberies, larcenies and embezzlement which are
intermixed with legitimate economic activities.
11. Active aggressive criminals- commit crime in an impulse manner usually due to the
aggressive behavior of the offender. This attitude is clearly shown in crimes of passion,
revenge or resentments.
12. Passive inadequate criminals – those who commit crimes because they are pushed to it by
inducement, be reward or promise without considering its consequences.
13. Socialized Delinquents – those who are normal in their behavior but merely defective in
their socialization processes. To this group belong the educated respectable members of
society who turn on account of the situation they involved.
14. Habitual Delinquent (legal clas.) – is a person who within a period of ten years from the
date of his release or last conviction of the crimes of serious or less serious physical injuries,
robbery, estafa, or falsification, is found guilty of any of the said crimes or a third time
oftener.
15. 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.
CRIMINAL BEHAVIOR
Crime in its legal definition may constitute an intentional act in violation of the criminal law
and penalized by the state a felony, offense or misdemeanor. Criminal behavior, therefore, is an
intentional behavior that violates a criminal code (Bartol, 1995).
Criminal behavior may also refer to the study of the human conduct focused on the mental
processes of the criminal: the way he behaves or acts including his activities and the causes and
influences of his criminal behavior.
THE VICTIM
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. (Schalleger, 1997)
HISTORICAL SETTING OF CRIMINOLOGY
A timeline is hereby presented below for a better portrayal:

THEORY MOTIVE
Demonology Demonic Influence.
(5,000BC-1692AD)
Astrology (3500BC- Zodiac/ Planetary
1630AD) Influence
Theology (1215BC- God‘s Will
Present)
Medicine (3000BC- Natural Illness
Present)
Education (1642- Academic
Present) Underachievement/
Bad Teacher
Psychiatry (1795- Mental Illness
Present)
Psychoanalysis Subconscious
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(1895-Present) guilt/defense
mechanisms
Classical School of Freewill/Reason/He
criminology (1690--) donism
Positive School of Determinism/beyond
Criminology (1840-- control of individual
)
Phrenology (1770- Bumps on head
1875)
Cartography (1800- Geographic
Present) location/Climate
Mental Testing Feeble-
(1895-Present) mindedness/Retardat
ion/Low IQ
Osteopathy (1892- Abnormalities of
Present) bones or joints
Chiropractics (1895- Misalignment of
Present) spines/nerves
Imitation (1843- Mind on mind crowd
1905) influence
Economics (1818- Poverty/economic
Present) need/consumerism
Case Study Emotional/Social
Approach (1909- development
Present)
Social Work (1903- Community/Individu
Present) al Relations
Sociology (1908- Social/Environmenta
Present) l Factors
Castration (1907- Secretion of
1947) androgen from testes
Ecology (1927- Relation of person
Present) with environment
Transexualism Trapped in body of
(1937-1969) wrong sex
Psychosurgery Frontal Lobe
(1935-1959) dysfunction/need
lobotomy
Culture Conflict Conflict of customs
(1938-1980) from ―old‖ country
Differential Learning from bad
Association (1939- companions
Present)
Anomie (1938- State of
Present) normlessness / goal-
means gap
Differential Absence of
Opportunity (1961- legitimate
Present) opportunities
Alienation (1938- Frustration/Feeling
1975) cut off from others
Identity (1942-1980) Hostile
attitude/crisis/sense

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of sameness
Identification (1950- Making heroes out
1955) of legendary
criminals
Containment (1961- Outer
1971) temptation/inner
resisteance balance
Prisonization (1940- Customs and
1970) folkways of prison
culture
Gang Formation Need for acceptance,
(1927-Present) status, belonging
Behavior Reward/Punishment
Modification (1938- Programming
1959)
Social defense Soft
(1947-1971) Targets/Absence of
crime prevention
Guided Group Absence of self-
Interaction (1958- responsibility/discus
1971) sion
Interpersonal Unsocialized,
Maturity (1965- subcultural
1983) responses
Sociometry (1958- One‘s place in group
1969) network system
Dysfunctional Members ―feed off‖
Families (1945- other‘s neurosis
Present)
White – collar Crime Cutting
(1945-Present) corners/bordering on
illegal
Control Theory Weak social
(1961-present) bonds/natural
predispositions
Strain Theory (1954- Anger, Relative
Present) Deprivation,
Inequality
Subcultures (1955- Criminal values as
Present) normal within group
Labeling Theory Self-fulfilling
(1963-1976) prophecies/name
calling
Neutralization Self-talk, excuses
(1957-1990) behavior
Drift (1964-1984) Sense of
limbo/living in two
worlds
Reference Groups Imaginary Support
(1953-1978) Groups
Operant Stimuli-to-stimuli
Conditioning (1953- contingencies
1980)
Reality Therapy Failure to face
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(1965-1975) reality
Gestalt Therapy Perception of small
(1965-1975) part of ―big picture‖
Transactional No communication
Analysis (1961- between inner
1974) parent-adult-child
Learning Disabilities School
(1952-1984) Failure/Relying on
―crutch‖
Biodynamics (1955- Lack of Harmony
1962) with environment
Nutrition and diet Imbalances in
(1979-present) mineral/vitamin
content
Metabolism (1950- Imbalance in
1970) metabolic system
Biofeedback (1974- Involuntary
1981) reactions to stress
Biosocial Environment
Criminology (1977- triggers inherited
1989) ―markers‖
The ―New Ruling Class
Criminology‖ (1973- Oppression
1983)
Conflict Structural barriers to
Criminology (1969- class interests
Present)
Critical Criminology Segmented group
(1973-Present) formations
Radical Criminology Inarticulation of
(1976-Present) Theory / Praxis
Left Realism (1984- Working class prey
Present) on one another
Criminal Personality 53 errors in thinking
(1976-1980)
Criminal Pathways Critical
Theory (1979- Turning/tipping
Present) points in life events
Feminism (1980- Patriarchial Power
Present) structures
Low Self-Control Impulsiveness,
Theory Sensation-seeking
General Strain Stress, Hassles,
Theory (1994- Interpersonal
Present) relations
PROMINENT PERSONS WHO GIVE IMPORTANCE IN THE STUDY OF

CRIMINOLOGY:
1. CESARE BECCARIA – argued that the law must apply equally to all, and that punishments
for specific crimes should be standardized by legislatures, thus avoiding judicial abuses of
power.
2. JEREMY BENTHAM – argues that people are rational beings who exercise free will in
making choices.
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3. CESARE LOMBROSO – influenced by Charles R. Darwin‘s theory of evolution, Lombroso

measured he physical features of prison inmates and concluded that criminal behavior
correlated with specific bodily characteristics, particularly cranial, skeletal, and neurological
malformations.
4. ENRICO FERRI – was the best known Lombroso‘s associate, believed that criminals could
not be held morally responsible for their crimes because they did not choose to commit crimes
but, rather, were driven to commit them by conditions in their lives.
5. RAFAELE GAROFALO – another follower of Lombroso, an Italian nobleman, magistrate,
senator, and professor of law, he traced the roots of criminal behavior not to physical features
but to their psychological equivalents, which he called ―moral anomalies‖.
6. ISAAC REY – American physician, did a pioneering work on the relation of mental disorder
to criminal behavior.
7. FRANZ JOSEF GALL- he advanced the theory that crime is the result of degeneration in the
brain function of the offender.
8. ABRAHAM SEN – He explained the causes of crime by formula of C=T + S
R
C- Crime
T- Criminalistic tendencies (desire/intent/motive)
S- Total Situation (opportunity/chance/time)
R- Resistance
9. LAMBERT ADOLPHE QUETELET- first social Criminologist ; compiled detailed,
statistical information relating to crime and also attempted to identify the circumstances that
predisposed people to commit crimes with Andre Michel Guerry.
10. DAVID EMILE DURKHEIM – advanced the hypothesis that criminal behavior is a
normal part of all societies. No society, he argued, can ever have complete uniformity of moral
consciousness.
11. EDWIN H. SUTHERLAND – advanced the theory of differential association to explain
criminal behavior.
12. WALTER C. RECKLESS – developed one version of control theory, called
containment.
13. TRAVIS HIRSCHI – developed to explain conforming, or lawful, rather than deviant,
or unlawful behavior.
14. ALLAN PINKERTON - America‘s first private eye
15. AUGUST VOLLMER - father of modern Police Science
16. SIGMUND FREUD - born Sigismund Schlomo Freud ; founder of Psychoanalytic
school of psychology; best known for his of unconscious mind and defense mechanism or
repression.
17. ROBERT EZRA PARK – joined the University of Chicago, Department of Sociology
and became a prominent member contributor in sociological researches until he became the
President of the American Sociological Society in 1925. Park was a strong advocate of the
scientific method in explaining criminality but he is a sociologist. He advocated the ―Human
Ecology Theory‖.
18. ERNEST KRETSCHMER – he emphasized the morphological-physiological-
psychological unity of the individual, maintaining that individuals‘ temperament reactions are
reflections of their body types.
19. JOHN HOWARD – greatest English prison Reformer
20. GABRIEL TARDE – asserted that criminality is imitative
21. WILLIAM HERBERT SHELDON – he developed the technique of applying body
type to individual delinquents. He became popular of his own ―Somatotyping Theory‖
22. ERNEST HOOTON – concluded that criminals are inferior to non- criminals that crime
resulted from apart of environment. an anthropologist who reexamined the work of Goring and
found out that ―Tall thin men tend to commit forgery and fraud, undersized men are thieves
and burglars, short heavy person commit assault, rape and other sex crimes; where as mediocre
(average) physique flounder around among other crimes.‖

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23. Karl Marx, Frederick Engel, Willem Bonger – they are the proponents of the Social
Class Conflict and Capitalism Theory.
24. ROBERT KING MERTON – (Meyer Schkolnick) advocated the Strain Theory.
25. ALBERT COHEN – advocated the Sub-Culture theory of Delinquency.
26. GRESHAM SYKES – advocated the Neutralization Theory.
27. LLOYD OHLIN – advocated the DOT – Differential Opportunity Theory.
28. ROBERT AGNEW – has further developed and researched the ideas that he presented
in his dissertation.
29. FRANK TENNENBUM, EDWIN LEMERT, HOWARD BECKER – they are the
advocates of the Labeling Theory – the theory that explains about social reaction to behavior.
30. EARL RICHARD QUINNEY – a Marxist criminologist who advocated the
Instrumentalist Theory if capitalist rule. He argued that the state exist as a device for
controlling the exploited class – the class that labors for the benefit of the ruling class.
31. CHARLES DARWIN – man is an organism having an animalistic behavior that is
dependent on other animals for survival. Thus, man kills and steal to live.
32. CHARLES B. GORING – concluded that there is no such thing as a physical chemical
type. He contradicted the Lombroso‘s idea that criminality can be seen through features alone
and accepted that criminals are physically inferior to normal individuals in the sense that
criminals te to be shorter and have less weight than non-criminals.
THE THEORIES OF CRIME
SUBJECTIVE APPROACHES
It deals mainly on the biological explanation of crimes, focused on the forms of
abnormalities that exist in the individual criminal before, during and after the commission of the
crime (Tradio, 1999). Included under this approach are:
 Anthropological approach – the study on the physical characteristics of an individual
offender with non-offenders in the attempt to discover differences covering criminal behavior
(Hooton).
 Medical Approach – the application of medical examinations on the individual criminal
explain the mental and physical condition of the individual prior and after the commission of
the crime (Positivist).
 Biological Approach – the evaluation of genetic influences to criminal behavior. It is noted
that heredity is one force pushing the criminal to crime (Positivist).
 Physiological Approach – the study on the nature of human being concerning his physical
needs in order to satisfy his wants. It explains that the deprivation of the physical body on the
basic needs is an important determiner of the commission of crime (Maslow).
 Psychological Approach – it is concerned about the deprivation of the psychological needs of
man, which constitute the development of deviations of normal behavior resulting to
unpleasant emotions (Freud-Maslow).
 Psychiatric Approach – the explanation of crime through diagnosis of mental diseases as a
cause of the criminal behavior (Positivist).
 Psychoanalytical Approach – the explanation of crimes based on the Freudian Theory,
which traces behavior as the deviation of the repression of the basic drives (Freud).
OBJECTIVE APPROACHES
The objective approaches deal on the study of groups, social processes and institutions as
influences to behavior. They are primarily derived from social sciences (Tradio,1999). Under
this are:
 Geographic Approach – this approach considers topography, natural resources,
geographical location, and climate lead an individual to commit crime (Quetelet).
 Ecological Approach – it is concerned with the biotic grouping of men resulting to
migration, competition, social discrimination, division of labor and social conflict as factors
of crime (Park).
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 Economic Approach – it deals with the explanation of crime concerning financial security
of inadequacy and other necessities to support life as factors to criminality (Merton).
 Socio-Cultural Approach – those that focus on institutions, economic, financial, education,
political and religious influences to crime.
CONTEMPORARY APPROACHES
Modern days put emphasis on scientific modes of explaining crime and criminal
behavior. This approach is focused on the psychoanalytical, psychiatric and sociological
explanations of crime in an integrated theory –an explanatory perspective that merges concepts
drawn from different sources (Schmalleger, 1997).
THE EARLY BEGINNINGS
HOLY 3 in CRIMINOLOGY:
1. CESARE LOMBROSO – ( 1830- 1909) Father of MODERN CRIMINOLOGY.

- Italian physician, psychiatrist, concluded that TRUE CRIMINAL constitute a distinct
physical and biological type.
- he was a doctor of medicine, serve as an Army doctor; latter on serve as a PRISON doctor.
- he was greatly influence by the theory of ‗EVOLUTION”
- True Criminal can be detected cephalic irregularities like:
a. asymmetrical cranium
b. low sensitivity to pain
c. long lower jaws
d. extreme vanity
e. thickened lips
f. violent temper
g. flattened nose
h. absence of remorse
i. scanty beard
j. tattooing person
k. large ears
l. left handed
THEORY OF EVOLUTION
As a human evolve their physical constitution changed becoming more complex as it
developed to a higher stage.
CLASSIFICATIONS OF CRIMINALS BY LOMBROSO:
a. BORN CRIMINAL – characterized by anomalies which were explained by ATAVISM (

throwback to the primitive instinct).
b. CRIMINALOIDS - not born with physical stigma but who are of such mental make-
up that they display anti- social conduct.
c. CRIMINAL AS INSANE- insane, imbecile person become criminals.
d. CRIMINAL BY PASSION – are individuals who are easily influenced by great emotions
like fit of anger.
e. OCCASIONAL CRIMINAL – are those who commit crime due to insignificant reasons
that pushed them to do at a given occasion.
f. PSUEDO-CRIMINAL – are those who kill in self-defense.
2. ENRICO FERRI – pupil of Lombroso

- exponent of positivist school
- give emphasis of ecological, biological, psychological and social causes of crime.
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3. RAFFAELE GARAFALO
- pupil of Lombroso
- Italian lawyer , prosecutor , majestic
- Give an assumption on natural law and natural crime.
Types of Criminals By Garofalo

1. Murderers – those who are satisfied from vengeance/revenge.
2. Violent Criminals – those who commit very serious crimes.
3. Deficient Criminals – those who commit crime against property.
4. Lascivious Criminals – those who commit crime against property.
FUNDAMENTAL STUDY OF CRIMINAL LAW
A. DEFINITION
CRIMINAL or PENAL LAW is that branch of public law, which defines crimes, treat of their
nature, and provides for their punishment.
The Revised Penal Code is the book that contains the Philippine Criminal law and likewise, it is
embodied in different special laws decrees, which are penal in nature.
JANUARY 1, 1932- Effectively of the Revised Penal Code.
CHARACTERISTICS OF CRIMINAL LAW

1. It is general in application
2. It is territorial in character
3. It must be prospective
TWO IMPORTANT THEORY IN CRIMINAL LAW
1. THE CLASSICAL THEORY

a. The basis of criminal liability is human free will and the purpose of penalty is retribution.
b. That man is essentially a moral creature with an absolutely 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.
c. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
d. There is a scant regard to the human element.
2. THE POSITIVIST THEORY

a. That man is occasionally subdued by strange and morbid phenomenon, which contains him to
do wrong, inspite or contrary to his volition.
b. That crime is essentially a social and natural phenomenon, and as such it cannot be treated
and checked neither by the application of abstract principles of law and jurisprudence nor by
the imposition of punishment fixed and determined prior but rather through personal and
individual investigation conducted by a competent body of psychiatrist and social scientist.
POSITIVIST OR ITALIAN – causes of crime not on the HUMAN- FREEWILL.

- denied individual responsibility and reflected as essential non punitive reaction to crime
and criminality. Since the criminal was held to be not responsible for his acts, he was not to
be punished. The adherent of this school maintained that a crime as any other act, is a
natural phenomenon and is comparable to calamity and disaster.
OTHER THEORIES AS TO THE ORIGIN OF CRIMINAL LAW

a. That criminal law originated from private wrong or tort.
b. That criminal law originated from the national processes of unified societies.
c. That criminal law originated from the development of customs, usage and tradition.
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d. that criminal law originated from conflict of interest of different social groups.
TWO (2) persons involves in CLASSICAL SCHOOL
1. JEREMY BENTHAM-(1748- 1832) – He proposes the codification of ―Criminal

law‖ , based on utility principle.
- Urges the fundamental reform in the establishment and administration
of penal institution.
- He used the Utilitarian principle of punishment.
2. CESARE BECARRIA- ( 1789) Italian Mathematician, published the first work

devoted solely to Criminology.
- He wrote a book entitle ― ESSAY OF CRIME AND CRIMINOLOGY ―, which mark as
the beginning of classical school.
- he used the study of PHYSIOGNOMY
PHYSIOGNOMY – study the relationship between the facial feature and human conduct of
a person in relation to his crime.
STUDY OF FELONIES AND CRIMES

 CRIME is defined as an act committed or omitted in violation of a public law forbidding or
commanding it.
 CRIME is also defined as an act that violates the law off the nation.
 FELONIES are acts and omissions punishable by law. They are committed not only by means
of deceit (dolo) but also by means of fault (culpa).
 Legalistic definition—states that crime is behavior that violates the law. It calls for an
evaluation of behavior on the basis of intention, knowledge and freedom to act.
A. Intention—the actor must have had mensrea ( a guilty mind, or evil intent) to qualify
the act as a crime.
B. Knowledge—refers to whether the behavior in question was undertaken knowingly.
C. Freedom --- exercise freewill
1. Irresistible impulse test—this test is relevant to defendants who have a mental
disease that impairs self-control.
2. Substantial capacity test—a person is not responsible for criminal conduct if at the
time of such conduct as a result of mental disease or defect he lacks substantial
capacity either to appreciate the criminality ( wrongfulness) of his conduct or to
conform his conduct to the requirement of the ( responsibility).
TWO BASIC THEORIES OF CRIME:

1. Spiritual or other-world explanations----- appeared in the New World during the Puritan
Colony in Massachusetts Bay. The feudal lords instituted methods by which God could
indicate who was innocent and who was guilty.
◊ trial by battle
◊ Trial by Ordeal
◊ Compurgation—the accused gathered together a group of 12 reputable
people who would swear that he or she was innocent. The idea was that no one
would lie under oath for fear of being punished by God. Religious conversion is the only
―cure‘ for crime and cannot be observed. They cannot be disproved and cannot be
considered as scientific.
2. Natural explanations or these world explanations---make use of objects and events
in the material world to explain the same things and developed naturalistic explanations.
a. Phoenicians and Greeks:
 Hippocrates( 460 B.C.)- provided a physiological explanation of the thinking of arguing
that the brain is the organ of the mind.
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 Democritus (420 B.C.)- proposed the idea of an indestructible unit of matter called the
atom as central to his explanation of the world around him.
 Socrates, Plato @ Aristotle- the ideas of unity and continuity came to the fore, but the
essential factors in all explanation remained physical and material.
b. Roman – roman law fused the demonology of the Hebraic tradition with the naturalism of
the Greeks to provide a natural basis for penalties as well as for rights.
In criminology, as in other social sciences, modern thought that calls itself scientific has
abandoned the spiritual approach as a frame of reference.
a. Criminal behavior is freely chosen
b. Criminal behavior is caused by forces beyond the control of the individual.
c. Crime primarily as a function of the way the criminal law is written and enforced it focuses
on the behavior of criminal law rather the behavior of criminals.
What are the Broad Ways of Social Responses to the crime Problem?
a. Crime suppression or reaction measures undertaken after the commission
b. Crime prevention of proaction measures undertaken before the commission of crime
What is the so-called Triad of Crime?

The so-called triad crime consists of desire, capability and opportunity. These are
the factors which the commission of crime.
DESIRE CAPABILITY
OPPORTUNITY
Why are the Amounts and Kinds of Crimes in the Philippines Difficult to Portray?
a. A lot of crimes are not reported to the police.
b. Not all crimes which are reported to the police are reflected in the records in the police
crime registers.
c. Many crimes which are directly referred to the prosecutors are recoded in the police crime
registers.
d. There is yet no earnest and persistent effort on the part of the police of any agency of the
government for determining systematically the extent of the unreported crimes in this
country.
What are the ways of combating a crime?

a. To wage massive information dissemination campaign on crime prevention.
b. To strengthen law enforcement agencies.
c. To formulate effective rehabilitation program for the convicted offender.
What is Crime Prevention?

Crime Prevention is basically defined as the anticipation, recognition, and appraisal of a crime
risk and the initiation of positive action to remove or reduce the risk.
Crime Prevention is the modern approach through the reaction of criminal opportunity of the
existence of crime and the criminal using social and situational and prevention measures by the
community at large and by all sectors of society.
What are the So-Called Social and Situational Prevention Measures?

Social Prevention Measures are those intended to deal with what are seen as the fundamental
causes of crime, otherwise termed as the infrastructure of crime, example unemployment, poor
education, extreme poverty, inadequate job skills, lack of recreational facilities or opportunities,
lack of appropriate role models for the youth, population growth, inflation, and diminishing,
effectiveness of the traditional system of social control.
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Social prevention can further be divided into first, broad social policies which are intended
to promote respect for moral values or to reduce the inequalities and second, more localized
schemes to increase community solidarity, to improve relations between the police and the
barangay and to provide diversionary facilities for the alienated youth.
Situational prevention measures are those intended to reduce the opportunities for
combating crime. It operates by attempting to increase the risk and difficulties of crime through
environmental design and management, example putting more locks on doors, iron grills on
window, etc.
What are the levels of Crime Prevention?

a. Primary Level – identification of factors in the environment which contribute to criminally
deviant behavior
b. Secondary Level – identification of individuals or group of persons with criminally deviant
behavior
c. Tertiary Level – formulation of rehabilitation measure to prevent recidivism
What are the Agencies of the Government that is Primarily Charged with the Campaign to
Prevent Crime?
a. The Crime Prevention and Coordination Service (CPCS) of the NAPOLCOM for the
provinces and the cities
b. Offices of the NAPOLCOM Provincial Officers in every province for the municipalities or
towns.
Terminologies:
 Criminogenic Processes – explain human behavior and the experiences which help the nature
of a person‘s personality as reaching mechanism: the factors or experiences in connection
thereto infringe differently upon different personalities producing conflict which the aspect
of crime.
 Crime Psychodynamics – the study of mental processes of criminals in action; the study of
development and motivation of human behavior that conflicts with accepted norms and
standards of society.
 Dementia Praecox – a collective term of mental disorder that begin shortly after puberty and
leads to general failure of the mental faculties with the corresponding psychological
impairment.
 Delusion – a false belief about self-cause by morbidity, paranoia and dementia praecox.
 Erotomania – a morbid propensity to love of make love; uncontrollable sexual desire by
members of either sex.
 Episodiac Criminal – a non-criminal person who commits crime when under emotional stress.
 Logomacy – a statement that we would have no crime if we have no criminal law and that we
can eliminate crimes by merely abolishing criminal law.
 Kleptomaniac – an uncontrollable morbid propensity to steal. He is a pathological stealer.
 Masochism – a condition of sexual perversion in which a person derives pleasure from being
dominated or cruelly treated.
 Melancholia – a mental disorder characterized by excessive brooding and depression of spirits.
 Megalomania – a mental disorder in which the subjects thinks himself as great or exalted.
 Anthropology – science devoted to the study of mankind and its development in relation to its
physical, mental and cultural history.
 Schizophrenic – called dementia praecox – a psychosis characterized by thinking disturbance,
impulsive, destructive and may commit suicide.
 Neurosis – uncontrollable or irresistible impulse to do something, like Dipsomania – desire to
drink alcohol, kleptomania – desire to steal, pyromania – desire to burn anything.
Criminological Schools and Causation of Crimes:

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a. Carthographical School – the leaders of this school are concerned primarily with the
disturbances of crimes in certain areas, both geographical and social. They view crime as a
necessary expression of social condition. QUITELET and A.M. GUERY were the leaders of
this approach in France. It is noted that crime is caused by conflict of values arising when legal
norms fail to take into consideration for behavioral norms that are specific to the lower
socioeconomic classes of age group religious group and interest group living in certain
geographical areas.
b. Socialist School – This school is based in the writing of MARX and ENGELS, which
commenced about 1850 emphasizing in economic determinism. So far as the crime is
concerned the basic idea is that poverty results from private ownership of the means of
production and from exploitation of the working classes.
Victimless Crimes:
Victimless Crimes are those crimes which have no injured party, like: prostitution, gambling,
alcoholism, etc.
Present Theories of Crimes:

1.Biological – This approach from the point of view of psychological organism emphasizes
heredity, endocrine glands and the anatomical structure. This approach pointed that to reduce
criminality, sterilization should be adopted.
2.Personality – pointed out that feeblemindedness causes crime for the reason that an
individual is unable to appreciate the meaning of law or to foresee the consequences of his
act. It also state that crime is caused by a lack of balance between the intellectual and
emotional capacities and unsettled mental conflicts which are generally sexual in origin.
3.Primary Social groups – this theory attributes criminality to factors like bad neighborhood,
broken families and other family patterns, parental neglect and the like.
4.Broader Social Process – this theory maintains that crimes are due to some loopholes in the
penal system through which guilty persons escape detention, conviction or punishment. This
theory attributes criminality to adverse economic conditions and cultural conditions as well
as mobility of population.
Factors Affecting Development and Existence of Criminality:
I. Kretchsmer’s Study – involves the study of the relationship between physique and mental
illness. These bodies are divided into 3 distinct parts:
a) asthenic type – a person with a thin and narrow build
b) pyknic type – a person whose body is round, fat and fleshy
c) dysplastic type – person whose body type is part asthenic and part pyknic
II. Sheldon’s Study:

a) Endomorph – a person with a round, fat fleshy with short, tapering limbs and small bones.
b) Ectomorph – a person who is a thin, small and bony with small face, sharp nose, fine hair,
relatively little body mass and relatively great surface area.
c) Mesomorph – a person who is big boned and muscular and tends to have a large trunk,
heavy chest and large wrists and hands.
TYPES OF PHYSIQUE-----temperament
a. Endomorphic- Viscerotonic - relatively great development of digestive viscera; tendency to
put on fat; soft roundness through various regions of the body; short tempering limbs, small
bones; smooth velvety skin.
b. Mesomorphic – Somotonic - relatively predominance of muscles bones and the motor organs
of the body; large wrists and hands, if lean shows a hard rectangular outline.

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c. Ectomorphic -Cerebrotonic - relatively predominance skin and appendage which includes

the nervous system; loan, fragile, delicate body, small delicate bones, droopy shoulder, small
body mass on relatively all body area.
Proofs of Role of Heredity in the Development of Criminality:

a) Study of Kallikak Family Tree – Martin Kallikak, an American soldier had illicit affair or
relationship with a feeble-minded girl. Out of 489, 143 descendants were traced to be feeble-
minded and only 46 were normal. After the war, he married a good Quaker family. Out of his
marriage were 4,967 descendants. All were normal mentality, only 2 were alcoholic and 1
was convicted of religious offense. No one became criminal.
b) Study of Juke Family Tree – Ada Juke, known as ―Margaret, the Mother of Criminals‖ –
raced 1,200 descendants and found 280 as paupers, 140 criminals, 60 thieves, 50 prostitutes,
300 infants prematurely born, 7 murderers, 440 with sexual deseases and 30 for bastardy.
Ada Jude was an illegitimate child.
c) Study of Sir Jonathan Edwards Family Tree – Sir Jonathan Edwards, a preacher, traced
that no one of his descendants was found to be criminal. Many became Presidents, U.S.
governors and members of the Supreme Court, courts, writers, etc.
Various Study of Psychoanalytical and Psychiatric Factors:

a. Psychoanalytical – analysis of human behavior
b. Psychiatric – study of human mind
c. Cyril Burt – studied young delinquents. Founded the theory of General Emotion.
d. Healy – studied individual delinquency, claimed that frustration, crime is expression of
mental content of a person.
e. Bromberg – claimed that crime is the result of emotional immaturity
f. Sigmund Freud‘s Study – in his Psychoanalytical Theory of Human Personality, crimes have
the following explanations:
 ID – impulse of instinct of social drives. It is inherited.
 EGO – forms part of man‘s physical organization between sensory stimuli on one hand
and his motor activity of the other.
 SUPER EGO – conscience of man
Classes of Mental Deficiency:

1. Idiots – person in whose case there exist mental defectiveness. Mentality is compared to 2
years old.
2. Imbecile – mentality is like a child
3. Feeble-minded – mental defectiveness which though not amounting to imbecility requires
care, supervision and control of their own. They appear incapable of reason due to mental
defectiveness.
4. Moral Defectiveness – persons wherein mental character exists coupled with strong vicious
criminal propensities and require care and supervision and control for the detection of
others.
WHY MUST MEMBERS OF SOCIETY BE INTERESTED IN CRIME

 Crime is Pervasive- almost all members of the society are once or common victim of crime,
and it affects most members of society regardless of age, sex, race, nationality, religion,
financial condition, education and other personal circumstances.
 Crime is Expensive- the government and private sector spend enormous amount of money
for crime detection, prosecution, correction and prevention. Said expenses could be direct
and indirect expenses on the part of the government.
 Crime is destructive- many lives has been lost due to crime including properties.
 Crime is reflective- crime rate or incidence in a given locality is reflective as to the
effectiveness of the social defenses employed by the government and the people,
particularly the law enforcement.

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 Crime is Progressive- as population grows , crime rate is also increasing, when modern
time come, crime had been modernized also.
ADVANTAGES OF THE EXISTENCE OF CRIME
 It promotes solidarity among the people.

 It prevents morality from going to extreme.
 It is a notification of maladjustment.
CRIME TOPOLOGIES
Four (4) Clusters:
1. Violent Crime
2. Economic crimes involving common theft offenses
3. Economic crimes involving white collar criminals or criminal organization
4. Public order crimes, such as prostitution an drug abuse
5. Violent crimes- involves the use of treat of force on a victim by an offender example:
homicide, murder, family related crimes, rape, and sexual assault, robbery, kidnapping and
terrorism, political violence and the like:
Sources of violence:
a. Personal traits – suffered from neurological impairments, low intelligence
b. Ineffective families
c. Substance abuse
d. Human instincts
e. Regional values
f. Cultural values
g. Firearms availability
6. Economic crime – defined as an acts in violation of the criminal law designated to bring
financial reward to an offender.
Major component:
a. Economic crime involves common offenses such as theft, shoplifting, arson
b. Economic crime involves illegal business activity.
2 Categories of illegal business activity:

a. White collar crime
b. Organized crime
Five (5) Basic elements of White Collar crime

1. Intent – is the offender‘s awareness that the activities are wrong or illegal.
2. Disguise of purpose- refers to the offenders conduct while carrying out of 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 actions on the 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.
Two major categories of White Collar Crimes:

a. Occupational crime- the use of one‘s occupation to illegally obtain personal gain.
b. Corporate crime- any activity that is undertaken by a corporation for its benefit but violates
the law.
9 categories of White Collar Crime

1. Security- related crimes
2. Bankruptcy fraud
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3. Fraud against the government

4. Consumer fraud
5. Computer crimes / internet crimes
5 Basic categories:
a. Computer fraud – involves falsification of stored data or deception in legitimate transactions
by manipulation of data or programming including, the unlawful acquisition of data or
programming including the unlawful acquisition of data or program for purpose of financial
gain of the perpetrator or a third party.
b. Computer espionage- consists of activities by which unauthorized computer access yields
information for purposes of exploitation from data bases belonging to government or
private agencies
c. Computer sabotage – consists of the tampering with destruction of scrambling of data or
software by means of gaining surreptitious access to data banks.
d. Computer hacking – is the act of gaining unlawful access to data banks for malicious
through not necessarily purposes and for neither financial gain nor purposes of espionage.
e. Theft of computer time, software and hardware – includes the unauthorized use of
computer time and software services as used the unauthorized copying of software
programs and the outright theft of computer equipment.
6. Insurance Fraud - is the most common is the policyholders defraud insures accomplished by
the filing of false claims for life, fire , marine or casualty insurance.
7. Tax fraud - attempt to evade or defeat a tax, non payment of tax.
8. Bribery, corruption and political fraud - the objectives may vary as to find a favor, specially
privileges, services, business
9. Insider- related fraud - Involves the use and misuse of one‘s position for pecuniary gain or
privilege.
Categories:
a. Embezzlement – is the conversion ( misappropriation) of property or money with which
one is entrusted or for which one has a judiciary responsibility.
b. Employee- related thefts – phony payrolls, fictitious overtime charges, false claims for
business-related travel.
c. Sale of confidential information
Four (4) Types Organized Crime;

a. Criminal gang – is an intimate group bound by ties of friendship and loyalty that tend to
established its own folkways and mores, often against the conventional society.
b. Criminal syndicate- is a stable business organization whose violence is directed a
unwelcome competitive. It is a combination of capitalists of financiers, entered into for the
purpose of executing an illegal plan requiring large source of capitalist especially one
having the objects of obtaining control of the market of a particular commonly.
c. Racket – is an organized by illegal means often accompanied by threats of inflictions of
injury or destruction of property.
d. Corrupt political group- the deliberate work of the political machine.
Public Orders Crimes – also known as victimless crimes behaviors that run contrary to social
norms, customs and values.
Victimology – the scientific study of the victim. Attempt to explain the causes of victimization.
EXPLANATION TO CRIMINALITY
A. TYPES OF EXPLANATION TO CRIMINAL BEHAVIOR

1. Single or Unitary Causes. Crime is a product of single cause or factor.

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2. Multiple factor theory: Crime is not a product of single cause or factor but a combination of
several factors. Some factors are playing a major role while the others are playing a minor
role. Accepted also a theory of crime causation.
3. Eclectic theory; Crime in one instance may be caused by one or more factors while in other
instances it is caused by another set of factors.
B. EARLIER EXPLANATIONS TO THE EXISTENCE OF CRIMINALITY

a. The explanation that crime is caused by demon.
Accordingly, men commit anti-social acts because the demons, spirit, or someone from
the other world instructed, forced or pushed them to do so. This is during the pagan age when
any wrongful act is attributed to the will of evil or other supernatural beings.
b. Explanation that crime is caused by Divine will.
Men manifest criminal behavior because they are sinful so God wants punish them:
during the ancient times criminals are given the right to sanctuary whereby they can seek
refuge in the temple of God so that they will be free from prosecution of punishment.
c. The explanation that crime is the result of the free-will of men ( Classical School of thought
by Beccaria)
According to criminologist Beccaria, men are fundamentally a biological organism with
intelligence and rationality which control their behavior. Before men do something, they try
to calculate the amount of pain they will suffer and algebraic sum of the two considerations.
d. The explanation that crime is result of the freewill of men but were committed due to some
compelling seasons prevailed.
This explanation accept the fact that crimes are committed in accordance with freewill of
men but the act of committing crime is modified by some causes that finally prevail upon the
person to commit crimes. Usually crime resulted from these act fails on either mitigating or
exempting circumstances under the law.
e. The explanation that criminal are born ( Positive School of Thought by Cesare Lombroso)
According to Lombroso who is now considered the father of modern Criminology,
criminals are born with some physical characteristics, which become the causes of crimes.
Such causes are:
 that there is a distinct born criminal type;
 That this type can be identified by certain stigmata or anomalies;
 That the stigmata are not the causes of crimes but rather the symptoms of atavism or
reversion of his body to his apelike ancestors;
 That this atavism and degeneracy of the body are the causes of crime
 That the person who is a born type criminal cannot refrain from committing crime unless
he lives, under exceptionally favorable circumstances.
FACTORS AFFECTING DEVELOPMENT AND EXISTENCE OF CRIME AND

CRIMINALITY
1. GEOGRAPHICAL FACTORS
Earlier criminologist correlated climate, humidity, wind, velocity, atmospheric pressure ,
rainfall, nature of soil and other geographical factors to the existence and development of crimes
and criminality. The following are the explanations formulated by criminologist about geography
and crimes:
a. The North and South pole
b. approach to Equator
c. Season of the year
d. Soil formation
e. Temperature
f. Humidity and atmospheric pressure
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g. wind velocity
2. BIOLOGICAL FACTORS
Man as a living organism has been the object of several studies, which has the purpose
of determining the causes of his crimes. Among such studies are the following:
PHYSIOGNOMY- this is the study of the relationship between the facial features and human
conduct of a person in relation to crimes. This study and science was used by Becarria( 1764)
and LAVATER ( 1775) to discover the character of person by:
a. observing his physical appearance
b. measurement of the outward appearance
PHRENOLOGY OR CRANIOLOGY- Franz Joseph Gall & Johann Gaspar

Spurzhein claimed in this study that the shape of the head of the criminals differs from that of
the non-criminals, this theory, however, was found without basis.
STUDY OF PHYSICAL DEFECTS AND HANDICAPPED IN RELATION TO CRIMES

Leaders of notorious criminal groups are usually nicknamed in accordance with their
physical defects and handicapped. This defects is the very reason so that they become violent,
feel inferior to others and/or being ostracized by the society. The unfavorable results therefore,
could be following:
o a. Persons who are suffering from physical defects cause poor social relationship and
serious emotional disturbance;
o It reduces his capacity to compete occupationally and socially;
o It may cause the development of inferiority complex;
o Persons suffering from defects are frequently irritated by friends and resort to violent
criminal behavior.
3. MENTAL DISTURBANCES
The following are cases, of mental disturbances, which are sometimes the cause
of criminality and the development of criminal behavior:
1. MENTAL DEFICIENCY- a condition of arrested or incomplete development of the mind

existing before the age of 18, whether arising from inherent causes or induced by disease or
injury. They may commit violent crimes but definitely not crimes involving the use of mentality.
o IDIOTS- persons whose mentality is compared to a 2 years old person.
o IMBECILES- persons whose mentality is like a child of 2 to 7 years old.
o FEEBLE-MINDED PERSON- those in whose case there exist mental defectiveness
which though not amount to imbecility, is yet pronounced that they require care,
supervision and control for their own or for protection of others.
2. SCHIZOPHRENIA- this is sometimes called DEMENTIA PRAECOX; is a form of
psychosis characterized by thinking disturbance and regression to more relatively
unimpaired and intellectual functions are well preserved.
3. COMPLUSIVE NEUROSIS- A disorder of the psychic and mental functions without
lesions of
nerves and less severity that psychosis. Usually it is accompanied by a morbid nature or
tendency on a particular act or object.
4. PSYCHOPATHIC PERSONALITY- this is the most important cause of criminality
among youthful offenders and habitual criminals.
5. EPILEPSY- this is a condition characterized by convulsive seizures and a tendency to
mental deterioration. The seizure may be extreme loss of consciousness. During the attack,
the person become muscularly rigid, respiration ceases, froth on the mouth and tongue
may be bitter.

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TYPES OF EPILEPSY
Grand Mal – there is a complete loss of consciousness & general contraction of themuscles;
Petit Mal- mild or complete loss of consciousness& contraction of muscles.
JacksonianType- localized contraction of muscles with or without loss of consciousness.
4. ALCOHOLISM- this is a form of vice causing mental disturbance.

Causes of Alcoholism:
o Some people believe that alcohol is an appetizer before meal.
o Sometimes alcohol gives them soothing effects.
o As a way of escape from unpleasant realistic of life.
o Used as a means of escaping personal problems.
5. DRUG ADDICTION- this is another form of vice which causes strong mental disturbance.
It is the state of chronic or periodic intoxication produced by the repeated consumption of
natural or synthetic drugs.
THE SOCIOLOGICAL CAUSES OF CRIME

1. LACK OF PARENTAL GUIDANCE. Much of our life influenced by the types of parents we
have.
2. BROKEN HOMES AND FAMILY. A family is a homogenous unified and intimate- social
groups wherein children have their initial experience with others receive protection, normal
instruction and basic physical and emotional satisfaction.
Characteristics of Normal Home

o Physically complete where both natural parents are presents.
o There is social and religious harmony in the groups.
o It must be economically stable to maintain normal health.
o Both parents must have the same cultural backgrounds.
o e. There must be physical and psychological normality there must be functional
adequacy.
BASIC NEEDS OF CHILDREN:

1. Security 3. Status
2. Recognition 4. Companionship
3. INJURING STATUS OF NEIGHBORHOOD. The residence in slum or impoverish areas

will lower the social status of the child.
4. BAD ASSOCIATION WITH CRIMINLA GROUPS . The old age saying that ― one bad
apple will spoil a barrel of good ones‘ unfortunately holds true, to a great degree among
people.
5. LACK OF RECREATIONAL FACILITIES FOR PROPER USE OF LEISURE TIME.
Recreational facilities are especially necessary in the use of youthful energy in a legitimate
way.
6. LACK OF EMPLOYMENY AND POVERTY. Lack of employment gives us too much
leisure time, lead us to poverty, loss of self-respect which may lead us to crime.
THEORIES ON SOCIOLOGICAL CRIMES
1. DIFFERENTIAL IDENTIFICATION THEORY by Daniel Glacier

It was maintained that a person pursues criminal behavior to the extent that he determines
himself with real or imaginary person from whose perspective his criminal behavior seems
acceptable.
2. IMITATION- SUGGESTION THEORYBy Gabriel Tarde.

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Delinquency and crime pattern are learned and adopted. The learning process may either be
conscious type copying or unconscious copying of confronting pattern of behavior.
3. DIFFERENTIAL SOCIAL ORGANIZATION THEORY
This is sometimes called Social Disorganization.
4. CONFLICT OF CULTURE THEORYByThorsteinSellin
It was emphasized in this theory that the multiplicity of conflicting culture is the principal
source of social disorganization. The high crime and delinquency rates of certain ethnic or
racial group is explained by their exposure to diverse and incongruent standards and codes of
larger society.
5. CONTAINMENT THEORY by Reckless
Accordingly, criminality is brought about by the inability of the group to contain the behavior
of its member and that of effective containment of the individual into the value system and
structure of society will minimize.
OTHER CRIMINOGENIC FACTORS OF CRIMES
A. FAILURE OF THE SCHOOL IN CHARACTER DEVELOPMENT OF THE

CHILDREN AND THE YOUTH
The duty of the school in the character development of children is complimentary to
home. Second to the home, the school has close contact with children for a long period of
time so that it has a powerful influence in the life of the child and has much to do with the
future life and career of children.
Primary Functions of the School:

 To inculcate civic and patriotic responsibility of children.
 As an agency of social control over the mores and culture of society.
 It furnishes technical competence to children for their future works.
 it is a place where initial evidence can be manifested toward criminal behavior.
Relationship between School and delinquency or crime

 Among delinquents, there is a high percentage of juveniles with poor school adjustments.
 A high percentage of delinquents express dislike for the school in general.
 Truancy from school is closely related to delinquency.
 Delinquency appears to be higher during school days than on vacation & weekends.
 There is comparatively high rate of delinquency in the right-after- school hours.
B. THE TEACHING OF RELIGION MAY SOMETIMES BE MISDIRECTED FROM

ITS PURPOSES AND OBJECTIVES
The relevance of religion to criminality has always been considered on how much it helps
in combating delinquency. This is due mainly to the fact that religion has always supported
morality, decency, love of mankind and above all , love of God. Delinquency and crime,
therefore has not only been seen as a wrong in the eyes of the law but likewise in the eyes of
God. However, there is a little knowledge for each one of us that religion may sometimes
serves as the vehicle of crime under these circumstances.
 When a certain religious group actively participate in partisan political activities.
 When the religion tries to inculcate certain distinct inconsonant with the accepted norm
of society.
 When religion preaches the use o violence in the attainment of their objective.
C. THE MASS MEDIA MAY DEVELOP AN ARTIFICIAL ENVIRONMENT OF

CRIMES & DELINQUENCY INFLUENCE THE PUBLIC TO VIOLATE THE LAW.
There is no doubt that with perfection of the modern technology in mass
communication, media, newspaper, radio, motion picture, comic books, and television, have
been the most effective means of disseminating information to tour public in the country
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today. Simultaneously, they create public opinion character and a particular type of society
that they may ultimately create on the basis of artificial environment that the media develop
in the mind of the people. Media of course, has been conceived for the public good but
sometimes they may enhance the development of criminal behavior under the following
circumstances.
 It promotes crime by constantly advertising it.
 It glorifies criminal leaders and consequently increases their prestige.
 It interferes in the administration of justice by trial by media and by giving advance
information to the public.
 It produces public panic in regard to crime, which makes consistent and sober judicial
and preventive procedure difficult.
 It frequently advances information to the criminals regarding the place of the police and
law enforcers.
REFERENCES :
 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon

City, Philippines, Wiseman‘s Books Trading Inc.
 ROMMEL K. MANWONG (2008), Fundamentals of Criminology, Quezon City,
Philippines, Wiseman‘s Books Trading, Inc.

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ETHICS AND VALUES
CRIMINAL JUSTICE SYSTEM

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DEFINITION OF TERMS
AFFIDAVIT – a sworn statement subscribed and executed before competent authority.

AFFIANT – refers to a person executing an affidavit.
BAR – refers to persons authorized to practice the legal profession duly admitted to the roll of
attorneys of the Supreme Court and a member of the Integrated Bar of the Philippines.
BENCH – refers to the court in general.
BUREAU OF CORRECTIONS – formerly known as the Bureau of Prisons. It was prescribed
to oversee the administration, supervision, management and control of the state prison
institution in the Philippines. The president of the Philippines appoints its head with the
confirmation of Congress by the Commission on Appointment.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY – by virtue of R.A. 6975 the Jail
Bureau was created. The composition of the personnel of the BJMP was to be taken from the
members of the Jail Management and Penology Service as constituted under P.D. 765. It is
vested with the authority to exercise supervision and control over all city and municipal jails.
CASE LAW – judicial decisions, published precedents which are considered as a fixed body of
legal rule.
CIVIL SOCIETY – refers to the sector of society composed of NGOs, People‟s Organizations,
cause oriented groups, and advocacy groups that promote the welfare of the people against
all forms of exploitation and abuse.
CLEARED CRIMES – a situation or condition in which the suspect is arrested and turned over
for prosecution. Police term to indicate solved criminal cases.
COMMUNITY – the fifth pillar in the CJS it refers to the elements that are mobilized and
energized to help the authorities in effectively addressing the law and order concerned of the
citizenry.
CONSENSUS VIEW OF CRIME – the view that the greater part of society share common
ideals and work toward a common good and crimes are outlawed acts because they are
harmful and conflict with the rules of society.
CONTEXTUAL DESCRIMINATION – a practice in which members of the minority receives
harsher punishments in some instances.
CONTRACT LAW – law which covers personal agreements.
CORRECTIONS – is the system of taking care of the custody, treatment and rehabilitation of
all convicted persons or prisoners punished by law for the commission of an offense.
CORRECTIONALISM – research conducted by positivists which intends to unmasked the
weak and powerless members of society so they can be better dealt with by the legal system.
COURT – a body of tribunal officially assembled under authority of the law in which judicial
power is vested of the administration of justice is delegated.
COURT OF APPEALS – established under BP 129 known as “The Judiciary Reorganization
Act of 1980”. The Court is composed of one (1) Presiding Justice and sixty eight (68)
Associate Justices. They are all appointed by the President. It operates in 10 divisions, each
comprising of five members. The Court sits by Divisions, each division being composed of
three members.
CRACKDOWN – refers to the focus of police resources on a specific problem area.
CRIMINAL JUSTICE SYSTEM – the totality of all concerted efforts and activities of all
agencies involved in the prevention, reduction and control of crimes.
CRIME CONTROL – refers to the restraining or isolating criminals behind prison to
effectively control them from further endangering the society thus protecting the public from
harm and damage.

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CRIME DETERRENCE – refers to the political will of the State to punish all criminals in
accordance with law, to serve a lesson from further committing crime.
CRIME DISPLACEMENT – the effect of crime prevention drives which transfers or shifts
illegal activities to another.
CRIME PREVENTION – pertains to all government and non-governmental activities or
programs designed to thwart, deter, preempt, and stop the crime from happening.
CRIMES OF REPRESSION – offenses committed to members of a group who are being
prevented from achieving their fullest potential due to racism, sexism or other biases.
CRIMINOLOGICAL ENTERPRISE – refers to all the disciplines involved in the study of
crimes and criminals. The practice of certain disciplines such as research and statistics,
natural science, law, penology, sociology, medicine psychology, forensic sciences, etc. make
up the entire criminological venture.
DETENTION PRISONER – a person temporarily detained while his case is pending in court
and awaiting final judgment.
DIFFERENTIAL SOCIAL CONTROL – an act of labeling that may produce a reevaluation
of the self, which reflects actual appraisals made by others.
DIVERSION PROGRAMS – rehabilitation programs that remove offenders from normal
channels from the criminal justice system, thus avoiding the stigma of a known criminal.
FORFEITURE – the seizure of personal property by the state as a criminal or civil penalty.
GATEWAY MODEL – drug abuse study that asserts that addicts begins with a more benign
drug and later advance to more potent ones.
INSTRUMENTALISTS – the assertion that criminal law and criminal justice system are
primarily an instrument for controlling the poor members of society and the state acting as
tool for capitalists.
INTERDISCIPLINARY SCIENCE – involves two or more academic fields.
JAIL – a place of confinement for person awaiting court action and the convicted offender
serving short sentence.
JUDGE – a public officer so named in his written evidence of appointment (commission)
assigned to preside over and to administer the law in a court of justice.
JUST DESERT – the viewpoint of justice that asserts that those who violate the rights of others
deserve to be punished.
LA COSA NOSTRA – a syndicate of Italian dominated crime families who control crime in
distinct geographical areas.
LAND TRANSPORTATION OFFICE (LTO) – regulates land transportation industry and
enforces transportation laws and regulations. Investigates, arrests and prosecutes “colorum”
or out of line vehicles.
MARGINALIZATION – the act of displacing workers and pushing them outside the social and
economic mainstream.
MITTIMUS – a warrant issued by a court bearing its seal and the signature of the judge
directing the jail or prison authorities to receive the convicted offender for service of
sentence impose therein.
MORAL CRUSADERS – interest groups who seek to crush out behavior that they see
objectionable and offensive.
NATIONAL ANTI-CRIME STRATEGY (NACS)- refers to the blueprint for a responsive
and well-suited anti-crime machinery that shall operate its strategic purposes.
NATIONAL BUREAU OF INVESTIGATION (NBI) – the oldest law enforcement agency of
the Philippines is under the Department of Justice. It was created by the enactment of R.A.
157.
PEACEMAKING MOVEMENT – a branch of conflict theory that stresses mediation,
humanism and conflict determination as a means to end crime.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) – an attached agency of the
office of the President is tasked against the officers and members of the PNP which it has
cognizance over such cases which is acted within three days upon filing of the complaint.

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POLICE – a body of civil authority, which is tasked to maintain peace and order, enforce the
law, protect lives and properties and insure public safety. The initiators to the criminal justice
system, our first line of defense against crime.
POLICE COMMUNITY RELATIONS UNIT – created to establish harmonious relationship
between the police and the citizen.
PRELIMINARY INVESTIGATION – an inquiry or proceeding for the purpose of
determining whether there is sufficient ground to engender a well founded belief that a crime
cognizable by the Regional Trial Court has been committed and that the suspect is probably
guilty thereof, and should be held for trial.
PROBABLE CAUSE – the knowledge of facts, actual or apparent, strong enough to justify a
reasonable man in the belief that he has lawful grounds for arresting the accused. Such facts
and circumstances, which would lead s reasonably discreet and prudent man to believe that
the person has committed an offense, sought to be arrested. The existence of such facts and
circumstances as would excite the belief, in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charge was guilty of the crime for which he was
prosecuted.
PROSECUTION – refers to the course of action or process whereby accusations are brought
before a court of justice to determine the innocence or guilt of the accused. Under Philippine
jurisdiction it performs an executive functions since it is under the Department of Justice.
PROSECUTOR – a public official, serving the purpose of conducting preliminary investigation
to find probable cause, filing the information in court and proving in trial the guilt beyond
reasonable doubt by evidence and testimony of the guilt of the accused. In criminal cases,
they represent the government or the state in the prosecution, also referred to as “fiscal”.
PUBLIC ORDER CRIMES – acts that are deemed illegal because they challenge accepted
moral principles and threaten the general well-being of society.
REGIONAL TRIAL COURT – also known as the “courts of first instance”, they are Regular
Courts which is presided by any of the 720 Regional Trial Judges in each regions of the
country. Its jurisdiction of criminal cases are said to be general.
SAFEKEEPING – refers to the temporary custody of a person or the detention of the person for
his own protection or care to ensure from liability, harm, or injury, or danger.
SANDIGANBAYAN – is a special court which was established under PD 1606. Its rank is
equivalent to the Court of Appeals. It is a special court tasked to handle criminal cases
involving graft in corruption and other offenses committed by public officers and employees
in connection with the performance of their functions or the so-called service-connected
duties. The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5)
may sit at the same time. The first three divisions shall be stationed in the Metro Manila
Area, the fourth division shall be in Cebu City for cases coming from the Visayas Region,
and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao
region. Three justices shall constitute a quorum for sessions in divisions.
SENTENCED PRISONER – refers to a person who is convicted by a final judgment.
SOCIAL ALTRUISM – mutual and voluntary support systems that reinforce and strengthens
social and moral obligations.
SOCIAL DEFENSE – refers to all the systems and interplay of activities in the community
which addresses all the negative factors affecting the health, security and welfare of the
public e.g., natural calamities, disaster, famine, drought, criminality, health, epidemic, etc.
SOCIAL HARM – an assertion that behaviors harmful to other people and society must be
controlled.
SOCIAL REALITY OF CRIME – the analysis that the main purpose of criminology is to
promote a just and peaceful society.
STARE DECISIS – means to stand by decided cases.
STATUTE OF LIMITATIONS – it specifies or prescribed the amount of time by which action
must be taken by the state in a criminal matter.
SUPREME COURT – the court of last resort, the highest court of the land acting as final arbiter
on issues and cases before them. The Supreme Court is composed of one Chief Justice and

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fourteen Associate Justices, all of whom are appointed by the president from a list of
recomendees presented by the Judicial and Bar Council. The Supreme Court shall have
administrative supervision over all courts and the personnel thereof.
TERRORISM – an illegal use of threat and force against innocent people to achieve political
objectives.
VICTIM COMPENSATION – refers to damages awarded to the offended party in reparation
for a crime.
JUSTICE
JUSTICE is a social norm providing guidance for people in their dealings with one another;
as a standard against which actions are evaluated; and as a prescription for requirement that
people act justly. (Bird)
The criminal justice system is intended to deal with crime. It is expected to do so by applying
the law and producing results that approximate justice. Indeed, justice is the primary output of
the system and the bottom line of the process.
There are several Schools of Thoughts about justice:

a. Positive Law Theory
Justice is a creature of law made by men, or what is called Positive Law. No justice exists
apart from what law creates or mandates, there is no independent or abstract standard against
which the actions of people or manmade law itself can be judged. Thus, to speak of the injustice
of any law is nonsense. Actions are unjust if they violate or are contradictory to the law, and
JUSTICE is SERVED BY ADHERING TO THE LAW.
b. Social Good Theory

The so-called social good school of thought is very broad and contains philosophers who
disagree on many points. But they agree that JUSTICE is more that what one finds in positive
law, that there are standards or concepts of what is in the best interests of society, and that man
made laws can be judged against these standards or concepts and found lacking. These thinkers
do not look to metaphysical or divine sources, however, for these standards. Nor do they hold
these standards or concepts universal-that is, true for all time and in all societies and
circumstances. They argue that PRINCIPLES of WHAT is RIGHT and JUST may CHANGE as
social conditions and needs change and vary from society to society. But in social good theory
JUSTICE, while somewhat flexible, is an objective standard: that which serves the general or
social good. Thus in this view justice commands the allegiance and efforts of all those interested
in social peace, order and progress.
c. Natural Right Theory

This holds that a natural law exists that governs the affairs of men as much as it does the
phenomena of the physical universe. This law may be divine in origin, as Aquinas and Augistine
insist, but divine or not it is UNIVERSAL in application.
To natural rights theorist, JUSTCIE can be summarized by this rule: RENDDER TO
EACH HIS RIGHT OR DUE. This expression should be familiar since it is the predominant
theme should be familiar since it is the predominant theme sounded by writer and legal scholars.
SUBSTANTIVE and PROCEDURAL JUSTICE

Substantive and Procedural Justice is that which is concerned with how best to allocate,
distribute, and protect the substantive values of society. This values include power, wealth,
status, order, peace and whatever other “goods” a society cherishes. In the area of criminal
justice, the substantive issues concern which behaviors are to be made criminal violations and
what sanctions the law should provide for dealing with those who commit crimes.
Procedural Justice is that which is concerned with how the law is administered – in other
words, what mechanisms‟ or processes are used applying the law and making decisions in
specific cases. In criminal justice, the term refers to how offenders are brought before the bar

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justice and the procedures used in gathering and presenting evidence, determining the guilt or
innocence of the accused, and deciding on the sentence to be imposed on those convicted.
LAW: Instrument for Justice

Law is a major input to the criminal justice system. Law is society‟s primary instrument
for making known what acts are crimes and what sanctions may be applied to those who commit
acts defined as crimes.
Nature of Law
Not all law is criminal law, but in the beginning, all laws had its origin in a common
purpose. Hazel Kerper identifies this purpose as “The need for social control which comes about
whenever men begin to live together in groups.” Social Control means used in a society to
maintain itself as a coherent and functioning unit.
Law (definition) – that method of Social Control that is formally enacted or promulgated
by the agency or agencies of Government duly authorized in that society to make law and that is
subject to interpretation by and through the Courts.
Forms of Law ( distinct sources of law and legal principles )

1. Common Law – known in other countries as the body of principles, practices, usages, and
rules of action.
2. Statutory Law – a legislated law; or law made by legislatures.
3. Case Law – law made by justices in cases decided in the appellate courts especially by the
Supreme Court.
Types of Law
1. Civil Law – law which has something to do with such things as contracts, wills,
inheritances, marriage, property, divorce, adoption and the like, and with private injuries
which are called “Torts”.
2. Criminal Law – is that branch or division of law which defines crimes, treats of their
nature and provides for their punishment.
Criminal law has two distinct elements of which set it apart from other laws:
a. Its Major Purpose or Function – is the preservation of social order in the society. Civil
law is concern with the protection of individuals or private parties from other persons.
b. Sanctions – referred to as “satisfactions to the public”, which are imposed on the person by
the State.
The old cliché is that a person convicted „pays his debt to society‟. In other words,
society or the community as a whole exacts its satisfaction from the violator. This approach
contrasts with that of civil law, which requires the violator to make restitution directly to the
party who was injured.
Characteristics of Criminal Law as to its distinction from other laws:

1. Specific purpose of protecting and preserving social order and community values.
2. The provision that duly authorized government agencies will initiate the pursuit of legal
action against persons accused of violations.
3. The provision that sanctions will consist of punishment by or restitution to the state or
community.
The Criminal Justice System

Criminal Justice System throughout the world varies considerably. The Philippine Criminal
Justice System is distinct and unique compared to other countries. But all criminal justice
systems face common problems. They must decide what acts should be considered as crimes, on

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what punishment should be imposed on specific criminal acts, and the procedures to be followed
in dispensing justice.
Criminal Justice System or simply CJS is the system in the community charged with direct
responsibility for the prevention, reduction and control of crime. It is widely look upon as the
conglomeration of government agencies involved in the law enforcement, prosecution, defense,
adjudication, punishment and rehabilitation of all the means to enforce those standards of
conduct, which are deemed necessary to protect individual and to maintain general community
well being. CJS creates the laws governing social behavior, attempts to prevent violation of the
law, apprehends violators and judges punishes those who violate them.
CJS as a System
As a system, the Criminal Justice System is the machinery which society uses in the
prevention of crime. The process is the totality of the activities of law enforcers, prosecutors,
defense lawyers, judges and correction personnel, as well as those efforts of the mobilized
community in crime prevention and control.
It also has the following characteristics:

a. System have identifiable components
b. Each system constitutes an identifiable whole
c. The system‟s components are interdependent
d. Each system operates within an environment
CJS as a Process
As a process, CJS refers to the “orderly progression of events from the time a person is
arrested or taken out of the community, investigated, prosecuted, sentenced, punished,
rehabilitated, and eventually returned to the community.”
POLICE
COMMUNNITY PROSECUTION
CRIME
CORRECTION COURT
TERMS
1. Criminal Justice System- is the machinery which the society uses in the prevention of
crime. The process is the totality of the activities of law enforcers, prosecutors, defense
lawyers, judges and correction personnel, as well as those efforts of the mobilized
community in crime prevention and control.
- essentially is the system or process in the community by which crimes are investigated, and
the person suspected thereof is taken in to the custody of police, prosecuted in court and
punished if found guilty, provisions being made for their correction and rehabilitation.
- the totality of all concerted efforts and activities of all agencies involved in the prevention,
reduction and control of crime.

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2. Social defense- refers to all systems and interplay of activities in the community which
addresses all negative factors affecting the health, security and welfare of the public e.g.
natural calamities, disaster, drought, criminality, health epidemic.
3. Criminology – is the entire body of knowledge regarding crime and criminals and the efforts
of the society to prevent and repress them.
4. Criminological enterprise- refers to all disciplines involved in the study of crime and
criminals.
5. Corrections- are the process or system of taking care of the custody, treatment and
rehabilitation of all convicted persons or prisoners punished by law for the commission of an
offense.
6. Police – a body or civil authority, which is tasked to maintain peace and order, enforce law ,
protect lives and properties and insure the public safety.
7. Prosecution- the CJS pillar mandated by law to bring justice all criminal cases for
prosecution and prove guilt of the accused beyond reasonable doubt.
8. Court – a court is a body or tribunal officially assembled under authority of the law in which
judicial power is vested or the administration of justice is delegated.
9. Crime prevention- pertains to all government and non government activities or programs
designed to thwart, deter, preempt and stop the crime from happening.
10. Crime deterrence- refers to the political will of the state to punish all criminals in
accordance with law to serve a lesson for others to refrain from further committing crime.
11. Crime control- refers to restraining or isolating criminals behind prison to effectively
controlling them from further endangering the society thus protecting the public from harm
or damage.
Concepts of Criminal Justice system:

1. preventing the commission of a crime
2. enforcing laws
3. protecting, life, individual rights and property
4. removing dangerous persons from the community
5. Deterring people from indulging in criminal activities.
6. Investigating, apprehending, prosecuting and imposing penalty upon those who cannot be
deterred from violating the rules of society.
7. Rehabilitating offenders and returning them to the community as law abiding and useful
citizens of the society.
In the American Context, their criminal justice system is composed of only three
pillars:
a. law enforcement
b. court
c. correction
In the Philippine setting, the judicial subsystem is split into two such as court and
prosecution and was added the community described as a n informal component.
Five pillars of criminal justice in the Philippines :

1. law enforcement
2. prosecution
3. court
4. correction
5. community
STAGES OF THE CRIMINAL JUSTICE PROCESS

There are five (5) stages in the criminal justice process:
1. Arrest Stage

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2. Charging
3. Adjuducation (Trial_Judgmentb Stage)
4. Sentencing
5. Corrections
ARREST STAGE
The criminal justice process begins with the commission of a crime. But it is more accurate to
say that it begins with the DETECTION of crime. Detection is taken to mean not only observed
acts of crime but the results of a crime. If a crime is undetected or unreported, it obviously does
not enter the system. Even if it was already committed but is still undiscovered, it does not enter
the system.
There are two distinct sequences of steps following the detection of crime:
1. POLICE OBSERVATION – ARREST – BOOKING – INVESTIGATION
2. COMPLAINT – INVESTIGATION – ARREST – BOOKING
CHARGING STAGE
Police output in the form of an arrested or booked suspect becomes input into the charging
stage. The prosecution will decide whether the suspect will be tried for the commission of a
crime. At this point, evidence is evaluated, law is studied, and police officers and witnesses are
perhaps interviewed to assess the nature of the case and to decide whether the case will be
dismissed or be forwarded to the next stage.
ADJUDICATION STAGE
The input triggering this stage is the adjudication of the case before the court. Formal
charges are filed against the accused. At first, the suspect will be arraigned. ARRAIGNMENT
refers to the reading of charges against the accused and the declaration of his plea. The accused
may either plead GUILTY or NOT GUILTY to the charges. If the accused pleads guilty, lengthy
trial will be avoided and judge may sentence the accused. If the accused pleads not guilty, a trial
will be conducted. TRIAL refers to the presentation of the prosecution and the defendant of their
respective case and arguments before a court.
Defenses Against Criminal Charges

1. The Defense of Alibi – A defense of alibi is simply a CLAIM by the defendant that he or
she WAS IN ANOTHER PLACE when the crime occurred and therefore could not have
committed it.
2. The Defense of Insanity – The defense of insanity is a claim that the defendant should
be exonerated from criminal responsibility because she or he was (or is) suffering from a
mental condition or mental incapacitation.
3. The Defense of Instigation - if the defendant can establish that he or she would not have
committed the crime were it not for the encouragement or compulsion of law enforcement
agents, he/she is not criminally liable.
4. The Defense of Duress – This defense is based on the claim that the act was the result,
not of any intent on the part of the accused, but of threats of loss of life, limb, or loved one.
5. The Defense of Consent – The defense that the victim consented to the act for which the
accused stands charged.
6. The Defense of “Violation of the provisions of the BILL OF RIGHTS” – This defense
is invoked if the state or its agent violated the right of the defendant in obtaining evidence to
prove the latter‟s guilt. Such evidence is inadmissible in a criminal proceeding.
SENTENCING STAGE
A conviction becomes the input of the fourth stage; Sentencing. In sentencing, the judge will
consider all circumstances surrounding the case and it is his duty to apply the provisions of the
law in rendering punishment or sentence against the accused.

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There are two aspects of sentence:

1. Type – refers to the facility or program to which the defendant is assigned such as:
a. Facilities for Incarceration
b. Parole and Probation Programs
c. Juvenile Corrections
2. Severity – refers to the length of jail service or amount of fine imposed.
APPEAL
A person convicted by a trial court may appeal his conviction to a superior court if he feels
that the judgment rendered is erroneous. The accused has the right within fifteen (15) days to
appeal from the judgment of conviction.
He can always appeal a judgment of conviction but the state, through the prosecution cannot
appeal a judgment of acquittal (People vs Velasco). The offended party (crime victims) can
always appeal, whether from a judgment of conviction or of acquittal or dismissal but in respect
only to the civil liability (Martinez vs Court of Appeals)
CORRECTION STAGE
This stage involves the convicted person‟s serving of the sentence imposed. It is the stage
where the offender will be reformed and rehabilitated prior to his reintegration in the community.
THE FIVE PILLARS IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
1. The Police or Law Enforcement Pillar
2. The Prosecution Pillar
3. The Court Pillar
4. The Correction Pillar
5. The Mobilized Community Pillar
THE LAW ENFORCEMENT PILLAR
The History of Policing

The early method of policing comes into existence when a ruler or king creates a law to
protect his constituents. The earliest code ever known in the history of LAW and POLICING is
the HAMMURABI`S CODE. This code is made and enforces by King Hammurabi of Ancient
Egypt and Mesopotamia to protect his people not only from enemy of his kingdom but from the
lawbreakers of the society. The SHANG DYNASTY of China uses to adopt also the same
method of protecting their constituents.
In early Roman times, from about 100 BC to AD 200, CENTURIONS were used in both
military and paramilitary units for policing purposes. Centurions usually commanded units of
100 men and were used for policing and combat. There is some evidence that in about AD 100,
the Romans established the first professional investigative units in Western history known as
FRUMENTARII. The Frumentarii had three(3prinicipal duties, they are:
1. to supervise grain distribution to Rome`s needy;
2. to oversee the personal delivery of messages among government officials;
3. to detect crimes and prosecute offenders.
THE SHERIFF AND FRANKPLEDGE SYSTEM

One of the greatest pertinence to American policing system is what transpired in early
England at or about the time of Norman Conquest in 1066. English jurisdiction was divided into
Shires, the equivalent of present day countries. The chief law enforcement officers in shires were
called REEVES. Thus, each shire has reeve. The Shire-reeves were actually agents of the King
of England and collected taxes in addition to maintaining the peace.The shire-reeve subsequently
yielded the term with which we are familiar now, the SHERIFF.
Policing function during this period were shared among community residents. The
Norman Conquest ushered in FRANKPLEDGE SYSTEM, which required loyalty to the King

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and spread the law and order responsibilities among the people. The Frankpledge system directed
the neighbors to form small groups to assist and protect one another against criminal. The most
significant event in law enforcement in early 1800`s was the establishment of Metropolitan
Police of London in 1829 by SIR ROBERT PEEL, the British Home Secretary. This
organization was formed in an era of police reform.
THE AMERICAN SYSTEM

It is especially important to understand that the New English police organization and its
policing method increasingly influenced law enforcement agencies in the United States during
the early 1800`s. In fact, in 1844 the New York Police department modeled its own organization
in London. By the late 1850`s many other cities including Chicago, Boston, Baltimore,
Philadelphia, New Orleans and New York had patterned their law enforcement organization in
London. Today, many contemporary police department in the United States continue to emulate
in a general way this early British Police organization.
THE PHILIPPINE POLICING SYSTEM

No available record of the early or pre-Spanish policing system. But as far as law is
concern, the Code of Kalantiao and Maragtas had been in the forefront of the early policing
system in the Philippines. Kalantiao and Maragtas are known rules of some islands in the
Archipelago, Rulers in the country before the Spaniards came are known as Hari, Datu, Sultan
and Rajah. They have their own method of protecting their citizenry and cops against enemy and
wild animals. The criminal justice process also at this period are solely lies on the hand of the
rulers and his advisers.
Police functions during the Spanish Regime:
a. Suppression of brigandage by patrolling unsettled areas
b. Detection of local or petty uprising
c. Enforcement of the tax collection, including church revenues.
Police forces organized during the Spanish regime were:

a. Carabineros de Seguridad Publico (Mounted Police): this was organized in 1712 for the
purpose of carrying out the policies of the Spanish government. Carabineros were armed and
considered as the mounted police. Later, they discharged the duties of a port, harbour and
river police.
b. Guardrilleros: this was a body of rural police organized in each town that was created by
the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-
bodied male inhabitants of each town or province and each member should serve for at least 3
years.
c. Guardia Civil : this was the police organization created by the Royal Decree issued by the
Spanish crown government on February 12, 1852. It relieved the Spanish Peninsular Troops
of their works in policing towns. It consisted of a body of Filipino Policemen organized
originally in each of the central provinces of Luzon under the command of ALCALDE
(Governor).
During the Japanese Occupation, the Japanese Military Police known as “Kempetai” was
held responsible in maintaining peace and order in Manila. The Manila Police, which was
created during the first American occupation, was renamed into Metropolitan Constabulary.
Kempetai ruled the urban areas until Gen. Douglas McArthur returned on February 7, 1945.
The first American Occupation in the Philippines came after the Filipin-American War
(1898-1901) was followed by a period of political ferment and social imbalance. The important
features of this period are:
a. Insular Police Force was established on Nov. 30, 1890 during the Filipino-American war
(1898-1901) upon the recommendation of the Philippine Commission to the Secretary of
War.

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b. Another Insular Police Force was created on July 18, 1901 by virtue of ACT # 175, titled as
“AN ACT PROVIDING FOR THE ORGANIZATION AND GO0VERNMENT OF AN
INSULAR CONSTABULARY”
c. Manila Police Department was organized on July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police was CAPT. GEORGE CURRY.
d. Philippine Constabulary (PC) was formally established on Oct 03, 1901 by virtue of Act #
255. CAPT. HENRY T. ALLEN was the 1st Chief of the Philippine Constabulary. The PC
was manned mostly by Filipinos but officers were mostly Americans.
e. Revised Administrative Code of 1917 was approved a year before World War I (August
1914-November 1918) ended. In section 825 of this law, it stated that the Philippine
Constabulary is national police institution for preserving the peace, keeping order and
enforcing the law.
f. In November 1938, Act # 181 required the creation of a Bureau of Investigation. This
agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, RA 157 was enacted which created the
National Bureau of Investigation.
During the Post World War II, the following are important dates and events:
a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that NBI is both an investigative and research
service agency.
b. On January 1, 1964, the Rules of Court took effect. This procedural law was construed in
order to promote the broad objective of the criminal justice system and to assist the parties in
obtaining just, speedy, and inexpensive determination of every action and proceeding.
c. On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of 1966 was
enacted. The law created the office of the Police Commission (which was later called
National Police Commission) under the office of the President. Originally, the POLCOM was
created as a supervisory agency to the PC. Its function is to oversee the training and
professionalization of the local police forces. Through this law, reformation and
professionalization of the police service gained official recognition.
d. On August 8,1975, Presidential Decree # 765 was enacted and stipulated that the office of the
NAPOLCOM should be under the office of the Ministry of National Defense. It defined also
the relationship between the Integrated National Police and the Philippine Constabulary. This
was in compliance with the provisions of Section 12, Article 15 of the 1973 Philippine
Constitution.
e. On December 13, 1990, Republic Act # 6975 was approved by then President Corazon
Aquino. This law is known as the DILG Act of 1990 and but it is also recognized as The PNP
Law of 1991. This law created the Philippine National Police and declared it to be the only
police force of the country with national scope and civilian in character.
f. On February 25, 1998, the provisions of Republic Act # 6975 concerning the PNP were
amended when Republic Act # 8551 was approved by President Fidel Ramos. RA # 8551,
known as the PNP Reform and Reorganization Act of 1998, reorganized the PNP for the
purpose of reforming or professionalizing it.
OTHER PERTINENT FACTS REGARDING THE HISTORY, CREATION AND

DEVELOPMENT OF THE POLICE IN THE PHILIPPINES
 December 10, 1898- the Spanish Government ceded the Philippines to the U.S.
 May 4, 1899- the Schurman offers to Aguinaldo a plan of self- government. One important
point is the self-policing system in the Philippines.
 January 21, 1901 – the Department of Public Instruction was created. The DPI becomes the
basis for the United States to create the Western Police Districts (WPD) to police the Manila.
 July 31, 1901- Act No. 183 was passed. This act is the law that created the WPD. The first
chief of police for Western POlice District is Capt. GEORGE EASTMAN CURREY.

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 MARCH 20, 1917- The Revised Administration code of the Philippines was approved. Under
Sec. 2275, Book III, Title IX provided for the creation of policemen in any city or
municipality thru the approval of the Provincial Governor of a town is infested with:
A. outlaws; b. lawbreakers; and c. suspicious looking characters.
 January 2, 1942- WPD was captured and re-named METROPOLITAN CONSTABULARY
by the Japanese imperial Army.
 1944- The Philippines was liberated. All police forces were again under the control of the U.S
Army. WPD was again reconstituted under the leadership of COL. MARCUS ELLIS JONES.
 R.A 541 – a law that created to improved the Police Service by the Congress.
 R.A 4864- the Police Act of 1966
 Proclamation 1081- Martial law
 PD 765- The Integrated National Police (INP) Law
 R.A 6975 – The Philippine national Police ( PNP) Law
 R.A 8551- The PNP Reorganization and Reform Law
On the other hand, the PNP ( Police, fire and jail services) strives to:
a. PROTECT LIVES AND PROPERTY;
b. ENFORCE LAW AND MAINTAIN PEACE AND ORDER;
c. PREVENT CRIMES;
d. EFFECT THE ARREST OF CRIMINAL OFFENDERS AND PROVIDE FOR THEIR
DETENTION
e. AND REHABILITATION;
f. INVESTIGATE THE COMMISSION OF ALL CRIMES AND OFFENSES;
g. BRING OFFENDERS TO JUSTICE
h. TAKE MEASURES TO PREVENT SND CONTROL FIRES;
i. TAKE ALL NECESSARY STEPS TO INSURE PUBLIC SAFETY.
The Role of Police in Criminal Justice System

Basically, the role of police in any community is CRIME PREVENTION. AS the most
visible components of governmental authority, the presence of uniformed policemen constantly
patrolling the neighborhood gives a psychological feeling of security to the law abiding citizen,
but a feeling of fear to the would be violator. Simply , PEACEKEEPING is the ultimate goal of
LAW ENFORCEMENT.
The Policemen, in the performance of his multifarious task is responsible for bringing all law
violators in court, but while doing so, he is compelled to observe their constitutional rights. Thus,
it can be observed that the police INITIATE the criminal justice process by the arrest of the law
violator, the police is the PRIME MOVER of the CJS, that without the police the system is at
STANDSTILL.
THE EXERCISE OF POLICE DISCRETION

Conceptually, DISCRETION is the wise use of one`s judgment, personal experience and
common sense to decide a particular situation. Aside from the wise use of discretion, the police
are further trained on self-discipline and self-reliance. The police, specifically policemen on the
beat work alone. He has no one to rely upon when confronted a puzzling situation. Hence, he
must be a DECISION- MAKER.
Police processes: A major chain in the CJS:

a. CRIME DETECTION
There are several ways in which crimes come to the attention of the police:
1. Receipt of citizen complaints or calls for assistance.
2. Receipts of signals from alarm devices
3. Observation of officer on patrol of suspicious behavior, a crime in progress, or the
aftermath of a crime.

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4. Observation of the Planning or execution of crimes by pro-active measures – measures

through which police seek to detect crimes, or attempts to be present when they are
committed, through the use of the undercover agents, electronic devices for wiretapping or
bugging, stakeouts.
Response Time
When dealing with crimes detected by calls or alarms, a key element in whether the crime
will be solved and the culprit caught may be the Time that Elapses Between Receipt of the Call
or Alarm and The Arrival of Responding Officers at the Crime Scene. This is known as
Response Time, and the shorter it is, the better.
b. CRIME INVESTIGATION– it is the police activity directed toward the identification and
apprehension of alleged criminals and the accumulation, preservation and presentation of
evidence regarding their alleged crimes.
Activities:
1. Preliminary/initial investigation-is the initial beginning phase of a systematic inquiry into
an alleged crime.
Whether suspects are apprehended or not, the actions taken by patrol officers and their
preliminary investigation and report are crucial since all crime conditions will never be
completely re-created. Patrol officers conduct all preliminary investigations in all but the
most serious or complicated cases.
2. Follow up investigation-is an extension or continuation of the preliminary investigation
will determine if available information and evidence is legally admissible in court.
c. APPREHENSION OF SUSPECTS - an arrest is made by an actual restraint of a person to
be arrested, or by his submission to the custody of the person making the arrest. No violence
or unnecessary force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint that is necessary for his detention.
Warrant of arrest- it is an order in writing issued in the name of the people of the
Philippines, signed by judge and directed to peace officer, commanding him to take a person
into custody in order that he may be bound to answer for the commission of an offense.
Search warrant- it is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search
for personal property describe therein and bring it before the court(RoC Rule 126 sec. 1)
Probable cause- refers to such facts and circumstances that would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that the object
sought in connection with the offense are in the place sought to be searched.
Validity of search warrant – a search warrant shall be valid for ten days from its
date. Thereafter it shall be void (Rule 126 sec 10)
The warrant must direct that it be served in the daytime, unless the affidavit, unless
the affidavit asserts that the property is on the person or in the place ordered to be searched,
in which a case a direction may be inserted that it be served at any time of the day or night.
(RoC, Rule 126, Sec.9)
Warrantless Search and Seizure There are several instances where a search
may lawfully be made without a warrant.
 Where there is consent or waiver. (People vs. Malasugui, 63 Phil. 223)
 Where a person voluntarily submits himself to a search, a warrant therefore is
unnecessary. And if a person failed to object at the time of the search, it is presumed that
he consented to the search.
 Where search is an incident to a lawful arrest. (Alvaro vs. Dizon, 76 Phil. 837)

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A person lawfully arrested may be searched, without a search warrant, for dangerous
weapons or anything which may have been used or constitute proof in the commission of an
offense.
The Plain View Exception

Where, without a search, the possession of articles prohibited by law is disclosed to plain
view or is open to eye and hand. And where an article is already in “plain view”, neither its
observation nor its seizure would involve any invasion of privacy. Such an article may therefore
be seized without a search warrant. This exception applies only where a police officer is not
searching for evidence against the accused but nonetheless inadvertently comes across such
evidence whose incriminating nature is immediately apparent.
Checkpoint Searches. “Stop-and-Search” at military police checkpoints has been upheld
by our Supreme Court and therefore suspicious behavior during routine inspection and
questioning at these checkpoints may provide the probable cause to justify more extensive
search.
Method of Search. Like a warrant of arrest, a search warrant is enforceable by forcible
methods where resistance is offered.
d. CASE PREPARATION- this is the process of bringing together in an organize and logical
manner all evidence collected during the investigation of a crime and present it to the
prosecutor. The investigator must be able to present to the prosecutor and prove before the
court the CORPUS DELICTE.
Government law enforcement Agencies in the Police pillar

The executive branch of the government is responsible for executing the laws of the land.
In the process of enforcing them, the agencies, bureaus and departments under it are involved as
part of the police pillar which includes the following:
1. Bureau of Immigration (BI) - an attached agency under the department of Justice, is tasked
to enforce immigration laws.
2. Land Transportation Office (LTO) - regulates land transportation industry and enforces
land transportation laws.
3. Bureau of Customs- under the department of finance is tasked to enforced the immigration
laws and tariff duties in all Philippine airports and seaports nationwide.
4. Bureau of Internal Revenue (BIR) – is under the Department of Finance which enforces tax
laws and regulations.
5. Bureau of Foods and Drugs (BFAD) – is under the Department of Health which enforces
and regulates manufacture of food and drugs.
6. Bureau of Quarantine – is under the Department of Health which empower to enforce
measures to stop, control and monitor the spread of disease by conducting quarantine on all
air and seaports across the country.
7. Maritime Industry Authority (MARINA) – regulates the maritime and shipping industry. It
oversees the sea worthiness of all sea-going vessels.
8. Optical Media Board (OMB) – formerly known as Videogram Regulatory Board, the OMB
operates against the proliferation of fake and pirated VHS, DVD, VDC or CD tapes.
9. Intellectual Property Office (IPO) – IPO, an interagency attached under the Department of
Trade and Industry operates against the intellectual property and copyright laws.
10. Movie and Television Review and Classification (MTRCB) – operates against pornography
films shown on television and movie house.
11. Department of the Environment and Natural Resources (DENR) – operates against illegal
logging.
12. Banko Sentral ng Pilipinas (BSP) – regulates banking industry and enforces banking laws.
Investigates arrest and prosecutes counterfeit currency manufacturers and passers.

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13. Intellectual Property Office (IPO) – this agency is under the Department of Trade Industry.
Its Mission is to enforce all laws pertaining to the Intellectual property and
apprehend/prosecutes violators thereof.
THE PROSECUTION PILLAR (FISCAL)-

Within the Philippine legal context, the prosecutor ( formerly known as fiscal) occupies a
unique position in the criminal justice system. Serving as the lawyer of the state/ government. In
criminal cases, the prosecutor is automatically considered an officer of the court; and at the
same time, the prosecutor is formally a member of the Department of Justice, under the
Executive branch of Government, and thus, independent from JUDICIARY nor COURT
PILLAR.
Prosecution: Its Conceptual Meaning

Prosecution is the process or method whereby accusations are brought before a court of
justice to determine the innocence or guilt of the accused. It is also the institution for
continuation of a criminal suit involving before a legal tribunal and pursuing to final judgment
on behalf of the state or government.
THE PROSECUTOR AND THE POLICE

The prosecutor, like the police has wide latitude of DISCRETION. In fact, in the most
cases, the prosecutor has absolute, unrestricted discretion in the performance of his duties.
Prosecutorial discretion typically enters the picture immediately after the arrest, when police
investigative reports are forwarded to the prosecutor for review.
The prosecutor screens and evaluates the document in order to decide whether to accept
or reject the case for prosecution. Hence, the action for prosecution is dependent upon the
initiatory action, whereby the criminal justice system relies on :
a. the certainty of arrest by the police
b. the certainty of conviction by effective prosecution
c. the certainty of appropriate sentencing by the court
THE PROSECUTORIAL DUTY

The effectiveness of the prosecutor is dependent upon the immediate and full cooperation
of the arresting officers so that case could receive immediate prosecution action.
Because of an immediate working relationship between police and prosecutor, this gives
the prosecutor an opportunity to be involved in the investigative process in order to:
a. Evaluate the legal strength of the case
b. Review the action taken by the police while the facts are still fresh
c. Make better and informed decisions concerning the states course of action.
Nevertheless, inspite of such safeguards, the strong desire in an individual Prosecutor for
financial comfort, coupled with presence of the following discretionary prosecutorial
opportunities is a tempting inducement to commit misconduct:
 deciding whether to prosecute
 Dropping multiple counts
 Terminating Prosecution thru Nolle
 Making sentencing recommendations
 Prosecuting on reduced charges
 Plea bargaining
On the other hand, if the prosecutor decides to accept the case, he issues a complainant/
information upon which the suspect is arraigned before a judge. This Is also known as selective
prosecution because, the prosecutor does not have the Option to select but more so influenced by
the following favorable legal factors to attain conviction;
o The legal strength of the case
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o The suspect is in fact guilty

o The willingness of the witnesses to testify
o The likelihood that the prosecutor can legally proved the defendant`s guilt
MOST COMMON TERM USED IN PROSECUTION PILLAR

1. Nolle--is request made by the prosecutor to the court for approval to terminate further
criminal prosecution against the suspect.
2. Arraignment is a legal mechanism whereby the accused is brought before the court wherein
the clerk of the court reads the complaint against him in the presence of his lawyer, the
prosecutor in which the accused has to pronounce his plea.
3. Plea-Bargaining the process of discussion between the defense counsel and
prosecutor aimed at reaching an arraignment whereby the prosecutor uses discretion
to obtain from the judge a lighter sentence in exchange for the dependents entering as
guilty plea.
4. Complaint is a sworn statement charging a person with an offense, subscribed by the
offended party, any peace officer or public safety officer charge with the enforcement
of the law.
5. Information-is a formal written accusation made by the prosecutor and files in court, alleging
that a specified person has committed a specific offense.
6. Preliminary Investigation-- is aninquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a crime cognizable
by the Regional Trial court has been committed and the respondents probably
guilty hereof.
7. Prosecution-is made up mainly the State Prosecutors in the national, regional and city or
provincial level and the National;
AGENCIES INVOLVING PROSECUTORIAL TASK

o The National Prosecution Service [NPS]
o Office of the Ombudsman
o Judge Advocate General`s Office
Determine the probable cause, the prosecution pillar is made up mainly the State
Prosecutors in the national, regional and city or provincial level and the National; Prosecution
service under Department of Justice. It s main functions are the following :
a. conducts inquest procedure.
b. determine probable cause through preliminary investigation,
c. Issues subpoena
d. administers oath
e. recommends the dismissal and or filing of criminal charges
f. Prosecute criminals and represents the State in all criminal proceedings.
Preliminary investigation- is an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well founded belief that a crime cognizable by
the Regional Trial court has been committed and the respondents probably guilty hereof.
Purposes of Preliminary investigation:

1. to protect the innocent against hasty, oppressive and malicious prosecution.
2. To secure the innocent from open and public accusation of trial, from trouble expense
and anxiety of a public trial
3. To protect the state from useless and expensive trials.
Procedures of Preliminary Investigation:

1. Filing of a sworn complaint-affidavit together with supporting documents.

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2. No ground to continue with the inquiry dismissal of the complaint; with ground to continue
with inquiry-subpoena respondents.
3. Submission by the respondents of sworn counter-affidavit within 10 days from the receipt
of subpoena.
4. investigating officer may set a hearing to profound clarificatory questions.
5. Thereafter the investigating officer issues the resolution within 10 days to the provincial
city prosecutor/Chief state prosecutor.
6. city provincial prosecutor/chief state prosecutor acts on the recommendation within 5 days.
Officer authorized to conduct Preliminary Investigations:

1. Judges of the Municipal Trial courts
2. Judges of the Municipal Circuit Trial courts
3. National and Regional State prosecutors
4. Provincial and City Prosecutors
5. Such other officer that may be authorized by law.
Probable Cause: Object of Preliminary Investigation

Paramount to the prosecutor‟s role is to establish at the initial stages that a “probable
cause” exists that a crime has been committed. This requires close coordination with
investigating agencies – the Philippine National Police (PNP), the National Bureau of
Investigation, and quasi-judicial bodies empowered to conduct investigation.
Probable Cause is the existence of such facts circumstances as would exile the beliefs,
in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that a person
charge was of the crime he was prosecuted. As a ground for issuance of a warrant of arrest,
Probable Cause is such facts and circumstances that would lead a reasonably discreet and
prudent man to believe that the person sought to be arrested has committed an offense. As a
protection against false prosecution and arrest, Probable Cause is the knowledge of facts, actual
or apparent, strong, strong enough to justify a reasonable man in the belief that the lawful
grounds for arresting the accused.
 Inquest procedure – is an inquiry made by the prosecutor to determine the legality of the
arrest made especially those arrests made without warrant.
 Prosecutorial discretion-is the prudent use of judgment exercised by the investigating
fiscal or prosecutor in determining the existence of probable cause during preliminary
investigation.
 Complaint-is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public official charge with the enforcement of the
law violated.
 Information-is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Who Must Prosecute Criminal Actions?

All criminal actions commenced by a complaint or information shall be prosecuted under
the direction and control of the prosecutor.
When is Complaint or Information Sufficient?

A complaint or information is sufficient if it states the name of the accused; the
designation of the offense given by the stature; the acts or omissions complained of as
constituting the offense; the name of the offended party; the approximate date of the commission
of the offense; and the place where the offense was committed.
When an offense is committed by more than one person, all of them shall be included in
the complaint or information.
THE COURT PILLAR(CENTER PILLAR)

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Situated between the prosecution and correction, the court is the CENTERPIECE of the
five pillars of the criminal justice system. As such, the court performs, perhaps the most
important role in the administration of the criminal justice because;
o It is the court that everyone turns for justice;
o It is responsible for applying the criminal law against the offender who commit crimes, at
the same time protecting the same law violators from the violations of their rights by
criminal justice agents.
Judicially, as the third pillar of the criminal justice system, the court is looked upon as;
1. The final arbiter for justice;
2. The front line defender of democracy, freedom and human dignity;
3. The only institution capable of identifying and maintaining the proper balance between
conflicting rights of individual and those of the state & society.
Since the very object of the court is to put an end to litigation and cases should be disposed
on one way or another to unclog court dockets, the act reorganizing the judiciary was enacted.
This is known as the JUDICIARY REORGANIZATION ACT OF 1980( known as BP Blg.
129). This law provides for the reorganization of all the courts except the Supreme Court, the
Sandigangbayan and the Court of Tax Appeals. The new courts created under this act are:
o The Intermediate Appellate Court – in lieu of the Court of Appeals
o Regional Trial Court ( RTC)- in lieu of Court of First Instance, Circuit Criminal Courts,
Juvenile and Domestic Relation Courts, and Court of Agrarian Relations .
o Metropolitan Trial Courts- in lieu of City and Municipal Courts in Metropolitan Area.
o Municipal Trial Courts ( MTC) and Municipal Circuit Trial Courts ( MCTC)- in lieu of City
and Municipality, which do not form part of a metropolitan area.
Prior to the enactment of BP Blg. 129, indiscriminate filing of cases in the court of justice
was noted. In order to relieve the court of docket congestion causing deterioration in the quality
of Justice, a decree establishing system of amicably settling disputes at the barangay level was
created known as the KATARUNAGANG PAMBARANGAY under Presidential Decree 1508.
Its objectives are as follows:
o To obtain just, speedy and Inexpensive amicable settlement of disputes at the barangay
level;
o To preserve and develop Filipino culture;
o To strengthen the family as a basic social institution.
Composition:
o Barangay Captain as Chairman
o Not less than 10 nor more 20 members of the LupongTagapagkasundo ( conciliation
panel).
o 3 members for the PangkatngTagapagkasundo to be chosen by both parties as
o members as mediators in amicable settlement.
Subject Matter for Amicable Settlement:

All disputes may be subject of proceeding for amicable settlement, except:
o Where parties involve reside in barangay of different cities or municipalities unless such
barangay adjoin each other;
o Where disputes involve real property located in different cities and municipalities;
o Where one party is the government or any subdivision or instrumentality thereof;
o Where one party is a public officer or employee and the disputes relates to the
o performance of his official functions;
o Offenses punishable by imprisonment exceeding 30 days or a fine exceeding P200.00 ( now
1 year or a fine exceeding P5,000.00).
o Offenses where there is no private offended party;

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o Such other classes of disputes which the President, may in the Interest of Justice, determine
upon recommendation of the DOJ & Local Government.
Venue for Settlement:

The place of settlement shall be subject to the following rules;
o Where the parties resides in the same barangay, the disputes shall be settled in the same
barangay;
o Where parties resides in different barangay in the same city or municipality, the dispute
shall be settled in the barangay in the same city or municipality, at the choice of the
complaints; disputes involving real property shall be brought for settlement in the barangay
where the real property or any part thereof is situated.
THE REPUBLIC ACT 7691

This is the Act that expanded the jurisdiction of Metropolitan Trial Court, Municipal trial
Court and Municipal Circuit trial Court.
a. Criminal Jurisdiction of the metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts has been increased to cover offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine. A a consequence, the RTC`s have
no more jurisdiction over offenses committed by public officers and employees in relation to
their office where the offense is punishable by four(4) years and two (20 months up to six( 6)
years.
b. In cases, where the only penalty provided by law is a fine, the MTC`s, MCTC`s, and
MTC`s shall have jurisdiction if the fine imposed is not more than P 4,000.00.
c. This rule does not apply to offenses involving damages to property through criminal,
negligence irrespective of the amount of imposable fine. Such offenses are under the exclusive
jurisdiction of the MTC`s, MCTC`s and MTC`s.
THE REPUBLIC ACT 8493 ( The Speedy Trial Act)

This act was enacted to ensure speedy trial of all criminal cases before the Sandigan
Bayan, Regional Trial Court, Metropolitan Trial court, Municipal Trial Court, Municipal Trial
Court and Municipal circuit Trial court. Under this Act, the following section gives on the
speedy revolution of cases.
a. Section 2.- Mandatory Pre- trial in Criminal Cases.
After an arraignment, it is mandatory for the judge to issue an order for the pre-trial
conference to consider the following:
o Plea Bargaining
o Stipulation of facts, Admission of Facts and documents to avoid unnecessary proofs.
o Markings of identification of evidence of parties.
o Waiver of objection to admissibility of evidence.
o Such other matters that will promote fair and expeditious trial such as;
1. simplification of issues
2. limitation of numbers of witnesses
b. Section 3- Time limit of trial

In criminal cases except those subject to the Rules on Summary Procedure or when the
penalty prescribed by law does not exceed six months imprisonment or a fine of P 1,000.00, the
case is scheduled for continues trail on a weekly or other short term trial calendar at the earliest
possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one
hundred and eighty days (180) from the first day of trial except otherwise authorized by the
Chief Justice of the Supreme Court.
c. Section 7.- Time Limit Between filing of Information and Arraignment and Between
Arraignment and Trial.

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o Arraignment of accused shall be within 30 days from the filing of information or from the date
the accused appeared before the court.
o If pleaded not guilty, the accused shall have at least 15 days to prepare for trial.
o trial shall commence within 30 days from arraignment as fixed by court.
o Section 3.- Time and Limit Following an order of New trial
If the accused is to be tried again following an order of the court for new trial, the trial shall
commence 30 days from the date the order of new trial becomes final, except when the court
retrying the case may extend such period, but not exceed 180 days from the date of the order for
New trial.
Ground to consider for New trial;

o That error of law or irregularities has been committed during the trial prejudicial to the
defendants.
o That new material evidence has been discovered.
THE COURT PILLAR

The centerpiece of the CJS and the final arbiter of the law, the Courts are made up of the
Supreme court and such other inferior courts in the land such as the court of Appeals, Regional
trial courts, city and municipal trial courts. Its main functions are the following:
o issues search and warrants
o conduct preliminary investigation
o conduct arraignment
o Pretrial and trial proper
o renders judgment
o adjudicate penalty and sentencing
o resolves appeals cases, legal issues and controversies.
Court is also a government institution which decides disputes between citizen and between
citizen and government.
Jurisdiction- the power to try and decide or hear and determine a cause.
Venue-the site or location where the case is to be tried on the merits.
Judgment-it is the adjudication by the court that the accused is guilty of the offense charge
and the imposition of proper penalty provided for by the law against the accused.
Administration of justice- refers to the determination of the facts of the case based on
submitted evidence and the application of laws to such facts as presented by evidence to settle
and decide a case.
Composition of Philippine courts:

Regular courts
1. Supreme court
2. Court of Appeals
3. Regional Trial courts
4. metropolitan trial courts
5. Municipal Trial Courts
6. Municipal trial Courts in cities
7. Municipal Circuit trial courts
Special Courts:
1. Sandigan Bayan
2. Court of Tax Appeals
3. Shari‟a district courts
4. Shari‟a Circuit courts
Collegiate course:

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1. Supreme court
2. Court of appeals
3. Sandigan Bayan
4. Court of Tax appeals
Lower courts:
1. Court of appeals
2. Sandiganbayan
3. court of tax appeals
4. Regional trial courts
5. Metropolitan trial courts
6. regional trial courts
7. Municipal trial courts in cities
8. Municipal circuit trial courts
9. Shari‟a disctrict courts
10. Shari‟a circuit courts.
THE CORRECTION PILLAR-

The term Correction could mean two separate meanings. First, it is the institution that
provides community‟s official reaction to a convicted offender, such institution is a branch of the
administration of criminal justice, charge with the responsibility for custody, supervision and
rehabilitation of the convicted offender.
Second, it is a study of methods that have been and are employed for the punishment and
deterrence of such behavior and a study of efforts to accompany the punishment with measures
that are intended to change or correct offenders. Both definitions come from the meaning of
Penology, which means, a part of the science of criminology which scientifically studies the
principle of punishment and the management of prisons, reformatories and other
confinement units. The birth of penology is also considered the birth of a humane approach
in the administration of justice.
Correction stands as the fourth pillar of the components of our criminal justice system.
Where some people viewed it as the weakest pillar among the pillars of criminal justice. This is
due to an assumption that correctional institutions cannot rehabilitate offenders, which is
manifested through the increase of criminalities and recidivism. But, the fact is nobody
wants nor loves to be imprisoned, nobody wants their freedom be curtailed. If one commits
a crime we scientifically explain it why he commits crime, and not allege that it is due to
some failure of our criminal justice system, that pushes the individual to commit crime.
Correction denotes its concern and operates as society‟s primary formal dispenser of
punishment. Corrections, however, is more than simply a nice term for punishment. The root
of the word implies and focuses on correcting a problem or series of problems in society. It has
come to stand for a broad category of activities ranging from the incarceration of offenders, to
assisting ex-offenders in securing employment and education in the community to provide
assistance for the victims of crimes. These systematic and organized efforts directed by society
that punished offenders, protect the public from offenders, change the offender‟s behavior, and in
some cases compensate victims. Thus, evolving within the milieu of social control that keeps to
work though the ambit of social justice where its insights is located to keep at pace the norms of
human behavior in particular and social norm in general.
Correction assumes custody and rehabilitation of convicted criminals. It main functions are
the following:
a. Custody of the convicts
b. Isolation and confinement
c. Treatment, reformation and rehabilitation
d. Reintegration and preparation for the release of prisoners.
Correction is entrusted for the custody and safekeeping and rehabilitations of all convicts so that
the ends of justice are achieved.

J.D./2016
Correction- refers to the confinement and treatments of adult offenders and juvenile
delinquents.
Corrections occupy the fourth pillar of the CJS, which is mandated to provide and effective and
humane treatment, reform and rehabilitation programs in accordance with the rules set by the
Constitution and UN rules standard for the prevention of crime and the treatment and
rehabilitation of offenders in the Philippines.
Purpose of Correction
1. PUNISHMENT- synonymous to correction, particularly in cases that involve serious crimes.
Every wrongful act committed there is always a law providing for its punishment.
2. DETERRENCE - next in importance as a meaningful principle of corrections. This is done
in order that others are deterred to commit crimes, 7 no one must imitate the said act.
3. ISOLATION- is simply another form of incarceration. This is the principle of separating the
rotten apples from the good apples to prevent contamination.
4. REHABILITATION- is another goal of correction, which lately received attention because
of the new perspective of penology. Once the offender`s problem are diagnosed and
classified for treatment, the offender can be corrected by the right psychological or physical
therapy, counselling, education or vocational training.
5. REINTEGRATION- is the latest philosophical basis for corrections wherein the offender is
reintroduced to the free community.
Social justification of Penalty

1. Prevention – the state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal acts of the offender.
2. Self- Defense – the state has a right to punish the criminal as a measure of self-defense so
as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished by state as an act to deter others from committing
crimes.
5. Justice – that crime must be punished by the state as an act of retributive justice, a
vindication of absolute right and moral violated by the criminal.
Purpose of Penalty
1. Retribution or Expiation – the penalty is commensurate with the gravity of the offense
as a matter of payment for the damage done.
2. Correction or Reformation – as shown by the rules which regulates the execution of the
penalties consisting in deprivation of liberty, thereby giving chance for his reformation.
3. Social Defense – as shown by its inflexible severity to recidivist and habitual
delinquents. Society must provide the welfare of the people against any disorder in the
community.
TYPES OF CORRECTIONS
1. CONTEMPORARY CORRECTIONS. – Also known as traditional type of correction and

institutional correction. This type of correction is being carried by housing the convicted
defendant in an institution to carry out the meted punishment such as imprisonment.
The following are institution that caters the following prisoners:
o Bureau of Jail Management and Penology (BJMP)- for prisoners whose sentence are one(1)
day to six(6) months.
o Provincial Jail- for prisoners whose sentence are more than six( 6) months but not more
than three (3) years.

J.D./2016
o National Prison ( New Bilibid Prison or NBP) under the Bureau of Corrections ( BUCOR)-
for those prisoners whose sentence are more than three(3) years and above. This includes
execution of all prisoners sentenced to death.
2. COMMUNITY BASED-CORRECTIONS. This is more known as Non- Institutional type of

correction. This type of correction is being carried out by virtue of the following laws.
1. PD 603 ( The Child and Youth Welfare Code)
2. PD 968 ( The Adult Probation Law)
3. Release on Recognizance.
This is an obligation or record, entered before lower court or magistrate duly
authorized by law to release an accuse after arrest or conviction, With the condition,
especially in criminal case, for the appearance of the accused once needed.
Purpose of modern correction;

1. Retribution- under the Philippine penal law, the basis of a criminal liability is human free
will and the purpose of punishment is retribution.
2. Deterrence- the state wants to protect the society by reducing the crime and isolating and
segregating criminals through imprisonment.
3. Isolation- segregation criminals from society are aimed at preventing the occurrence of
crime and protecting public from harm, which criminals may inflict.
4. Reformation-this involves the use of punitive and disciplinary measures such as solitary
confinement, to modify or reform criminal behavior.
5. Rehabilitation- rehabilitation I s based on the premise that through correctional
intervention (educational and vocational training )
6. Reintegration-the effort of correction to change criminal behavior should result in a
situation and ability on the part of the penitent offender.
Agencies involve in correction in the Philippines:

1. Bureau of Correction-an agency under the Department of Justice tasked with the treatment
and rehabilitation of National Prisoners.
Prisons under Bureau of Correction:
a. Sabayan Prison and Penal Farm- located at Sablayan Occidental Mindoro, established on
September 26, 1954
b. Leyte regional Prison-situated in Abuyog Leyte established a year after the declaration of
martial law in 1972.
c. The New Bilibid Prison-situated in Muntinlupa City
d. Correctional Institution for Women-located at Mandaluyong Metro Manila
e. Iwahig Penal Colony- Located at Puerto Pricesa Plawan. It is known as Prison without
walls.
f. San ramon Prison and Penal farm-Loacted in Zamboanga city in memory of the late
Governor General Ramon Blanco
g. Davao Penal Colony- Loacted in Tagum davao del sur
2. Bureau of Jail Management and Penology- It is also known as Jail Bureau was created as
a distinct and separate line bureau by virtue of republic act 6975,the DILG act of 1990.
3. Provincial Jail- is under the supervision of Provincial government.
THE MOBILIZED COMMUNITY PILLAR
COMMUNITY –is the fifth pillar of the criminal justice system. In actual perception,
the government refers to the MOBILIZED COMMUNITY, which energized to help the
authorities in effectively addressing the law and order concern of the citizenry. This is due to the
fact that CRIME PREVENTION IS EVREYBODY`S CONCERN.

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The Two- Fold Role of the Community Pillar

1. It has the responsibility to participate in law enforcement activities by being partners of the
peace officers in reporting the crime incident, and helping in the arrest of the offender.
2. It has the responsibility to participate in the promotion of peace and order through CRIME
PREVENTION or deterrence and in the rehabilitation of convicts and their reintegration to
society. REHABILITATION takes place when the convict is serving his sentence. On the
other hand a convict may be paroled or may even be placed on suspension of sentence.
Aside from the two- fold role, the following are the responsibility of the community as
pillar of the criminal justice system:
o By identifying offenders
o by providing the law enforcement agency regarding data on illegal activities and cohorts
of the criminal.
o By preventing the proliferation of organized crime and syndicate
o Volunteering as witness
o Adapting precautionary and remedial measures to diminish crime.
Participation of the COMMUNITY in Criminal Justice System

Under the Philippine concept of a participative criminal justice system in the Philippines,
public and private agencies as well as individual citizens, become part of the CJS when they
participate and actively involve with issues and activities related to CRIME PREVENTION.
Thus, citizen- based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of the
convict who shall be released from correction pillar into the mainstream of society.
THE CITIZEN`S ARREST
Arrest may be affected WITH OR WITHOUT WARRANT. Warrant less arrest may be
affected by peace officers as well as private individual in any of the following circumstances:
o When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
o When an offense has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it; &
o When the person to be arrested is a prisoner who has escaped from a penal institution or is
temporarily confined during the pendency of the case, or has escaped while being
transferred from one confinement facility to another.
AGENCIES THAT COMPRISES THE COMMUNITY PILLAR

o DEPARTMENT OF SOCIAL WORK AND DEVELOPMENT
o NATIONAL ECONOMIC DEVELOPMENT AUHTORITY
o BUREAU OF LOCAL GOVERNMENT SUPERVISION
o PHILIPPINE PUBLIC SAFETY COLLEGE
o PHILIPPINE INFORMATION AGENCY
o DANGEROUS DRUG BOARD
o NON-GOVERNMENT ORGANIZATIONS
o PEOPLE`S ORGANIZATIONS
o Other government agencies, institutions and programs whose principal functions are geared
toward the promotion of socioeconomic welfare.
Considered as the informal pillar among the five subsystem of CJS. The community is
considered as the largest component of the CJS. It is made of of the various agencies in the
public especially the local government units and the private sector especially the non government
organizations. It s functions in the CJS are the following:

J.D./2016
a. Participation in the police disciplinary mechanism through the PEOPLE”S Law Enforcement
Board(PLEB).
b. Participation in the settlement of dispute through the Katarungang pambarangay or
Lupons.
c. Participation IN THE Law enforcement and policing through police community partnership
in crime prevention, investigation and deterrence.
Enhancing Crime prevention Strategy through sustainable Community development:

a. Role of the home or family
b. The school
c. The Church
d. The Media
e. The barangay
f. Community group services
g. Non Government organizations
OTHERS TERMS IN CRIMINAL JUSTICE SYSTEM
 ACTUS REUS – guilty act

 CONCURRENCE- the fusion of intent and conduct
 CRIME CONTROL MODEL – assumes that repression of criminal behavior is the most
important function performed by the criminal process.
 DUE PROCESS MODEL- built upon concepts like the primacy of the individual and the
limitation of official power, this model insists on a formal, adjudicative, adversarial fact-
finding process.
 FACTUAL GUILT- admission of criminal act with the corroborating observation or
testimony of someone.
 LEGAL GUILT- admission of guilt based on legality.
 MENS REA- guilty mind
 PENAL SANCTION- explains what may happen to people who misbehave.
 POLITICALITY- characteristic of substantive criminal law that assures citizens that the law
comes from a legitimate authority.
 PRESUMPTION OF GUILT- the orienting attitude toward those not excluded because of
probable innocence.
 PROCEDURAL CRIMINAL LAW- it has two components: due process model and crime
control model.
 SPECIFICITY- characteristic of substantive criminal law that provides citizens with
information about what behavior is required or prohibited.
 SUBSTANTIVE CRIMINAL LAW- deals with creating and defining behavior as criminal.
 UNIFORMITY- law will be applied by the authority in an unbiased manner.
 CANON LAW- the ROMAN CATHOLIC church developed this to govern the church and
the rights and obligations of her followers.
 CODIFICATION- ( WRITTEN LAWS) – gives civil law a revolutionary character and
written format that adds to its separate identity among legal families.
 CORPUS JURIS CIVILIS- set the stage for subsequent law not only with Justinian`s
successors but eventually with Napoleon as proclaimed in 1804.
 CUSTOM- basis for building order and served to declare the proper relation between church
and state.
 EQUITY- from the Latin aequus, meaning “ fair” or “ just”.
 FEUDALISM- under this system, a Lord provided vassals with land in exchange for military
and other services.
 IJTIHAD- a process in which Islamic law allowed jurists to interpret independently the
Quràn and Sunna when deliberating case.
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 INDIGENOUS LAW- the traditional obligations and prohibitions that a group of people
requires its members to follow.
 ISSUES OF FACT- a factual issue is presented at face value and without authoritative
connotation.
 LEGAL TRADITION- refers to deeply rooted and historically conditioned attitudes about
things like the nature of law, the role of law in society, how a legal system should be
organized and operated, and the way law is or should be made, applied or perfected.
 LEGAL SYSTEM- legal institutions, procedures, and rules.
 MARXISM- LENINISM- a basic tenet of this is that under communism the need for law
will wither away.
 MAZALIM- ( complaints courts) provided a way for the ruler to have criminal and civil
cases settled without submitting to the rigid requirements of Sharià.
 PRECEDENT- it means courts are expected to abide by decided cases.
 ROMAN LAW- the result of statutes, edicts of magistrates, and the interpretations of jurists
in Rome.
 RUSSIAN LAW- a series of private collections consisting of princely enactments and
secondarily, of customary and Byzantine law.
 SHARIÀ- Islamic law which means” the path to follow”
 STARE DECISIS- reduces the inconsistent rulings by requiring judges to follow their own
prior decisions and the precedent‟s of higher courts.
 SUNNA- the statements and deeds of the prophets.
 WRITTEN CODE- formal procedures enacted by a recognized authority.
REFERENCES:

City, Philippines, Wiseman‟s Books Trading Inc.
 OSCAR GATCHALIAN SORIANO (2010), The Philippine Criminal Justice System,
Theories, Models and Practices, Quezon City, Philippines, Great Minds Books

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ETHICS AND VALUES
POLICE ETHICS AND VALUES

J.D./2016
Definition of terms
Accepted lying – deception which is used as a deceptive ploy which is advisable for discreet
police operations to be used in tailing AND SURVEILANCE.
Act of courtesy – are disciplinary reminders of the importance of propitious conducts and are
importance measures in the development of personality.
Address – also known as title.
Anniversary – the birth or institutional establishment of a command or unit it is commemorated
in an anniversary ceremony in an anniversary ceremony.
Appropriations – the fund allocation necessary. the fund allocation necessary for the effective
propagation and development of programs and objectives.
Attention – refers awareness to the concern of society in general. It is an important factor
contributing to the dependability of public service.
Camaraderie – the binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, is manifested by the PNP members deep
commitment and concern to one another.
Carnivorous cops – Also known as “meat eaters, they are police officers who actively seek
minor type of corruption opportunities as they present themselves.
Casuistry- refers to the application of case based reasoning to applied ethics.
Ceremony- a formal act or set of formal acts established by customs or authority as proper top a
special occasion.
Citizen relation – Include all dealings or contacts with the citizen in relation to the enforcement
of the law in the maintenance peace and order. Together with the giving of information to
the public.
Civic action program- This endeavor attempts to impart to the members of the community that
police officers are their friends and the partners as well as their defenders.
Code of Ethics –An important agency for social control, promulgated for all professions and
prescribes the duties of an individual towards others.
Command – the authority of a person lawfully exercised over subordinates by virtue of rank,
position or assignment.
Commitment of public interest –all PNP members shall always uphold public interest over and
above personal concern. All government properties resources and powers of their respective
offices must be employed and used effectively, honestly and efficiently particularly to avoid
wastage of public funds and revenues.
Communication –refers to the process of passing information and understanding others.
Community – more or less definite group of people living- in a specific area in accordance with
an acceptable general system of moral values.
Community relation – consist of a person dealing with citizens of the community, city or town
where a person lives in and his membership or contribution to the civic organization or
community association in the community.
Commutative Justice- a virtue that regulates those actions that involve he rights that exist
between one individual and others.
Conduct-refers to personal behavior.
Conflict of interest – arises when a public official or employee is a member of a board, an
officer, or substantial stockholder of a private corporation or owner or has a substantial
interest in business of such corporation or business, or his rights or duties therein, may be
opposed to or affected by that faithful performance of official duty.
Conversation- an exchange of ideas between and among.
Courtesy – It is a manifestation of sportsmanship of good manners, and an exposition of
gentility and culture.

J.D./2016
Courtesy call – a practice undertaken by police personnel who are newly assigned or appointed
to a unit or command to a unit or command and to other key personnel for accounting,
orientation and other purposes.
Creed- is a statement or statement or statement of belief.
Custom –established usage or social practices carried on by tradition that has obtained the force
of law.
Devotion to duty – Police members performing their duties with dedication, thoroughness,
efficiency, enthusiasm, determination and manifest concerned for public welfare and shall
refrain from engaging in any activity which shall be in conflict with their duties.
Discipline –Pertains to the self control and obedience
Distributive Justice –regulates the actions that involve the rights which an individual may claim
from society
Divestment – the transfer of title or disposal of interest in property by voluntarily, completely
and actually depriving or dispossessing oneself of his right or title to it in favor of a persons
or persons other than his spouse and relatives.
Domestic relation – consists of persons dealing with his family, parents, and immediate
relatives with whom he has to have good relationship to deserve a respectable to family
prestige and community relations.
Electioneering – refers to directly or indirectly participating in partisan political activities.
Endurance- one’s ability to last.
Equality in the service –a judicious and equitable distribution of opportunity to prove one’s
worth in the police service.
Esprit de corps- refers to group spirit; sense of pride, honor shared by those in the same group
or undertaking.
Ethical standards- shall refer to established and generally accepted moral values.
Ethics – is branch of moral science that treats of the correct performance of public service and
human acts of a public officer. Rules of conduct.
Exit call- the process wherein police personnel pay tribute to their superior in the unit or
command when relived or resigned out of the said unit or command.
Flag lowering ceremony- at the end of the official days work, the PNP members pause for a
moment to salute the lowering of the flag.
Flag raising ceremony- the PNP members honor the flag by hoisting it and singing the national
anthem before the plan of official days work.
Fortitude –refers to man’s courage to endure without yielding. It is a virtue which incites
courage and characterized by firmness of the mind.
Gentlemanliness- refers to uprightness in character, gentle in manners dignified in appearance,
and sincere in their concern for their fellowmen.
Gift- refers to a thing or a right to dispose of gratuitously, or any act of liberality, in favor of
another who accepts it.
Grass eaters- also known as “vegetarian cops”, they are police officers who engage in minor
type of corruption opportunities as they present themselves.
Greeting- brief expression of thought or situation at a meeting.
Half mast – the flag is raised at half mast in difference to decreased uniformed members of the
command.
Happy hours- usually on Fridays or any other days suitable for the occasion PNP members
gather together at their PNP club for a light heated jesting for airing of minor gripes.
Honesty- it is the virtue that speaks of the highest moral values of dignity and honor.
Honor ceremony- arrival and departure honor ceremonies are rendered to visiting dignitaries,
VIPs, PNP officers with the grade of chief superintendent and above and AFP officers of
equivalent grade, unless waived.
Human rights- refer to human dignity and man’s inalienable right to life, liberty and property.
Humility- all PNP personnel shall recognize the fact that they are public servants and not the
masters of the people and towards this end; they should perform their duties without
arrogance.

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Integrity- is that ability to withstand temptation not merely to avoid, to maintain integrity, we
need to be above reproach but also above suspicion .
Intra departmental relations-consist of police officers relation with officers and men of his
own department, his superiors, the chief of police, executive of he city or municipality.
Introduction-the act of formally making persons known to each other or art of presenting one
person to each other.
Judicial relations- consist of the police officer duties toward the court when appearing as a
witness and the honesty in testimony.
Loyalty- allegiance to the state and the constitution
Malversation- means corrupt administration, misuse or wastage.
Mass communication program-it is designed to influence the opinions, attitudes, behavior and
emotions of the public in a manner that they will behave in accordance with law.
Maximum tolerance- policy laid down restraint and self control in the performance of official
functions.
Moral ascendancy – is the influence usually that one person exercise over a group of person’s
by reason of the exemplary nature to his character.
Moral character- refers to an evaluation of a person’s moral and mental qualities.
Morality- id the quality of measure of human act which are good, bad or indifferent.
Moral virtue- it concerns those acting that pertain to ones duties towards others.
Non partisanship- PNP MEMBERS SHALL PROVIDE SERVICES TO EVERYONE
WITHOUT DISCRIMINATION REGARDLESS OF PARTY AFFILITAION IN
ACCORDANCE WITH existing laws and regulation.
Non- uniformed- refers to all civilian non police personnel assigned to the various auxiliary or
support unit.
Non- solicitation of patronage- Police personnel seeking self improvement through career
development and not directly or indirectly soliciting influence recommendation from
politicians, high ranking government officials, prominent citizens with regard to their
assignment, promotion and transfer.
Opportunistic theft- this refers to taking advantage of the situation as when properties left in the
crime scene are taken without reporting it to authorities.
Orderliness- all PNP personnel shall follow logical procedure in accomplishing asks assigned to
them to minimize waste is to use of time, money and effort.
Paternalism- is a quality found in men who are mindful of the welfare of the others. It is a vital
and fundamental to police leadership because public welfare is a primary responsibility of
police service.
Patience-refers to the composure and calmness in enduring something.
Patriotism- PNP members are traditionally patriotic by nature. They manifest their love of
country with a pledge of allegiance to the flag and a vow to defend the Philippine
Constitution.
Peace and order council- it replaced the integrated police advisory councils which involves
civil officials and the members of the community in the preservation of peace and order and
promotion of public safety.
Personal dignity- is indicative of a policeman’s appreciation of the honor of his position
Perseverance- refers to the ability to proceed and go on despite of opposition or obstacles.
Police ethics- a practical science that deals with principles of human morality and duty as
applied to law enforcement.
Police lifestyle- refers to acceptable and respectable way of living in the eyes of public. Setting
good example to the subordinates and following good example to the subordinates and
following good example from the superiors.
Prescribe- lay down as a course or rule to be observed and followed.
Professional ethics- the practice of a profession cannot be entirely regulated legislations each
profession therefore subscribes to a set of moral values.
Prudence- it is one’s ability to govern and discipline himself bemoans of sound judgment and
reasons.

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Public officials- includes elective and appointive officials and employees of the government,
permanent or temporary, whether in he career or non career including military and police
personnel, whether or not they receive compensation regardless of amount.
Public office- refers to the right, authority and duty created and conferred by law by which for a
given period either fixed by law or enduring at the pleasure of the appointing power an
individual’s invested with some portion of the sieving function of the government to be
exercised by him for the benefit of the public
Public relation officer- the mission of the public relation officer is to gain public support for
police policies and to win friendly citizen cooperation in department programs and procedure
in order to facilitate the accomplishment of police task.
Public relations program- it is focused on building a good image for the police organization
through actual performance without inefficiency and corruption. Its objective is to gain
public support and win citizens cooperation to accomplish police task.
Public service- refers to the performance of the public officer of the sworn duties with honesty,
integrity, strong sense of responsibility and aspect for human dignity and human rights.
Reception- an activity tendered in celebration of a significant day or occasion.
Responsibility- the obligation to perform duties and functions as a consequence of activities
under one’s command.
RHIP- rank has its own privileges. Police members recognizing the practice that different
position carry with them corresponding benefits.
Right- refers to one’s moral power to own, use or to exact something.
Salute- is the usual greeting rendered by uniformed acts established by customs or authority
persons entitled to a salute.
Secrecy discipline- confidentiality of classified information against unauthorized disclosure
including confidential aspect of official business, special orders, communication and others
documents, roster of personnel or any portion thereof.
Self confidence- faith in oneself and it is predicated upon knowledge, skill in applying
knowledge and in the ability and willingness to pass ones knowledge on the benefit of others.
Shake down- an act of extortion committed by policemen in cases involving arrests without
warrant, it usually involves bargaining release in exchange of monetary consideration or
favor.
Social decorum-refers to set of norms and standards practiced by members during social and
other function.
Straight shooters- they refer to honest policemen who are ready to hide the corrupt practices of
their comrades.
Strong sense of responsibility- is the faithful performance of a duty not withstanding the
absence of the commander or a superior.
Temperance- refers to one’s ability to moderate or avoid something.
Tolerated lying- untruthful words spoken which is necessary to explain police inefficiency.
Tradition- refers to bodies of beliefs, stories customs, and usages handed down from generation
to generation with the effect of an unwritten law.
Turn over ceremony- the relinquishment and assumption of command or key position is
publicly announced in a turn-over ceremony by the outgoing and in coming officers in the
presence of the immediate superior or his representatives.
Valor. - Courage in the line of duty.
Values- refer to something that a person prices, cherishes and esteems or something important to
him. It includes ideas things or experiences.
Virtue- a habit which inclines man to act harmoniously with nature. A virtue is a character trait
which is evaluated as being good.
Warning- either verbal or written. It would be given when the offender believes that the
violation was unintentional and of a minor nature not involving real hazard to lives and
property.
White knight- police who are honest and straightforward and often make an extreme position on
ethical issues.
Word of honor-the act or standing by and committing to uphold a spoken promise.

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INTRODUCTION TO ETHICS
DEFINITION OF ETHICS
- Science of morality of man.
- Study of human motivation, and ultimately of human rational behaviour.
- Morality.
Ethics is derived from ancient Greek “ethikos”, meaning “ arising from habit”. It is a
major branch of philosophy which focuses on the study of value or quality. It is a major branch
of philosophy which focuses on the study of value or quality.
Ethics outlines the theories of right or wrong, morality translate these theories into action.
Therefore, morality is nothing else but it is a doing of ethics.
MORALITY is the quality of human acts by which they are constituted as good, bad, or,
indifferent.
KINDS OF HUMAN ACTS

1. Elicited Acts are those performed by the will and are not bodily externalized.
2. Commanded Acts are those done either by man’s mental or bodily powers under the
command of the will.
MORAL DISTINCTIONS
“Dictates of Reasons” stands for the norm of morality which is the standard by which
actions are judged as to their merits or demerits.
Classification of Actions According to the Norms of Morality

1. Moral (Good) – actions are those which are in conformity with the norms of morality.
2. Immoral (Bad) – are those actions which are not in conformity with the norms of morality.
3. Amoral (Indifference) – are those actions which stand neutral in relation to the norm of
morality. They are neither good nor bad in themselves. But certain amoral actions may
become good or bad because of the circumstances attendant to them.
VOLUNTARINESS
Voluntariness comes from the Latin word “VOLUNTAS”, referring to the WILL.
Voluntariness is essential to an act. Without it, an act is a mere act of man.
CLASSIFICATION OF VOLUNTARINESS
1. Perfect Voluntariness – is present in a person who fully knows and fully intends an act.
2. Imperfect Voluntariness – is present in a person who act without fully realizing what he
means to do, or without fully intending the act.
3. Conditional Voluntariness – is present in a person who is forced by circumstances beyond
his control to perform an act which he would not do under normal conditions.
4. Simple Voluntariness – is present in a person doing an act wilfully, regardless of whether
he likes to do it or not. It is either positive or negative.
TYPES OF VOLUNTARINESS
1. Direct Voluntariness accompanies an act which is primarily intended by the doer, either
as an end in it or as a means to achieve something.
2. Indirect Voluntariness accompanies an act or situation which is a mere result of a
directly willed act.
MODIFIERS OF HUMAN ACTS

1. Ignorance – absence of knowledge which a person ought to possess.
Classification of Ignorance
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a. Vincible Ignorance can easily be reminded through ordinary diligence and reasonable
efforts.
b. Invincible Ignorance is the type which a person possesses without being aware of it, or,
having awareness of it, lacks the means to rectify it.
“IGNORANCE OF THE LAW EXCUSES NO ONE ” – implies that no one should not act in
the state of ignorance and that no one who has done wrong may not claim ignorance as a defense.
2. Passions – either tendencies towards desirable objects, or tendencies away from undesirable
or harmful things.
Classification of Passions
a. Positive Emotions – love, desire, delight, hope, and bravery.
b. Negative Emotions – hatred, horror, sadness, despair, fear, and anger.
3. Fear – disturbance of the mind of a person who is confronted by an impending danger of
harm to himself or loved ones.
4. Violence – refers to any physical force exerted on a person by another free agent for the
purpose of compelling said person to act against his will.
5. Habits – is a lasting readiness and facility, born of frequently repeated acts, for acting in a
certain manner. It also implies that a habit is not easy to overcome or alter. It requires a
strong-willed person to correct a habit successfully within a limited period of time.
Action and Emotion

Man does an act with emotion and feeling not like a robot. In doing this act, man does not
only evoke certain sentiments, but his decision or intention to perform is swayed by his emotions.
Emotions are generally instinctive in origin. Neither the degree of their intensity, clarity,
or awareness makes them human acts to be judge as good or evil. It means simply that man’s
thoughts and actions are colored by his emotions.
Moral perfection comes from within. We, Filipinos, refer to its as “Kagandahan ng Loob”.
It is “loob” because from within the human personality.
KAGANDAHAN NG LOOB
Kgandahan ng Loob refers to attitudes and it stands for all that is good, we call kaibigan,
in a human being. It is the multiplicity of sterling qualities, both natural and acquired, which,
because they proceed from the hearts and minds and it also greatly towards him and others.
Kagandahan ng loob includes such moral values as mapagmahal, may pakiramdam, may
pakikiramay, matulungin, masayahin, and hindi mapagkunwari.
RIGHTS AND DUTIES

Man is born with rights and duties and having rights is an attribute of a person. That is
why we have Commission on Human Rights that addresses violations of such rights.
We insist on our rights but ignore or duties. Duties however are more fundamental than
rights.
The duty to do good and to avoid evil is above all rights.
Definition of Right
Objectively – it is anything which is owed or due.
Subjectively – that is, as residing in a person, right is a moral power, bound to be
respected by others, of doing, possessing, or requiring something.
KINDS OF RIGHTS
1. Natural Rights – are those based on the natural law, that is, on human nature.
2. Human Rights – are those based on human positive laws, either those enacted by the State
or a religious sect.
a. Civil Rights – are those dependent upon the laws of the state.

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b. Ecclesiastical or Religious Rights – are those dependent upon the laws of a church
or a religious sect.
3. Alienable and Inalienable Rights – Alienable Rights are those civil or religious rights,
which can be surrendered, renounced, or removed, such as the right to decent livelihood.
4. Right of Jurisdiction – is the power of lawful authority to govern his subjects and to make
laws for them.
5. Right of Property – is the power to own, to sell, to barter, to lend, to change, or give away
one’s personal possessions.
6. Juridical Right – refers to all rights insofar as they are based on laws. These rights must
be respected, allowed, fulfilled, as a matter of strict justice. Non-juridical rights are those
which are founded on laws, either natural or human, but on virtue. Thus, these are also
called moral rights.
DEFINITION OF DUTY
Objectively – it is anything we are obliged to do or to omit.
Subjectively – it is a moral obligation incumbent upon a person of doing, omitting, or
avoiding something.
DUTY – is a moral obligation because it depends upon freewill. As such it resides on a person.
Duty is defined by law, any wilful neglect of duty makes the person accountable for
such act.
KINDS OF DUTIES
1. Natural Duties are those imposed by natural law such as, the duty to care for our health.
2. Positive Duties are those imposed by a human positive law such as the duty to pay taxes
and to observe traffic rules.
3. Affirmative Duties are those which require the performance of a certain act, such as casting
a ballot during election; applying for a business license.
4. Negative Duties are those which require the omission of a certain act such as not carrying
illegal firearms, or not destroying the property of other.
Values and cardinal virtues:
Categories of values:
1. Ethics( good-bad, virtue-vice, moral-immoral-amoral, right-wrong, permissible-
impermissible.
2. Aesthetics(beautiful, ugly)
3. Doctrinal(political, ideological)
4. Innate(inborn values such reproduction and survival
5. Non-use/passive-includes the value based on something never used or seen, or something
left for the next generation.
6. Potential/option-the value of something that’s known to be only potentially valuable.
Ideal value system for a police agency would include:

1. Honesty
2. integrity
3. respect for human rights
4. professionalism
5. strong sense of justice
6. desire to help and serve others
7. patriotism
8. selflessness
Cardinal virtues-:
1. Prudence-refers to the ability to govern and discipline oneself by means of logicl; reasoning
and sound discretion.
2. Temperance- refers to the ability to avoid something and act with moderation.

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3. Fortitude- denotes firmness of mind.

4. Justice- it refers to a virtue that inclines the will to give every person his/ her accorded
rights.
3 divisions of justice:
1. Commutative justice- it regulates actions which involve the rights that exists among
individuals violation of which calls for reparation and restitution.
2. Distributive justice- which standardizes those actions that have to do with the rights an
individual may claim from society.
3. Legal justice- it puts into order those actions which society may justly require of the
individual for the common good.
THE POLICE CODE OF ETHICS

There are few professions that demands so much moral fiber as policing. Police stand in
“Harm’s Ways” not so much against enemies with bullets, but against enemies skilled in every
form of trickery, deceit, feigned ignorance, and deception.
The Revised Law Enforcement Code of Ethics:

As a law enforcement officer, my fundamental duty is to serve the community, to safeguard
lives and property, to protect the innocent against deception, the weak against oppression or
intimidation and the peaceful against violence or disorder, and to respect the constitutional rights
of all to liberty, equality and justice.
I will keep my private life unsullied as an example to all and will behave in a manner that
does not bring discredit to me or to my agency. I will maintain courageous calm in the face of
danger, scorn or ridicule, develop self restraint, and be constantly mindful of the welfare of
others. Honest in thought and deed both in my personal and official life, I will be exemplary in
obeying the law and the regulations of my department. Whatever I see or hear of confidential
nature or that is confided to me in my official capacity will be kept ever secret unless revelation
is necessary in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, political beliefs,
aspirations, animosities or friendships to influence my decisions. With no compromise for crime
and with relentless prosecution of criminals, I will enforce the law courteously and appropriately
without fear or favor, malice or ill will, never employing unnecessary force or violence and
never accepting gratuities.
I recognize the badge of my office as symbol of public faith, and I accept as a public trust
to be held so long as I am not true to the ethics of police service, nor will I never engage in acts
by other police officer. I will cooperate with all legally authorized agencies and their
representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance and
will take every reasonable opportunity to enhance and improve my level of knowledge and
competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before God
to my chosen profession… law enforcement.
Code of Conduct for Law Enforcement Officials
Adopted by General Assembly resolution 34/169 of 17 December 1979
Article 1. Law enforcement officials shall at all times fulfil the duty imposed upon them by law,
by serving the community and by protecting all persons against illegal acts, consistent with the
high degree of responsibility required by their profession. Commentary:
(a) The term "law enforcement officials', includes all officers of the law, whether
appointed or elected, who exercise police powers, especially the powers of arrest or detention.

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(b) In countries where police powers are exercised by military authorities, whether
uniformed or not, or by State security forces, the definition of law enforcement officials shall be
regarded as including officers of such services.
(c) Service to the community is intended to include particularly the rendition of services
of assistance to those members of the community who by reason of personal, economic, social or
other emergencies are in need of immediate aid.
(d) This provision is intended to cover not only all violent, predatory and harmful acts,
but extends to the full range of prohibitions under penal statutes. It extends to conduct by persons
not capable of incurring criminal liability.
Article 2. In the performance of their duty, law enforcement officials shall respect and protect
human dignity and maintain and uphold the human rights of all persons.
Commentary:
(a) The human rights in question are identified and protected by national and
international law. Among the relevant international instruments are the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the United Nations Declaration on the Elimination of All
Forms of Racial Discrimination, the International Convention on the Elimination of All Forms of
Racial Discrimination, the International Convention on the Suppression and Punishment of the
Crime of Apartheid, the Convention on the Prevention and Punishment of the Crime of Genocide,
the Standard Minimum Rules for the Treatment of Prisoners and the Vienna Convention on
Consular Relations.
(b) National commentaries to this provision should indicate regional or national
provisions identifying and protecting these rights.
Article 3. Law enforcement officials may use force only when strictly necessary and to the extent
required for the performance of their duty.
Commentary:
(a) This provision emphasizes that the use of force by law enforcement officials should
be exceptional; while it implies that law enforcement officials may be authorized to use force as
is reasonably necessary under the circumstances for the prevention of crime or in effecting or
assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may
be used.
(b) National law ordinarily restricts the use of force by law enforcement officials in
accordance with a principle of proportionality. It is to be understood that such national principles
of proportionality are to be respected in the interpretation of this provision. In no case should this
provision be interpreted to authorize the use of force which is disproportionate to the legitimate
objective to be achieved.
(c) The use of firearms is considered an extreme measure. Every effort should be made to
exclude the use of firearms, especially against children. In general, firearms should not be used
except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of
others and less extreme measures are not sufficient to restrain or apprehend the suspected
offender. In every instance in which a firearm is discharged, a report should be made promptly to
the competent authorities.
Article 4. Matters of a confidential nature in the possession of law enforcement officials shall be
kept confidential , unless the performance of duty or the needs of justice strictly require
otherwise.
Commentary:
By the nature of their duties, law enforcement officials obtain information which may
relate to private lives or be potentially harmful to the interests, and especially the reputation, of
others. Great care should be exercised in safeguarding and using such information, which should
be disclosed only in the performance of duty or to serve the needs of justice. Any disclosure of
such information for other purposes is wholly improper.
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Article 5. No law enforcement official may inflict, instigate or tolerate any act of torture or other
cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official
invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a
threat to national security, internal political instability or any other public emergency as a
justification of torture or other cruel, inhuman or degrading treatment or punishment .
Commentary:
(a) This prohibition derives from the Declaration on the Protection of All Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
adopted by the General Assembly, according to which: "[Such an act is] an offence to human
dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations
and as a violation of the human rights and fundamental freedoms proclaimed in the Universal
Declaration of Human Rights [and other international human rights instruments]."
(b) The Declaration defines torture as follows:
". . . torture means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted by or at the instigation of a public official on a person for such purposes
as obtaining from him or a third person information or confession, punishing him for an act he
has committed or is suspected of having committed, or intimidating him or other persons. It
does not include pain or suffering arising only from, inherent in or incidental to, lawful
sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of
Prisoners."
(c) The term "cruel, inhuman or degrading treatment or punishment" has not been defined
by the General Assembly but should be interpreted so as to extend the widest possible protection
against abuses, whether physical or mental.
Article 6. Law enforcement officials shall ensure the full protection of the health of persons in
their custody and, in particular, shall take immediate action to secure medical attention whenever
required.
Commentary:
(a) "Medical attention", which refers to services rendered by any medical personnel,
including certified medical practitioners and paramedics, shall be secured when needed or
requested.
(b) While the medical personnel are likely to be attached to the law enforcement
operation, law enforcement officials must take into account the judgement of such personnel
when they recommend providing the person in custody with appropriate treatment through, or in
consultation with, medical personnel from outside the law enforcement operation.
(c) It is understood that law enforcement officials shall also secure medical attention for
victims of violations of law or of accidents occurring in the course of violations of law.
Article 7. Law enforcement officials shall not commit any act of corruption. They shall also
rigorously oppose and combat all such acts.
Commentary:
(a) Any act of corruption, in the same way as any other abuse of authority, is
incompatible with the profession of law enforcement officials. The law must be enforced fully
with respect to any law enforcement official who commits an act of corruption, as Governments
cannot expect to enforce the law among their citizens if they cannot, or will not, enforce the law
against their own agents and within their agencies.
(b) While the definition of corruption must be subject to national law, it should be
understood to encompass the commission or omission of an act in the performance of or in
connection with one's duties, in response to gifts, promises or incentives demanded or accepted,
or the wrongful receipt of these once the act has been committed or omitted.
(c) The expression "act of corruption" referred to above should be understood to
encompass attempted corruption.

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Article 8. Law enforcement officials shall respect the law and the present Code. They shall also,
to the best of their capability, prevent and rigorously oppose any violations of them.
Law enforcement officials who have reason to believe that a violation of the present Code
has occurred or is about to occur shall report the matter to their superior authorities and, where
necessary, to other appropriate authorities or organs vested with reviewing or remedial power.
Commentary:
(a) This Code shall be observed whenever it has been incorporated into national
legislation or practice. If legislation or practice contains stricter provisions than those of the
present Code, those stricter provisions shall be observed.
(b) The article seeks to preserve the balance between the need for internal discipline of
the agency on which public safety is largely dependent, on the one hand, and the need for dealing
with violations of basic human rights, on the other. Law enforcement officials shall report
violations within the chain of command and take other lawful action outside the chain of
command only when no other remedies are available or effective. It is understood that law
enforcement officials shall not suffer administrative or other penalties because they have
reported that a violation of this Code has occurred or is about to occur.
(c) The term "appropriate authorities or organs vested with reviewing or remedial power"
refers to any authority or organ existing under national law, whether internal to the law
enforcement agency or independent thereof, with statutory, customary or other power to review
grievances and complaints arising out of violations within the purview of this Code.
(d) In some countries, the mass media may be regarded as performing complaint review
functions similar to those described in subparagraph (c) above. Law enforcement officials may,
therefore, be justified if, as a last resort and in accordance with the laws and customs of their
own countries and with the provisions of article 4 of the present Code, they bring violations to
the attention of public opinion through the mass media.
(e) Law enforcement officials who comply with the provisions of this Code deserve the
respect, the full support and the co-operation of the community and of the law enforcement
agency in which they serve, as well as the law enforcement profession.
CANONS OF POLICE ETHICS

The following are the canons of police ethics:
1. Primordial police responsibility
2. Limitation of police authority
3. Knowledge of the law and other responsibilities
4. Use of proper means to obtain proper ends
5. Cooperation with public officials
6. Proper conduct and behaviour
7. Conduct in arresting law violator
8. Conduct towards the community
9. Firmness in refusing gits or favors
10. Impartial presentation of evidence
11. Attitude toward police profession
POLICE PRINCIPLE
1. Prevention of crime and disorder
2. Cooperation of the community
3. Unreasonable force reduces community cooperation
4. Use of reasonable force when persuasion is not sufficient
5. Impartial enforcement of laws
6. The community are the police
7. Police should not usurp judicial powers
8. Rules of engagement impartially observed
9. Reduction of crime and dishonour
10. Police discretion

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PNP CORE VALUES

PNP core values- the police service is noble profession and demands from each member
specialized knowledge and skills and standards of ethics and morality. In this regard, policemen
must adhere to and internalized the enduring core values love of god, respect of authority,
selfless love and service for people, respect for women, and the sanctity of marriage, responsible
dominion and stewardship over material things and truthfulness.
Police Officers Creed:

a. Belief in god
b. Respect for authority is a duty
c. Belief in selfless love and service for people
d. Belief in sanctity of marriage and respect for women
e. Responsible dominion and stewardship over material things
f. Belief in the wisdom of truthfulness
PNP stands on basic issues:

a. PNP image- the PNP members should conduct themselves in a manner that would not
place the PNP in bad light.
b. Career management, the key to professionalism- implementation of human resources
development system compatible with/ to the distribution of procurement , fair promotion,
rationalized approach in assignment, skill development, immediate grant of award or
reward and decent living.
c. Police management leadership- the effectiveness of law enforcement is reflective of the
managerial capabilities and competent leadership. These things should be the primary
basis for consideration in the selection of personnel for employment and deployment
purposes.
d. Equality in the service- judicious and equitable distribution of opportunity to prove one’s
worth in the police service. Avoidance of favoritism in promotion and awards.
e. Delicadeza- all members must have a moral courage to sacrifice self interest in keeping
with the time –honored principle of delicadeza.
f. Police lifestyle- a lifestyle that is acceptable and respectable to the eyes of the public.
Superiors must set good example to subordinates. They must be free from greed,
corruption and exploitation.
g. Political patronage-PNP members must inhibit themselves from soliciting political
patronage in matters pertaining to assignment, awards and promotion.
h. Human rights- respect and protect human rights and dignity.
Standards of Police Professionalization:

All PNP members shall perform their duties with excellence, competence, integrity,
intelligence and expertise in the application of specialized skill and technical knowledge.
Police professional conduct:

a. Commitment to democracy-commit themselves to democratic way of life and values and
maintain the principle of public accountability.
b. Commitment to public interest-always uphold public interest over and above his own.
c. Nonpartisanship- provides service to everyone without discrimination.
d. Physical fitness and health-PNP members must strive to be physically fit and mentally
healthy at all times. They should have regular check ups in any PNP hospital or medical
facility.
e. Secrecy discipline- shall guard confidentiality of classified information against
unauthorized disclosure, including aspect of official business, special order, communication
and other documents.

J.D./2016
f. Social awareness- members including their families must be encouraged to be actively

involved in religious, social and civic activities to enhance the image of the organization but
without affecting their official duties.
g. Non- solicitation of Patronage- prevent from making solicitation, directly or indirectly,
influence or recommendation from politician, high ranking government officials, prominent
citizens, person affiliated with religious or civic organizations with regards to their assignment,
promotion.
h. Proper care and use of public property-PNP members shall be responsible for the
security, proper care and use of public property issued ot them or deposited under their care
and custody.
i. Respect for human rights-in the performance of duty, policeman shall respect and uphold
the rights of individuals.
j. Devotion to duty-PNP members shall perform their duty with dedication, thoroughness,
efficiency, enthusiasm, determination and manifest concern for public welfare, and shall
refrain from engaging in activities which shall be in conflict their duties and functions.
k. Conservation of natural resources-shall help in conservation of natural resources for
ecological balance and posterity.
l. Discipline-shall conduct themselves at all times in keeping with the rules and regulations
of the organization.
m. Loyalty- PNP members must be loyal to the Constitution and the police service as
manifested by their loyalty to their superiors, peers and subordinates.
n. Obedience to superior-shall obey lawful order of superiors.
o. Command responsibility-remember always the doctrine of command responsibility.
Ethical standards –shall refer to established and general accepted moral values.
a. Morality- PNP members shall adhere to the highest standard of morality and shall set
example to others
b. Judicious use of authority- the exercise of legitimate use of authority.
c. Integrity - shall now allow oneself to be victim of corruption and dishonest practices.
d. Justice- respects the rights of others.
e. Humility-PNP members should always bear in mind that they are public servants and not
masters of the people. In this light, they must perform their duties without arrogance.
f. Orderliness-follow logical procedures in accomplishing tasks assigned to them to
minimize waste in the use of time, money and effort.
g. Perseverance- once decision is made, policemen shall take legitimate means to achieve the
goal even in the face of internal and external difficulties.
Customs and traditions:

a. Customs- established usage or social practice carried on by tradition tht have obtained the
force of law.
b. Traditions- bodies of beliefs, stories, customs and usages handed down from generation
to generation with the effect of unwritten law.
c. Courtesy- a manifestation of expression of consideration and respect of others.
d. Ceremony-a formal act or set of formal acts established by custom or authority as proper
to special occasion.
e. Social decorum- a set of norms and standards practiced by members during socials and
other functions.
Police customs on courtesy:

1. Salute- usual greetings rendered by the uniformed members upon meeting and recognizing
persons entitled to a salute.
2. Salute to national color and standard- members stand at attention and salute the national
color and standard as it passes by them or when the national color is raised or lowered during
ceremonies.

J.D./2016
3. Address/ title- junior in rank shall address senior members who are entitled to salute with
the word sir.
4. Courtesy calls- member who is newly assigned in a unit shall make a call on the chief of
the unit.
Courtesy calls:
1. Christmas call- PNP members pay a Christmas call to their local executives in their
respective area of responsibility.
2. New Year’s call-new years call to their commanders and /or key in their commanders
and or key officials in their prospective area of responsibility.
3. Promotion call- newly promoted member’s call to their unit head.
4. Exit call-PNP member pay exit call to the unit head upon being relieved or reassigned
out of out of said unit.
Other police customs on courtesy:

1. Courtesy of the post- the host unit extends hospitality to visiting personnel who pays
respect to the unit.
2. Rank has its own privilege (RHIP)-members recognize the practice that different ranks
carry with them corresponding privileges.
Police customs on ceremonies:

1. Flag raising ceremony- PNP members honor the flag by raising it and singing the
National anthem before the start of the official day’s work.
2. Flag retreat ceremony- act at the end of the official duty or day’s work; the PNP
members pause for a moment to salute the lowering of the flag.
3. Haft mast- the flag is raised at half mast in deference to deceased uniformed member of
the unit.
4. Funeral service an honors-departed uniformed members, retirees, or veterans are given
vigil, necrological service and graveside honor as a gesture of farewell.
5. Ceremony tendered to retirees-in the recognition of their long, faithful and honorable
service to the PNP.
6. Honor ceremony-arrival and departure honor ceremonies are rendered to visiting
dignitaries, VIPs, PNP Officers with grade of chief supt. above.
7. Turned over ceremony-the relinquishment and assumption of command or key position.
8. Wedding ceremony- during marriage of PNP officers, a wedding ceremony is conducted
with participants in uniform and swords drawn.
9. Anniversary- the birth or institutional establishment of a unit is commemorated.
Police customs on social decorum:

1. Proper attire- PNP members must always wear appropriate and proper attire in
conformity with occasion.
2. Table manners-PNP members must observe table etiquette at all times.
3. Social graces- PNP members should conduct themselves properly in dealing with people
during social functions.
4. Uniform appearance-the public looks upon the PNP members distinctively as a man
among men. They must be neat in appearance and wearing the prescribed uniform. They
must observe the following as part of the uniform: a. wearing of prescribed uniform b,
wearing as a part of the uniform, awards and decorations earned in accordance with the
prescribed rules and regulations c. adherence to haircut prescribed buy rules and regulations.
5. Manner of walking- every PNP member is expected to walk with pride and dignity.
Other police customs:

1. Visiting the sick- PNP members who are sick in the hospital are visited by their
commander or other available officers of the unit.

J.D./2016
2. survivor assistance to heirs of deceased members- when PNP member dies, a survivor
officer shall render maximum assistance to their legitimate bereaved family until all
benefits due are received.
3. Visiting the religious leaders- PNP members or officers visit religious leaders in their area
of assignment to establish or maintain rapport and cooperation between the different
religious leaders and the PNP.
4. Athletics- all PNP members indulge in physical appearance an bearing are maintained with
the waistline measurement always smaller than the size of their chest.
5. Happy hours- usually of Friday or on any other day suitable for the occasion, PNP
members gather together at their PNP club for a lighthearted jesting or airing of minor
gripes.
Traditions:
1. Spiritual beliefs- the PNP members are traditionally religious and god loving persons.
They attend religious services together with the members of their families.
2. Valor- they sacrifice their lives and limbs for the sake of the country and their countrymen
whom they serve.
3. Patriotism- the manifest loves of country with a pledge of allegiance tio the flag and a vow
to defend the constitution.
4. Discipline- shown by their instinctive obedience to lawful order and through any
spontaneous actions toward attainment of organizational objectives guided by moral, ethical
and legal norms.
5. Gentlemanliness- the PNP members are bright in character, polite in manner, dignified in
appearance and sincere in their concern to their fellowmen.
6. Word of honor- the PNP member’s word is their bond. They stand by it and commit to
uphold it.
7. Duty- policemen have historically exemplified themselves as dedicated public servants
who perform their tasks with deep sense of responsibility and self sacrifice.
8. Loyalty- policemen are traditionally loyal to the organization, country and people as borne
by history and practice.
9. Camaraderie- the binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, is manifested by the members deep
concern and commitment to one another.
POLICE OFFICER’S PLEDGE
I WILL LOVE AND SERVE GOD,

MY COUNTRY AND MY PEOPLE;
I WILL UPHOLD THE CONSTITUTION
AND OBEY LEGAL ORDERS OF THE DULY CONSTITUTED AUTHORITIES;
I WILL OBLIGE MYSELF TO MAINTAIN A HIGH STANDARD
OF MORALITY AND PROFESSIONALISM;
I WILL RESPECT THE CUSTOMS
AND TRADITIONS OF THE POLICE SERVICE;
AND
I WILL LIVE A DECENT AND VIRTUOUS LIFE
TO SERVE AS AN EXAMPLE TO OTHERS.
Two Possible cause of Public Mistrust for Police Ethics:

1. The perception that a police subculture exists that either turns good officers bad or
tolerates evil in the midst of policing; and
2. The perception that most of policing is just a front for racial discrimination.
CORRUPTION AND IMMORALITY

J.D./2016
CORRUPTION is a subtype of immorality, and all corrupt actions are a subtype of

immoral action. However, not all immorality is corruption, and not all immoral acts are corrupt
acts. For example, minor lawbreaking by a police officer might count as immoral without being
an act of corruption. Also, negligent acts are sometimes immoral, but not necessarily corrupt.
Corrupt acts have a number of properties that other immoral, but not necessarily corrupt.
Corrupts acts have a number of properties that other immoral actions do not possess, such as:
1. Corruption involves manifestation of a regular disposition or habit on the part of the
officer;
2. Corruption exists when the law is seen as hopelessly inadequate and irredeemable, such
as when guilty offenders go unpunished; and
3. Corruption is driven by narrow, personal or collective self-interest, such as the financial
gain of a group of employees or the career advancement of employee(s).
Definition of Corruption
Goldstein (1977) – defines corruption as “misuse of authority for personal gain”. Both elements
must be present for this definition to apply. In other words, there must be some misuse of
authority (malfeasance) and some personal gain.
McMullan (1961) – defines corruption as “accepting money or money’s worth for doing
something under a duty not to do or to do anyway.” This definition seems to get at
misfeasance and nonfeasance, and is generally regarded as relating to police “productivity”
problem, or what is also called the “selective non-enforcement” issue.
Lundman (1980) – defines as “violations of conduct norms that are rarely enforced”. This
definition seems ideal for analyzing situations where a police subculture is a culture within a
culture, and probably fits most any kind of malfeasance, misfeasance and nonfeasance. It has
the advantage of focusing on “conduct” or actual behaviour.
POLICE DEVIANCE is a much broader term than corruption. It includes all activities
which are inconsistent with norms, values, or ethics (from a societal standpoint or even from the
police standpoint). A theorem in criminology is that it’s always fruitful to study when people not
only break society’s norms, but the norms of their own social group too. The following
definitions maybe helpful:
 Deviance – behaviour inconsistent with norms, values, or ethics.
 Corruption – forbidden acts involving misuse of office for gain.
 Misconduct – wrongdoing violations of departmental procedures.
 Favoritism – unfair “breaks” to friends or relatives (nepotism).
TYPES OF POLICE DEVIANCE

1. Police Gratuity
2. Police Perjury
3. Police Brutality
4. Police Profanity
5. Sex on Duty or Duty-Related
6. Sleeping on Duty
7. Drinking and Abusing Drugs On or Off Duty
8. Misuse of Confidential Information
POLICE GRATUITY
A gratuity is the receipt of free meals, services, or discounts. Nonfederal police usually
do not regard these as forms of corruption (not another lecture on the free cup of coffee or police
discount). These are considered fringe benefits of the jobs. Nevertheless, they violate the Code of
Ethics because they involve financial reward or gain, and they are corruption because officer has
been placed in a compromising position where favors (a “fix”) can be reasonably expected in the
future. When there is an implied favour (a “wink and nod”), it’s called “mooching”. When the
officer is quite blatant about demanding free services, it’s called “chiseling”.

J.D./2016
POLICE PERJURY
This is usually a means to effect an act of corruption, leaving out certain pertinent pieces
of information in order to “fix” a criminal prosecution. “Dropsy” evidence is typical, where the
officer testifies untruthfully that he/she saw the offender drop some narcotics or contraband. Lies
that Miranda warnings have been given, when they haven’t, are also typical. Lying in court is
called “testilying”, and police can do it coolly; they’re trained witnesses.
POLICE BRUTALITY
Brutality has been defined as excessive force, namecalling, sarcasm, ridicule, and
disrespect (President’s Commission 1967). Other commissions have simply used a vague
definition as “any violation of due process”. Kania and Mackey’s (1977) widely-regarded
definition is “excessive violence, to an extreme degree, which does not support a legitimate
police function.” When a citizen charges police brutality, they may be referring to a number of
things, including:
 Profane or abusive language
 Commands to move or go home
 Field stops and searches
 Threats of implied violence
 Prodding with a nightstick or approaching with a pistol
 The actual use of physical force
POLICE PROFANITY
There are many reasons why a police officer would use obscene and profane language.
Effective use of verbal communication is one of the skills expected in police work. Concepts
such as “command voice” and “command presence” are routinely taught at police training
academies. The FCC specifically condemns certain words on radio and television that are
“patently offensive”, but there’s no such mechanism for determining what’s offensive with
interpersonal communication.
SEX ON DUTY OR DUTY-RELATED

Contacts with promiscuous females and minimal supervision are part of the job. Sooner
or later, every police officer will be propositioned. There are a number of women who are
attracted to the uniform or the aura of the occupation. Every police officer will be able to tell you
stories about police “groupies”. These are women who make the rounds by waving at officers,
getting them to stop or pull over, and then set up meetings to have sex with them, or sometimes
right then and there. A woman such as this typically has sex with whole departments and
hundreds of police officers.
SLEEPING ON DUTY
On the night shift, the police car is sometimes referred to as the “travelling bedroom”. In
police argot, a “hole” or “coop” is where sleeping takes place, typically the back room of
someplace the officer has a key to and can engage in safe “cooping”.
Sleeping on duty, of course, is just an extreme example of goldbricking, the avoidance of
work or performing only the amount minimally necessary to satisfy superiors. Goldbricking can
take many forms: from ignoring or passing on calls for service to someone else; overlooking
suspicious behaviour; or engaging in personal business while on duty.
DRINKING AND ABUSING DRUGS ON OR OFF DUTY

There are endless opportunities to drink or take drugs while on duty (e.g., victim
interviews, shakedowns, contraband, disposal), and the reasons for it are many: to get high,
addiction, stress, burnout, or alienation from the job.
MISUSE OF CONFIDENTIAL INFORMATION

J.D./2016
This normally involves the jeopardization of ongoing investigations by “leaking”

information to friends, relatives, the public, the press, or in some cases, directly to the criminal
suspects or members of the gang.
Other Violations:
1. Neglect of Duty or Nonfeasance – is the omission or refusal, without sufficient excuse, to
perform an act or duty, which it was the Peace Officer’s legal obligation to perform, it
implies a duty as well as its breach and the fact can never be found in the absence of a duty.
2. Irregularities in the Performance of Duty or Misfeasance – is the improper performance of
some act which might lawfully done.
3. Misconduct of Malfeasance – is the doing, either through ignorance, inattention or malice,
of that which the officer had no legal right to do all, as where he act without any authority
whatsoever, or exceeds, ignores or abuses his powers.
4. Incompetency – is the manifest lack of adequate ability and fitness for the satisfactory
performance of police duties.
5. Oppression – it imports an act of cruelty, severity, unlawful execution, domination, or
excessive use of authority.
6. Dishonesty – is the concealment or distortion of truth in a matter of fact relevant of one’s
office or connected with the performance of his duties.
7. Disloyalty to the Government – consist of abandonment or renunciation of one’s loyalty to
the Government of the Philippines, or advocating the overthrow of the government.
8. Violation of Law – it presupposes conviction in court of any crime of offense penalized
under Revised Penal Code or any special law or ordinances.
HOW TO ENFORCE THE LAW

A law enforcer is presumed to know the law he has sworn to enforce, one must not be
allowed to exercise and perform the delicate duty as a law enforcer unless he knows how to
enforce and execute the law, including its boundaries and limitations otherwise, abuses, anarchy
and lawlessness shall prevail.
Law Enforcers Must:

1. Know the ability to learn how they are interpreted by the courts;
2. Have the ability to learn how they are interpreted by the courts;
3. Know how to properly execute and enforce such laws;
4. Know how and when to properly effect the arrest of offenders;
5. Have the technical and legal know-how to protect and defend the innocent from harassment,
and prosecute offenders who are probably guilty of a felony or a crime.
POLICE COMMUNITY RELATIONS

The word community originated from the Latin COMMUNITAS. – TATIS which means
fellowship and the word COMMUNIS – common.
Community is a group of people who have something in common with each other that
links them and distinguishes them from others who are not part of community.
Other definitions:
- a body of people living organized into political, municipal, or social unity; body of persons
living in same locality, or with common race, religion, pursuits, etc., not shared by those
among they live.
- A group of people who resides in one locality and subject to the same laws, have the same
interests etc.,
- Public or society at large
Definition of Police Community Relations (PCR)

- Attitude; an attitude of concern that needed government services are delivered to people in an
efficient and humane manner.
J.D./2016
- A kind of behaviour that shows this attitude.

- Is the development and retention of attitudes and behaviour on the part of the police that
create mutually supportive relationships between their agency and the community.
Police community relation- is the sum total of the dealings between the police and the people it
serves.
The Doctrine of Reciprocal Responsibility

The doctrine of reciprocal responsibility require that the police and public work together
towards the attainment of healthy and peaceful environment
This model focuses in two elements, which play a major role in peace and order effort:
a. Police b. Public
The police functions are the following:
a. Prevent (opportunity)
b. Restrain (capability)
c. Dissuade (intent)
Prevention to eliminate opportunity to commit crime:
a. Crime Detection
b. Crime Prevention
c. Emergency Service
d. Order Maintenance
In Dissuading or discourage intent, investigation efforts must be effective to gain information
through:
a. Interviews
b. Interrogation
Restrain Activities aim to neutralize the perpetrators of crime or reduced their propensity to
commit zero crime:
a. Manhunts
b. Arrests
c. Searches
d. Raids
e. Case build-ups
f. Prosecution
g. Accounting of firearms
The public shares in functions of :
a. Preventive policing ( I refuse to become a victim)
b. Persuasive Policing ( I refuse to become a criminal)
c. Self Policing (I refuse to be violent)
In refusing to be a criminal, the public:
a. Maintains good citizenship
b. Builds strong family ties
c. Strives for good quality of life
d. Exemplifies moral uprightness
Refusing to be violent, the public:
a. Volunteers as : witnesses and partners in filing cases
b. Refuses commissions of abuse and other public disturbance
c. Must follows rules
Coverage of police community relations:

1. Public information program- this evolves upon the concept of keeping members of
society informed so that they will appreciate and understand the complexity of police work
and the services rendered by our men in uniformed.
2. Public relations program- it is focused on building a good image for the police
organization through actual performance without inefficiency and corruption.

J.D./2016
3. Civic action program-this endeavor attempts to impart to the members of the

community that police officers are their friends AND THE PARTNERS AS WELL AS
THEIR DEFENDERS.
4. Mass communication program- it is designed to influence the opinions, attitudes,
behavior and emotions of the public in a manner that they will behave in accordance with
law.
Objectives of police community relations:

1. To maintain and develop confidence and goodwill of the community for the police.
2. to obtain public assistance and cooperation.
3. to develop public appreciation, understanding and support for the services of the police.
4. To create broader understanding and sympathy with the need and the problems of the
police.
5. To facilitate law enforcement and compliance.
6. to build public opinion in favor of the police
7. to achieve the police purpose of preserving peace, protecting life and property and the
prevention of crime.
Basic foundation of Good community relations:

 Sincerity in serving the public
 full knowledge of the job
 deep conviction in the nobility of the work
 sound police ethics
 high standard of operations
Categories of police officers individual public relations:

1. Domestic relations- include dealing with family and relatives.
2. Neighborhood relations- include decorum with neighbors.
3. Community relations- it consists of dealings with other members of the locality where a
person lives.
4. Religious relations- it denotes affiliation which is necessary for the locality where a person
lives
5. Government relations- it implies recognition of government authority and adherence to
laws and ordinances.
OBJECTTIVES OF POLICE ORGANIZATION

 ORDER MAINTENANCE – handling of disputes, or behaviour which threatens to
produce disputes, among persons who disagree over is what ought to be right or seemly
conduct or over the assignment of blame for what is agreed to be wrong or unseemly
conduct.
 LAW ENFORCEMENT – the officer is expected to either make an arrest or act so as to
prevent the violation from occurring in the first place.
PRINCIPLE OF COMMUNITY RELATIONS

Every member of the PNP shall adhere to the following principles of police community
relations:
1. Community Support Must Be Maintained:
a. Every police shall be worthy of the public high trust by doing his job and leaving
nothing undone through carelessness.
b. He shall make himself available and be willing to serve everyone.
2. Community Resentment Must be Avoided:
a. Every policeman shall have in mind the interest of the public.
b. He shall develop friendly relations by his good conduct.
J.D./2016
c. He shall avoid by any occasion to humiliate, embarrass, annoy or inconvenience

anyone.
3. Community Goodwill Must be Developed
- A police should be courteous, fair and quick to assist individuals in the solution of their
problems.
4. Community Must Be Kept Informed
- The people should inform the community of the regulations and policies of the police force
and the reasons of their adoption.
FOUR GENERAL APPROACHES IN POLICE COMMUNITY RELATIONS

PROGRAM
1. Externally Oriented – directed towards the general public or various enclaves within the
society.
2. Youth Oriented – directed the majority of police efforts towards the youth of the
community.
3. Service Oriented – emphasis is given to the alleviation of social problems as the basic
objective of the program.
4. Internally Oriented – its essential characteristics is the realization that the officer on beat
creates community relations. “Every officer of the organization is a police – community
relations’ officer”.
CRISIS PUBLIC RELATIONS

Time and again, an unexpected development involving an agency embarrass the
government and frighten the public, or worst creating the threat of death.
Somebody Must Act Under Pressure to:

- Establish information linkages
- Lead role in disseminating information
- Serve as conduct of message
- Provide adequate, accurate, relevant and timely information for decision making.
- Process information
Kinds of Crisis
- Physically violent
- Non-Violent
PLANNING FOR CRISIS

Imagine the Worst
- Always anticipate the worst thing that could happen to your organization.
Organize Information
- Prepare information ahead of time
- Maps of the areas
- Important telephone numbers and addresses such as Red Cross, DSWD, hospitals, military,
gov’t officials, handy media info materials.
- Static and other background information
- Potential evacuation sites
- File photographs or VTR footages
Communicate your plan
- Prepare an easy-to-use fact and background information to be communicated during
meetings and conferences.
Make Arrangements for Communication Facilities
- Make an inventory of communication equipment and facilities in your areas.
- Select and train employees to handle the surge of telephone calls or personal inquiries any
emergency creates
Communication During a Crisis
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- Stonewall – deny that crisis exists, refuse to answer media questions or ignore the issue.
- Manage the Issue – release partial or delay information while concealing unfavourable
facts.
- Open Communication Policy – this is the best course of action, The Open System is the
much easier to manage. The media is fully and promptly informed while providing
background information to put facts into perspective.
KEY ELEMENTS IN CRISIS COMMUNICATION

1. The existence of communication with the over-all crisis plan.
2. The ability to assemble a crisis team when a crisis occurs.
3. The use of a single spokeperson during the crisis.
DEALING WITH MEDIA

Roles of Police Relation Officer (PR) Officer:
1. Handles delicate negotiations that have to go on between source and media what to use
and what not to use.
2. Provides enough opportunities, such as conferences, for information to be given to the
media.
3. Educates and informs, so that reports don’t fall back on stereotyping to explain the
incident itself for the people involved it.
DEALING WITH HUMORS

Strategies to combat rumors:
1. Analyze the scope and seriousness of the nature and impact of the rumor before planning
and engaging in any active correction.
2. Analyze the specific causes, motives, sources, and disseminations of the rumors.
3. Confer with persons affected by or being damaged by the rumors level with them and
assure them of your concern and of your sincere attempts to combat rumors effectively.
4. Proceed immediately, supply complete and authentic information regarding the matter.
5. Call key status and informal leaders, opinion makes and other influential people to discuss
and clarify the situation and solicit their support and assistance.
6. Avoid referring to the rumor in disseminating the truth.
7. Conduct meetings with the staff at the grassroots level of the rumors if you can.
Community Policing
It is a policing philosophy that promotes and supports organizational strategies to address
the causes of crime, to reduce the fear of crime and social disorder through problem solving
tactics and community-police partnerships.
The 8 “P”s of Community Policing

1. A Philosophy of full service
2. Personalized
3. Policing, where the same officer
4. Patrols and works in the same area on a
5. Permanent basis, from a decentralized
6. Place, working in
7. Partnership with citizens to identify and solve
8. Problems.
Community policing is the responsibility of both law enforcement and community
members. Both have important roles in community policing.
There are many ways to involve the community in crime reduction and problem
solving, including community meetings and citizen and citizen police organizations.
Police and local citizens are ALL members of the community.

J.D./2016
POLICE COMMUNITY RELATIONS GROUP
Mission
“To operate with various sectors of the community and support to police programs and
activities; educate and inform the public on our Criminal Justice System; and undertake such
other community-oriented activities essential for an effective and efficient service”
Vision
“We, the personnel of the police Community Relations Group, are committed to the
vision of an effective, active and reliable National Support units; manned by dedicated, people-
oriented, professionals; regarded as a basic and, fully supported and inspired by the community it
serves.”
POLICE COMMUNITY RELATIONS PROGRAMS CAREER

DEVELOPMENT/AWARDS AND DECORATIONS/ PUNISHMENT
Qualified personnel who have not yet undergone career training/seminars are encouraged
to participate for their career advancement. Presentation/ giving of awards and commendations to
personnel and accredited/recognized non-government organizations (NGOs) is regularly
conducted (during fellowship), for teh invaluable services rendered and meritorious
accomplishment.
MORAL RECOVERY PROGRAM AND VALUES FORMATION

Seminars on spiritual reformation and values orientation are regularly conducted to
strengthen bonds to its personnel and reorient them about norms and conduct of a good public
servant. Police Information and Education, conference and dialogues are regularly scheduled to
address problems, give guidance and keep the personnel abreast of current memoranda,
directives and developments concerning the organization.
MEDICAL AND DENTAL OUTREACH PROGRAM

The Group is the office primarily responsible for the conduct of this program, which is
regularly scheduled. Collaborated efforts between the PCRG, Health Service, accredited NGOs
and the recipient of the program are encouraged to ensure the success of teh program.
BLOOD LETTING ACTIVITY

The Group is the Office primarily responsible for the conduct of this program, which is
scheduled during the PNP Anniversary (January)and PNP Recognition Day (August). This
program is a worthy endeavour and is the PNP’s way of reaching out the community by sharing
its precious blood.
ENHANCEMENT OF THE LIBRARY AND MUSEUM

Maintenance and enhancement of the PNP Museum and Library is one of the functions of
the Group. The PNP Museum showcases the glorious past of the PC/INP and the PNP Library
wherein PNP personnel and students conduct their research work.
COMPLAINT REFERRAL ACTION AND INFORMATION VERIFICATION CENTER

The Group is maintaining a Complaint Referral Action and Information Verification
Center/ Human Rights Complaint Desk designed to provide immediate police action to various
problems/ complaints/ queries. This is an alternate channel to the public to lodge their complaints
or seek police assistance.
NGO ACCREDITATION
The Group is the Office primarily responsible for the accreditation of Non-Government
Organizations (NGOs) who wish to be an ally and help the PNP in its fight against all forms of

J.D./2016
criminality. Requirements for their accreditation are being consolidated and forwarded to the
office of Chief, PNP for approval.
PNP TV AND RADIO PROGRAMS

The Group sponsors or co-sponsors TV and Radio programs for its public information
activities/ projects at present.
PUBLICATION OF PNP JOURNAL AND POLICE DIGEST

The Group is the office primarily responsible for the publication of the PNP’s official
organ. The “Police Digest” and “PNP Journal” which are distributed to all PNP units nationwide
on a monthly and bi-monthly basis, respectively.
CAMP VISITATION
PCRG conducts guided tours for students and public visitation of the NHQ PNP at Camp
Crame to acquaint them with the police service. Moreover, these visits give the PNP the
opportunity to interact with the students/visitors to bridge the gap between the police and the
public.
PNP DISTINGUISHED VISITORS PROGRAM

The Group is the office primarily responsible for the conduct of the PNP Distinguished
Visitors Program, wherein prominent personalities from various sectors of society are invited as
guest of honor and speaker. The program is scheduled at least once a month.
PNP ELECTRONIC BULLETIN BOARD SYSTEM

The Group is maintaining a PNP Electronic Bulletin Board System, which aims to
provide the general public vital information about their police force. Declassified memoranda,
circulars and other pertinent information were published and can e accessed or copied by
civilians through the use of computer and telephone line with the aid of modem.
PULIS NG BAYAN PULONG-PULONG SA BARANGAY

The Group initiates an inter-action with the local leaders, residents, volunteer civic
organization and the local police of selected areas wherein problems are discussed and acted
properly.
ANNUAL ALAY LAKAD PROJECTS

The Group is the designated office primarily responsible for the PNP’s participation in
teh annual fund raising campaign of the Alay Lakad Foundation, INC. The PNP, through the
Chief PNP, is the designated Chairman of the Security, Traffic and First Aid Committee.
WHO IS MAMANG PULIS?

Mamang Pulis is a universal advocacy. Though so-called in the vernacular, it describes
what or how all the uniformed men and women of the Philippine National Police should be; and
serves as a medium of bringing the police closer to the community with the end in the view of
the police getting back the trust and confidence of the people. Mamang Pulis is an image that the
law enforcer has to live up to.
REFERENCES:
 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon City,
Philippines, Wiseman’s Books Trading Inc.
 ADELENE MAGHINAY FLORENDO (2008), Police Ethics and Values with Police
Community Relations, Quezon City, Philippines, Wiseman’s Books Trading.

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J.D./2016

ETHICS AND VALUES
HUMAN BEHAVIOR AND CRISIS

MANAGEMENT

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D E F I N I T I O N OF T E R M S
ADULT EGO STATE – human interaction characterized by being factual, worthy and value for
reason.
ADVANCE PARTY – a pre-deigned personnel, who proceed upon notification immediately to
the incident scene to select a suitable location for a tactical holding area, coordinate with the
first responders and initiate collecting intelligence on the target area.
ANDROGEN – refers to a male sex hormone.
ANTICIPATORY PHASE – refers to the period wherein a potential victim starts to recognize
and perceive that a precarious situation exists.
ANTI-SOCIAL PERSONALITY – human trait usually distinguished by intentional and willful
acts which violates the rights of others through unethical behavior.
ASSAULT TEAM – an assault team shall be alerted for deployment in case the negotiation
fails. Members of the assault team shall wear authorized and easily recognizable uniform
during the conduct of the operation. Bonnets shall not be used.
ATTITUDE SURVEY – analysis that measure the beliefs, attitudes and values of different
groups.
AUDITORY – human sensation brought about by means of hearing.
AUTOPHOBIA – fear of being alone or fear of one’s self.
AVOIDANT PERSONALITY – behavior which is distinguished and characterized by
hypersensitivity to rejection.
AWARENESS – it refers to a psychological activity which is according to man’s experience and
interpretation of stimulus or object.
BEHAVIOR MODELING – manner of learning aggression by means of observance.
BEHAVIORISM – the branch of psychology that deals with the study of observable behavior
rather than unconscious motives. This gives attention to the relationship between particular
stimuli and an individual’s response to it.
BESTIALITY – abnormal sexual behavior by having intercourse with living animals.
BIOMETRY – calculating or measuring of probable duration or length of human life and
attempt to relate the frequency of crime between parent and offspring and siblings.
BIOPHOBIA – a view which states that no serious consideration to organic factors in
attempting to understand human nature.
BIOSOCIAL BEHAVIOR – refers to natural and organic heritage, environment and its effects
on man’s social activities.
BIPOLAR BEHABIOR - refers to an emotional disturbance in which moods change between
periods of wild ecstasy and profound depression.
BORDERLINE PERSONALITY – exemplified by instability reflected in drastic mood and
behavioral problems.
CHEMICAL STRAIGHTJACKET – a common term for a chemical restraints, antipsychotic
drugs such as Haldol, Proloxin, Risperdal and Stelazine which help control levels of
neurotransmitters such as dopamine/serotonin, used to treat violence-prone people.
CHILD EGO STATE – human interaction which is characterized by dependence, demands,
impatience, being rebellious and emotional.
COMMITMENT TO CONFORMITY – a personal investment in conformist individuals,
institutions and processes that thwart people from engaging in behavior and activities that
might harm and jeopardize their achievement and reputation.
COMPENSATION – refers to individual desire to counterbalance inferiority with something in
which he may succeed. Usually a defense reaction against feelings of inadequacy and
inferiority.

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COMPLEX HUMAN BEHAVIOR – refers to two or more type of human conduct which
occurs in one situation.
COMPLIMENTARY TRANSACTION – occurs when stimulus and response patterns from
one ego state to another are parallel.
COMPULSIVE NEUROSIS – this is the uncontrollable or irresistible impulse to do something.
COMPULSIVE PERSONALITY – human trait which is characterized by concern with rules
and orders and works called insistence.
CONDUCT DISORDER – a psychological state characterized by repeated and severe episodes
of anti social behavior.
CONDUCT NORMS – refers to the behavior and manners expected of social group members.
CONFLICT VIEW – the assertion that human behavior is molded by interpersonal difference
and that who maintain social influence and power will use it to further their own goals and
desires.
CONSCIENCE – part of the superego which determines what is wrong and what is correct.
CONTAGION EFFECT – genetic tendencies and early experiences which make some people
susceptible to deviant social behavior which is relayed by the presence of anti-social siblings in
the household.
CONTAINMENT – means controlling and stabilizing the situation and area wherein crisis
occurs.
CONTINUITY OF CRIME – the assertion that crime begins early in life and continues
throughout the life course.
COVERT PATHWAY – a course to criminal career that starts with minor underhanded
behavior and progresses to petty crime commission.
CULTURAL TRANSMISSION – the scheme that conduct norms are handed down from one
generation to another so they become stable and predictable group lifestyle and behavior.
CUTANEOUS – refers to man’s sense of touch.
DELUSION – refers to false belief about self, caused by morbidity, present in paranoia and
dementia praecox.
DEMENTIA PRAECOX – mental disorders that begins at or shortly after puberty, and usually
lead a general failure of the mental faculties, with the corresponding physiological impairment.
DENIAL OF REALITY – this pertains to the attempts made to screen out disagreeable realities
by ignoring them.
DEPRESSION – a withdrawal reaction which is characterized by undesirable thoughts.
DIPSOMANIA – the compulsive desire to drink alcohol.
DIRECT CONDITIONING – also known as differential reinforcement, it is behavior which is
reinforced by being punished or rewarded while interacting with others.
DURATION – an attribute of human behavior which determines how long in terms of life.
EGO – this form part of man’s physical organization between his stimuli on one hand and his
motor activity on the other. The ego operates on the basis of expediency.
EGO IDEAL – the component of the superego which directs individual into morally responsible
and acceptable behaviors which may not be pleasurable.
ELECTRA COMPLEX – a phase in the development wherein girls start to have sexual feelings
for their fathers.
ELECTROENCEPHALOGRAPH – a contrivance that record thee electronic impulses given
by the brains known as brain waves.
EPILEPSY – this is a condition characterized by convulsion seizures and a tendency to mental
deterioration.
EQUIPOTENTIALITY – assertion that all individuals are equal at birth and are thereafter
influenced by their environment.
EROTOMANIA – refers to a morbid propensity to love or make love; uncontrollable sexual
desire.
EXHIBITIONISM – refers to deviant sexual behavior by means of exposing private organs of
the body in the public.
EXTENSITY – an attribute of human behavior which connotes size, distance and location.

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FANTASY – refers to day dreams, which is a form of physical flight as a temporary escape from
frustration of reality.
FEEBLE-MINDED PERSONS – those in whose case there exist mental defectiveness which
though not amounting to imbecility, is yet so pronounced that they are require care, supervision
and control or for the protection of others.
FETISHISM – deviation in sexual behavior by substitution of inanimate objects to replace
human love.
FIXATED – refers to an adult that demonstrates behavior traits characteristics of those
encountered during the infantile sexual growth.
FOCAL CONCERNS – refers to the value orientation of lower class cultures which includes
the need for excitement, personal autonomy, fate, smartness and trouble.
FREE FLOATING ANGER – refers to chronic reaction pattern of angers.
FUNCTIONAL – an abnormal behavior brought about by the effect of environment on people.
GRAND MAL SEIZURE – there is a complete loss of consciousness and general contraction of
the muscles.
GUSTATORY – refers to man’s sense of taste.
HABITUAL HUMAN BEHAVIOR – a type of human behavior which is said to be emotional,
motor and uses language.
HISTORONIC PERSONALITY – a human trait which is usually manifested and characterized
by emotional instability, self-dramatization and immaturity.
HOMICIDAL COMPULSION – the irresistible urge to kill somebody.
HOMOPHOBIA – extremely negative overreaction to homosexuals.
HOMOSEXUALITY – deviation in human sexuality by stimulation and gratification and erotic
interest in members of one’s own sex.
HOSTAGE – refers to persons held involuntarily and held as security to serve the purpose of
hostage taker.
HOSTAGE TAKER – persons who hold in custody others as a means of protection and
bargaining tool in exchange for demands and for other purposes.
HUMAN BEHAVIOR – refers to reaction to facts of relationship between the individual and
his environment.
HUMANISTIC PSYCHOLOGY – a branch of psychology that emphasizes self-awareness and
getting in touch with feelings.
ID – are impulses or instinct of social drives. It contained that is inherited, that is present at birth.
IDENTITY CRISIS – a psychological condition in which youth face inner confusion and
uncertainty about life roles.
IDIOTS – persons with mental defectiveness of such a degree that they are unable to guard
themselves against common physical dangers.
IMBECILES – persons with mental defectiveness which though not amounting to idiocy is yet
so pronounced that they are incapable of managing themselves or their affairs.
IMPACT PHASE – the moment wherein the victim recognizes that he or she is the target or
subject of a criminal act and ends with its actual commission.
INCEST – refers to sexual intercourse between closely related persons whose marriage is
prohibited by law.
INFERIORITY COMPLEX – people who have feelings of inadequacy and compensate for
them with a drive for supremacy.
INSTINCTIVE HUMAN BEHAVIOR – refers to a human trait which is unlearned and said to
be inherent to man.
INTENSITY – human behavior attribute which speaks in terms of magnitude whether mild or
strong.
ISOLATION – a compromise reaction used to avoid conflict by seclusion.
JACKONISM TYPE SEIZURE – characterized by localized contraction of muscles with or
without loss of consciousness.
KLEPTOMANIA – the compulsive desire to steal.
LATENT TRAITS – a stable characteristic, feature, condition or property present at birth that
make some people crime prone later in life.

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MASOCHISM – sexual deviation characterized by gratification by enduring pain inflicted upon

himself.
MATURATION – this refers to the growth following birth that is primarily influenced and
determined by genetic factors.
MEGALOMANIA – disorder in mentality in which the afflicted person thinks of himself as
exalted or great.
MELANCHOLIA – refers to a mental disorder with depression, excessive brooding and often
accompanied by delusions and hallucinations.
MENTAL DEFICIENCY – a condition of arrested or incomplete development of the mind
existing before the age of 18, whether arising from inherent causes of induced by disease or
injury.\
MENTALLY DERANGED – a person suffering from delusion and hallucination.
MIDDLE CLASS MEASURING ROD – standards by which teachers and other representative
of state authority evaluate lower class youth. This gives rise to failure, frustration and anger at
conventional society.
NECROPHILIA – sexual gratification by means of intercourse with dead body.
NECROPHILISM – craving of an erotic nature for dead bodies.
NEGATIVE EFFECTIVE STATES – it refers to depression, anger, fear, disappointment and
other adverse emotions that result from strain.
NEGATIVE REINFORCEMENT – the process of using negative stimuli or loss of reward to
restrain unwanted behavior.
NEGOTIATE – means to settle or arrange by conferring and discussing terms.
NEGOTIATOR – a member of the hostage crisis team, chosen by the ground commander to
establish communication between the police and hostage takers.
NEURO-PHYSIOLOGY – refers to the study of the activities of the brain.
NEUROTICS – refers to the people who fear that their primitive instincts will dominate their
personality.
NOMADISM – flight by, moves from place to place.
NON-COMPLIMENTARY TRANSACTION – occurs when stimulus and response patterns
from one ego state to another are not parallel.
OEDIPUS COMPLEX – a phase of development when males start to have sexual feelings for
their mothers.
ORAL STAGE – first phase of life, when a child achieves pleasure by biting and sucking.
ORGANIC – an abnormal human behavior caused by physical factors such as injury and
impairment.
OVERCOMPENSATION – a compensatory activity which tends to get out of control and
ceases to be of value and use.
OVERT PATHWAY – trail to a criminal career that starts with minor aggression which leads to
physical fighting and later to violent crimes.
PARAPHILIAS – abnormal and bizarre sexual practices that may involve persistent sexual
urges focused on children, humiliation or objects.
PARENT EGO STATE – human interaction which is said to be protective, idealistic and
righteous.
PEDOPHILIA – a deviant sexual behavior characterized by child molestation and intercourse.
PERCEPTION – refers to the knowledge of stimulus.
PERSONALITY – a stable pattern of behavior, thoughts and emotions that distinguish one
person from another.
PERSONALITY DISORDER – an anti-social behavior brought about by abuse and
maladaptive patterns of conduct.
PETIT MAL SEIZURE – mild or complete loss of consciousness and contraction of muscles.
PHOBIA – man’s morbid and abnormal fear of something.
POSIBILITY ASSUMPTION – these refers to hypothesis which pertains to how things would
be, probabilities for change, opportunities for personal growth and social progress.
POST TRAUMATIC RECALL PHASE – this period begins immediately after the
commission of a crime.

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POST TRAUMATIC STRESS DISORDER – reaction to highly stressful event, it is

manifested by anxiety, depression, flashbacks and persistent nightmares.
PREMENSTRUAL SYNDROME – the typecast that several days before and during
menstruation females are overwhelmed by irritability and poor judgment as a result of
hormonal changes.
PRESERVATION OF LIFE – most important priority in all hostage crisis situation.
PSYCHOPATHIC PERSONALITY – it is characterized by infantile level of response lack of
conscience, deficient feeling of affection to other and aggression to environment and to other
people.
PYROMANIA – compulsive desire to set fire.
QUANTITY – an attribute of human behavior which focuses on man’s normality and
abnormality.
REACTION FORMATION – excludes from consciousness, awareness of unacceptable desires
or impulses which develop consciousness, awareness of unacceptable desires or impulses
which develop conscious attitude that disagree with his original wish.
REALITY ASSUMPTION – these are notions with reference to how things really are and what
kind of person an individual is.
REGRESSION – refers to infantilism which is a form of physical flight which returns to earlier
work.
SCAPEGOATING – an aggressive reaction which is characterized by blaming others for his
failures.
SCHIZOPHRENIA – this is sometimes called dementia praecox which is a form of psychosis
characterized by thinking disturbance and regression to a more relatively unimpaired but
intellectual function are well preserved.
SENSATION – refers to feelings or impression of stimulus.
SELF-ACTUALIZATION – human need which according to Maslow is the apex of all needs
in hierarchy.
SOCIAL ECOLOGY – refers to environmental forces that have direct influences on human
behavior.
SOCIAL LEARNING THEORY – the assertion that human behavior is patterned after
observation of human social interactions.
STATUS FRUSTRATION – a type of culture conflict experienced by lower class youth due
social conditions that prevent them from attaining success.
STOCKHOLM SYNDROME – an ideal relationship between hostage takers and hostages
brought about by negative feelings against authorities and positive feelings for each other.
SUBLIMATION – compromise reaction by seeking new goals which are socially acceptable.
SUBTERRANEAN VALUES – morally shaded influences that have deep-rooted power in
culture but are publicly condemned.
SUPER EGO – means the conscience of man. It is the role agencies outside the home which
tries to control the ego.
SUPPORT PERSONNEL – consists of an ambulance with medical crew and a fire truck shall
be detailed at the incident wherein crisis is ongoing.
SYMBOLIC HUMAN BEHAVIOR – a type of human behavior which focuses ob substitution.
TACTICAL HOLDING AREA – quarter wherein the crisis command prepares and plan for
deliberate assault.
THANATOS – instinctual drive toward violence and aggression.
TRAIT THEORY – a belief that criminality is the result of abnormal biological and/or
psychological traits.
TRANSACTIONAL ANALYSIS – refers to the study of social interaction of people.
VALUES – the main catalyst and defines the meaning of life and the reason for existence.
VALUE ASSUMPTIONS – these are belief about way things ought to be, good or bad,
desirable and undesirable.
VIRILITY MYSTIQUE – the view that males must separate their sexual feelings from needs
for affection, love and respect.
VISUAL – sensation by means of using the eyes or sense of sight.

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VOYEURISM – a form of sexual deviation by gaining gratification by seeing persons in nude.

WITHDRAWAL REACTION – defense mechanism against frustration by means of flight.
HUMAN BEHAVIOR
Human behavior
- It is the voluntary or involuntary attitude of a person adopts in
order to fit society’s idea of a right or wrong. It is partly determined by heredity and
environment, and modified through learning.
View points in the study of human behavior:

1. Neurological – emphasizes human actions in relation to events taking place inside the
body, especially the brain and the nervous system.
2. Behavioral – focuses on those external activities of the organism that can be observed and
measured.
3. Cognitive – concerned with the way the brain processes and transforms information in
various ways.
4. Psychoanalytical – emphasizes unconscious motives stemming from repressed sexual and
aggressive impulses in childhood.
5. Humanistic – focuses on the subject’s experience, freedom of choice and motivation
toward self actualization.
Factors that affect human behavior:

1.Heredity – It is determined by genes.
2.Environment – Consists of the conditions and factors that surround and influence and
individual.
3.Learning – It is the process by which behavior changes as a result of experience or practice.
Causes of conflicts in human behavior:

1. Physical causes – Refer to natural causes, like typhoon, an earthquake, flood, a storm.
2. Social conflicts – Involve restrictions on rules in the home, in school, in the
community.
3. Economic conflicts – Result from one’s inability to acquire material things because of
poverty or other financial obligations.
Two Basic Types of Human Behavior

1. Inherited Behavior – inherited or innate behaviour refers to any behavioural response or
reflex exhibited by people due to their genetic endowment or the process of natural selection.
2. Learned behaviour – learned or operant behaviour involves cognitive adaptation that
enhances the human being’s ability to cope with changes in the environment and to
manipulate the environment in ways which improve the chances for survival, such as verbal
communication, logical problem – solving techniques, job skills, etc.
Considerations for Inherited Behavior

1. Physical Traits. Humans inherit many physical traits from parents and ancestors.
2. Mental Traits. Many scientists believe that level of intelligence and special talents are
inherited.
Consideration of Learned Behavior

1. Environment. After birth, the infant is exposed to an external environment that is
extremely variable.
2. Training. Training is closely related to environment and includes all social, educational,
cultural, moral and religious agencies with which the child comes in contact.
3. Efforts of the Will. By means of the will, inherited capacities are realized and
intellectual opportunities are utilized.

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Personality Dimensions That Affect Human Behavior

1. Extraversion – it is the dimension that dictates conditionability and is therefore the principal
factor in anti-social behaviour. Although these components do not account for all personality
characteristics, they form the basic structure from which much of our behaviour originates.
Extraversion on a continuum, ranging from very high needs for simulation and excitement –
extraverts to very low needs for stimulation and excitement – introverts. The majority of the
population, about 67% falls somewhere between these two extremes – ambiverts.
2. Neuroticism – it reflects an innate biological predisposition to react, physiologically to
stressful or upsetting events. Basically, neuroticism represents emotionality.
3. Psychoticism – it is characterized by cold cruelty, social insensitibity, disregard for danger,
troublesome behaviour, dislike of others, and an attraction toward the unusual.
Psychological Explanations for Human Behavior

Biologists and chemists are not the only professionals to link behavior to physical
characteristics. Psychologists have attempted to explain behavior as well. For example, early
psychologists attempted to explain human behavior by means of an inherited trait called
intelligence. The influence of the positivists can be seen in these early attempts to link criminal
and other forms of anti-social behavior to mental retardation. Family studies were their sources
of data. As researchers traced criminality through generations of the same family, they concluded
that mental retardation was the cause of crime. It was not important to them what happened in
the mind of the criminal. It never occurred to positivists to ask how feeble-mindedness could
affect an individual, causing him to commit crimes or indulge in vices.
1. The Mind and its Relationship to Crime. Frequent comments are heard about the criminal
mind, and the literature devoted to explaining it extensive. Before the development of more
scientific theories on human behaviour and mental illness, one of the most popular
explanations was demonology. Individuals were thought to be possessed by good or evil
spirits, which caused good or evil behaviour.
2. Psychiatric Approach. The field of medicine that specializes in understanding, diagnosis,
treatment, and prevention of mental problems is psychiatry.
3. Personality Theory. Emotional conflict and personality deviation characterize many
criminals, especially habitual offenders, leading some theorists to conclude that these
deviations cause humans to become criminals.
4. Intelligence an Crime. Closely associated with the mental disorder approach is the
linking of crime and intelligence. The relationship between crime and intelligence is a clear
consistent link between criminality and low intelligence. Low intelligence and crime appear
together, and low intelligence is the cause of crime.
5. Cognitive Development Theory. This approach is based on the belief that the way in
which people organizes their thoughts about rules and laws results in either criminal or non-
criminal behavior. Psychologists refer to this organization of thoughts as moral reasoning,
although that term has different meaning to persons trained in law. There are two stages in
moral reasoning:
a. The belief that rules are sacred and immutable
b. The belief that rules are the products of humans.
Accordingly, humans leave the first stage at about the age of thirteen, and the second stage
leads to more moral human behavior than the first.
6. Behaviour Theory. Behavior theory is the basis for behavior modification, one approach
used in institutionalized and non-institutionalized settings for changing behavior. The
primary thesis is that all behavior is learned and can be unlearned.
Behavior theory is based on the belief that it is not the unconscious that is important but,
rather, behavior that can be observed and manipulated.
7. Learning Theory.
8. Learning theory acknowledges that individuals have physiological mechanisms that
permit them to behave aggressively. This theory differs from behavior theory in that the latter

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emphasizes that learning may be accomplished by using other people as models; it is not
necessary to engage in all the behavior that people learn.
Mental disorders
- In sociological viewpoint is the persistent inability to adapt oneself
to the ordinary environment.
- In medicine, is the prolonged departure of the individual from his
natural mental state arising from illnesses.
Who are Normal persons?
A normal person is one who behaves according to the norms and standards of society.
Characteristics of Normal persons:
1. Free expression of personality
2. Adequate security feelings
3. Efficient contact with reality
4. Adaptability to group norms
5. Emotional maturity
6. Adequate self knowledge
7. integrated and consistent personality
Who are abnormal persons?

1. When a person fails to meet the criteria enumerated above, we call him abnormal
person. When a person is frustrated in his attempts to adjust himself to difficult situation
over a long period of time, he may try to escape from these conflicts by doing one or several
things:
2. He may compromise with reality by developing imaginary ailments, phobias,
obsessions, or compulsions. This condition is known as neurosis.
3. He may withdraw from the real world into a world of fantasy and make believe
where his hidden or unexpressed desires may be fulfilled. In this state of mind a person
becomes psychotic.
4. Instead of compromising with reality, he may go to the other extreme and many
become very aggressive and cruel in his behavior towards others. He is then known as Anti
social Personality or Psychopath or sociopath, and when his antisocial behavior comes in
conflict with the law, he becomes criminal.
Symptoms of Mental Disorders

Generally, symptoms cannot be sharply classified because some of these are in
combination with others. Some adolescents have delusions of grandeur but also suffer imagined
persecution. Another case is one who suffers from extreme melancholia, an incurable disease, a
split personality or dementia praecox or schizophrenia.
1. Physical
Physical symptoms of mental and emotional disorders include rapid changes in pulse,
temperature, respiration, nausea, vomiting, headaches, dizziness, loss of appetite, marked
changes in weight, excessive fatigue, pain, coughs, lack of motor coordination and speech
disturbance.
2. Mental
Symptoms of mental and emotional disorders include flights of fancy; APHASIA – loss
of understanding or of producing language; AMNESIA – loss of memory; PHOBIAS – strong,
irrational fears; compulsion to engage in some form of behavior – kleptomania, pyromania –
obsessions like end of the world; false perceptions – illusions, hallucinations, delusions and
false beliefs.
3. Emotional

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Some symptoms of mental and emotional disorders are apathy – in difference,

accompanied by expressions of worry, crying, refusalto eat or speak; unnatural state of
happiness; behaviour symptoms – psychomotor activity, crying, laughing, constant repetition
of acts and profane language.
Several Types of Mental Disorders

1. Psychosomatic Illness – implies an interrelationship of mind body and desire. If an
adolescent is emotionally disturbed, his feelings are accompanied by physiological changes,
such as faster, heartbeat, gastronomical disturbances, and increased strength due to anger at
the moment he suffers physical discomfort or pain, which is a sign or symptom of a disease.
2. Psychoneurosis – is a mild form of mental disorder. A person may have no physical
difficulty, but may experience lack of sleep and loss of appetite, and becomes emotionally
unhealthy. Thwarting can cause this disorder that may persist from childhood.
3. Psychoses – are serious mental and emotional disorders that are a manifestation of
withdrawal from reality. Some of these disorders are encephalitis, intoxication, cerebral.
Factors that Affect Mental Disorders

1. Heredit
y – this is the most frequent with family histories revealing mental illness.
2. Incestu
ous Marriages – blood incompatibility of parents, maternal infection during the early stages
of pregnancy are some disorders associated with incestuous marriages.
3. Impaire
d Vitality – Mental worry, grief, physical, strain, unhygienic surroundings, infections and birth
trauma may predispose a person to mental disorders.
4. Poor
Moral Values Training and Breeding – Improper breeding and poor moral values training
particularly those affecting free will and self-control, undesirable associations, etc., may result
in an impaired mental state.
5. Emotio
nal Disturbances – such as love, hatred, passion, frustration and disappointment.
6. Physica
l Factors
a. Non-
Toxic – exhaustion resulting from severe physical and mental strain, illness, cerebral
hemorrhage, trauma on the skull affecting the brain.
b. Toxic –
this may be produced by excessive formation or deficient elimination of waste products; by
infection, or excessive use of certain drugs.
Some Manifestations of Mental Disorders

The condition of mental disorder cannot be clinically considered by the manifestation
of one sign or symptom, rather, it is essential to appreciate the condition of the mind as a whole.
Although certain behaviors may be observed in certain types of insanity, they may also be
observed in the clinically non-insane.
1. Cogniti
on Disorder – (KNOWING)
a. Percept
ion Disorders
 Illusion
– a false interpretation of an external stimulus. It may be manifested through sight,
hearing, taste, touch and smell. A normal person may also suffer from illusions.
 Halluci
nation – an erroneous perception without an external object of stimulus.
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b. Memory
Disorders
 Dement
ia – a form of mental disorder resulting from the degeneration or disorder of the brain
characterized by general mental weakness, forgetfulness, loss of coherence, and total
inability to reason but not accompanied by delusion or uncontrollable impulse.
 Amnesi
a – loss of memory. There are two kinds, i.e., Anterograde Amnesia – loss of memory of
recent events; and Retrograde Amnesia – loss of memory of past events and observed in
trauma of the head.
c. Content
of Thought Disorders
 Delusio
n – a false or erroneous belief in something which is not a fact. A person suffering from
delusion is not always insane. If he can correct his wrong beliefs by subsequent
experiences, by logic or by information from other sources, such delusion is not a proof
or insanity.
 Obsessi
on – thought and impulses which continually occur in the person’s mind despite attempts
to keep them out.
- Is a condition of the mind bordering on sanity and insanity. It is
sometimes associated with some sort of fear and usually occurs in persons suffering
from nervous exhaustion.
d. Trend
of Thought Disorders
 Mania –
a state of excitement accompanied by exaltation or a feeling of well-being which is out of
harmony with the surrounding circumstances of the patient. The mind is hyperactive,
with flights of fancy which may amount to incoherence.
 Melanc
holia – an intense feeling of depression and misery which is unwarranted by his physical
condition and external environment. He is absorbed by bhis miserable thoughts. Aural
hallucination is common.
The alternative condition of mania and melancholia is known as manic-depressive

psychosis, hence called Folie Circulaire. In between attacks of mania and depression is a
period of cessation of symptoms of psychosis known as Lucid Interval. Any person who
commits criminal acts during lucid intervals is criminally liable.
2. Emotional Disorders – (FEELING)
a. Exaltation – feeling of unwarranted well – being and happiness.
b. Depression – feeling of miserable thought, that a calamitous incident occurred
in his life, something has gone wrong with his bodily functions and prefers to be quiet and in
seclusion.
c. Phobia – excessive, irrational and uncontrollable fear of a perfectly natural
situation or object.
3. Volition Disorder – (CONATION)
a. Impulsion – sudden and irresistible force compelling a person to the conscious
performance of some action without motive or forethought. The person has no power to
control it, however bad the consequences may be.
b. Compulsion – although not included in the manifestations of mental disorders,
it is an act wherein a person is compelled to perform some actions against his free will and
with duress as a result of external factors. It may be through the use of force, violence or
intimidation.

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Psychoneurotic – are persons who are in the twilight between normality and abnormality. They
are not insane but neither are they normal. The neurotic is always tense, restless and anxious.
Frequently, they have obsessions, compulsions, phobias and in some cases, amnesia. Anxiety
is the dominant character.
Psychosis – is regarded as the most sever type of mental disorder. A psychotic has tensions that
disturb thinking, feeling and sensing, the perception of reality is distorted. He may have
delusions and hallucinations.
Sociopath or Psychopath- persons who donot have any neurotic or psychotic symptom but are
not able to conform with the prevailing customs and standards of conduct of his social group.
Some common characteristics of psychopath:

a. absence of conscience
b. emotional maturity
c. absence of life plan
d. lack of capacity for love and emotional involvement
e. Failure to learn from experience.
Human behavior and crime:

Some crimes are clearly the product of disordered minds. Mental disorders maybe related to
crime through various psychological mechanisms, which include the following:
1. Delusion of persecution – a false belief that he is persecuted.
2. Delusion of grandeur – a belief that he is in possession of great power, wealth, wisdom,
strength.
3. Compensation
4. delusion - a false or erroneous belief is something which is not a fact
5. excessive feeling of guilt
6. hallucination – An erroneous perception without an external object of stimulus.
7. Identification
8. mental deficiency
Human behavior and Homeostasis:

The Term homeostasis is often used in psychology and physiology to refer to the action
taken by an individual to protect or restore certain favorable state or equilibrium. The human
body has some built in mechanisms that regulate certain bodily processes and maintain a balance
among internal physiological conditions, just as the body strives to maintain emotional
equilibrium. It seeks to avoid excessive tensions and conflicts. When a person’s emotional
equilibrium is threatened by pressure from within or without, the human personality makes an
attempt to alleviate the internal crisis and restore internal balance.
Homeostasis and Criminal behavior:

The human personality can restore or maintain internal balance or emotional equilibrium
by resorting to psychological mechanisms, which may be conscious but for the most part,
unconscious efforts of the individual to reduce tensions, among these are:
1. defense mechanism
2. psychosomatic reactions
3. psychoneurotic reactions
4. psychotic reactions
5. delinquency or criminality
Disturbance of mentality:
Insanity – the persistent inability of the individual through mental cause to adapt himself to his
ordinary environment.
Mental deficiency – is the condition of arrested or incomplete development of the mind existing
before the age of 18 years old, whether arising from inherent causes or induced by disease
or injury.

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Types of mental deficiency:

a. Idiot – has mental intelligence compared to that of a two years old. It is a mental defect
which unable a person against common physical dangers. Mentality never exceeds that of a
normal child over 2 years old.
b.Imbecile –mental development similar to 3- 7 years old. Although the mental defect is not as
severe as that of idiots, he cannot mange his own affairs.
c. Feeble minded – mental development similar to 8-12 years old.
d.Morally defective – devoid of moral sense
Classifications of Mental Deficiencies

1. Severe Abnormality – a state of arrested or incomplete development of mind which includes
abnormality of intelligence and is of such a nature or degree that the patient is incapable of
living an independent life or of guarding himself against serious exploitation, or will be
incapable when of age to do so.
2. Sub Normality – a state of arrested or incomplete development of mind, not amounting to
severe normality, which includes sub-normality of intelligence and is of a nature or degree
which requires or is susceptible to medical treatment or other special care or training.
Other Types of Mental Disorders

1. Somnambulism – this is an abnormal mental condition whereby a person performs an act
while sleeping.
2. Semisomnoloence or Somnolencia – a person is in semisomnolent state when he is half
asleep or in a condition between sleep and being awake. A person maybe suddenly aroused
and may unconsciously commit a criminal act while in this state of confusion.
3. Hypnotism or Mesmerism – a person is made unconscious by the suggestive influence of a
hypnotist. He may commit a criminal act while under hypnotism, which he may not
otherwise be capable of doing.
4. Delirium – it is a state of confusion of the mind. It is characterized by incoherent speech,
hallucinations, illusions, delusions, restlessness, and apparently purposeless motions. A
person may commit a crime under a state of delirium.
Diagnostic categories of mentally disturbed persons:

1. Anti-Social personality – this is a mentally disturbed person who is opposed to
principles upon which the society is based.
Characteristics of an Anti-Social Personality
a. A person with an anti-social personality is also known as a sociopath or psychopath.
Definition of Sociopath
Is a person who lacks any sense of social or moral responsibility due to mental
illness.
Definition of a Psychopath
Is a person having personality disorders characterized by anti-social behavior, indifference
to immorality and abnormal changes in mood or activity.
- He is the classic manipulator or con artist.
- One of the most significant characteristics of this personality is the
absence of conscience or any guilt feelings.
- The person has not incorporated the moral values of society into his
life.
- He is often a glib and convincing speaker and presents himself
extremely well.
- The anti-social personality is selfish and strives for physical
pleasure.
- Most of his pursuits revolve around manipulating people to acquire
personal gains.
- He is often impulsive and demands immediate satisfaction.
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- He is unable to learn from past experience.

2. Paranoid-Schizophrenic – It is a mental disease resembling paranoia, but is also
characterized by autistic behavior, hallucinations and a gradual deterioration of the
personality.
Characteristics of a Paranoid – Schizophrenic :

a. The paranoid – schizophrenic is disturbed to a degree such that he is out of touch to reality,
suffering from psychosis, mentally deranged or insane.
b. There are usually two primary symptoms, i.e., hallucinations and delusions.
Definition of Hallucinations
Hallucinations involve hearing or seeing things that are not really there.
Definition of Delusions
Delusions involve a false system of beliefs that persists despite evidence to the contrary.
3. Inadequate personality- A person who does not fit a particular purpose.

Characteristics of an Inadequate Personality
a. Throughout his life, the person with an inadequate personality shows ineffective and
inept responses to social, emotional and physical stresses.
b. He is often a high school dropout and may have a succession of jobs, having been
fired from each one, because of poor performance.
c. He sees himself as a loser or as someone who always fails.
d. Taking hostages may be a last attempt to prove that he can succeed.
e. Hostage taking may invite attention from authority figures and media and could be
the high point of his life.
f. This person will try to show that he can really do something.
g. He usually has clear, but immature thought patterns, can understand the
consequences of his actions and can be negotiated with successfully.
4. Manic depressive – is characterized by alternating accounts of mania and depression.
Mania is a kind of insanity characterized by great excitement, while depression is a disorder
characterized by prolonged feelings of despair and rejection, often accompanied by fatigue,
headaches and other physical symptoms.
Characteristics of the Manic-Depressive:
a. A manic-depressive is usually depressed; and is out of touch of reality, is suffering from
psychosis, is mentally deranged or is insane.
b. He may consider himself unworthy to live. He feels guilty for past sins and often has
delusional beliefs.
c. He may believe that he is responsible for all the sufferings in the world and is current
depression is his punishment for living a sinful life.
d. The potential for suicide is extremely high as is the potential for killing hostages.
e. He takes who are members of his own family or persons known to him.
f. The person’s speech and movements may be extremely slow. He may take 15 to 30 seconds
or longer to answer a question.
g. He speaks about his unworthiness, his sinfulness or his feelings of guilt.
Alcoholism – a person is under the influence of or intoxicated with alcohol. The physical
condition and behavior has been modified to certain extent by the effect of alcohol.
Prohibited and Regulated drugs – influence and or addiction to drugs are considered
hazardous to health and affect mental capacity of a person.
Malingering – the feigning or simulation of a disease or injury characterized by ostentation,
exaggeration and inconsistency.
Difference Between Lawbreaker and Psychopath:
LAW BREAKER

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 Ordinarily motivated by what his crime will benefit him.

 Seek to avoid detection and apprehension.
 Avoid police, won’t give information or volunteer and to help police solve crimes.
 Maintains creed to loyalty with friends, family, even to society he opposed.
PSYCHOPATHS:
1. Steals with no rational reason.
2. Seeks to avoid detection but leaves clues for his apprehension.
3. Sees his unlawful activities as a game between himself and law enforcers.
4. Uncommitted loyalty to no one.
CRISIS MANAGEMENT
Crisis – The term crisis denotes disturbance like riots, lawless violence, disturbance, hostage
taking situation and the like that need police action or reaction.
- A situation or period in which things are very certain; difficult or painful, especially a
time when action must be taken to avoid great disaster or breakdown.
- A crisis is a crucial event or situation requiring a special response to assure an
acceptable solution.
Two Types of Crisis

1. Natural 2. Man-Made
Characteristics of Crisis
• Time Compression
• Necessitates rapid response.
• Necessitates unexpected response
• Normal activities carry on
• Threats to
- Life
- Property
- Reputations
- Relationships
- Operations
• Demands Accurate and Risk Effective Action
Crisis management – It is the expert handling of a crisis or emergency to reduce or eliminate

danger or damage, or the like especially on the part of the government. It is a proper way of
dealing with a crisis which includes planning, staffing, equipping, directing, supervising the
conduct of the actual operation to solve or neutralize the ongoing crisis.
- Refers to measures to identify, acquire, and plan the use of resources needed to
anticipate, prevent, and/or resolve a crisis, disaster, threat to public safety or act of
terrorism.
Objectives of crisis management:
1. Resolve without further incident
2. Safety of all participants
3. Apprehension of all perpetrators
4. Accomplish the task within the framework of current community standards.
Theory in Crisis Management :
1. Contain and negotiate
2. Protect the innocent from harm
3. Allow passage of time so that the perpetrators can be reasoned with through negotiation.
4. Allow the passage of time so that the response force can avail the following:
a. evaluate the situation
b. gather information
c. explore alternatives
d. formulate a plan of action
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Five Musts in Crisis Management

1. Rely on continuous flow of information from all sources.
2. Press perpetrators to abandon their position.
3. Receive, analyze and disseminate all information.
4. Mount controlled probes on the perpetrators position.
5. Prepare for a rapidly escalating series of events.
Actions During Crisis

1. CONTAIN the incident
2. ISOLATE the affected area
3. EVACUATE person at risk
4. APPROPRIATE POLICE ACTION
5. RESTORE NORMALCY / REHAB
Crisis Management Techniques

1. Locate
2. Isolate
3. Evaluate
4. Evacuate
5. Eliminate
HOSTAGE
Hostage situation –is a set of circumstances wherein a suspected law violator is holding a
person captive with the use of force and threat of violence while the police are in close contact
with the suspect and his captive.
Differences between Hostage-Taking and Kidnapping

The difference between hostage-taking and kidnapping are, that in kidnapping:
1. The police are not aware of the captives location
2. The police are not in close contact with the perpetrators
3. The police cannot exert any pressure on the suspects.
Categories of hostage takers:

1. Persons in crisis – are those who take hostages during the period of prolonged
frustration, despair and problems.
2. Psychotics – are mentally ill people who take hostages during a period of psychiatric
disturbance.
3. Common criminals- are people who take hostages for personal, rather than
ideological reasons.
4. Prisoners – are people who take hostages because of dissatisfaction and discontent
regarding their living conditions in prisons.
5. Political terrorists- are ideologically inspired individuals or groups of people who
take hostages because of political and ideological beliefs.
Three Generic Categories of Hostage-Takers

1. The Common Criminal
Characteristics of the Common Criminal:
a. The common criminal will generally concede to police negotiations if there is no way out
and hostages will generally be unharmed.
b. This type is classified as a rational creative thinker, is able to reason and can discriminate
on how much force is to be used against him.
2. The Psycho
Characteristics of a Psycho:
a. This person is unpredictable and may resort to violence depending on his mood.

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b. Skilled psychological police negotiators should be trained to talk and record all the things
at his level of understanding.
c. This type of person is generally described as full of inner conflict and frustrations which
are transferred to his immediate reality, distorted to suit his own illusions.
d. Some of this type will derive vicarious pleasure at being the focus of attention. He will
want to “dictate terms” and will also want to be in a “very important persons” category.
e. In other cases, he will be motivated by a strong death wish and will offer to allow his
escape to diminish the importance of the situation.
f. Bringing a priest, wife or sweetheart may plunge the psycho right back into the
environment from which he is desperately seeking refuge and the reaction may result in
killing the hostages and himself.
3. The Fanatic
Characteristics of a Fanatic:
a. This category includes the one who falls on the extreme side of violence.
b. He is the most dangerous because the law in his mind has no legal basis.
c. This mental orientation only sees misdirected social justice.
d. This type will rationalize deviance in terms of revolutionary zeal often parlayed by
feelings of inadequacy.
e. The group he belongs to judges its peers by acts of manliness, honor and thinly-veiled
violence.
f. The law enforcement officer may have to resort to ego-flattering if he can approach close
enough, and if the fanatic condescends to talk to him from his “ivory tower” of illusory
superiority.
Principles of Hostage negotiation:

1. Hostages are not important to the hostage taker. What is only important to him is to
get what he wants not from the hostage but from the authorities.
2. Hostage situation should not be violent to discredit the authority as well as the hostage
taker. If it goes violent or it cannot be prevented to be violent\, the authority must com out
to be the victor.
3. The priority in hostage negotiation is the preservation of life( this is the most
important), apprehension of the hostage taker and the preservation of life and property.
4. For hostage negotiator to be successful there must be a need to live on the part of the
hostage taker. Because if the hostage taker has no need to live, the situation is non
negotiable.
The most important in hostage taking is the reaction time. One should not be slow in
attending to the situation. The situation must be neutralized immediately.
Professional hostage taker is one easy to deal with because they are reasonable as they
can assess easily the situation when surrounded.
The hardest one to deal with is the terrorist because of his training and ideology.
Composition of Crisis Management team:

1. Patrol Officer – Responds to the crime scene, confirms situation, evacuates injured and the
threatened, evaluates situation, establish perimeter, establishes outer perimeter, gathers
intelligence and identifies command post.
2. Commander – Manager, controller, overall decision maker and delegate’s authority for
perimeters, negotiations, tactical planning, supports elements, logistics and media relations.
3. Assistant Commander –Performs delegated duties, tactical panning, perimeters,
negotiations, support elements, and media relations and keeps commander informed at all
times.
4. Emergency Services team – Reconnaissance, arrest, counter-sniper, isolation, evacuation,
placement of electronic devices, assault and rescue, delivery of negotiated items, protection
of negotiators and crime scene preservation.

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5. Negotiator – Primary communicator with perpetrators, coaches, chronographers, messengers,

radio operators and intelligence officers.
6. Communication specialist – sets up and monitors communication equipment, monitors
surveillance equipment, maintains equipment, maintains advance command post.
7. Tactical squad personnel – containment teams, security teams and support teams to
emergency services team.
8. Combat photographer – gather tactical intelligence, record and preserve evidence.
9. Staff psychologist – interprets negotiations, monitor stress levels, provides mental health for
members.
10. Aerial Support Crew – Aerial surveillance, evacuation services and transportation
11. Public Information Officer – issues media briefings, monitors media activities,
monitors community sentiments, maintains liaison with media and issue press releases.
12. Investigators – gather evidence, provide intelligence, interview witnesses, and interview
perpetrators and prepare criminal charges.
13. Explosive ordinance Personnel – advise emergency services team on Improvised
explosives devices.
TELEPHONE NEGOTIATION TECHNIQUE

1. Be the caller (Talk with the leader only).
2. Plan and prepare
3. Be ready with graceful exit
4. Discipline yourself to listen
5. Do not tell that you are the commander, neither your rank
6. Just tell “My name is ….. I am a police negotiator and willing to help."
7. Delay tactic – to wear down hostage taker, physically, psychologically and emotionally. Will
also give more time for police to organize and coordinate plan course of action.
8. In case hostage taker won’t talk, continue negotiating. Don’t lose hope.
ADVANTAGES OF COMMUNICATION (between the hostage taker and negotiator):

1. Lessens tension of hostage taker
2. Gives more time for authorities to plan and coordinate course of action
ADVANTAGES OF TELEPHONE CONVERSATION:

1. Easier to say decline demands
2. Easier to conclude the conversation
3. Conversation is quicker
4. Important items are more easily committed
5. Caller has the advantage
Telephone conversation however, are impersonal where the negotiator is unable to see the
hostage taker, the hostages, reaction and conditions. Weapons and Ammunitions are non-
negotiable.
HOSTAGE TAKER – NEGOTIATOR RELATIONSHIP

1. Trust and Rapport – While trust must be there, beware of it.
2. Deceit – Tell lies but don’t be caught.
Demand of hostage answer : Money, Escapes, Vehicles
RULES – ANSWER
1. Delay, impress hostage taker even simple demand are hard to get; that you need to talk
with commander or other people, etc.
2. Get something in return for every concession granted, like aged, sick and young hostages.
3. Don’t give concession at once, subject to interpretation that you could easily.
FACE-TO-FACE NEGOTIATION
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1. Don’t be over anxious

2. Wear body armor
3. Have a tactical back-up (snipers)
4. Traps at doors or windows
5. Entering without gun being pointed at you
6. Face-to-face, mountain distance
a. Persons distance – 1 to 3 feet
b. Intimate distance – about 6 inches
7. Withrawing, facing hostage taker slowly backing out the door.
EFFECTS OF TIME
1. Hostage taker will wear down emotionally and psychologically.
2. Hostage taker has more demand for food and water.
3. Anxiety reduce, hostage taker given chance to organize his true self.
4. Hostage takers’ rationally increase.
5. Hostage taker-negotiator relationship improves.
6. Hostage takers’ demand may be reduced
7. Stockholm Syndrome may develop.
PLANNING AND PREPARATION FOR HOSTAGE SITUATION

In a relatively small town or community where it could merely depend on a small
contingent of police force, it must for purpose of preparation designate;
DESIGNATION AND DUTIES

1. Field Commander (Everyone must know about)
a. Take charge of all forces
b. Provide containment of Hostage Taker – scaled of place, evacuate civilians
c. Establish contact with hostage taker
d. Consult with commander Officer (Highest Authority) reavues open.
e. Wear civilian clothes
2. Operational Aide
a. Report to yield negotiator
b. Set up temporary headquarters
c. Coordinate assignment of off-duty personnel arriving at scene
d. Assisting units as necessary
e. Relay orders/information to personnel involved; receives request
3. Administrative Aide
a. Report of Field Negotiator
b. Supervise temporary headquarters
c. Maintains record of operation and units at scene
4. Patrol Personnel (with one leader)
a. Contain hostage takers (perpetrators) and help evacuate civilians out scene.
5. Assault Team (with one leader)
a. Sharpshooter (with high powered arms, on flak vests protective armor).
b. Chemical Agent
Needed facilities (two way radio; for each of the above and what to do)
1. Set in single frequency (strict discipline needed)
2. Communication to originate from operational aide – form of orders, request or updating
information.
What is Important:
1. Dry Run – one way to ensure hostage negotiating unit is capable of establishing control
over a situation.

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2. Considerable Screening – members; one chosen, the team members-should be given free
reign in handling and evaluating of any incidents; for should a senior office begins
countermanding orders in the site, the results will certainly be a both bundled.
3. Patrol units, assault unit, etc., should know exactly whose command they are under.
4. Rescue efforts have to run strictly from the top down.
MANUAL ON HOSTAGE NEGOTIATIONS (PNP)

AUTHORITY
This Manual shall provide for the procedures to follow during Hostage-Taking incidents
involving criminals, prisoners, mentally deranged, and those Hostage-Taking/Kidnapping
incidents involving Terrorists and Suicide intervention.
A. MANAGEMENT OF BARRICADE HOSTAGE-TAKING INCIDENTS INVOLVING
CRIMINALS and MENTALLY DISTURBED PERSONS
Categories of Hostage-takers
a. Criminals.
Criminals are generally more interested in money, escape or personal safety. They may
have taken hostage(s) in response to unforeseen circumstances and have not really thought out
the consequences of what they have done.
Criminals caught in the act of committing a crime often take hostages. An important first
step is to determine whether this is a mentally disturbed person. After ruling out mental
disturbances, you can be fairly sure that you are dealing with a person who has had frequent
contact with the law, knows what to expect from the police, and knows what he may need to do
to get out of this situation alive. The negotiation process in this case should be a reality oriented
discussion, helping the hostage-taker to recognize the facts of the situation and convincing him
to accept his physical safety in return for the release of hostages.
b. Prisoners
Incarcerated persons sometimes riot and take hostages (usually guards). In cases such as
these, there is less concern about mental disturbances, since those prisoners who are
psychiatrically disturbed are usually moved to institutions for the criminally insane. Riots
usually center on complaints concerning prison conditions and demands for improvement.
Taking hostages gives the prisoners more bargaining power and a significant amount of
media coverage. The fact that the hostages are law enforcement personnel, it increases the
chance of hostages being killed. The preferred response to this type of incident is rapid police
action before true leaders of the unruly group begin to emerge. If there is not rapid action, the
negotiations should be carried out as if you were dealing with a mentally “normal” criminal.
c. Mentally-deranged
These individuals take hostages because of something that may have provoked them.
They probably have not engaged in planning whatsoever. Paranoid schizophrenics, psychotic
depressives, anti-social personalities and inadequate personalities are some of these types.
A mentally disturbed person may take hostages in order to correct what he perceives to
be wrong. He may believe that he has to take hostages in order to carry out some sacred mission
or to prove that he can do something important.
PURPOSE
The purpose of this manual is to provide the PNP with relevant information on how to
respond to a hostage-taking crisis so as to improve the existing procedures on responding to
hostage-taking situations, thereby decreasing the risks to the responding policemen, victims, and
the hostage-taker.
The procedures, tactics and techniques in hostage negotiation herein discussed shall apply
to a hostage-barricade incident, wherein the location of the hostage-taker and the hostage(s) are
known and the incident site is surrounded and cordoned.
OBJECTIVES OF NEGOTIATION
Negotiation should be conducted primarily for the following objectives:
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a) The safe release of the Hostage

b) The safe surrender of the perpetrators or arrest of the suspects
c) Minimize damage to properties
For purposes of gaining tactical advantage, Negotiation should also aim to achieve the
following objectives:
a. To gather intelligence from the stronghold.
b. To gain enough time for the assault preparation.
c. To establish routine among the perpetrators.
d. To build rapport with the perpetrators.
e. To build stability within the stronghold.
f. To provide time to explain the police activity to the perpetrators and the hostages.
DEFINITION OF TERMS
 BACKTRACKING refers to tracing of events with the end-in-view of identifying personalities
and locating places basing on the recollection of the kidnapped victim before, during and
after captivity.
 COURIER refers to the person delivering the concessions, which, or purports to be, that
being demanded by the offenders.
 COUNTER- SURVEILLANCE means any method either physical or technical employed by
the offender to detect Law Enforcement involvement or the use of surveillance.
 CRISIS MANAGEMENT refers to the action undertaken to unify and coordinate resources
and efforts to effectively quell a given criminal/life threatening situation.
 CRISIS NEGOTIATION means the use of communication techniques and strategies to
influence a person to change behavior in accordance with goals within legal, ethical and
moral constraints.
 FAMILY LIAISONING is the procedure of conducting/initiating contact with family of the
victim to enhance cooperation and coordination.
 HOSTAGE refers to an individual who has been held by suspect against his/her will.
 HOSTAGE TAKING/KIDNAPPING means the unlawful taking and carrying of a person by
force or fraud or against his will, or in any manner depriving him of his liberty for the
purpose of extorting ransom as payment for his/her release.
 INCIDENT COMMANDER is the designated senior officer in command of the incident.
 INTERMEDIARY refers to any person authorized by the Incident Commander to
communicate with the hostage-takers either upon the request of the latter or to facilitate
smooth communication between the designated negotiators and the hostage-takers. All
actions of the intermediaries are supervised by the negotiators.
 NEGOTIATION means to communicate on a matter of disagreement between two parties,
with a view to first listen to the other party's perspective and to then attempt to arrive at a
resolution by consensus.
 NEIGHBORHOOD CHECK means getting information from a person who knew the victim
particularly in the neighborhood with the purpose of obtaining material information about the
victim and probable suspect.
 NTL refers to the Negotiation Team Leader
 PAY-OFF means the exchanged of an agreed amount between the family and the kidnappers
at a designated time and place for the safe release of the victim.
 POLICE NEGOTIATOR (Coach) refers to a trained PNP personnel or any person authorized
by the On-scene Commander to assist the victim’s family in the negotiation.
 PROOF OF LIFE means the positive indication that the hostage is alive.
 STRONGHOLD refers to any location or structure, fixed or mobile, where the hostage is
being held.
 SUICIDE INTERVENTION means the use of communication techniques and strategies to
influence a person to change behavior and reconsider his desire to commit suicide.
 TACTICAL INTERROGATION refers to the act of questioning or eliciting information from a
suspect to produce information of tactical or operational value.

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 VICTIM refers to the person to whom the unwarranted demand or threat is directed or
intended, or is expected by the offenders to respond.
 VICTIMOLOGY means obtaining a detailed account of the victim’s lifestyle and personality
that can assists in determining the nature of the disappearance, the risk level of the victim,
and the type of person who could have committed the crime. It also includes complete
information regarding the victim’s physical description, normal behavioral patterns, family
dynamics and known friends and acquaintances.
AUTHORITY TO DECLARE A HOSTAGE CRISIS
The Provincial Director or the Chief of Police shall have the authority to declare the
existence of a hostage crisis and as such will advise the local chief executive concerned for the
immediate activation of the Crisis Management Committee.
The Commander on the field, that is, the Station Commander shall be designated as
Incident Commander for hostage-taking incidents.
Other government agencies through the direction of the City mayor shall enlist their
participation and use of their resources.
The Crisis Management Committee
COMPOSITION OF THE CRISIS MANAGEMENT COMMITTEE
Chairman, CMC
The Crisis Management Committee shall be headed by the local chief executive
concerned who shall be responsible for the development of a response plan to different potential
crises.
The Incident Commander

When setting strategies during hostage situations, the Incident Commander shall consider
two options:
a. Intervention - when the situation provides all the probabilities for an early solution and may
yield the safe release of all hostages in the stronghold through an immediate action.
b. Contain the incident and wait - when the situation show signs that an immediate action
would complicate the situation and threaten the lives of the hostages. Negotiation should
follow immediately thereafter to reduce the emotions, build rapport with perpetrators, gain
time and intelligence to enable to draw out a contingency plan, and secure best opportunity
for safe outcome.
The Incident Commander shall consider the following priorities when setting strategies
during hostage/crisis incidents:
a. First - identify the problem. Determine the type and level of threats being posed to the
hostages.
b. Second - Locate the perpetrators and hostages. Determine the extent of the affectation.
c. Third - contain the incident to prevent it from escalating to the other unaffected areas and
then work for the neutralization of the perpetrators. Initially through negotiation and then
armed intervention if the negotiation fails.
Basically, in mapping out negotiation strategies, the Incident Commander should

consider the following:
a. Preservation of life. The strategy should work for the safe release of the hostages and safe
removal of the hostage takers without danger or harm to police or public.
b. Arrest of the perpetrators.
c. Recovery of substantive evidence that could warrant the filing of appropriate charges in
court against all perpetrators.
The Negotiation Team in the Command Structure

J.D./2016
The Negotiation Team composed one of the elements of the Crisis Management
Committee within the Negotiation Group. It is directly under the control and supervision of the
Incident Commander.
The negotiation team shall be located separately from the other members of the Crisis
Management Committee but within the inner cordon. The team location should be strategically
located to provide the negotiators the general view of the stronghold.
The Negotiation Team Leader reports directly to the Incident Commander. Likewise, all
information from other sources that needs to be relayed to the negotiation team must pass
through or approved by the Incident Commander.
All information gathered by the Negotiators shall be relayed to the Negotiator Team
Leader and pass directly to the Incident Commander. No information shall be given to the
negotiator or to the other elements of the Crisis Management Committee without the approval of
the Incident Commander.
Negotiators must communicate directly to other elements for purposes of coordination
during deliveries and collections.
The Negotiation Team Structure

Generally, the Negotiation Team consists of at least five (5) main negotiators. Each team
member plays a vital role in the successful resolution of critical incidents. The Primary
Negotiator actually communicates with the subject. The Secondary (or backup) Negotiator
assists the primary negotiator by offering advice, monitoring the negotiations, keeping notes, and
ensuring that the Primary Negotiator sees and hears everything in the proper perspective.
The Intelligence Negotiator interviews persons associated with the suspect to compile a
criminal history and a history of mental illness, as well as to gather other relevant information.
The Boardman or Recorder is in charge of the recordings of all conversations.
Often, a most senior member of the team will act as the Negotiation Team Leader, whose
primary responsibility is to act as a buffer between command personnel and the negotiations
team. Invariably, and understandably, field commanders want to offer their advice to the
negotiations team. Whenever possible, suggestions should be routed to the negotiations team via
the Primary Negotiator.
Except in cases where negotiators are not physically available or the situation demands
for the immediate commencement of negotiation, the Negotiation Team structure will be as
follows:
a) Negotiation Team Leader
b) Primary Negotiator
c) Secondary Negotiator
d) Intelligence/Recorder Negotiator
e) Board Negotiator
The Negotiation Team Leader (NTL)

NTL is an experienced and competent negotiator with sound operational skills. He
ensures the cell is properly run and accurately reflects the Incident Commander’s strategy. He
advises the Incident Commander on best negotiating strategies and co-ordinates negotiation with
SWAT and forward command resources.
The role of the NTL is to manage all aspects of negotiations. This includes:
a. The selection of appropriate negotiators and the balance of the team, the assignment of
officers to specific functions in the cell, the location of the cell (or point from which
negotiations are conducted), the provision of equipment to the cell, the security of the cell,
the method of negotiations, i.e. loud hailer, field telephone, etc; the maintenance of a
negotiator’s log, the welfare of negotiators; changes to the negotiating team, the deployment
of interpreters, psychologists or psychiatrists and any other aspect of negotiation;
b. Translating the Incident Commander’s strategy into negotiating reality;
c. Offering advice to the Incident Commander on the options offered through negotiations and
explaining the limitations of negotiations;

J.D./2016
d. Ensuring the integration of negotiator’s into Incident Commander’s overall strategy, in

particular ensuring liaison with firearms and/or assault teams.
It is clear from the above definition that the NTL has two main places of work at a siege.
The first is with the negotiating cell, the second with Incident Commander. Because the
Negotiator Team Leader is likely to be more experienced at sieges, the Incident Commander may
want the NTL to spend more time with him as an advisor that is desirable for the overall success
of the operations. NTL should attend and contribute to conferences and briefings conducted by
the Incident Commander. Once they have made their contribution to the meeting, which should
be at an early stage, the NTL should rejoin the negotiating cell as soon as possible. It is fair to
say that the incident commander will always want direct input from the NTL.
The NTL must be able to give the Incident Commander an absolutely honest assessment
of what is and what is not possible through negotiations. This may include critical comment on
suggestions by Technical Support Unit, firearms or assault teams. It is not possible to “keep
them talking” while tactical or technical assaults are staged, the NTL must not be afraid to say
whatever he thinks is right or wrong. Despite difference in rank between the other team leaders
and NTL, this should not hinder the latter from being prepared to do some straight talking.
Communications - There must be a reliable means of communications between the NTL
and the cell and also between the NTL and the Incident Commander. Technical Support Units
may be able to provide suitable radios. Use can also be made of pagers and mobile telephones.
Whatever equipment is deployed, it is essential that the NTL is able to receive communications
anywhere at the scene of the incident.
Inside the Cell -There are three broad areas to the NTL’s work. These are:
1. Tactical co-ordination
2. Cell discipline
3. Strategic coaching
Coordination with SWAT Commanders- The NTL must ensure that his negotiators have
effective operational liaison with the inner cordon commander, usually the forward commander
or perhaps a commander specifically charged with commanding the inner cordon. At incidents
where few resources are deployed liaison may exist only between the negotiators and the SWAT
Commander.
Whatever the size of an incident and the extent of resources deployed, it is essential that
proper liaison exists between the negotiating team and the SWAT Team Leader. The importance
of the effectiveness for this liaison cannot be over emphasized. If the NTL is in any doubt
whatsoever about the effectiveness of the coordination between the negotiators and the SWAT
Team in the inner cordon he or she must immediately inform the Incident Commander.
To proceed with deliveries or releases from the stronghold agreed by the negotiators but
in the absence of proper coordination with the SWAT and security personnel can be fatal.
Technical Support Units- A similar responsibility for co-ordination exists in relation to
the work of negotiators and the technical support units. Negotiations often provide valuable
opportunities for the deployment of technical resources. Even when intrusive technical
equipment is not deployed ordinary deliveries to the stronghold provide an opportunity for
surveillance photography. The NTL must ensure that spotters or photographers on the inner
cordon are given advanced warning of any delivery or active participation in the stronghold by
the negotiators. Even negative intelligence, i.e. that the hostage takers claim not to be able to see
movement is in itself valuable.
General - Even the delivery of food to the stronghold requires tactical co-ordination by
the Negotiator Team Leader. The NTL must be sure that food and drink requested by the
hostage takers, or offered by the negotiators on the instructions of the incident commander, is
actually available for delivery.
Negotiators Discipline, Safety, and Security - The NTL must ensure that negotiators
operate within the framework of instruction that forms the basis of national training. The
occasions on which a full cell can be deployed are rare, but the principles of negotiation are the
same whether two negotiators are deployed to deal with a single threatened suicide or a full cell
is deployed with support to confront armed criminals or terrorists. The NTL must firstly ensure

J.D./2016
the safety and security of the negotiators. While it is accepted that negotiating cannot be without
risk, much can be done to reduce the risk, and to ensure that negotiators, by their own actions, do
not jeopardize their well-being unnecessarily. Security for the negotiators may range from
simply providing an officer to hold onto the clothing of an over zealous negotiator in a face to
face situation to providing full armed protection for the negotiating cell in a precarious position.
Preparation - In every incident, the NTL must ensure the cell is protected from
unwelcome visitors by securing the services of a guard. Once the position of the negotiators has
been established the NTL must ensure that proper preparations have been made before
negotiation commence. Sometimes Incident Commanders will want negotiators to start talking
as soon as they arrive on the scene. NTL must ensure that Incident Commander realize that
commencing dialogue without proper preparation can actually make it worse.
Once dialogue commences NTL should gently prompt and coach the negotiators to
pursue the line of negotiation the NTL should gently prompt and coach the negotiators to pursue
the line of negotiation the NTL has agreed with the Incident Commander.
Logs and recordings - The NTL must ensure that a proper record of negotiation is
maintained. Where tape recordings are being contemporaneously made of negotiation, written
logs need only include brief details of events which impact on the direction of negotiations, e.g.
request for food, a release of a hostage, etc. Where no tape recorder is immediately available, or
where doubt exists about the effectiveness or practicality of tape recording, logs ought to be
more comprehensively completed. This does not mean that the log should ever attempt to
represent an accurate contemporaneous note of all dialogue. In trying to achieve this, there is a
real danger that the primary objective of the negotiation becomes sub-ordinate to the pure
bureaucracy of maintaining a log. However, NTL must be alert to the possibility that the details
of negotiation may be the subject of some kind of judicial review at which negotiators may be
called to give evidence. In these circumstances the log would be an original note and should be
kept accordingly.
Welfare - In addition to the general discipline of the cell, including silent running, the
proper wall displays and the use of equipment, the NTL must ensure that the balance and welfare
of the negotiating team is maintained. The NTL should not shirk from removing a negotiator
whose style is in anyway detracting from peaceful resolution of the incident.
Protracted incidents- The NTL must plan ahead. The staggered replacement of a team
over a period of hours is now thought to be preferable to the complete change of a team in a short
period. This staggered hand over, if it can be achieved, substantially reduces the burden on the
NTL in the detail he or she has to provide to the incoming team.
Strategic responsibility - Once the negotiator NTL has advised the Incident Commander
on the “art of the possible” through negotiations it is then a mater for the NTL to translate the
Incident Commander’s strategy into negotiating response. In practical terms this means advising
the negotiators what they should be saying or what lines they should be adopting in trying to
secure the strategic objectives. Based on all the intelligence and information available, the
Incident Commander may decide that it is a primary objective to ensure the release of a
particular hostage, say because the individual suffers from an illness which may be adversely
affected by their detention. The NTL must devise a negotiating strategy that achieves this end.
A further example might be where an incident commander decides that more intelligence is
required from within the stronghold. To achieve better flow he or she might decide to deploy a
comprehensive technical assault on the premises. To support this strategic objective, the
negotiators might be required to encourage those in the stronghold to accept specific deliveries or
make them available for photography. Finally, the Incident Commander may decide, again
based on intelligence and information available, that a peaceful resolution of a hostage barricade
incident is unlikely. Intel may indicate that extreme violence is being used inside the stronghold
which is not being disclosed through the negotiation. In these circumstances an Incident
Commander may decide to assault or an assault by armed officers of SWAT.
Dealing with stress - Where the outcome of any siege barricade incident results in loss of
life or serious injury to a hostage taker or hostages, negotiators are likely to feel a sense of
failure. Following strenuous negotiation the emotional strain associated with a violent resolution

J.D./2016
may require careful handling and possibly counseling. NTL should be alert to signs of stress,
both in the negotiators and in themselves. There are many facets to the role of the negotiator
NTL. The nature of the job means that they will attend more sieges than the average senior
officer. Their combination of skills and experience makes them an invaluable aid to a Incident
Commander. In some instances incident may see the negotiator NTL as management of the
incident. NTL must resist. The overall success of the management of a siege/barricade incident
is substantially dependent on everyone doing their own job and nobody doing anybody else’s.
The Primary Negotiator

Primary Negotiator is the principal negotiator. He/she is actually engaged in
conversation with the hostage taker.
The Secondary Negotiator
Secondary Negotiator gives direct support to the Primary Negotiator in interpreting and
implementing the Incident Commander’s overall strategy through negotiating tactics. He/she is
also responsible for the safety of the principle negotiator when both are engaged in face to face
situations.
The Intelligence/Recorder Negotiator
Intelligence/Recorder Negotiator provides a communication link between the negotiators
and the remainder of the police command structure. He also supports the role of the Secondary
Negotiator in tactical development. He maintains a detailed log of events.
The Board Negotiator
Board Negotiator is the “board person” who maintains a visual display of all information
relevant to the negotiations, i.e. deadlines, demands and details of persons known to be in the
stronghold.
PLANNING AND PREPARATION

The primary concern for every negotiation should always be for the safe release of the
hostages and safe surrender of the hostage-takers or arrest of the suspects, as such, all policies
and guidelines pertaining hostage-taking incidents should be in consistent with this policy.
Negotiations must never be regarded as a perfunctory precursor to a tactical option.
Negotiation should offer the best options for the hostages, the hostage takers and the police.
Negotiation must be conducted in accordance to the policy of no substantive concession.
The following shall not be provided in exchange for the safe release of the hostages:
a. Release of prisoners serving sentences in prison.
b. Major policy or constitutional changes.
c. Escape from prosecution of any person.
d. Capitulation by any authorities.
Assessment of Threat
Before the start of the Negotiation, the threat level must be immediately assessed in order to
determine the appropriate response to be undertaken.
The Situation
What has occurred?
Who initiated the call?
What was the time of occurrence?
The Stronghold
This is the place from which police are excluded or the place from which the demands of the
hostage-takers are made.
1 Where?
2 Static or mobile
2 What can we see?
3 What can they see?
4 Are we safe – what are the conditions?
J.D./2016
5 Are they safe – what are their conditions?
Hostages
1. How many?
7 Who- Personalize?
8 Where in the stronghold?
9 How are they?
Hostage Takers
1 How many?
2 Who?
3 Why-deliberate or accidental
4 How?
5 How armed?
6 Where in the stronghold?
7 External support?
8 Who?
9 When?
10 How long?
Training
The Chief of Police must give emphasis on the training provided to their Negotiation
Team. At a very minimum, negotiators should complete the Basic Hostage/Crisis Negotiations
Course.
Rehearsals and Simulated Exercises

It is imperative that to enhance cooperation, negotiators and personnel from tactical
teams should train together on a regular basis.
Every police station should have trained hostage negotiators who will conduct training
exercises four to six times a year. These rehearsals and simulated exercises should include four
(4) fully enacted crisis scenarios with the participation of the Police Commander and the tactical
team.
Although it might appear that negotiators and tactical teams work at cross-purposes
during a crisis, nothing could be further from the truth. Society requires that law enforcement
exhausts all means available prior to launching a tactical resolution to an incident. If these means
prove unsuccessful, then the transition from negotiation to tactical assault must be a smooth one.
CONCEPT OF OPERATION/PROCEDURES
The following are the procedures to be followed when confronted with a hostage-taking
incident:
a) Contain
b) Isolate
c) Evacuate
d) Evaluate
e) Negotiate
a. Contain the Incident

Contain the incident in as small an area as possible, and consider the safety of all
participants. Basic police procedure dictates that any crisis incident be contained using both
inner and outer perimeters established and maintained by the police. Critical incidents such as
hostage takings, barricade situations, or suicide attempts must be contained prior to the start of
negotiations. Mobile negotiations should not be attempted.
While the need for a secure inner perimeter is obvious, crisis incidents also require an
emphasis on a well-controlled outer perimeter. When arriving at the scene of a hostage taking,

J.D./2016
barricade situation, or suicide intervention, negotiators often encounter a large crowd made up of
bystanders, the press, and the subject's family members. It is important that the subject not be
given an audience to "play to." Negotiation cannot succeed if negotiators must compete with
outside influences for the subject's attention.
b. Isolate the stronghold

Isolate the perpetrators and inhibit their ability to expand their control. Ensure that their
movements are restricted. Decrease the perpetrators area of control.
c. Evacuate persons at risk

Prevent innocent persons from becoming involved in the actions. Protect those
innocents that are in harm’s way. Police lines need to be established as soon as possible.
Municipal regulations usually allow the government to prevent vehicle or pedestrian traffic into
certain danger areas.
d. Evaluate the Situation

There are many possible exigencies during a crisis siege. All possibilities must be
considered and adequate response plans developed or approved by the Incident Commander.
Emergency situations that are encountered at the crisis scene should have been anticipated and
planned for in a training environment.
e. Negotiate
The primary goal of hostage negotiation is to resolve the siege obtaining the safe release
of the hostages and the arrest of the hostage taker without the loss of human life.
This goal means that the lives of each and every hostage are more important than
property, and more important than time or money. If and when it becomes necessary, the
hostage taker may be allowed to depart unmolested if his arrest cannot be achieved without
recklessly endangering the life of a hostage.
This goal can be achieved through the implementation of strategies, guidelines, and
techniques. It requires that the Incident Commander control and contain the crisis by making
sound decisions after consultation with his hostage negotiator and the tactical units.
Reasons for Negotiation

o Tactical team need time to prepare.
o Time is provided for additional experts to arrive.
o Intelligence is gained.
o The hostage takers' plans, intentions and actions can be delayed and/or diverted.
o Searching for alternatives is expanded.
o Dialogue increases the hostage takers' vulnerability.
Negotiator’s Action
a) Stabilize and contain the situation;
b) Select the right time to make contact with the hostage-taker;
c) Take time when negotiating;
d) Allow hostage-taker to speak;
e) Don’t offer the hostage-taker anything;
f) Avoid directing frequent attention to the victim’s when talking to the hostage-taker.
Don’t call them hostage;
g) Be as honest as possible; avoid tricks; be sincere;
h) Never dismiss any request from the hostage taker as trivial or unimportant;
i) Never say “NO”;
j) Soften the demands;
k) Never set a deadline; try not to accept a deadline;
l) Do not make alternate suggestions not agreed upon in the negotiation;
m) Do not introduce outsiders (non-law enforcement officers) into the negotiation process
J.D./2016
unless their presence is extremely necessary in the solution of the crisis. Provided that,
they shall be properly advised on the Do’s and Dont’s of hostage negotiation;
n) Do not allow any exchange of hostages unless extremely necessary. Do not exchange a
negotiator for a hostage;
o) Avoid negotiating face to face;
p) Law enforcement officers without proper training shall not be allowed to participate in
hostage negotiation.
q) Use Open and Closed questions
r) The conversation should be unchallenging
s) Use non-provocative statements
t) Be helpful
u) Calming the perpetrator/suspect by:
Understanding
Modeling
Encourage ventilation
Distraction
Preventing provocation
Avoiding Non-verbal cues to aggression
v) Do not stick to your own agenda; be flexible.
w) Deal with what the perpetrator wants to talk about.
x) Think “INTELLIGENCE” Do NOT talk when you should be LISTENING!
y) Never make a statement that could be exposed as a lie. This will destroy your honesty
and credibility.
) Never speak down to them.
Conduct of Investigation
Immediately after the hostage-taker was arrested or surrendered, he shall be turned-over
to the designated investigator for appropriate filing of charges in court.
MEDIA MANAGEMENT
Media Management is critical. The following are the guidelines when dealing to media
during hostage crisis:
Get Your Message Across

Be prepared to say what you want to say, understanding that you will have to answer the
reporter’s questions. You are the expert in this type of situation, so take the initiative and get
your message across. If given the opportunity, prior to the interview, think about the key issues
and statements you wish to present. This way, you can work those issues and statements into the
interview when and where appropriate.
Be Informative
Media interviews are not meant to be “conversations” with the reporter. You are there to
forward information to the public. Do not feel as though you must be entertaining or carry on a
formal conversation. Do not be drawn into a long rambling message in response to a question;
this may in fact dilute the impact of your original statement. Always be security minded, not
revealing information that would be helpful to the suspect who may just be watching your
interview on TV.
Be Brief
The media, especially television, is looking for a quick statement or series of statements
to be used in a 5-20 second sound bite. Keeping this in mind, prepare and know what you want
to say prior to the interview. If you use the seconds, which are allotted to you wisely, the more
likely your message will get on the air.
Do Not Go “Off The Record”

J.D./2016
There is actually no such thing as being “off the record” when speaking to the media. If
you are confronted with this issue, understand that even if the reporter does not use your name as
a direct source, they may use the information you supply to confirm or substantiate a story from
another source. The best advice to be mindful of is that if you do not want to see your
information reported, do not offer it.
You Are The Spokesperson

An interview is not the place to express your own ideas and opinions. The public will be
interpreting what you say as a statement from your unit. If at some point you are asked a
question that you do not know the official response to, do not speculate. Find out your unit’s
position and report it at a later time.
Information Continuity
Ideally, there should be only one spokesperson. This effectively eliminates the chance
that conflicting information will be released to the media.
If more than one person is commenting on the incident, the public information officer
should ensure that the statements issued do not conflict with or contradict with each other.
Do Not Use Jargons

As in any profession, law enforcement uses its own special type of language with its
acronyms and other numerical abbreviations, which may be and often are, unfamiliar to the
general public. An interview containing this type of language is ineffective and reinforces
negative police stereotypes. Do not use any type of wording which will require some type of
explanation for understanding. Avoid police-type words such as, exited, proceeded, initiated or
altercation. Words such as these are frequently found in the “words not to use list” in modern
report writing texts.
Tell The Truth

In all situations, tell the truth. It may hurt, but it will never hurt as much as being caught
in a lie. Always being truthful and honest will gain you and your police unit credibility with the
media, even if the answer is “No, I don’t know the answer to that question, but I’ll find out later”
or “I can’t answer that question at this time. If you can’t answer a question, explain why. If
there has been a negative event for your unit or department, counter with a positive statement
regarding what is being done about the problem.
Do Not Lose Your Temper

There may be times when a reporter attempts to provoke you into supplying a heated
response to a question. This may be for dramatic effect of used at a later date asking you to
explain your previous angry response. In either case, you come across as someone who cannot
control situations.
Be Professional
An interview should be a friendly interaction between you and a reporter. This is
accomplished simply by being professional, tactful and not confrontational. This builds rapport.
Treat reporters fairly and equitably showing no favoritism. An interview is not an interrogation.
Conduct the interview when “you” are ready. Don’t be pressured by the press to give a
statement when you are not fully prepared. Adjust your demeanor to fit the event.
Never Say “No Comment”

A response stating “no comment” may, and many times will, be interpreted by the public
as being evasive and used to cover up something the police unit does not wish the public to
know. The best way to handle this is to state the specific reason why you cannot answer the
particular question.
Be Confident

J.D./2016
In these types of situations, keep in mind that you are the expert. In some cases, the
reporter may be the individual who is somewhat intimidated and in fact, must be put at ease.
Keep in mind that building a good rapport with the reporter can only help.
Be Aware Of When You Are Being Taped

Whenever the media is near, you can rest assured that either a tape recorder or video
camera is in use. Always assume that you are on tape and act accordingly. Television camera
crews will frequently film background shots, possibly with you and your personnel in view. Do
not be captured on film acting unprofessionally.
It Is Okay To Make A Mistake

We are only human. During a taped interview you may feel as though you have gotten
into a situation where you don’t really know what you are saying, or in fact, you have stated
something incorrectly. Just explain to the reporter that you did not really answer the question
very well and you would like to re-tape it. Usually, the reporter will welcome a better and well
thought out second take. However, if it’s a live interview, make sure that you’re well prepared.
EMERGENCY OPERATIONS CENTER (EOC)

The Emergency Operations Center shall be set-up located at a distance from the
negotiation cell. This is to avoid confusion and to facilitate deployment of resources to the
hostage scene.
The Crisis Management Committee, Incident Commander, and the Negotiation Team
Leader shall meet in the Emergency Operations Center to discuss plan of action and to monitor
the development of the hostage-taking.
EMERGENCY NOTIFICATION
The fastest means of communication currently utilized by the Police Station concerned
shall be used for emergency notification to all the members of the Crisis Management
Committee and other responding elements to the hostage-taking.
DAMAGE ASSESSMENT AND RECOVERY
Damage assessment shall be made by the Operations Group. Recovery of materials of
evidentiary value shall be made by SOCO.
REVIEW OF THE SPECIFIC PLANS IN HOSTAGE NEGOTIATION

Specific Plans during hostage-taking shall be reviewed by the Crisis Management
Committee and approved by the Chairman, CMC for effective implementation.
a. Emergency Response Plan

Emergency response highly depends on the threat posed by the hostage takers. Use of
chemical agents should not be ruled out.
Emergency response personnel should be properly identified thru uniforms and visible
markings.
The Chief of Service Support Group should see to it that vehicles are readily available to
support any evacuation and other medical needs.
b. Breakout Plan
The more hostages are there, the greater possibility of a breakout. Police elements should
be prepared for this. In drawing out a breakout plan, counter action against would be reaction of
hostage takers should be given priority consideration. Possible exits of hostages and possible
escape of hostage takers shall be included in the plan.
Possibility of breakout shall be considered immediately upon drawing out negotiation
strategies. This should be considered as one of the priority contingencies.
Breakout plan should be not be used as a go signal for assault unless the escaping
hostages are threatened by perpetrators fires or the hostage takers attempted to kill the escaping
hostages.

J.D./2016
c. Delivery Plan
Delivery can be very dangerous unless carefully planned. All aspect of its execution must
be known and understood by all police elements including all contingencies. This is to ensure
that whatever happens or when the hostage takers change plans at the middle of the execution,
everybody knows how to react. Safety for everybody is still the primary concern.
Delivery plan should be authorized and drawn with the Incident Commander.
Actions for all elements should be properly coordinated and if possible rehearsed before
execution. The delivery man, the negotiators, and members of the SWAT should have a good
communication throughout the delivery.
No action should be executed until the hostage takers understood every detail of the
delivery. Delivery must be stopped as soon as the hostage takers do something out of the agreed
plan.
Delivery is done to build rapport and get the trust of the hostage takers and should
likewise be taken as an opportunity to gather intelligence from the stronghold.
d. Surrender Plan
Surrender plan should be drawn in a way the hostages’ lives will not be jeopardized. This
means the procedure should include release of hostages prior to actual surrender.
Police elements, especially members of the SWAT, should not rule out the possibility of
"suicide by cop".
Reception party for the surrender should be properly briefed of the procedures agreed
upon between the negotiator and the hostage taker. It would be convenient if the negotiator will
be included the reception party as well.
e. Hostage Reception/Release
Released hostages should not be taken for granted. Released hostages are best source of
intelligence. Hostage reception party should not only compose medical personnel but also
investigators who briefed by the hostages regarding latest activity in the stronghold.
For security purposes, released hostages should be contained and isolated. Investigators
should not rule out the possibility of Stockholm syndrome among these hostages. Such police
action must be explained to the hostages to avoid legal complications.
f. Collection Plan
Like delivery, collection can be very dangerous unless carefully planned. All aspect of its
execution must be known and understood by all police elements including all contingencies.
Safety for all policemen involved is a priority consideration.
No collection should be initiated without the authority from Incident Commander.
Actions for all elements should be properly coordinated and if possible rehearsed before
execution. The policeman tasked to make the collection, the negotiators, and members of the
SWAT should have a good communication throughout the collection process. Likewise, the
primary negotiator and hostage takers should have a constant communication in the duration of
the collection.
No action should be executed until the hostage takers understood every detail of the
collection. Collection must be aborted as soon as the hostage takers show some actions that pose
danger to the police and the hostages.
In cases where the collection is done for a sick hostage, paramedics should handle the
collection and secured by uniformed policemen.
Collection should also be taken as an opportunity to gather intelligence from the
stronghold.
B. MANAGEMENT OF HOSTAGE-TAKING (KIDNAPPING) INCIDENTS

INVOLVING TERRORISTS AND SYNDICATED CRIME GROUPS
Terrorists take hostages with the intent of getting as much publicity as possible for their
cause. These incidents have usually been planned for months, and Hostage-Takers have physical

J.D./2016
and psychological support of their fellow members. Usually the demands of the terrorists will go
beyond the authority of local police departments, requiring involve of National Government
officials.
Profiles of a Terrorist Hostage-taker/Kidnapper (Local and International)

Terrorist groups want prestige and power for a collective goal or higher cause. The
profiles of these groups can be summed-up in the presentation below:
Motivation
- Raise fund to finance their operation
- Ideological
- Religious
- Crime against people
Organization
- Structured with central leadership
- There are leaders, there are foot soldiers
- Employs media to its advantage
Leadership
- Leaders are known and recognized by its members
- Delegation of responsibilities
Demand
- Ransom
- Political/ religious statements
- Release of political prisoners
- Sociological issues- poverty, environment, lack of government service in their area
- Food, clothes, medicine
- Medical service
Capability
- Large number of personnel
- Sufficient firepower
- Network of supporters
- Geographical area of operation is defined
Means of Negotiation
- Demands its own negotiator
- Radio transceiver
- Cellular phones
- Satellite phones
- Intermediaries
GUIDING PRINCIPLES
1. Seek the Proof of Life before agreeing to terms.
2. There’s a limit to what the family can provide-work on that limit.
3. Patience and Perseverance.
4. Follow the chain of command.
5. The need to know.
OBJECTIVES OF NEGOTIATION
1. Seek the safe release of the victim.
2. Provide the intelligence information required in the investigation and follow- up police
operation.
3. Set an organized conduct and pace of negotiation.
AUTHORITY TO DECLARE A HOSTAGE (Kidnapping) CRISIS

Upon receipt of the information of an abduction and possible kidnapping case perpetrated
by terrorists, the Provincial Director, City Director, or the Chief of Police concerned shall

J.D./2016
immediately turn-over the case to PACER or any PNP Anti-Kidnapping Unit but shall assist in
the conduct of investigation and follow-up operation.
THE INCIDENT MANAGEMENT TEAM

Members of the Team
1. Negotiation Team Leader

- The negotiation team coordinator
- Makes initial contact with the victim’s family
- Coordinates with the family for the requirements of police investigation
- Makes initial assessment of the situation and brief the family members of the capability of the
police and its initial action plan.
- Indoctrinates family members with regards to the security information and individual security
practices.
- Arrange for the technical support, requirements of the negotiating team.
2. Negotiator (coach)
- The principal negotiator.
- Prepares visual aids, logbook, recorder in the negotiating cell.
- Sets the negotiation strategy and the direction of the negotiation.
- Provide the intelligence info to the team coordinator.
3. Psychologist
- Consultant (don’t play an active role).
- Assist the family members in coping up with the trauma brought about by the incident.
- Assist the team coordinator in convincing the family to cooperate with the police investigation.
- Brief the team coordinator on possible reactions and attitudes of the family towards police
investigators.
- Brief the negotiating team on the psychological profile of the kidnapper.
- Upon release of the victim, asses the extent of trauma he/she suffered while in the hands of the
kidnapper.
- Assist during debriefing of the victim.
4. Interpreter
- Consultant (don’t play an active role).
- When so needed, provide the language expertise needed in the operation.
PLANNING AND PREPARATION

The primary concern for every negotiation should always be for the safe release of the
hostages.
Negotiation must be conducted in accordance to the policy of no substantive concession.
The following shall not be provided in exchange for the safe release of the hostages:
o Release of prisoners serving sentences in prison.
o Major policy or constitutional changes.
o Escape from prosecution of any person.
o Capitulation by any authorities.
Initial Response
If there is one lesson to be learned from the trials and errors of previous incidents, it is
how the initial complaint should be processed. Without the presence of witnesses who can
readily furnish factual details of the incident, the responding officer must determine what
probably occurred based upon his/her initial observation and findings. This determination will
dictate what investigative steps will be taken.
The purpose of the initial response is to gather sufficient information to determine what
occurred. The accuracy of this determination or assessment is crucial, in that an actual abduction

J.D./2016
requires a prompt and detailed investigation. During this investigation nothing should be
assumed and every thing should be verified. Far too often crucial details are overlooked because
one investigator thought someone else had taken care of particular aspects, or witness’s account
of the incident need not be verified because the witness “seemed credible.”
A rapid and thorough investigation may also develop additional information that will
indicate that the matter is not abduction. It may be a pretense to cover up the homicide or
domestic problems of the reported missing victim, or the child maybe lost or injured or may have
run away.
At this point the investigation can “stand down” and investigators can take the
appropriate action to resolve that matter. It is much easier to redirect the investigation and
resources at that point than to make up lost ground and recover overlooked or damaged evidence
and/or lost clues because of a failure to initially use all available personnel and resources.
A proper assessment should direct the investigation appropriately from the onset. This
initial assessment should include the following pertinent considerations:
a. Witnesses’ accounts of the incident. (if any)
b. The victim’s age (young
tender years compared to juvenile; toddlers do not run away but can wander and become
lost).
c. Activity the victim was engaged in when last seen.
d. History of disappearances.
e. Prior incidents with family. (child abuse/neglect calls, disturbances)
f. Any previous similar incidents within the area that were reported to the police. (attempted
abductions, prowlers, suspicious persons)
During the conduct of the Negotiation, the threat level must also be assessed in order to
determine the appropriate response to be undertaken.
GENERAL RULES
Regardless of the type of functions to be performed and/or police operations to be
conducted, all personnel shall comply with and apply the following rules:
1. Pacer field offices or other PNP Anti-Kidnapping Unit will take over cases initially
handled by territorial units and will create unified team components in coordination with
police regional and provincial offices. They shall take the lead role in incident management
and filing of appropriate cases in court.
2. Under all circumstances, use of force, including firearms, is justifiable only by virtue of
the doctrine of self-defense and defense of stranger. Firearms shall be applied only as a last
resort and when all other peaceful and non-violent means have been exhausted.
3. Whenever resorted to, only necessary and reasonable force sufficient to conduct self-
defense or defense of stranger to subdue/overcome the imminent danger posed or resistance
being put up by an individual or group shall be applied.
4. In case of shoot-out with suspect/s, panic firing shall be avoided. The officer in charge of
the operation shall see to it that he exercises control over his men and that they shall fire only
when necessary.
5. After a shoot-out, the officer in charge shall check whether the suspect still poses danger
or has been wounded and disabled. He shall then be brought to the nearest hospital for
medical treatment.
6. The use of force, especially the use of firearm, shall be tempered with such
considerations as keeping in mind the safety of the victim and prevention of crossfire,
casualties or damages to third parties. A reasonable force to neutralize the vehicle and
enemy/suspect’s resistance is sufficient.
7. In case of unavoidable engagement with the kidnappers, immediate removal of the
casualties from the crime scene shall be undertaken and all SOP’s of crime scene
investigation shall be strictly followed.
SPECIAL RULES

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In addition to the general rules, team personnel shall conform with the guidelines and
procedures prescribed for every type of function or police operation, as follows:
1. All arrest shall be pursuant to rule 113 of the 2000 Rules on Criminal Procedure.
2. Team components shall observe strict compliance with the rules on arrest and with due
regard to the dignity and right of the individual when a person to be arrested has no standing
warrant. The person arrested without warrant shall not be detained longer than 36 hours.
3. All searches and seizures shall be conducted in accordance with the rule 126 of the 2000
rules on criminal procedure, as amended and RA 4200 (Anti Wire Tapping Act)
4. Case officer seizing a property must give a detailed receipt of the same to the lawful
occupants of the premises. Personal properties and other valuables shall not be taken without
warrant, except dangerous weapons or anything that may be used as evidence in the case.
CONCEPT OF OPERATION/PROCEDURES
The following are the procedures to be followed when confronted with a hostage-taking
(Kidnapping) incident perpetrated by terrorists:
A. SEAL AND CONTAINMENT
1. Investigators to immediately step on the crime scene and conduct interviews on possible
witnesses to gather vital information and specific details and circumstances of the alleged
kidnapping.
Conduct Victimology and Neighborhood Investigation. A detailed account of the victim’s

lifestyle and personality assists in determining the nature of the disappearance, the risk level of
the victim, and the type of person who could have committed the crime. Complete information
regarding the victim’s physical description, normal behavioral patterns, the family dynamics, and
known friends and acquaintances should be obtained as soon as possible.
A neighborhood investigation is one of the most crucial steps in these cases and is often
overlooked or underemphasized. The objective is to identify and interview in person all
individuals within the abduction and/or last known sighting area during the window of
opportunity (last time seen through the time discovered missing).
2. Local police and KFR advisers to link up with the family of the victim to achieve cooperation
at the earliest possible time and to control the situation. Caller ID and other technical
equipment shall be set-up at this time.
Liaison is directed toward assisting the emotional needs of the family members as they
experience this devastating ordeal and keeping the channels of communication open.
3. Police Regional Offices or District Offices to set up a Task Force or Crisis Management
Team and account all operating units involved for unity of command, tasking and focusing of
efforts. Coordination and updates shall be done regularly as time permits.
4. Picture of the victim and available vital information shall be passed to concerned agencies at
seaports and airports to prevent the possible transfer of the victim or escape of the suspects to
another island province.
5. Local police to establish roadblocks and checkpoints on strategic places to limit the
movement of the suspected kidnappers.
6. Release of information to the media shall be very limited and handled properly depending on
the circumstances of the case. Only the designated crisis management spokesperson shall
deal with the media for controlled release of information.
B. COMPLIANCE TO LEGAL REQUIREMENTS
1. Sworn Statements taken from witnesses shall be converted into evidence and used to secure
a Court Order for telecommunication companies to provide a continued technical assistance
to operating elements for the immediate solution of the case.
2. Cartographic sketches of suspects shall be done through the description of the witnesses for
immediate distribution.
3. All pieces of evidence gathered at the crime scene shall be turned-over to the designated
lead agency that will formally investigate and file the necessary charges in court.
C. MASSIVE SEARCH WITH COMMUNITY SUPPORT

J.D./2016
1. Put police pressure on the streets by maximum deployment of available personnel and
intelligence operatives to cover a specified area.
2. Check and pursue all leads to locate possible hideouts and safe houses of suspects and
vehicles used in the kidnapping.
3. Establish Observation Post (OP) on suspected hideouts/ safe houses of kidnappers.
4. Issue warning order to alert the Special Weapons Team for possible assault and rescue
operations.
5. Tradecraft techniques shall be applied to focus surveillance and to zero on target places.
6. Highlights of the negotiations shall be pointed out to the Task Force created and operating
units for their information and appropriate action.
7. The flow of communication between the Advance Command Post (ACP), Tactical
Operations Center (TOC), The Task Force created and the operating units shall be strictly
observed to maintain secrecy of actions and to pinpoint responsibility.
8. Use of text messages shall be availed to relay instructions and forward information.
Feedback on action taken must be given as soon as possible.
D. RESCUE AND PAY-OFF OPERATION
1. Briefing of the operating units before jump-off shall be conducted to identify the players
involved in the pay-off and to define the specific roles to be performed by each operating
units.
2. The “Safety of the Victim” shall be paramount and the number one concern for everyone
involved.
3. The designated assault team shall be required to brief and present their gamelan to the
Task Force before the “GO” signal is given.
4. Use of camera and video coverage shall be encouraged and made available to document
the actual operation.
E. INVESTIGATION AND MANHUNT PHASE

1. Tactical interrogation shall be conducted separately on all arrested suspects.
2. Individual profiling of the masterminds and other suspects shall be thoroughly conducted to
account for all the members of the kidnapping group and to be used in the follow-up
operations.
3. Case filed against the identified suspects shall be continuously monitored by the
investigators and the arresting officers until conviction.
4. Case conferences with the prosecutors are encouraged for coordination and better case
presentation in court.
5. Manhunt operations against all the suspects shall continue until all the members of the KFR
group have been arrested and accounted for. Warrants of Arrest shall be secured at the
soonest possible time to protect police operations.
MEDIA STRATEGIES
The media can be of invaluable assistance in the resolution of hostage-taking/kidnapping
cases. Experience with abduction cases has demonstrated the need to establish and maintain
positive liaison with the media throughout the investigation. Positive liaison will minimize
criticism of investigative efforts, defer untimely interviews with victim families and/or
witnesses, and discourage the premature release of sensitive information.
a. Establish a policy prohibiting unauthorized disclosures and enforce it.
b. Designate one experienced person to serve as the media coordinator on behalf of all
involved agencies. The media coordinator should be located separate from the command
center and should not be personally involved with the case.
c. Utilize the media as appropriate to immediately publish posters of missing person.
d. Coordinate all press releases through the designated media coordinator, including
statements by the prosecutor’s office, medical examiner’s office, etc.
e. Schedule regular briefings to deter attempts by the media to discover details that might
obstruct investigative activity.

J.D./2016
f. Release positive comments stressing the resources dedicated to the investigation, the support
of the community, and the large number of leads generated, etc.
g. Release only details of the investigative activity that are deemed essential to the recovery
of the victim. Always consider the risk to the victim created by releasing information. Keep
in mind that the offender is in the audience.
h. Carefully worded releases can elicit additional information from witnesses, associates of
the offender, and even the offender. When appropriate, use a family member or clergy as a
spokesperson. This is particularly important in infant abduction cases.
i. Advertise a post office box number and a dedicated toll-free phone number.
j. Consider using tools such as the internet to disseminate information.
k. Videotape media releases and news broadcasts relating to the case for future reference.
l. Release information about any reward being offered. The press release should be tailored so
that the use of the reward advances the investigation.
C. MANAGEMENT OF SUICIDE INTERVENTION

Reasons for a Person Wishing to Commit Suicide
1. Hopelessness
2. Helplessness
3. Guilt
4. Loneliness
5. Separation/Abandonment
Remember:
Hostage taker, holding hostages, generally want to LIVE. The suicidal subject generally
wants to DIE but the threat of suicide may be used to TEST REACTION, to GAIN
SOMETHING or even to MANIPULATE EVENTS.
Negotiation Objectives in Suicide Intervention
1. Diffuse intense emotions.
2. Return Subject to normal functioning level.
a. Listen To The Voice
-Label emotions – you sound angry, sad, upset etc.
b. Explore Motivation
- Why are you thinking about killing yourself? What in last 24 hours triggered this?
c. Do Not Challenge
- You’re not going to do that
d. Offer Hope – Raise Esteem
- People do value you
e. Don’t Provide an Audience
- Intermediary maybe the motive
f. Remove the Means
- Encourage surrender of weapons
g. Avoid Lecturing
- Don’t moralize or give advice
Guidelines for Talking with a Suicidal Subject

1. Ask them to reduce the immediate danger.
2. If it is unclear to you whether the person is suicidal or not --ASK them.
3. Once they admit that they are feeling suicidal, ask them directly to talk about their
suicidal thoughts and feelings.
4. Talk slowly, clearly and use simple words.
5. Focus on the cause of the suicidal feelings and the specific situation that causes them to
feel suicidal.
6. Express personal concern and empathy.
7. When you make requests of them, be firm; but don’t become intimidating or
argumentative. Allow THEM to get angry at you.

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8. Be on the alert for phrases or sentences which imply suicide.

9. Talk openly of the finality of death, stress that suicide is one of many alternatives.
10. Offer reassurance, but not false reassurance.
11. Explore what is meaningful to the subjects and try to get them to tell you “what keeps
them going”.
12. After you have allowed the subjects to talk about what is bothering them, try to get them
to develop a realistic plan of action.
13. Expect that the subjects will have “ups and downs” while you’re talking to them.
SUICIDE BY COP
Warning Signals which may indicate a Suicide by COP situation
a. Only demand is to kill him or herself
b. Sets a deadline for his or her death
c. Refuses to negotiate.
d. Demands another weapon.
e. Has just killed a child, spouse or parent.
f. He or she makes a verbal will.
g. Suggests that police put shots into the house to finish him or her off.
REFERENCES:
City, Philippines, Wiseman’s Books Trading Inc.
 ATTY. JUAN L. AGAS & DEAN RICARDO M. GUEVARRA (2008), Human
Behavior and Crisis Management, Quezon City, Philippines; Wiseman’s Books Trading,
Inc.
 BAUTISTA & GUEVARRA (2008), Human Behavior and Crisis Management, Quezon
City, Philippines, Wiseman’s Books Trading, Inc.

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ETHICS AND VALUES
JUVENILE DELINQUENCY

J.D./2016
DEFINITION OF TERMS
ABANDONED CHILD – refers to ones no proper parental care or guardiandship, whose

abandonment is for a period of at least six months.
ADHD – Attention Deficit Hyperactive Disorder, it is a psychological disorder manifested by a
child with inappropriate impulsivity, lack of attention and hyperactivity.
ADOLESCENT-LIMITED OFFENDER – Delinquent whose anti-social behavior peaks in
adolescence and later dinishes with age.
ADULTHOOD – Period covering twenty-one to forty years of human life.
AGING OUT – Known as spontaneous remission, it is the manner by which an individual
reduce the rate of their aberrant behavior as the age.
ANTI SOCIAL BAHAVIOR - Characterized by disobedience to or disrespect for authority.
AT-RISK – Refers to the youth and young adults who lack skills and education necessary tobe
in demand in modern society.
BABYHOOD – period of human life which starts from the second week to the second year.
BEST INTEREST OF THE CHILD – the totality of the circumstances and conditions which
are most congenial to the survival, protection and feelings of security of the child and most
encouraging to the child’s physical, psychological and emotional development. It also means
the least detrimental available alternative for safeguarding the growth and development of the
child.
BIOGENIC APPROACH – explains that human misconduct is a result of faulty biology.
CAPABLE GUARDIANS – refers to persons and individuals who are effective deterrents to
crime and delinquency such as police or watchful and concerned neighbors.
CHILD ABUSE – refers to the maltreatment which may be habitual of a child which maybe
physical abuse, psychological abuse, neglect, cruelty, emotional and sexual maltreatment.
CHILD AT RISK – a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances. Such as, but not limited to the
following:
a. Being abused by any person through sexual, physical, psychological, mental, economic or
any other means and the parents or guardian refuse, are unwilling, or unable to provide
protection for the child.
b. Being exploited including sexually or economically.
c. Being abandoned or neglected, and after diligent search and inquiry the parent or guardian
cannot be found.
d. Coming from a dysfunctional or broken family or without a parent or guardian.
e. Being out of school
f. Being a street child
g. Being a member of a gang
h. Living in a community with a high level of criminality or drug abuse.
i. Living in situations of armed conflict
CHILDHOOD – divided partly in two, early and late childhood which starts from pre-school
years to the elementary school years.
CHILD CARING INSTITUTION – refers to a facility which provides 24 hours resident group
care for nine or more mentally gifted dependent, abandoned or neglected child, handicapped
or youth offenders.
CHILD IN CONFLICT WITH THE LAW – refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
CHILD PLACEMENT CENTER – an institution or persons assuming the custody and care of
children for placement in any child caring institution or home under the care and custody of
any person for purposes of adoption, foster care or guardianship.

J.D./2016
CHRONIC OFFENDER – a term coined by Wolfgang to denote a delinquent offender who is

arrested more than four time before the age of majority and stands a a good chance of
becoming an adult criminal.
CIVIC ASSOCIATION – shall refer to any club or organization of individuals 21 years of age
or over, which is directly or indirectly involved in carrying out child welfare activities and
programs.
CONTAINMENT THEORY – this asserts that strong self-image protects the youth from the
influence and pressure of criminogenic pulls in his environment.
CRUELTY – an act by word or deed which debases or degrades the intrinsic dignity and worth
of a human being.
CULTURE CONFLICT – Sellin’s study which asserts that it is a condition which results from
the rules and norms of an individual’s sub-cultural affiliation disagreement with the role
demands of conformist society.
DECADENCE – irrational and spur of the moments acts.
DELINQUENT – refers to one whose behavior brings him to repeated conflict of the law.
DEPENDENT CHILD – one who is without a parent, guardian or custodian or whose parent or
guardian for good cause desires to be relieved of his custody and care.
DESIST – to refrain or cease from committing a crime usually as the subject ages.
DETENTION HOME – refers to a 24-hour child caring institution which gives short term
resident care for youthful offenders awaiting court disposition.
DEVIANT BEHAVIOR – a behavior that go away from the social norm.
DIFFERENTIAL OPPORTUNITY – asserts that lower – class youths with limited legitimate
opportunity, join gangs and pursue a criminal career to achieve alternate means universal
success goals.
DIVERSION - an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict of the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceeding.
DIVERSION PROGRAM – the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceeding.
DRIFT – view that youth can move in and out of delinquency and that their lifestyle can adjust
and embrace both deviant and conventional values.
EARLY ADOLENSCENCE – this covers puberty to seventeen years of human life.
EARLY CHILDHOOD – this refers to the two years to six years of human life which
corresponds to pre-school years.
ECONOMIC ABUSE – refers to acts that make or attempt to make a woman financially
dependent.
ELDER ABUSE – an alarming form of domestic violence by children to their elder relatives
living with them.
EXPLOITATION – refers to the employment, hiring persuasion or inducement of coercion of a
child to perform in indecent shows, obscene exhibitions and publications or pornographic
materials for selling and distribution.
FAMILY – basic unit of society, whose nucleus is compose of father, mother and children.
INITIAL CONTACT WITH THE CHILD – refers to the apprehension or taking of a child I
conflict with the law by law enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives subpoena under Section 3 (b) of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9 (b) of the
same Rule in cases that do not require preliminary investigation or where there is no necessity
to place the child alleged to be in conflict in the law under immediate custody.
INFANCY – refers to the first two weeks after birth of a child.
INFORMAL SANCTIONS – anger or stigma directed towards offender by influential persons
resulting in shame, loss of respect and embarrassment.
INTERVENTION – refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills, training, education and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.

J.D./2016
JUVENILE – refers primarily to persons below the age of minority or below eighteen years of
age.
JUVENILE DELINQUENCY – refers generally to any anti-social act or behavior which
deviates from norms and standards of society attributed to children.
JUVENILE JUSTICE AND WELFARE SYSTEM – refers to a system dealing with children
at risk and children in conflict with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
LATE ADOLOSCENCE – this refers to period covering seventeen to twenty one years old.
LATE CHILDHOOD – the period covering six to eleven years corresponding the elementary
school years.
LATENCY – a developmental phase that begins at age six, characterized by repressed feelings
of sexuality until the genital age begins at puberty.
MATERNITY HOME - an institution or place of residence whose primary function is to give
shelter and care to pregnant women and their infants.
MIDDLE AGE – refers to the period covering forty years to sixty years of human existence.
NEGLECT – failure to provide for reasons aside from poverty adequate food, shelter and
clothing, basic education, medical care which seriously endanger the social, mental, emotional
development of a child.
NEGLECTED CHILD – refers to one whose basic needs have been deliberately unattended or
inadequately unattended.
NURSERY - a child caring institution that provides basic education and care for more than six
children under six years of age.
OLD AGE –Human existence which starts from sixty year and beyond.
PARENS PATRIA- A doctrine in which the state acts as the father of the citizens.
PERSISTANCE- This view asserts that children who started delinquent careers early and
committed violent acts throughout their adolescence would likely to continue as adults.
PHALLIC STAGE- Phase of development wherein children focus their attention on their
genitals.
PHYSICAL VIOLENCE- “Refers to acts that include bodily or physical harm.
PHYSICALLY HANDICAPPED CHILDREN- Refers to disabilities which inflict children
such as being crippled, deaf, mute, blind or otherwise defects which restricts their means of
action and communication with others.
PRE-NATAL PERIOD – starts at conception at the ovum, development of the embryo to fetus
to birth of the child.
PSYCHOLOGICAL VIOLENCE – refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse
and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victims belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
PUBERTY – this marks the end of childhood and the start of adolescence.
RECEIVING HOMES – refers to family type homes which gives temporary shelter from 10 to
20 days for children for the purpose of determining the appropriate care for them or
recommending their permanent treatment in other welfare agencies.
RESTORATIVE JUSTICE – refers to a principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the offender and the community. It
seeks to obtain reparation for the victim, reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in prevention
strategies.
SAMAHAN – refers to aggregate persons working in commercial, agricultural and industrial
enterprises whether belonging to labor or management.

J.D./2016
SHELTER CARE INSTITUTION – a facility which provides protection to children in need of

emergency reception brought about by fortuitous events, abandonment, dangerous conditions,
and being without adult care.
SOCIAL DEVELOPMENT MODEL – a theory that point criminal behavioral patterns to
childhood socialization and pro – or anti-social attachments over the life course.
STATUS OFFENSE – refers to offenses which discriminate only against a child, while an adult
does not suffer any penalty for committing similar acts. These shall include curfew violations,
truancy, parental disobedience and the like.
TRUANCY – refers to not attending classes without any reasonable cause for more than twenty
school days.
YOUTH ASSOCIATION – any club, organization or association of individuals below 21 years
of age which is directly or indirectly involved in carrying out youth or child welfare activities
and programs.
YOUTH DETENTION HOME – refers to a 24 hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited non-government
organizations (NGOs) providing short-term residential care for children in conflict with the
law who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
YOUTH REHABILITATION CENTERS – a 24-hour residential care facility managed by the
DSWD, LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides
care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation
services are provided under the guidance of a trained staff where residents are cared for under
a structured therapeutic environment with the end view of reintegrating, them into their
families and communities as socially functioning individuals. Physical mobility of residents of
said centers may be restricted pending court disposition of the charges against them.
JUVENILE DELINQUENCY AND CRIME PREVENTION

Juvenile delinquency is an anti-social behavior or act which differs from the normal model
of set of laws and parameters, culture, custom which society in broad-spectrum does not
conform. Juvenile delinquency generally refers to youth behavior which is against norm and
regulations of society, which if left unchecked would give rise to criminality.
NATURE OF DELINQUENCY;
Juvenile crime is a terminology used to generally denote various offenses committed by
children or youths under the age of 18. Such acts are at times referred to as juvenile delinquency.
Children’s offenses characteristically include aberrant and anti social acts, which would be
considered crimes if committed by adults, and status offenses, which are less serious
misbehavior such as truancy and parental disobedience. Both are within the jurisdiction of the
family/court/juvenile court; more serious offenses committed by minors may be tried in criminal
court and be subject prison sentence.
HISTORY:
Since olden times enlightened legal systems have distinguished between juvenile
delinquents and adult criminals. The you8ng members of society by and large were not
considered morally responsible for their behavior. Under the code Napoleon in France, for
example, limited responsibility was ascribed to children under the age 16. Notwithstanding the
perceptible humanity of some early statutes, however, the punishment of juvenile offenders until
19th century was often severe. In the US, child offenders were treated as adult criminals.
Sentences for all offenders could be inconsiderate and the death penalty was occasionally
imposed.
Children were treated as non persons until 1700’s. they did not receive special treatment
or respect. Discipline at that time is what we now describe as abuse. There were some major
theories about life was difficult, and you had to be fierce to survive. The people of that period in
history did not have the conveniences that we take for granted. For example, the medical
practices of that day were primitive in comparison to present day medicine. Marriages were
more for convenience rather than for child bearing or romance.

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THE BEGINNING OF CHILDHOOD.

At the end of the 18th century, the enlightenment appeared as a new cultural transition. This
period of history is sometimes known as the beginning of humanism and reason. People bean to
see children as flowers, which needed fostering in order to bloom. It was the invention of
childhood, love and nurturing instead of beatings to stay in line. The youth had finally begun to
emerge as a distinct group. It started with the upper class, who was permitted to attend colleges
and universities.
INNOVATIONS
Throughout all time there has been delinquency. It may not have had the delinquency label,
but it is still existed. In ancient Britain, children at the age of seven were tried, convicted, and
punished as adults. There was no special treatment for them, a hanging was a hanging. The
dates back with the classical period. Juvenile crime is mentioned as far back as ancient Sumeria
and Hammurabi, where laws concerning juvenile offenders first appear in written form.
The first institution dedicated for the treatment and confinement of juveniles, the House of
refuge, was founded in New York city in 1824 so that institutionalized delinquents could be kept
apart from adult criminals. By the mid-19th century other state institutions for juvenile
delinquents were established, and their populations soon included not only young criminals but
also first time and less serious offenders and dependent children. The movement spread quickly
throughout the U.S. and abroad. These early institutions were often very harsh and punitive.
In the second half of the 19th century amplified awareness was given to the need for
special legal procedures that would protect and guide the juvenile offender rather than subject to
child full force of criminal law. Massachusetts in 1870 and 1880 and New York in 1892 made
possible special hearings for children in the courts. As the U.S. juvenile system began to
progress, jurisdiction over the newly created juvenile courts. The first such court was established
in Chicago in 1899. one of the principal reasons for the new system was to avoid the unkind
treatment previously imposed on delinquent children. An act of wrong doing by a minor was
seen as a sign of the child’s need for care and treatment rather than a justification for punishing
that child through criminal penalties. In addition to the juvenile court, other innovations in
working with juvenile delinquents have appeared in the 20th century, including child guidance
clinics, juvenile- aid bureaus attached to police departments or other official agencies, and
special programs in schools.
INDUSTRIALIZATION
Industrialization set in motion the practices needed for modern juvenile
delinquency. The country had gone from agriculture to machine based labor intensive
production. Subsistence framing quickly tuned into profit making. People who were displaced
from their farm work because of machinery were migrating to the city to find work.
URBANIZATION;
There was a massive increase in the amount of movable goods that were produced.
These transient goods were easy to steal. The stealing of these goods made property crime rise
immensely in these urban centers. The wealth of the upper class increased, and stealing became
a way of living. These large urban centers also produced another problem. The workplace was
now estranged from the home. During the tough times both parents took employment. There
was also very little for the youths to do, especially when school was not in session. It was then
that youths were becoming increasingly unsupervised. These youths were largely unemployed.
Without supervision, and with movable goods easily available, stealing became a way of life.
The massive influx of people to these urban areas overwhelmed society. The factories could not
keep up, and unemployment became a factor. Poverty became widespread.
SALVAGE ATTEMPTS;
Poorhouses were created to keep youthful offenders away from trouble. The idea
behind them was to take the children of the dangerous classes out of their dangerous
environment. Kids were thought to be salvageable needed to be saved. The majority of these

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children were rounded up for the crime of being poor, not because they committed crime. These
houses, sometimes referred as reform schools, were very harsh. This was contradictory to the
ideas that they needed nurturing and love. In New York, houses of refuge were created to do the
same. The houses eventually became overfilled, and children were sent out West as indentured
servants. As many as 50,000 children were shipped out. Some of them never were allowed to
have contact with their parents again.
Industrialization and urbanization played a tremendous role in the modern era of juvenile
delinquency. A lot of these factors are true today. Many more farms are going bankrupt.
Unemployment is still a factor with the youth of today. Youth who have no money to live the
way they want will often turn to crime as a way to satisfy themselves. As our nation changes,
the way in which juveniles are treated will also have to change. The current trends in juvenile
delinquency have an impact on how we view the problem
CATEGORIES OF DELINQUENT YOUTH;

1.Accidental- less identifiable in personality and temperament, essentially a law abiding
citizen but happens to be at the wrong place at the wrong time. This may be credited to peer
pressure or pure curiosity on he part of the young person.
2.Asocial-children whose acts are manifested by vile, cruel and atrocious acts and conduct for
which they feel no remorse. Timely intervention is necessary so as to prevent them from
becoming ruthless criminals capable of acts of violence and heinous crimes.
3.Neurotic- the anti-social behavior of the youth is a direct result of internal conflict and pre-
occupation with his own emotion and mood. Therapy and counseling is necessary to control
this type of delinquency, failure to do so will be risky since this anti social behavior makes
the child prone to commit serial crimes upon adulthood.
4.Social- refers to an aggressive teens who resents authority whether be it parental, school
regulations or ordinances and laws passes by the proper legislative authorities. The most
common reason for such dislike is focused to anyone who tries to control their conduct.
METHODOLOGY TOWARDS DELINQUENCY:

1. Biogenic approach- this view gives an explanation that law violations and delinquency
is a result of some physical defects. It advocates that youth misconduct is a direct result of
faulty biology. Hence the support from the family members, friends and acceptance of the
community may solve the problem.
2. Psychogenic approach- this argues that the critical factors in delinquency are
personality problems, to which the misbehavior is presumed to be the response. This
advocates the use of counseling to curtail juvenile misbehavior.
3. Sociogenic approach- ascribes the distinction and variations and delinquency pattern
to social structures. The youth misdeed may be attributed to their learning process cultured
in on youth gangs, stigmatizing contacts with governmental and social control agencies and
other similar variables.
TYPES OF YOUTH BEHAVIOR DISORDERS;

1. Anti-social behavior-it may be best characterized by disobedience and disrespect for
authority.
2. Truancy- students failing to attend their classes for 20 days without any reasonable
cause.
3. Vagrancy- refers to children who are unable to cope with their family life and chooses to
leave the family home. This is a direct result of feeble-mindedness, disagreeable home
conditions, broken homes and misdirected fancy for adventures.
4. Emotional disorders-such misbehaviors is related to fear reactions, temper tantrums and
jealousy reactions.
5. Lying- the penchant for not telling the truth clearly manifest that the following are
lacking: love, security, attention, respect, acceptance, praise and happiness.
6. Stealing- this criminal act comes from loose morals in the home, lack of economic
security wherein the parents are unable to provide for the needs of their children,
undisciplined desire for possession an pleasure seeking and parental indifference.

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CAUSES OF BEHAVIORAL DISORDERS:

1.Predisposing factors- internal propensities which may not be considered as a criminal act
unless the attempt was made.
2.Precipitation factors-refers to conditions and elements which provokes crimes or factors
such as personal problems, curiosity, ignorance, necessities and diseases.
FACTORS WHICH CAUSES JUVENILE DELINQUENCY:
 Family- the basic unit of society, whose main responsibility is to provide the basic
necessities of the child as well as to give emotional, spiritual, moral, intellectual and social
basic to its members particularly the children and the primary social agency tasked with
significant factors of rearing the youth.
The ideal criteria for a normal home:

a. structural completeness
b. cultural conformity
c. moral conformity
d. physical and psychological normality
e. Functional or emotional adequacy.
Factors which may lead to juvenile delinquency:

a. faulty development of the child
b. lack of parental guidance
c. parental rejection
d. broken homes
e. lack of love
f. unfair treatment
g. too harsh discipline by either or both of the parents
h. too lenient discipline by either or both of the parents
i. Parent’s indifference to their child.
LEGAL BASIS FOR PARENTAL AUTHORITY;

1. Joint parental authority- the father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children. In case of
disagreement, the father’s decision shall prevail unless there is a judicial order to the
contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the surviving
parent’s remarriage, the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from
his mother unless the court finds compelling reasons to do so.(Art 17, PD 603)
2. Grandparents- grandparents shall be consulted on important family questions but they shall
not interfere in the exercise of parental authority by the parents.(Art 18, PD 603)
3. Absence or death of parents-Grandparents and in their default, the oldest brother or sister
who is at least 18 years of age, or the relative who has actual custody of the child, shall
exercise parental authority in case of absence or death of both parents, unless a guardian
has been appointed in accordance with the succeeding provision (Art 19, PD 603)
4. Guardian-The court may, upon the death of the parents and in the cases mentioned in Article
328 to 332 of the civil code appoint a guardian for the person and property of the child or
petition of any relative or friend of the family or the DSWD (Art. 20, PD 603)
5. Dependent, abandoned or neglected child. The dependent, abandoned or neglected child
shall be under the parental authority of suitable or accredited person or institution that is
caring for him as provided for under the 4 preceding articles, after the child has been
declared abandoned by either the court or DSWD (Art. 21, PD603)

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6. Transfer to the Department of social welfare-the dependent, abandoned or neglected child

may be transferred to the care of the DSWD or a duly licensed child caring institution or
individual in accordance with articles 142 and 154 of this code, or upon the request of the
person or institution exercising parental authority over him. From time of such transfer, the
DSWD or duly licensed child caring institution or individual shall be considered the
guardian of the child for all intents and purposes (Art.22, PD 603)
RIGHTS OF PARENTS (Art. 43-45 PD 603)

1. Primary rights of parents- the parents shall have the right to company of their children and,
in relation to all other persons Or institutions dealing with the child’s development, the
primary right and obligation to provide for their upbringing.
2. Rights under the civil code- parents shall continue to exercise the rights mentioned in
articles 316 to 326 of the civil code over the person and property of the child.
3. Rights to discipline child- parents have the right to discipline the child as may be necessary
for the formation of his good character and may therefore require from him obedience to just
and reasonable rules, suggestions and admonitions.
DUTIES OF PARENTS:
General duties- parents shall have the following general duties towards their children:
1. To give him affection, companionship and understanding.
2. To extend to him the benefits of moral guidance, self discipline and religious instruction.
3. To supervise his activities, including his recreation
4. To inculcate in him the value of industry, thrift and self reliance
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop. His
commitment to his country;
6. To advise him properly on any matter affecting his development and well being
7. To always set a good example;
8. To provide him with adequate support, as defined in article 290 of the civil code and;
9. To administer his property, if any, according to his best interest, subject to the provisions of
article 320 of the civil code.
LIABILITIES OF PARENTS (PD 603)
Article 58. Torts.- Parents and guardians are responsible for the damage caused by the child
under their parental authority in accordance with the civil code.
Article 59. Crimes- Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to make such lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs.
3. Sells or abandons the child to another persons` for valuable consideration
4. Neglects the child by not giving him the education which the family’s station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by article 72;
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled.
7. Improperly exploits the child by using him, directly or indirectly, such as for purposes of
begging and other acts which are inimical to his interest and welfare.
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignations and other excessive chastisement that embarrasses or humiliates him.
9. Causes or encourages the child to lead an immoral or dissolute life.
10. Permits the child to posses, handle or carry a deadly weapon, regardless of its ownership.
11. Allows or requires the child to drive without license or with license which the parent knows
to have been illegally procured. If motor vehicle driven by the child belongs to the parent, it
shall be presumed that the permitted or ordered the child to drive.
Article 60. PENALTY – The act mentioned in the preceding article shall be punishable with
imprisonment from two to six months or a fine not exceeding five hundred pesos, or both, at the

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discretion of the court, unless a higher penalty is provided for in the RPC or special laws,
without prejudice to actions for the involuntary commitment of the child.
 ENVIRONMENT – the culture, norms and behavior of

the child’s surroundings may very well influence the upbringing of the child especially
throughout their formative years and such misbehaviors learned will definitely be carried out
until a child’s maturity or entrance to the adolescent world. Behavior modification by means
of imitation as brought about by the environment is as follows:
a. Rampant drug addiction
b. Vices such as gambling and alcoholism
c. Association with criminal groups and gangs
d. Impulse of fear and resentment
e. Crime inducing situations and presence of hazards
f. Attractive nuisances prevalent in the environment
 SCHOOL – learning institutions are vital to proper
child development, it represents the child’s second homed and represents the instrument for
the training of young persons which should provide goals, values and academic growth
which will be necessary to transform the raw mind of the child to be able to bring them up as
productive, law abiding and responsible citizen of the republic.
Instances of deviant conduct of children attributed to the school inadequacy are
as follows:
1. Truancy
2. Membership in fraternities and sororities
3. Lack of facilities for circular and extra-circular activities
4. Failure of the mentors in character development of the students
5. Methods being used which create the conditions of frustration and failure on
the part of the students.
6. Corruption
JUVENILE DELINQUENCY PREVENTION
The urgent need:
Public safety is paramount- government has a duty to protect the public from kids who can
kill. But it is becoming over more apparent that increasing police, prosecution, and prisons alone
is neither sufficient nor adequately effective in stemming the tide of youth violence and crime.
List of predictors:
The list below is particularly useful in identifying the components of the strategies of
prevention and early intervention. But the list is not a universal one that applies to all countries.
In any particular country or society, methods of preventing or treating antisocial behavior should
be based on empirically validated theories about causes.
Individual factors:
1. pregnancy and delivery complications
2. low resting heart rate
3. internalizing disorders
4. hyperactivity, concentrating problems, restlessness and risk taking
5. aggressiveness
6. beliefs and attitudes favorable to deviant or antisocial behavior
Family factors:
1. parental criminality
2. child maltreatment poor family management practices
3. low levels of parental involvement
4. poor family bonding and family conflict
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5. parental attitudes favorable to substance abuse and violence

6. parent-child separation
School factors:
1. academic failure
2. low bonding to school
3. truancy and dropping out of school
4. frequent school transitions
Peer related factors:

1. delinquent siblings
2. delinquent peers
3. gang membership
Community and neighborhood factors:

1. poverty
2. community disorganization
3. availability of drugs and firearms
4. neighborhood adults involved in crime
5. exposure to violence and racial prejudice
Delinquent prevention measures:

1. Prevention strategies-these include healthy beliefs and clear standards for productive, law
abiding behavior, and bonding with adults who adhere to these beliefs and standards.
2. Key principles for preventing and reducing at risk behavior and delinquency include:
a. Strengthen families in their role of providing guidance and discipline and instilling sound
values as their children’s first and primary teachers.
b. Support core social institutions, including school, churches and other community based
organizations, to alleviate risk factors and help children develop to their maximum
potential.
c. Promote intervention strategies that reduce the impact of risk factors and enhance the
influence of protective factors in the lives of youth at greatest risk of delinquency.
d. Intervene with youth immediately when delinquency first occurs.
e. Establish broad spectrum of graduated sanctions that provides accountability and a
continuous services to respond appropriately to the needs of each juvenile offender.
f. Identify and control the small segment of serious violent, and chronic juvenile offenders.
Of course the implementation of these key principles require all sectors of the community
to take part in determining local needs and in planning and implementing programs to meet those
needs.
Laws relative to juvenile delinquency in the Philippines

Enforcement of the laws related to juvenile delinquency is n important aspect of the
entire prevention measures or strategies.
1. Republic Act no. 7610 – Known as special protection of children against child abuse,
exploitation and discrimination act(Approved June 17, 1992) –as can be gleaned from the
title, the objective of the law is for the protection of the child from becoming a victim of
child abuse, exploitation and discrimination. It does not speak of the child or minor as
offender. However, it does not mean to preclude the possibility that minor is not capable of
committing the acts prohibited by law. It is given a fact that sometimes, minors conceal their
true age in order to be able to avail for themselves some activities only adults are supposed to
do.
2. Republic Act no. 8369 – The family courts act of 1997( Approved on October 28,
1997)-An act establishing Family courts, granting them exclusive original jurisdiction over
child and family case. Amending BP Blg. 129. as amended, otherwise known as the
Judiciary reorganization act of 1980,

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3. Republic act No.9344- known as the juvenile Justice and welfare act of 2006(which
took effect on May 20 2006)- This law is the newest among the laws concerning juvenile
delinquency.
4. Republic Act no. 7658, An act prohibiting the employment of the children below 15
years of age in public and private undertaking amending for this purpose section 12, article 8
of R.A 7610.( Approved November 9, 1993)
5. Republic act No. 9231 – An act providing for the elimination of the worst forms of
child labor and affording stronger protection for the working child, amending R.A. 7610
6. Republic Act No. 9262- A law on anti violence against women and children.
CHILD AND YOUTH WELFARE AND EDUCATION
ACCESS TO EDUCATIONAL OPPORTUNITIES
Article 71. Admission to Schools. - The state shall see to it that no child is refused
admission in public schools. All parents are required to enroll their children in schools to
complete, at least, an elementary education.
Article 72. Assistance. - To implement effectively the compulsory education policy, all
necessary assistance possible shall be given to parents, specially indigent ones or those who need
the services of children at home, to enable the children to acquire at least an elementary
education. Such assistance may be in the form of special school programs which may not require
continuous attendance in school, or aid in the form of necessary school supplies, school lunch, or
whatever constitutes a bar to a child's attendance in school or access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working
mothers and indigent parents, and in keeping with the Constitutional provision on the
maintenance of an adequate system of public education, public nursery and kindergarten schools
shall be maintained, whenever possible. The operation and maintenance of such schools shall be
the responsibility of local governments. Aid from local school board funds, when available, may
be provided.
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes
in every province, and, if possible, special schools for the physically handicapped, the mentally
retarded, the emotionally disturbed, and the specially gifted. The private sector shall be given all
the necessary inducement and encouragement to establish such classes or schools.
Article 75. School Plants and Facilities. - Local school officials and local government
officials shall see to it that school children and students are provided with adequate schoolrooms
and facilities including playground, space, and facilities for sports and physical development
activities. Such officials should see to it that the school environment is free from hazards to the
health and safety of the students and that there are adequate safety measures for any emergencies
such as accessible exits, firefighting equipment, and the like. All children shall have the free
access to adequate dental and medical services.
THE HOME AND THE SCHOOL
Article 76. Role of the Home. - The home shall fully support the school in the
implementation of the total school program - curricular and co-curricular - toward the proper
physical, social, intellectual and moral development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall
organize a parent-teacher association for the purpose of providing a forum for the discussion of
problems and their solutions, relating to the total school program, and for insuring the full
cooperation of parents in the efficient implementation of such program. All parents who have
children enrolled in a school are encouraged to be active members of its PTA, and to comply
with whatever obligations and responsibilities such membership entails.
Parent-Teacher Association all over the country shall aid the municipal and other local
authorities and school officials in the enforcement of juvenile delinquency control measures, and
in the implementation of programs and activities to promote child welfare.

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MISCELLANEOUS
Article 78. Contributions. - No school shall receive or collect from students, directly or
indirectly, contributions of any kind or form, or for any purpose except those expressly provided
by law, and on occasions of national or local disasters in which case the school any accept
voluntary contribution or aid from students for distribution to victims of such disasters or
calamities.
CHILD AND YOUTH WELFARE AND THE CHURCH

Article 79. Rights of the Church. - The State shall respect the rights of the Church in
matters affecting the religious and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations
or groups may, conformably to law, establish schools for the purpose of educating children in
accordance with the tenets of their religion.
Article 81. Religious Instruction. - The religious education of children in all public and
private schools is a legitimate concern of the Church to which the students belong. All churches
may offer religious instruction in public and private elementary and secondary schools, subject to
the requirements of the Constitution and existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the
government shall extend to all churches, without discrimination or preference, every opportunity
to exercise their influence and disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible, parents shall accompany their
children to the regular devotion of their Church and other religious ceremonies.
COMMUNITY AND JUVENILE DELINQUENCY

Community- based services and programs which respond to the special needs,
problems, interests and concerns of young persons and which offer appropriate counseling and
guidance to young persons and their families should be developed, or strengthened where they
exist.
COLLABORATION BETWEEN THE HOME AND THE COMMUNITY

Article 102. Proper Atmosphere for Children. - The home shall aid the community in
maintaining an atmosphere conducive to the proper upbringing of children, particularly with
respect to their preparation for adult life and the conscientious discharge of their civic duties as a
whole.
Article 103. Unwholesome Influence. - The home and the community shall cooperate
with each other in counteracting and eliminating such influences as may be exerted upon
children by useless and harmful amusements and activities, obscene exhibitions and programs,
and establishments inimical to health and morals.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
DUTIES IN GENERAL OF THE COMMUNITY
Article 84. Community Defined. - As used in this Title, a community shall mean, the
local government, together with the society of individuals or institutions, both public and private,
in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every
child to live in a society that offers or guarantee him safety, health, good moral environment and
facilities for his wholesome growth and development, it shall be the duty of the community to:
o Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental and spiritual well-being;
o Help institutions of learning, whether public or private, achieve the fundamental
objectives of education; lawphi1.net
o Organize or encourage movements and activities, for the furtherance of the interests of
children and youth;

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o Promote the establishment and maintenance of adequately equipped playgrounds, parks,

and other recreational facilities;
o Support parent education programs by encouraging its members to attend and actively
participate therein;
o Assist the State in combating and curtailing juvenile delinquency and in rehabilitating
wayward children;
o Aid in carrying out special projects for the betterment of children in the remote areas or
belonging to cultural minorities or those who are out of school; and
o Cooperate with private and public child welfare agencies in providing care, training and
protection to destitute, abandoned, neglected, abused, handicapped and disturbed children.
COMMUNITY BODIES DEALING WITH CHILD WELFARE

Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to
enact ordinances and resolutions not inconsistent with law or municipal ordinances, as may be
necessary to provide for the proper development and welfare of the children in the community, in
consultation with representatives of national agencies concerned with child and youth welfare.
Article 87. Council for the Protection of Children. - Every barangay council shall
encourage the organization of a local Council for the Protection of Children and shall coordinate
with the Council for the Welfare of Children and Youth in drawing and implementing plans for
the promotion of child and youth welfare. Membership shall be taken from responsible members
of the community including a representative of the youth, as well as representatives of
government and private agencies concerned with the welfare of children and youth whose area of
assignment includes the particular barangay and shall be on a purely voluntary basis.
Said Council shall:
o Foster the education of every child in the barangay;
o Encourage the proper performance of the duties of parents, and provide learning
opportunities on the adequate rearing of children and on positive parent-child relationship;
o Protect and assist abandoned or maltreated children and dependents;
o Take steps to prevent juvenile delinquency and assist parents of children with behavioral
problems so that they can get expert advise;
o Adopt measures for the health of children;
o Promote the opening and maintenance of playgrounds and day-care centers and other
services that are necessary for child and youth welfare;
o Coordinate the activities of organizations devoted to the welfare of children and secure their
cooperation; lawphi1.net
o Promote wholesome entertainment in the community, especially in movie houses; and
o Assist parents, whenever necessary in securing expert guidance counseling from the proper
governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It
shall distribute to parents available literature and other information on child guidance. The
Council shall assist parents, with behavioral problems whenever necessary, in securing expert
guidance counseling from the proper governmental or private welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide

annual scholarship for indigent children who, in judgment of the Council for the Protection of
Children, deserve public assistance in the development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage
membership in civil youth associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for
the payment of the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults

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Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall
refer to any club, organization or association of individuals twenty-one years of age or over,
which is directly or indirectly involved in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic
association of adults holding benefits or soliciting contributions pursuant to the provisions of the
next preceding article, to render an accounting of the proceeds thereof to the Department of
Social Welfare or to the city or municipal treasurer, as the case may be.
Article 93. Functions. - Civic associations and youth associations shall make
arrangements with the appropriate governmental or civic organization for the instruction of youth
in useful trades or crafts to enable them to earn a living.
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic
associations and youth associations shall be conducted in a peaceful and lawful manner.
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all
civic associations and youth associations to bring to the attention of the proper authorities the
exhibition of indecent shows and the publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic
association, prohibit any movie, television or radio program offensive to the proprieties of
language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen years of
age due to their advocating or unduly suggesting violence, vices, crimes and immorality, shall
not be shown in any movie theater where the main feature is for general patronage nor shall they
be used or shown during or immediately before and after any television or radio program for
children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any
youth association may complain to the officials of any public or private child-caring agency
about any act or omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of
Children or the Department of Social Welfare, which shall promptly investigate the matter and
take such steps as may be necessary.
Article 97. Studies and Researches. - The government shall make available such data and
technical assistance as may be needed by civic associations conducting studies and researches on
matters relating to child welfare, including the prevention of juvenile delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic
associations or youth associations shall receive the support and encouragement of the State.
THE ROLE OF MASS MEDIA AGAINST DELINQUENCY:
Mass media should be encouraged to ensure that young persons have access to
information and material from a diversity of national and international sources. It should support
to portray the positive contribution of young persons to society.
CHILD AND YOUTH WELFARE AND THE STATE

REGULATION OF CHILD AND YOUTH WELFARE SERVICES
Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private
child welfare agencies providing encouragement, care, and protection to any category of children
and youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped,
disturbed, or youthful offenders, classified and defined as follows, shall be coordinated by the
Department of Social Welfare:
1. A child-caring institution is one that provides twenty-four resident group care service for
the physical, mental, social and spiritual well-being of nine or more mentally gifted,
dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders.
2. An institution, whose primary purpose is education, is deemed to be a child-caring
institution when nine or more of its pupils or wards in the ordinary course of events do not
return annually to the homes of their parents or guardians for at least two months of
summer vacation.

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3. A detention home is a twenty-four hour child-caring institution providing short term

resident care for youthful offenders who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
4. A shelter-care institution is one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the home, being without adult care because of
crisis in the family, or a court order holding them as material witnesses.
5. Receiving homes are family-type homes which provides temporary shelter from ten to
twenty days for children who shall during this period be under observation and study for
eventual placement by the Department of Social Welfare. The number of children in a
receiving home shall not at any time exceed nine: Provided, That no more than two of them
shall be under three years of age.
6. A nursery is a child-caring institution that provides care for six or more children below six
years of age for all or part of a twenty-four hour day, except those duly licensed to offer
primarily medical and educational services.
7. A maternity home is an institution or place of residence whose primary function is to give
shelter and care to pregnant women and their infants before, during and after delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful offenders or
other disturbed children.
9. A reception and study center is an institution that receives for study, diagnosis, and
temporary treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
10. A child-placing agency is an institution or person assuming the care, custody, protection
and maintenance of children for placement in any child-caring institution or home or under
the care and custody of any person or persons for purposes of adoption, guardianship or
foster care. The relatives of such child or children within the sixth degree of consanguinity
or affinity are excluded from this definition.
Article 118. License Required. - No private person, natural or juridical, shall establish,
temporarily or permanently, any child welfare agency without first securing a license from the
Department of Social Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which
it was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined
and stated in writing. Such definition shall include the geographical area to be served, the
children to be accepted for care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine
laws.
Article 119. Guiding Principles. - The protection and best interests of the child or
children therein shall be the first and basic consideration in the granting, suspension or
revocation of the license mentioned in the preceding article.
Article 120. Revocation or Suspension of License. - The Department of Social Welfare may, after
notice and hearing , suspend or revoke the license of a child welfare agency on any of the
following grounds:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support and maintain the
children therein or to perform the functions for which it was granted license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be, or is
physically dangerous to children or would unduly expose children to crime, vice,
immorality, corruption or severe cruelty; or
6. That said agency has by any act or omission shown its incompetence or unworthiness to
continue acting as a child welfare agency. During the period of suspension, the agency
concerned shall not accept or admit any additional children. In any case, the Department of
Social Welfare shall make such order as to the custody of the children under the care of

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such agency as the circumstances may warrant. The suspension may last for as long as the
agency has not complied with any order of the Department of Social Welfare to remove or
remedy the conditions which have risen to the suspension. The aggrieved agency may
appeal the suspension and/or revocation in a proper court action. In such case, the court
shall within fifteen days from the filing of the Department of Social Welfare's answer,
conduct a hearing and decide the case, either by lifting the suspension, or continuing it for
such period of time as it may order, or by revoking the license of the agency where the
Department of Social Welfare has proven the revocation to be justified.
Article 121. Responsible Government Body. - The governing body of a child welfare agency
or institution shall be composed of civic leaders or persons of good standing in the community.
The administrator must be a competent person qualified by education or experience or both to
serve as such.
Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or
corporation may be both a child-caring institution and a child-placement agency and it may be
licensed to carry out both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by
training to make thorough studies of every prospective family home. Staff arrangements must
also be made for continuing supervision of the children staying in family homes so long as the
children remain in the legal custody of the agency.
Article 123. Responsible Staff of Employees. - The licensee shall choose its employees
who shall be persons of good health and character, and whenever possible, the higher rank of
employees shall in addition have training, preferably in child psychology.
Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake
investigations to determine if the acceptance or continued stay of a child in its institution is
necessary. Each licensee shall make provisions for continuing services, including social
casework for every child under its care.
Article 125. Records. - The licensee shall keep confidential records of every child in its
study. These records shall be made available only to such persons as may be authorized by the
Department of Social Welfare or by the proper court.
Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the
children with a pleasant atmosphere that shall approximate as nearly as possible the conditions of
an ideal home. Vocational rehabilitation shall also be provided in accordance with existing law
and the particular needs of the children.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to
satisfy the child's total nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate
clothing for every child under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building
adequate both in ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make
the children aware of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical
and nursing care for sick children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious
training to children under its custody, taking into consideration the religious affiliation or express
wishes of the child or his parents. For such purpose, it shall have a defined policy regarding its
religious activities for the information of those wishing to place children in its care.
Article 132. Annual Report. - Every child welfare agency or institution shall submit to
the Department of Social Welfare an annual report setting forth a brief summary of its operations
during the preceding year, including the funds received during said period, the sources thereof,
the purposes for which they were spent and the cash position of the agency or institution as of the
date of the report, number of children admitted, and such other information as may be required
by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State

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Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents
in the proper upbringing of the child, the State shall, whenever possible, in collaboration and
cooperation with local government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children's recreation centers.
Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be
established in every barangay to perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or nursing
mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the
expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations
Courts shall, as far as practicable, be established in every province or city to hear and decide
cases involving juvenile and domestic problems.
Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable,
establish regional child welfare agencies, orphanages and other similar institutions to provide
care for the children mentioned in Title VIII of this Code.
Article 137. Children's Reading and Recreation Centers. - The State shall establish in every
barangay reading centers and recreation centers where children may meet and play together for
their healthy growth and their social and cultural development.
Article 138. Parent Education Program. - The Department of Social Welfare shall from time
to time hold a Parent Education Congress, which shall aim to enable parents to understand child
growth and development, parent-child relationship, family life, and family-community
relationship, and to improve their ability to discharge their duties.
Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such
curfew hours for children as may be warranted by local conditions. The duty to enforce curfew
ordinances shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this
article shall be admonished by the Department of Social Welfare or the Council for the
Protection of Children.
Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State shall give special assistance to children
whenever necessary. The Department of Social Welfare shall take immediate custody of
dependent children and give temporary shelter to orphaned or displaced children (who are
separated from their parents or guardian).
ESSENTIAL FEATURES OF THE CHILD AND YOUTH WELFARE CODE

(PD 603 OF December 10, 1974)
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree the following:
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the
nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a
useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the
family should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.

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Attachment to the home and strong family ties should be encouraged but not to the extent of
making the home isolated and exclusive and unconcerned with the interests of the community
and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive
the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should
assist the home and the State in the endeavor to prepare the child for the responsibilities of
adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth
Welfare Code. It shall apply to persons below twenty-one years of age except those emancipated
in accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such
persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of
his conception, as generally accepted in medical parlance, and has, therefore, the right to be
born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care
and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that
he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to
his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards,
and other conditions or circumstances prejudicial to his physical, mental, emotional, social
and moral development.
(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health
and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs
for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith
in democracy and inspire him with the morality of the constituted authorities both in their
public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to
contribute his share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his
birth, sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the
teachings of his elders and mentors, and the biddings of a clean conscience;

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(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the
family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor
with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a
formal education suited to his abilities, in order that he may become an asset to himself and
to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory
of our heroes, the duly constituted authorities, the laws of our country, and the principles
and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always
bearing in mind that it is the youth who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their common
aspirations for programs and prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall
commence from the time of his conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept
strictly confidential and no information relating thereto shall be issued except on the request of
any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution
legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative,
judicial or other official proceedings to determine the identity of the child's parents or other
circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two
months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the
court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education
and property of the child, his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance
through his various levels of growth, from infancy to early and later childhood, to puberty and
adolescence, and when necessary even after he shall have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be
given opportunities and facilities, by law and by other means, to ensure and enable his fullest
development physically, mentally, emotionally, morally, spiritually and socially in a healthy and
normal manner and in conditions of freedom and dignity appropriate to the corresponding
developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with
adequate pre-natal and post-natal care both for him and his mother. All appropriate measures
shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in
looking after the health of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education shall
assist the parents in providing the best education for the child.
Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy
social and emotional growth. These shall be undertaken by the home in collaboration with the
schools and other agencies engaged in the promotion of child welfare.

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Article 14. Morality. - High moral principles should be instilled in the child, particularly in
the home, the school, and the church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to
the precepts of his religion should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He
shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and
helpfulness and in full consciousness of his responsibilities as a member of society.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights
may adopt: Provided, That he is in a position to support and care for his legitimate, legitimated,
acknowledged natural children, or natural children by legal fiction, or other illegitimate children,
in keeping with the means, both material and otherwise, of the family. In all cases of adoption
the adopter must be at least fifteen years older than the person to be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own country or one with
whose government the Republic of the Philippines has broken diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such
case, parental authority shall be exercised as if the child were their own by nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines has broken diplomatic
relations;
3. A person who has already been adopted unless the adoption has been previously revoked
or rescinded in accordance with this Chapter.
Article 31. Whose Consent is Necessary. - The written consent of the following to the
adoption shall be necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of Social Welfare
or any duly licensed child placement agency under whose care the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the
court to prevent the natural parents from making hurried decisions caused by strain or anxiety to
give up the child, and to ascertain, that all measures to strengthen the family have been exhausted
and that any prolonged stay of the child in his own home will be inimical to his welfare and
interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department of
Social Welfare, or the Social Work and Counselling Division, in case of Juvenile and Domestic
Relations Courts, has made a case study of the child to be adopted, his natural parents as well as
the prospective adopting parents, and has submitted its report and recommendations on the
matter to the court hearing such petition. The Department of Social Welfare shall intervene on
behalf of the child if it finds, after such case study, that the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of
Court in so far as they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until
the adopting parents are given by the court a supervised trial custody period of at least six
months to assess their adjustment and emotional readiness for the legal union. During the period
of trial custody parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the
trial period if it finds that it is to the best interest of the child. In such case, the court shall state its
reasons for reducing said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of
Social Welfare or duly licensed child placement agency and the evidence submitted before it, the

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court is satisfied that the petitioner is qualified to maintain, care for, and educate the child, that
the trial custody period has been completed, and that the best interests of the child will be
promoted by the adoption, a decree of adoption shall be entered, which shall be effective as of
the date the original petition was filed. The decree shall state the name by which the child is
thenceforth to be known.
Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil
register and shall be annotated on the record of birth, and the same shall entitle the adopted
person to the issuance of an amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books and papers
relating to the adoption cases in the files of the court, of the Department of Social Welfare, and
of any other agency or institution participating in the adoption proceedings, shall be kept strictly
confidential.
Subject to the provisions of Article 7, in any case in which information from such
records, books and papers is needed, the person or agency requesting the release of the
information may file a petition to the court which entered the decree of adoption for its release. If
the court finds that the disclosure of the information is necessary for purposes connected with or
arising out of the adoption and will be for the best interests of the child, the court may permit the
necessary information to be released, restricting the purposes for which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a legitimate child of the
adopter: Provided, That an adopted child cannot acquire Philippine citizenship by virtue of
such adoption; lawphi1.net
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is
the spouse of the surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is
survived by legitimate parents or ascendants and by an adopted person, the latter shall not
have more successional rights than an acknowledged natural child: Provided, further, That
any property received gratuitously by the adopted from the adopter shall revert to the
adopter should the former predecease the latter without legitimate issue unless the adopted
has, during his lifetime, alienated such property: Provided, finally, That in the last case,
should the adopted leave no property other than that received from the adopter, and he is
survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse
shall receive one-fourth of such property; if the adopted is survived by illegitimate issue
and a spouse, then the former collectively shall receive one-fourth and the latter also one-
fourth, the rest in any case reverting to the adopter, observing in the case of the illegitimate
issue the proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall
inherit from him, except that if the latter are both dead, the adopting parent or parents take the
place of the natural parents in the line of succession, whether testate or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare
or any duly licensed child placement agency if the adopted is still a minor or otherwise
incapacitated, may ask for the rescission of the adoption on the same grounds that cause the loss
of parental authority under the Civil Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of
the adoption in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or his spouse;
2. When the adopted minor has abandoned the home of the adopter for more than three years
and efforts have been exhausted to locate the minor within the stated period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached
the age of majority at the time of the revocation or rescission referred to in the next preceding
articles, the court in the same proceeding shall determine whether he should be returned to the
parental authority of his natural parents or remitted to the Department of Social Welfare or any

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duly licensed child placement agency or whether a guardian over his person and property should
be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and
when granted by the court, shall release him from all obligations to his adopting parents and shall
extinguish all his rights against them: Provided, That if the said adopted person is physically or
mentally handicapped as to need a guardian over his person or property, or both, the court may
appoint a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the
adopter's surname and the court shall order the amendment of the records in the Civil Register in
accordance with its decision.
Foster-Care
Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the
Department of Social Welfare or any duly licensed child placement agency when and as the need
therefore arises. They shall be run by married couples, to be licensed only after thorough
investigation of their character, background, motivation and competence to act as foster parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be
preferred to institutional care. Unless absolutely necessary, no child below nine years of age shall
be placed in an institution. An older child may be taken into an institution for child care if a
thorough social case study indicates that he will derive more benefit therefrom.
Article 69. Day-care service and other substitute parental arrangement. - Day-care and
other substitute parental arrangement shall be provided a child whose parents and relatives are
not able to care for him during the day. Such arrangements shall be the subject of accreditation
and licensing by the Department of Social Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be
given, as much as possible, the affection and understanding that his own parents, if alive or
present, would or should have extended to him. Foster care shall take into consideration the
temporary nature of the placement and shall not alienate the child from his parents.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to
any club, organization or association of individuals below twenty-one years of age which is
directly or indirectly involved in carrying out child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same
rights and discharge the same responsibilities as civic associations as may be permitted under
existing laws.
Article 101. Student Organizations. - All student organization in public or private
schools shall include in their objectives the cultivation of harmonious relations among their
members and with the various segments of the community.
CHILD AND YOUTH WELFARE AND THE SAMAHAN

CHAPTER I
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer
to the aggregate of persons working in commercial, industrial, and agricultural establishments or
enterprises, whether belonging to labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever
necessary, shall provide by ordinance for the formation and organization of a samahan in their
respective communities. Membership in the samahan shall be on voluntary basis from among
responsible persons from the various sectors of the community mentioned in the preceding
article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is harmful
to their normal growth and development;

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2. Forestall their exploitation by insuring that their rates of pay, hours of work and other
conditions of employment are in accordance not only with law but also with equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and secure to
them their basic right to an education; lawphi1.net
4. Help out-of-school youth to learn and earn at the same time by helping them look for
opportunities to engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and agencies in the
barangay, municipality or city to arrange for possible marketing of the products or
articles made by the students; and
6. Provide work experience, training and employment in those areas where the restoration
and conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen
years of age may be employed to perform light work which is not harmful to their safety, health
or normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of
employment of children are hereby adopted as part of this Code insofar as not inconsistent
herewith.
Article 108. Duty of Employer to Submit Report. - The employer shall submit to the
Department of Labor a report of all children employed by him. A separate report shall be made
of all such children who are found to be handicapped after medical examination. The Secretary
of Labor shall refer such handicapped children to the proper government or private agencies for
vocational guidance, physical and vocational rehabilitation, and placement in employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or
agricultural establishment or enterprise shall keep:
1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their parents or
guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in accordance with
existing laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen
years of age, the head of the family shall give him an opportunity to complete at least elementary
education as required under Article 71. The cost of such education shall be a part of the
domestic's compensation unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms
as adults to join the collective bargaining union of their own choosing in accordance with
existing law.
Neither management nor any collective bargaining union shall threaten or coerce working
children to join, continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between
labor and management in the observance of the conditions of employment required by law for
working children.
Article 113. Educational Assistance Programs. - The management may allow time off
without loss or reduction of wages for working children with special talents to enable them to
pursue formal studies in technical schools on scholarships financed by management or by the
collective bargaining union or unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the
Women and Minors Bureau of the Department of Labor, undertake projects and in-service
training programs for working children which shall improve their conditions of employment,
improve their capabilities and physical fitness, increase their efficiency, secure opportunities for
their promotion, prepare them for more responsible positions, and provide for their social,
educational and cultural advancement.

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Article 115. Research Projects. - Labor and management shall cooperate with any
government or private research project on matters affecting the welfare of working children.
Dependent, Abandoned and Neglected Children

Article 141. Definition of Terms. - As used in this Chapter:
1. A dependent child is one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
2. An abandoned child is one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without proper
shelter.
(b) A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when
children are exploited, overworked or made to work under conditions not conducive
to good health; or are made to beg in the streets or public places, or when children are
in moral danger, or exposed to gambling, prostitution and other vices.
4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the termination of
parental or guardianship rights by reason of abandonment, substantial and continuous
or repeated neglect and/or parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or guardianship rights
in the manner and form hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department
of Social Welfare Secretary or his authorized representative or any duly licensed child placement
agency having knowledge of a child who appears to be dependent, abandoned or neglected, may
file a verified petition for involuntary commitment of said child to the care of any duly licensed
child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with
the Court of First Instance of the province or City Court in which the parents or guardian resides
or the child is found.
Article 143. Contents of Petition: Verification. - The petition for commitment must state
so far as known to the petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;
2. The names of the parent or parents, if known, and their residence. If the child has no parent
or parents living, then the name and residence of the guardian, if any; and
3. The name of the duly licensed child placement agency or individual to whose care the
commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of
the petitioner.
Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment
is filed, the court shall fix a date for the hearing thereof. If it appears from the petition that one or
both parents of the child, or the guardian, resides in province or city, the clerk of court shall
immediately issue summons, together with a copy of the petition, which shall be served on such
parent or guardian not less than two days before the time fixed for the hearing. Such summons
shall require them to appear before the court on the date mentioned.
Article 145. When Summons Shall Not be Issued. - The summons provided for in the next
preceding article shall not be issued and the court shall thereupon proceed with the hearing of the
case if it appears from the petition that both parents of the child are dead or that neither parent
can be found in the province or city and that the child has no guardian residing therein.

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Article 146. Representation of Child. - If it appears that neither of the parents nor the
guardian of the child can be found in the province or city, it shall be the duty of the court to
appoint some suitable person to represent him.
Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State,
seeing to it that there has been due notice to all parties concerned and that there is justification
for the declaration of dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association,
or any appointed de officio counsel shall prepare the petition for the Secretary of the Department
of Social Welfare, his representative or the head of the duly licensed child placement agency, or
the duly licensed individual and represent him in court in all proceedings arising under the
provisions of this Chapter.
Article 148. Hearing. - During the hearing of the petition, the child shall be brought
before the court, which shall investigate the facts and ascertain whether he is dependent,
abandoned, or neglected, and, if so, the cause and circumstances of such condition. In such
hearing, the court shall not be bound by the technical rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive
evidence of the intent to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to be
dependent, abandoned, or neglected, an order shall be entered committing him to the care and
custody of the Department of Social Welfare or any duly licensed child placement agency or
individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion the
cases of the abandonment or neglect of any child may be remedied, it may permit the child to
stay in his own home and under the care and control of his own parents or guardian, subject to
the supervision and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with
his parents or guardian, it may commit the child in accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been
committed to the Department of Social Welfare or any duly licensed child placement agency or
individual pursuant to an order of the court, his parents or guardian shall thereafter exercise no
authority over him except upon such conditions as the court may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of Social
Welfare or any duly licensed child placement agency or individual receiving a child pursuant to
an order of the court shall be the legal guardian and entitled to his legal custody and control, be
responsible for his support as defined by law, and when proper, shall have authority to give
consent to his placement, guardianship and/or adoption.
Article 153. Change of Custody. - The Department of Social Welfare shall have the
authority to change the custody of a child committed to and duly licensed child placement
agency or individual if it appears that such change is for the best interests of the child. However,
when conflicting interests arise among child placement agencies the court shall order the change
of commitment of the child.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent or
guardian of a dependent, abandoned or neglected child may voluntarily commit him to the
Department of Social Welfare or any duly licensed child placement agency or individual subject
to the provisions of the next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to
the preceding article unless he is surrendered in writing by his parents or guardian to the care and
custody of the Department of Social Welfare or duly licensed child placement agency. In case of
the death or legal incapacity of either parent or abandonment of the child for a period of at least
one year, the other parent alone shall have the authority to make the commitment. The
Department of Social Welfare, or any proper and duly licensed child placement agency or
individual shall have the authority to receive, train, educate, care for or arrange appropriate
placement of such child.
Article 156. Legal Custody. - When any child shall have been committed in accordance
with the preceding article and such child shall have been accepted by the Department of Social

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Welfare or any duly licensed child placement agency or individual, the rights of his natural
parents, guardian, or other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his
minority, and shall have authority to care for, educate, train and place him out temporarily or for
custody and care in a duly licensed child placement agency. Such agency or individual may
intervene in adoption proceedings in such manner as shall best inure to the child's welfare.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or
individual receiving a judicial order or by voluntary commitment by his parents or guardian shall
be subject to visitation or inspection by a representative of the court or of the Department of
Social Welfare or both, as the case may be.
Article 158. Report of Person or Institution. - Any duly licensed child placement agency
or individual receiving a child for commitment may at any time be required by the Department of
Social Welfare to submit a report, copy furnished the court, containing all necessary information
for determining whether the welfare of the child is being served.
Article 159. Temporary Custody of Child. - Subject to regulation by the Department of
Social Welfare and with the permission of the court in case of judicial commitment, the
competent authorities of any duly licensed child placement agency or individual to which a child
has been committed may place him in the care of any suitable person, at the latter's request, for a
period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given
proper care, or at his own request, or at the instance of the agency or person receiving him.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or
institution to which he has been judicially or voluntarily committed or the person under whose
custody he has been placed in accordance with the next preceding article, or for any person to
induce him to leave such person or institution, except in case of grave physical or moral danger,
actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or
by a fine of not more than two thousand pesos, or both such fine and imprisonment at the
discretion of the court: Provided, That if the violation is committed by a foreigner, he shall also
be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate
or mitigate the offense as circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act
as guardian of a child are dead or, if living, have abandoned him, for no valid reason, for at least
six months in a duly licensed child placement agency or hospital, or left him with any other
person for the same period without providing for his care and support, such fact shall be reported
immediately to the Department of Social Welfare. In case of a child left in a hospital, immediate
transfer of the child to the Department of Social Welfare or any duly licensed child placement
agency must be arranged. The Department of Social Welfare shall make provisions for the
adequate care and support of the child and shall take such action as it may deem proper for his
best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the
filing of an application by any person to adopt a dependent, abandoned or neglected child in the
custody of any institution or individual mentioned in Article 156, it shall be the duty of the
provincial or city fiscal, any recognized legal association, or any appointed de officio counsel
upon being informed of such fact, to represent the Department of Social Welfare in the
proceedings. The costs of such proceedings shall be de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or
guardian of a child committed to the care of a person, agency or institution by judicial order may
petition the proper court for the restoration of his rights over the child: Provided, That the child
in the meantime, has not been priorly given away in adoption nor has left the country with the
adopting parents or the guardian. The petition shall be verified and shall state that the petitioner
is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby
and cause reasonable notice thereof to be sent to the petitioner and to the person, agency or
institution to which the child has been committed. At the trial, any person may be allowed, at the

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discretion of the court, to contest the right to the relief demanded, and witnesses may be called
and examined by the parties or by the court motu proprio. If it is found that the cause for the
commitment of the child no longer exists and that the petitioner is already able to take proper
care and custody of the child, the court, after taking into consideration the best interests and the
welfare of the child, shall render judgment restoring parental authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the
Department of Social Welfare the parent or parents or guardian who voluntarily committed a
child may recover legal custody and parental authority over him from the agency, individual or
institution to which such child was voluntarily committed when it is shown to the satisfaction of
the Department of Social Welfare that the parent, parents or guardian is in a position to
adequately provide for the needs of the child: Provided, That, the petition for restoration is filed
within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished
with a copy of the petition and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed
against a person or child welfare agency to whose custody a child has been committed by the
court based on neglect of such child as defined in Article 141(3). If the court, after notice and
hearing, is satisfied that the allegations of the petition are true and that it is for the best interest
and welfare of the child the court shall issue an order taking him from the custody of the person
or agency, as the case may be, and committing him to the custody of another duly licensed child
placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or
revoked, as the court may deem proper, in the same proceeding.
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other
institutions as well as private physicians providing treatment shall, within forty-eight hours from
knowledge of the case, report in writing to the city or provincial fiscal or to the Local Council for
the Protection of Children or to the nearest unit of the Department of Social Welfare, any case of
a maltreated or abused child, or exploitation of an employed child contrary to the provisions of
labor laws. It shall be the duty of the Council for the Protection of Children or the unit of the
Department of Social Welfare to whom such a report is made to forward the same to the
provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to
make such report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and
no information relating thereto shall be disclosed except in connection with any court or official
proceeding based on such report. Any person disclosing confidential information in violation of
this provision shall be punished by a fine of not less than one hundred pesos nor more than five
thousand pesos, or by imprisonment for not less than thirty days nor more than one year, or both
such fine and imprisonment, at the discretion of the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons,
organizations, physicians, nurses, hospitals, clinics and other entities which shall in good faith
report cases of child abuse, neglect, maltreatment or abandonment or exposure to moral danger
be free from any civil or criminal liability arising therefrom.
CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill
Children
Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and occupationally incompetent and unable to manage
their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4)
retarded at maturity; (5) mentally deficient as a result of constitutional origin, through hereditary
or disease, and (6) essentially incurable.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four
classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded,
hence, the least capable group. This includes those with I.Q.s to 25.

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2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to
about 50; one who belongs to this group shows a mental level and rate of development
which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills,
but can usually acquire the basic skills for living to a reasonable degree. He can likewise
attain a primary grade level of education if he receives effective instruction.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same
chronological age. The degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as well as on the
treatment at home and in the community. Many of the educable retardates may reach 5th
or 6th grade educational level and can develop occupational skills which may result in
partial or complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s
from about 75 to about 89. The members of this classification are only slightly retarded
and they can usually get by in regular classes if they receive some extra help, guidance
and consideration. They have to spend much more time with their studies than do most
children in order to pass. Those who cannot make it are usually handicapped by one or
more other conditions aside from that of intelligence.
Article 170. Physically Handicapped Children. - Physically handicapped children are those
who are crippled, deaf-mute, blind, or otherwise defective which restricts their means of action
on communication with others.
Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those
who, although not afflicted with insanity or mental defect, are unable to maintain normal social
relations with others and the community in general due to emotional problems or complexes.
Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral
disorder, whether functional or organic, which is of such a degree of severity as to require
professional help or hospitalization.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the
application of the parents or guardians and the recommendation of any reputable diagnostic
center or clinic, shall refer and/or admit disabled children to any public or private institution
providing the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
Article 174. Training and Opportunities for Disabled Children. - Specialized
educational services shall be expanded and improved to provide appropriate opportunities for
disabled children. Vocational rehabilitation and manpower conservation agencies shall train
disabled children for specialized types of jobs, services and business which could be learned only
by them and shall help provide opportunities for their future occupational placement: That the
agencies and organizations engaged in programs and services for the disabled need not be limited
to minors. Persons of legal age may be admitted whenever facilities are available for them.
Article 175. Planning of Programs and Services. - Selected pilot demonstration projects
needed by the disabled children shall be developed and shall be the basis for planning expanded
programs and services throughout the nation. There shall be established area centers designed to
bring together an aggregate of services to serve all ages of the disabled within a specified
geographical area.
Article 176. Donations. - Donations to agencies and organizations engaged in programs
and services for disabled children shall be deductible in accordance with the provision of
Presidential Decree No. 507.
Article 177. Petition for Commitment. - Where a child appears to be mentally retarded,
physically handicapped, emotionally disturbed, or mentally ill, and needs institutional care but
his parents or guardians are opposed thereto, the Department of Social Welfare, or any duly
licensed child placement agency or individual shall have the authority to file a petition for
commitment of the said child to any reputable institution providing care, training and
rehabilitation for disabled children.

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The parents or guardian of the child may file a similar petition in case no immediate
placement can be arranged for the disabled child when the welfare and interest of the child is at
stake.
Article 178. Venue. - The petition for commitment of a disabled child shall be filed with
the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the
province or City Court where the parent or guardian resides or where the child is found.
Article 179. Contents of Petition. - The petition for commitment must state so far as
known to the petitioner:
1. The facts showing that the child appears to be mentally retarded, physically handicapped,
emotionally disturbed or mentally ill and needs institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled child placement
agency, as the case may be, has opposed the commitment of such child;
3. The name of the parents and their residence, if known or if the child has no parents or
parent living, the names and residence of the guardian, if any; and
4. The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief
of the petitioner.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the
court, by an order reciting the purpose of the petition, shall fix the date for the hearing thereof,
and a copy of such order shall be served on the child alleged to be mentally retarded, or
physically handicapped, or emotionally disturbed, or mentally ill, and on the person having
charge of him or any of his relatives residing in the province or city as the judge may deem
proper. The court shall furthermore order the sheriff to produce, if possible, the alleged disabled
child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of
the child is for him or the public welfare and that his parents, or guardian or relatives are unable
for any reason to take proper care of him, the Court shall order his commitment to the proper
institution for disabled children.
Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall
make proper provisions for the custody of property or money belonging to the committed child.
Article 183. Findings and Other Data. - The Court shall furnish the institution to which the
child has been committed with a copy of its judgment, together with all the social and other data
pertinent to the case.
Article 184. Expenses. - The expense of maintaining a disabled child in the institution to
which he has been committed shall be borne primarily by the parents or guardian and
secondarily, by such disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in
accordance with the next preceding paragraph, the same, or such part thereof as may remain
unpaid, shall be borne by the Department of Social Welfare.
Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be
committed to the institution which under the circumstances of the particular child concerned is
best equipped to treat and care for him.
Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge
of any child judicially committed to an institution for disabled children if it is certified by the
Department of Social Welfare that:
1. He has been certified by the duly licensed disabled child placement agency to be no longer
a hazard to himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is
already fit to engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready to assume
normal social relations.
Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed
to an institution for disabled children may be discharged by the Department of Social Welfare
motu proprio or upon the request of his parents or guardian on any of the grounds specified in the
preceding article. In the latter case, the Department of Social Welfare may refuse to discharge
the child if, in its opinion, his release would be prejudicial to him or to the community.

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Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the
Department of Social Welfare or any recognized legal association in all judicial matters arising
under the provisions of this Chapter.
OVERVIEW OF RA 7610 “AN ACT PROVIDING FOR STRONGER DETERRENCE

AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION”
Children refers to person below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition. Child abuse refers to any
act omission that could result to a child suffering from emotional and physical harm.
Physical injury refers to the damage to the body whether internal or external, which may
range from cuts, bruises, tears of the skin and other serious bodily harm. On the other hand,
Psychological Injury refers to the impairment to a child’s psychological or intellectual
functioning that may be manifested by a change in behavior, emotional response, or awareness.
This may be demonstrated by any of the following: severe anxiety, depression, aggressive or
withdrawal behavior.
Other Prohibited Acts include:

 Cruelty – refers to anything done or said that debases, degrades or demeans the in born
dignity or worth of a child as a human being.
 Neglect – refers to the failure to provide for the basic needs of the child.
 Lascivious Conduct – means lewd or sexually motivated. A means by which a person may
obtain sexual gratification without engaging in sexual intercourse are many nad varied.
 Exploitation – which may be voluntary or otherwise on the part of the child are those
activities which results in the children being involved with any type of obscene exhibition or
material.
 Sexual Abuse – refers to acts which has been deliberately by by any adult that results in
the child engaging in any form of sexual activity with any person, willingly or otherwise it
includes molestation of, prostitution of incest with or use, employment, enticement, coercion
or persuasion of a child to engage in or assist another person to engage in any lascivious act
or sexual intercourse.
 Coercion – refers to putting a child under duress to consent to engage in the activity.
 Molestation – means forcing the activity on the child without consent.
 Child Exploitation in Prostitution – refers to children exploited in prostitution or other
sexual abuse who engage in sexual intercourse or lascivious act for reward of any nature or
due to any nature of influence by an adult.
Child Trafficking
Sec. 7. Child Trafficking. - Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Sec. 8. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking
under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals,
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clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section
7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this
Act.
Who may file a complaint? A complaint of any unlawful act as described in RA 7610 may be
filed in the following:
1.Offended Party
2.Parents or guardians
3.Ascendant or collateral relative within the third degree of consanguinity
4.Officer, social worker or representative of a licensed child caring institution
5.Officer or social worker of the DSWD
6.Barangay Chairman
7.At least three concerned responsible citizens where the violation occurred.
Reporting
A person who learns the facts or circumstances that give rise to the belief that a child has
suffered abuse may report the same either orally, or in writing, to the DSWD, the Police or other
law enforcement agency or a barangay council for the protection of children.
Mandatory Reporting
The head of any public or private hospital, medical clinic and similar institutions, as well as
the attending physician and nurse, shall report whether orally or in writing, to the DSWD the
examination and/or treatment of a child who appears to have suffered abuse within 48 hours
from knowledge of the same.
Government Workers Duty to Report

It shall be the duty of all teachers and administrators in public school, probation officers,
government lawyers, law enforcement officers, Barangay Officials, corrections officers and other
government officials and employees whose work involves dealing with children to report all
incidents of possible child abuse to the DSWD.
Republic Act No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice
and Welfare Act of 2006." It shall cover the different stages involving children at risk and
children in conflict with the law from prevention to rehabilitation and reintegration.
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all
times:
(a) The State recognizes the vital role of children and youth in nation building and shall
promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure
the observance of international standards of child protection, especially those to which the
Philippines is a party. Proceedings before any authority shall be conducted in the best interest of
the child and in a manner which allows the child to participate and to express himself/herself

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freely. The participation of children in the program and policy formulation and implementation
related to juvenile justice and welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care
and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation,
and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the
State recognizes the right of every child alleged as, accused of, adjudged, or recognized as
having infringed the penal law to be treated in a manner consistent with the promotion of the
child's sense of dignity and worth, taking into account the child's age and desirability of
promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such children without resorting to judicial proceedings, providing that
human rights and legal safeguards are fully respected. It shall ensure that children are dealt with
in a manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling, probation, foster
care, education and vocational training programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people, particularly the
indigenous peoples and the Muslims, consistent with the protection of the rights of children
belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and
programs applicable to children in conflict with the law.
SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of
the provisions of this Act, including its implementing rules and regulations (IRRs), shall be
construed liberally in favor of the child in conflict with the law.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as
follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law,
furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may
be given in the form of corporate security, property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions
which are most congenial to the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and emotional development. It also
means the least detrimental available alternative for safeguarding the growth and development of
the child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances, such as, but not limited
to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic
or any other means and the parents or guardian refuse, are unwilling, or unable to
provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting
developed for purposes of intervention and diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.

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(g) "Court" refers to a family court or, in places where there are no family courts, any
regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the
placement of a child in conflict with the law in a public or private custodial setting, from which
the child in conflict with the law is not permitted to leave at will by order of any judicial or
administrative authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational background without resorting to formal court
proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting to formal
court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a
child in conflict with the law by law enforcement officers or private citizens. It includes the time
when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of
Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section
9(b) of the same Rule in cases that do not require preliminary investigation or where there is no
necessity to place the child alleged to be in conflict with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to
ensure their normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as
defined in Article 152 of the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or
custodian who shall be responsible for the appearance in court of the child in conflict with the
law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the offender and the community. It seeks
to obtain reparation for the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in prevention
strategies.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts. These shall include curfew
violations; truancy, parental disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for children in conflict with the law
who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by
the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited
NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for
children in conflict with the law. Rehabilitation services are provided under the guidance of a
trained staff where residents are cared for under a structured therapeutic environment with the
end view of reintegrating them into their families and communities as socially functioning
individuals. Physical mobility of residents of said centers may be restricted pending court
disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.

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CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the
law shall have the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment
or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment,
without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest appropriate
period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of his/her age. In
particular, a child deprived of liberty shall be separated from adult offenders at all times. No
child shall be detained together with adult offenders. He/She shall be conveyed separately to or
from court. He/She shall await hearing of his/her own case in a separate holding area. A child in
conflict with the law shall have the right to maintain contact with his/her family through
correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of
a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where
his/her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and
where discretion is given by law to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the
Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules
for the Protection of Juveniles Deprived of Liberty.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to Section 20 of this
Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until
he/she is proven to be eighteen (18) years old or older. The age of a child may be determined
from the child's birth certificate, baptismal certificate or any other pertinent documents. In the

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absence of these documents, age may be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of the child and other relevant evidence. In
case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of
the information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four (24)
hours from receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the child in conflict with the
law.
TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare
Council (JJWC) is hereby created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of
Social Welfare and Development. It shall ensure the effective implementation of this Act and
coordination among the following agencies:
(a) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney's Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA)
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);.
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower than
director, to be designated by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC)
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG)
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and
the other to be designated by the Secretary of Social Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall determine the
organizational structure and staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine
Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties
and functions, as herein provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties
and functions:
(a) To oversee the implementation of this Act;

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(b) To advise the President on all matters and policies relating to juvenile justice and
welfare;
(c) To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention
program, with the participation of government agencies concerned, NGOs and youth
organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities
by national government agencies and other activities which may have an important bearing on
the success of the entire national juvenile intervention program. All programs relating to juvenile
justice and welfare shall be adopted in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with children for
the prevention of juvenile delinquency and the administration of justice, as well as for the
treatment and rehabilitation of the children in conflict with the law;
(g) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such as but not
limited to:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of
juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in research and
policy development.
(h) Through duly designated persons and with the assistance of the agencies provided in
the preceding section, to conduct regular inspections in detention and rehabilitation facilities and
to undertake spot inspections on their own initiative in order to check compliance with the
standards provided herein and to make the necessary recommendations to appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the juvenile
intervention program;
(j) To submit an annual report to the President on the implementation of this Act; and
(k) To perform such other functions as may be necessary to implement the provisions of
this Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government
agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year
from the effectivity of this Act, draft policies and procedures consistent with the standards set in
the law. These policies and procedures shall be modified accordingly in consultation with the
JJWC upon the completion of the national juvenile intervention program as provided under
Section 9 (d).
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the
Commission on Human Rights shall ensure that the status, rights and interests of children are
upheld in accordance with the Constitution and international instruments on human rights. The
CHR shall strengthen the monitoring of government compliance of all treaty obligations,
including the timely and regular submission of reports before the treaty bodies, as well as the
implementation and dissemination of recommendations and conclusions by government agencies
as well as NGOs and civil society.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and
rearing of children which is critical in delinquency prevention. As far as practicable and in

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accordance with the procedures of this Act, a child in conflict with the law shall be maintained in
his/her family.
SEC. 13. The Educational System. - Educational institutions shall work together with
families, community organizations and agencies in the prevention of juvenile delinquency and in
the rehabilitation and reintegration of child in conflict with the law. Schools shall provide
adequate, necessary and individualized educational schemes for children manifesting difficult
behavior and children in conflict with the law. In cases where children in conflict with the law
are taken into custody or detained in rehabilitation centers, they should be provided the
opportunity to continue learning under an alternative learning system with basic literacy program
or non- formal education accreditation equivalency system.
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the
promotion of child rights, and delinquency prevention by relaying consistent messages through a
balanced approach. Media practitioners shall, therefore, have the duty to maintain the highest
critical and professional standards in reporting and covering cases of children in conflict with the
law. In all publicity concerning children, the best interest of the child should be the primordial
and paramount concern. Any undue, inappropriate and sensationalized publicity of any case
involving a child in conflict with the law is hereby declared a violation of the child's rights.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of
Children. - Local Councils for the Protection of Children (LCPC) shall be established in all
levels of local government, and where they have already been established, they shall be
strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC shall
be chosen from among the responsible members of the community, including a representative
from the youth sector, as well as representatives from government and private agencies
concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee
its proper implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall
be allocated for the strengthening and implementation of the programs of the LCPC: Provided,
That the disbursement of the fund shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs
shall appoint a duly licensed social worker as its local social welfare and development officer
tasked to assist children in conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall
coordinate with the LCPC in the formulation and implementation of juvenile intervention and
diversion programs in the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A
Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted
in LGUs from the barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile
intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned,
particularly the child-focused institutions, NGOs, people's organizations, educational institutions
and government agencies involved in delinquency prevention to participate in the planning
process and implementation of juvenile intervention programs. Such programs shall be
implemented consistent with the national program formulated and designed by the JJWC. The
implementation of the comprehensive juvenile intervention program shall be reviewed and
assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall
be submitted by the provincial and city governments to the JJWC not later than March 30 of
every year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-
based programs on juvenile justice and welfare shall be instituted by the LGUs through the
LCPC, school, youth organizations and other concerned agencies. The LGUs shall provide
community-based services which respond to the special needs, problems, interests and concerns

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of children and which offer appropriate counseling and guidance to them and their families.
These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which will have
an initial contact with the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority
shall give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental or
religious organization; a barangay official or a member of the Barangay Council for the
Protection of Children (BCPC); a local social welfare and development officer; or when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child
and Youth Welfare Code".
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is
taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand
why he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(c) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing,
or making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only after all other methods of control have
been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of
the child to the Social Welfare and Development Office or other accredited NGOs, and notify the
child's apprehension. The social welfare and development officer shall explain to the child and
the child's parents/guardians the consequences of the child's act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential unless
otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall
be immediately undertaken to provide the same;

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(k) Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child to
such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed
by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix
his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in
his/her investigation, determine where the case involving the child in conflict with the law
should be referred.
The taking of the statement of the child shall be conducted in the presence of the
following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public
Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and
(3) the local social welfare and development officer. In the absence of the child's parents,
guardian, or nearest relative, and the local social welfare and development officer, the
investigation shall be conducted in the presence of a representative of an NGO, religious group,
or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either
of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local
social welfare and development officer or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a view to accomplishing the
objectives of restorative justice and the formulation of a diversion program. The child and his/her
family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child and
his/her parents or guardians for the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at
the Katarungang Pambarangay, the police investigation or the inquest or preliminary
investigation stage and at all 1evels and phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may
undergo conferencing, mediation or conciliation outside the criminal justice system or prior to
his entry into said system. A contract of diversion may be entered into during such conferencing,
mediation or conciliation proceedings.

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SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation,

the child voluntarily admits the commission of the act, a diversion program shall be developed
when appropriate and desirable as determined under Section 30. Such admission shall not be
used against the child in any subsequent judicial, quasi-judicial or administrative proceedings.
The diversion program shall be effective and binding if accepted by the parties concerned. The
acceptance shall be in writing and signed by the parties concerned and the appropriate
authorities. The local social welfare and development officer shall supervise the implementation
of the diversion program. The diversion proceedings shall be completed within forty-five (45)
days. The period of prescription of the offense shall be suspended until the completion of the
diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the
diversion program at least once a month for reporting and evaluation of the effectiveness of the
program.
Failure to comply with the terms and conditions of the contract of diversion, as certified
by the local social welfare and development officer, shall give the offended party the option to
institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the
diversion program, but not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense
does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not
consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from
determination of the absence of jurisdiction over the case or termination of the diversion
proceedings, as the case may be, forward the records of the case of the child to the law
enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance
of the corresponding document, certifying to the fact that no agreement has been reached by the
parties, the case shall be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the
offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does
not consent to a diversion, the Women and Children Protection Desk of the PNP, or other law
enforcement officer handling the case of the child under custody, to the prosecutor or judge
concerned for the conduct of inquest and/or preliminary investigation to determine whether or
not the child should remain under custody and correspondingly charged in court. The document
transmitting said records shall display the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether
diversion is appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program,
the individual characteristics and the peculiar circumstances of the child in conflict with the law
shall be used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the
child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the
child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate
socio-cultural and psychological responses and services for the child. At the different stages

J.D./2016
where diversion may be resorted to, the following diversion programs may be agreed upon, such
as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based programs, including community service;
or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor
to conduct inquest, preliminary investigation and prosecution of cases involving a child in
conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with
the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the child in conflict with
the law does not qualify for diversion: (b) when the child, his/her parents or guardian does not
agree to diversion as specified in Sections 27 and 28; and (c) when considering the assessment
and recommendation of the social worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the
Public Attorney's Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the
child shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her
case.

J.D./2016
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be
released on bail or recognizance as provided for under Sections 34 and 35 under this Act. In all
other cases and whenever possible, detention pending trial may be replaced by alternative
measures, such as close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention
homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the
city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be
committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court. The center
or agency concerned shall be responsible for the child's appearance in court whenever required.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is charged is imprisonment of not more than
twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before
arraignment of the child in conflict with the law, the court shall determine whether or not
diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen
(18) years of age at the time of the commission of the offense is found guilty of the offense
charged, the court shall determine and ascertain any civil liability which may have resulted from
the offense committed. However, instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her
guilt.
Upon suspension of sentence and after considering the various chcumstances of the child,
the court shall impose the appropriate disposition measures as provided in the Supreme Court
Rule on Juveniles in Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation
of the social worker who has custody of the child, the court shall dismiss the case against the
child whose sentence has been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that
the objective of the disposition measures imposed upon the child in conflict with the law have
not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall
be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance with
this Act, to order execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be
credited in the services of his/her sentence with the full time spent in actual commitment and
detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall
have convicted and sentenced a child in conflict with the law, and upon application at any time,
place the child on probation in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known
as the "Probation Law of 1976", is hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

J.D./2016
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the case
shall be considered privileged and confidential. The public shall be excluded during the
proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose whatsoever, except to determine if
the child in conflict with the law may have his/hes sentence suspended or if he/she may be
granted probation under the Probation Law, or to enforce the civil liability imposed in the
criminal action.
The component authorities shall undertake all measures to protect this confidentiality of
proceedings, including non-disclosure of records to the media, maintaining a separate police
blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to the child's identity. Records of a child in conflict
with the law shall not be used in subsequent proceedings for cases involving the same offender
as an adult, except when beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact related thereto in response to any
inquiry made to him/her for any purpose.
TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation
and reintegration of children in conflict with the law is to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with the end
goal of reintegration to their families and as productive members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or
training facility without a valid order issued by the court after a hearing for the purpose. The
details of this order shall be immediately entered in a register exclusively for children in conflict
with the law. No child shall be admitted in any facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it
shall be mandatory that children shall be separated from adults unless they are members of the
same family. Under no other circumstance shall a child in conflict with the law be placed in the
same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law shall provide
a home environment where children in conflict with the law can be provided with quality
counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an
institution shall be given special attention as to their personal needs and problems. They shall be
handled by female doctors, correction officers and social workers, and shall be accommodated
separately from male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training
facilities shall handle children in conflict with the law without having undergone gender
sensitivity training.
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an
amount to build youth detention homes as mandated by the Family Courts Act. Youth detention
homes may also be established by private and NGOs licensed and accredited by the DSWD, in
consultation with the JJWC.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses
for the care and maintenance of a child in conflict with the law under institutional care shall be
borne by his/her parents or those persons liable to support him/her: Provided, That in case his/her
parents or those persons liable to support him/her cannot pay all or part of said expenses, the
municipality where the offense was committed shall pay one-third (1/3) of said expenses or part
thereof; the province to which the municipality belongs shall pay one-third (1/3) and the
remaining one-third (1/3) shall be borne by the national government. Chartered cities shall pay
two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of
the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to
the settlement of said obligations: Provided, further, That in the event that the child in conflict

J.D./2016
with the law is not a resident of the municipality/city where the offense was committed, the
court, upon its determination, may require the city/municipality where the child in conflict with
the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate establishment of
local detention homes for children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other
Training Facilities. - A child in conflict with the law may, after conviction and upon order of the
court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in
an agricultural camp and other training facilities that may be established, maintained, supervised
and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict
with the law, whose sentences are suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the rehabilitation and welfare of the child as
provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law,
he/she shall be released to parents, guardians, relatives or any other responsible person in the
community. Under the supervision and guidance of the local social welfare and development
officer, and in coordination with his/her parents/guardian, the child in conflict with the law shall
participate in community-based programs, which shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Home life services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to
actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by
the local social welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II,
Title V, the programs enumerated above shall be made available to the child in conflict with the
law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide
24-hour group care, treatment and rehabilitation services under the guidance of a trained staff
where residents are cared for under a structured therapeutic environment with the end view of
reintegrating them in their families and communities as socially functioning individuals. A
quarterly report shall be submitted by the center to the proper court on the progress of the
children in conflict with the law. Based on the progress of the youth in the center, a final report
will be forwarded to the court for final disposition of the case. The DSWD shall establish youth
rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-
based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with
the law in case he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians
to maintain the support system fostered by their relationship and to create greater awareness of
their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law
and encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing
jail detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish
community-based programs that will focus on the rehabilitation and reintegration of the child.

J.D./2016
All programs shall meet the criteria to be established by the JJWC which shall take into account
the purpose of the program, the need for the consent of the child and his/her parents or legal
guardians, and the participation of the child-centered agencies whether public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children
in conflict with the law whose cases have been dismissed by the proper court because of good
behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth
rehabilitation center shall be provided after-care services by the local social welfare and
development officer for a period of at least six (6) months. The service includes counseling and
other community-based services designed to facilitate social reintegration, prevent re-offending
and make the children productive members of the community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense and shall not be punished if committed
by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of
age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing
of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the
United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the
Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death
penalty shall be imposed upon children in conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the
proceedings beginning from the initial contact with the child, the competent authorities must
refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other derogatory names. Likewise, no discriminatory
remarks and practices shall be allowed particularly with respect to the child's class or ethnic
origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral
and physical health and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving
the heads, pouring irritating, corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the community wearing signs which
embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any
and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. -
Any person who violates any provision of this Act or any rule or regulation promulgated in
accordance thereof shall, upon conviction for each act or omission, be punished by a fine of not
less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10)
years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is

J.D./2016
provided for in the Revised Penal Code or special laws. If the offender is a public officer or
employee, he/she shall, in addition to such fine and/or imprisonment, be held administratively
liable and shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation
of this Act shall be charged to the Office of the President. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the succeeding
General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up
the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon
effectivity of this Act, cases of children fifteen (15) years old and below at the time of the
commission of the crime shall immediately be dismissed and the child shall be referred to the
appropriate local social welfare and development officer. Such officer, upon thorough
assessment of the child, shall determine whether to release the child to the custody of his/her
parents, or refer the child to prevention programs as provided under this Act. Those with
suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall
likewise be released, unless it is contrary to the best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the
Family Court shall also determine whether or not continued detention is necessary and, if not,
determine appropriate alternatives for detention.
If detention is necessary and he/she is detained with adults, the court shall immediately order the
transfer of the child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. -
The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety
(90) days from the effectivity of this Act, an inventory of all children in conflict with the law
under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and
Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and
court proceedings, the appropriate diversion authority in consultation with the local social
welfare and development officer or the Family Court in consultation with the Social Services and
Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine the
appropriate disposition. In case the appropriate court executes the judgment of conviction, and
unless the child in conflict the law has already availed of probation under Presidential Decree
No. 603 or other similar laws, the child may apply for probation if qualified under the provisions
of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who
have been convicted and are serving sentence at the time of the effectivity of this Act, and who
were below the age of eighteen (18) years at the time the commission of the offense for which
they were convicted and are serving sentence, shall likewise benefit from the retroactive
application of this Act. They shall be entitled to appropriate dispositions provided under this Act
and their sentences shall be adjusted accordingly. They shall be immediately released if they are
so qualified under this Act or other applicable law.
TITLE IX
FINAL PROVISIONS
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation
of the provisions of this act within ninety (90) days from the effectivity thereof.
SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid by the Supreme Court, the other sections or provisions
hereof not afected by such declaration shall remain in force and effect.
SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

J.D./2016
SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its
publication in at least two (2) national newspapers of general circulation.
REFERENCES :
Books :
 Juan L. Agas and Ricardo M. Guevara (2008), Criminology Glossary, Quezon City,
Philippines: Wiseman’s Books Trading, Inc.
 Oscar Gatchalian Soriano (2010), Juvenile Delinquency and Crime Prevention with
Appendices on Related Laws and Issuances, Quezon City, Philippines: Great Books
Publishing
 Ricardo M. Guevara and Felipe S. Bautista (2008), Juvenile Delinquency and Crime
Prevention (Criminal Sociology IV), Quezon City, Philippines: Wiseman’s Books
Trading, Inc.
Special Laws:
 PD 603 : “The Child and Youth Welfare Code”

 RA 7610: “An Act Providing for Stronger Deterrence Against Child Abuse, Exploitation
and Discrimination”
 RA 9262 : “Violence Against Women and their Children Act” – VAWC Law
 RA 9344: “The Juvenile Justice and Welfare Act of 2006”

J.D./2016

ETHICS AND VALUES
Culled by: Charlemagne James P. Ramos R.C.,
J.D.
CRIMINOLOGICAL
RESEARCH AND STATISTICS
1 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos

R.C., J.D./2016
REVIEW NOTES ON CRIMINOLOGICAL RESEARCH

AND STATISTICS
RATIONALE: Analysis of crimes and criminal behavior needs scientific basis. Following
scientific methodology in gathering facts about crimes and criminal behavior and consequently
analyzing them assures objectivity and impartiality of those involved in solving crimes. This
review course will refresh the criminology students who will take the board examination on the
basic principles and methods of conducting research, technical writing, and basic statistics which
he or she can apply in the practice of his or her profession.
OBJECTIVES: At the end of the session, the reviewees should be able to:
1. Identify and apply the concepts of criminological research.
2. Determine the types and methods of research.
3. Know the approaches in analyzing and interpreting crime statistics.
A. NATURE AND SCOPE OF CRIMINOLOGY RESEARCH

Division of Science
(a) Physical Sciences
(b) Biological Sciences
(c) Social Sciences
 History
 Ethics
 Ethnography
 Economics
 Political Science
 Criminology
Meaning and Nature of Research

 The word “research” is composed of two syllables, re and search. Dictionary
define the former syllable as a prefix meaning again, anew, or over again,
and the latter as a verb meaning to examine closely and carefully.
 There are two basic complementary research approaches --- quantitative and
qualitative.
 There are two main goals of social (criminological) research – pure (to
develop theory and expand the knowledge base) and applied (to develop
solutions for problems and relevant application for criminological practice).
 There are three possible reasons for conducting criminological research –
exploration (conducted when there is a little prior knowledge); description
(yield to additional information only when some knowledge has been
obtained) and ; explanation (when substantial knowledge is available, it
attempts to explain the facts already gathered).
 Research is simply a systematic, controlled, empirical and critical
investigation or refined technique of thinking, employing specialized tools,
instruments, and procedures in order to obtain a more adequate solution of
a problem than would possible under ordinary means.
 Research process starts with (a) Identifying the problem (SMART), (b)
Formulation of hypothesis, (c) collects data or facts, (d) analyzes these
critically, and (e) reaches decisions based on actual evidence.
 Research involves original work (literature, studies, readings) instead of a
mere exercise of opinion.
 Research evolves from a genuine desire to know (probe) rather than a desire
to prove something.

R.C., J.D./2016
Ethical Considerations in Research

 Veracity/Accurate Analysis and Reporting (obligation to tell the truth, not
to lie or deceive others)
 Privacy (obligation to maintain the state or condition of limited access to
a person)
 Anonymity and Confidentiality (obligation not to divulge information
discovered without the permission of the subject)
 Fidelity (obligation to remain faithful to one’s commitments, which
includes keeping promises and maintaining confidentiality)
 Informed consent (seeking permission to the person/guardian)
 No Harm (obligation not to inflict harm/endanger either physical or
psychological or socially)
 Voluntary Participation
 Avoiding Deception ( reveal real purpose of the research)
B. RESEARCH METHODS
Methods in Criminological Research

1. Descriptive method (to describe systematically a situation or area of interest
factually and accurately)
2. Historical method (to reconstruct the past objectively and accurately, often
in relation to the tenability of a hypothesis)
3. Case and Field method (to study intensively the background, current status,
and environmental interactions of a given social unit)
4. Correlational method (to investigate the extent to which variations in one
factor correlate with variations in one or more other factors based on
correlation coefficient)
5. Causal-comparative or “Ex post facto” method (to investigate possible cause-
and- effect relationships by observing some existing consequences and
looking back through the data for plausible causal factors)
6. Experimental method (to investigate possible cause-and-effect relationship
between two or more treatment conditions and comparing the results to a
control group(s) not receiving the treatment; “What will happen”)
Types of Criminological Research

1. Action Research (to develop new skills or new approaches and to solve
problems with direct application to the workplace or other applied setting)
2. Survey (descriptive) Research (to know of interest “what is”; typically
employs questionnaires and interviews to determine attitudes, opinions,
preferences, and perceptions of interest to the researcher)
 Close-ended Questionnaire (pre-categorized by the researcher’s
words)
 Open-ended Questionnaire (in respondent’s words)
3. Observational Research (collecting direct information about human behavior)
4. Historical Research (investigating documents and other sources that contains
facts that existed in the past; “What was”)
5. Evaluation Research (to study processes and procedures for the
improvement of a system)
Types of Criminological Research According to Purpose

1. Exploration (to develop an initial, rough understanding of a phenomenon)

R.C., J.D./2016
 Methods: literature reviews, interviews, case studies, key informants

2. Description (precise measurement and reporting of the characteristics of the
population or phenomenon)
 Methods: census, surveys, qualitative studies
3. Explanation (why “Is x the case?” or “Is x the relationship?”)
 Methods: experimental
 Variables are the conditions or characteristics that the researcher

manipulates, controls, or observes. (Independent Variable, Dependent
Variable, Moderator Variable)
 Hypothesis (“wise guess”) Null hypothesis; alternative hypothesis

(operational hypothesis)
Sources of information
1. Related Literature (books, magazine)
2. Related Reading (legal documents, memos)
3. Related Studies (journals, thesis, dissertation)
4. Key informants
5. Artifacts
6. Other material evidences
C. WRITING THE RESEARCH REPORT
 APA format makes use of parenthetical citation (old format use latin
citations – ibid; op. cit ; or loc cit and endnotes or footnotes)
PARTS OF A RESEARCH PAPER (THESIS)

A. Preliminary Pages
 Cover page
 Approval Sheet
 Abstract
 Table of Contents
 List of Tables
Chapter 1 Introduction
 Background of the Study (includes significance of the
study)
 Conceptual framework
 The Problem and hypotheses)
Chapter 2 Method and Procedures
 Research design
 Population (includes scope and delimitation of the study)
 Data-gathering procedures
 Data gathering tools (includes the description of the
research instruments, Validity and Reliability of the
instruments)
 Statistical tools
Chapter 3 Interpretation and Analysis of Findings
 Presentation of data
 Analysis and Interpretation
 Drawing implications out of the research findings
 Corroboration from related sources of information

R.C., J.D./2016
Chapter 4 Conclusions and Recommendations

B. Appendices (References, forms/tools. Curriculum Vitae)
D. STATISTICS
Sampling refers to the method of choosing subjects in a particular study.
 There are two basic approaches to sampling: Probability (systematic;

randomized) and Non probability sampling)
1. Probability sampling (simple random, stratified random, cluster,

systematic-intervals)
2. Nonprobability (convenience, quota, purposive or judgmental, snow-ball)
Levels of Measurement (a process that employs rules to assign numbers to

phenomena)
 Nominal (observations are categorized or sorted based on defined

properties; each category is distinct, mutually exclusive, and exhaustive.
Ex. Gender, Religious Affiliation, College major, hair color, birthplace,
nationality, tribe)
 Ordinal (scores or observations are ranked in order without distance
between individuals. Ex. Age group when ranked, Socio-Economic-Status,
Level of Conflict)
 Interval (with equal intervals between numbers where there is no
absolute absence of the attribute because zero is assigned and
represents an arbitrary point. Ex. Temperature, IQ score)
 Ratio (this is in contrast to interval where there exist an absolute absence
of the attribute or rational zero. Ex. Age, height, weight, length of time)
Common Statistical Tools
 For sample size, Slovin’s ; Parten’s Formula

 For reliability test, split-half method; Spearman-brown prophesy.
Cronbach’s coefficient alpha
 For the test of validity: standardized tool; pass through the panel of
experts; used in other studies.
Sources of Measurement Errors
 Environmental factors
 Researcher factors
 Instrumentation factors
 Subject factors
Two categories of Quantitative Data Analysis
 Descriptive Statistics. These Statistical methods which summarize,
organize, and describe data, providing an organized visual presentation of
the data collected. Ex. Measures of central tendencies (Mean, median
mode) and measures of variability (range, interquartile range, variance,
semi-quartile range, and standard deviation)
 Inferential Statistics. These are statistical techniques used to estimate or

predict a population parameter from a sample statistic.

R.C., J.D./2016

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CSC-Antipolo City Pride/What Criminologist Knows?

What Criminologist Knows?

1 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

What Criminologist Knows?

2 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

3 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

INTRODUCTION AND HISTORICAL SETTING

a. Sociology – (Sociological Criminology) – the study of crime focused on the group of

Scope and Divisions of the Study of Criminology

4 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

PRINCIPAL DIVISION OF CRIMINOLOGY

Importance of Studying Criminology

Purposes of Studying Criminology

Other Divisions of the Study of Criminology

OBJECT OF INTEREST IN CRIMINOLOGY

Crime may be defined as:

Criminological Classification of Crime:

6 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

LEGAL CLASSIFICATION OF CRIMES OR FELONIES

A. As to the manner crimes are committed:

Legal Classification of Crimes

WHEN DOES CRIME EXIST

7 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

Between Crime and Sin:

Between Crime and Immorality

DISTINCTION BETWEEN CRIMINAL AND DELINQUENT

8 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

HISTORICAL SETTING OF CRIMINOLOGY

A timeline is hereby presented below for a better portrayal:

10 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

PROMINENT PERSONS WHO GIVE IMPORTANCE IN THE STUDY OF

3. CESARE LOMBROSO – influenced by Charles R. Darwin‘s theory of evolution, Lombroso

13 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

THE THEORIES OF CRIME

THE EARLY BEGINNINGS

1. CESARE LOMBROSO – ( 1830- 1909) Father of MODERN CRIMINOLOGY.

CLASSIFICATIONS OF CRIMINALS BY LOMBROSO:

a. BORN CRIMINAL – characterized by anomalies which were explained by ATAVISM (

2. ENRICO FERRI – pupil of Lombroso

Types of Criminals By Garofalo

FUNDAMENTAL STUDY OF CRIMINAL LAW

CHARACTERISTICS OF CRIMINAL LAW

TWO IMPORTANT THEORY IN CRIMINAL LAW

1. THE CLASSICAL THEORY

2. THE POSITIVIST THEORY

POSITIVIST OR ITALIAN – causes of crime not on the HUMAN- FREEWILL.

OTHER THEORIES AS TO THE ORIGIN OF CRIMINAL LAW

TWO (2) persons involves in CLASSICAL SCHOOL

1. JEREMY BENTHAM-(1748- 1832) – He proposes the codification of ―Criminal

2. CESARE BECARRIA- ( 1789) Italian Mathematician, published the first work

STUDY OF FELONIES AND CRIMES

TWO BASIC THEORIES OF CRIME:

What is the so-called Triad of Crime?

What are the ways of combating a crime?

What is Crime Prevention?

What are the So-Called Social and Situational Prevention Measures?

What are the levels of Crime Prevention?

Criminological Schools and Causation of Crimes:

19 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,

Present Theories of Crimes:

Factors Affecting Development and Existence of Criminality:

II. Sheldon’s Study:

20 | P a g e CRIMINAL SOCIOLOGY WITH ETHICS AND VALUES/Charlemagne James P. Ramos R.C.,