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RKMFILES CENTER FOR COMPREHENSIVE STUDIES

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REVIEW
REVIEW NOTES
NOTES IN
IN
CRIMINAL
CRIMINALSOCIOLOGY,
SOCIOLOGY,ETHICS
ETHICS&&
HUMAN
HUMANRELATIONS
RELATIONS
INTRODUCTION
INTRODUCTIONTO
TOCRIMINOLOGY
CRIMINOLOGY
HUMAN
HUMANBEHAVIOR
BEHAVIOR&&CRISIS
CRISISMANAGEMENT
MANAGEMENT
STUDY
STUDYON
ONJUVENILE
JUVENILEDELINQUENCY
DELINQUENCY
CRIMINOLOGICAL
CRIMINOLOGICAL(POLICE)
(POLICE)ETHICS
ETHICS
CRIMINAL
CRIMINALJUSTICE
JUSTICESYSTEM
SYSTEM

COMPILED BY:

LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO

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INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY defined

Criminology is a body of knowledge regarding delinquency and crime as a social phenomenon


(Tradio, 1999). It may also refer to the study of crimes and criminals and the attempt of analyzing scientifically
their causes and control and the treatment of criminals.

Criminology is a multidisciplinary study of crimes (Bartol, 1995). This means that many disciplines are
involved in the collection of knowledge about criminal action, including, psychology, sociology, anthropology,
biology, neurology, political science and economics. But over the years, sociology, psychology, and psychiatry
have dominated the study of crime.

Sub-Fields of Criminology

Sociological Criminology – the study of crime focused on the group of people and society as a
whole. It is primarily based on the examination of the relationship of demographic and group variables to
crime. Variables such as socioeconomic status, interpersonal relationships, age, race, gender, and cultural
groups of people are probed in relation to the environmental factors that are most conducive to criminal
action, such as time, place, and circumstances surrounding the crime.

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

Psychiatric Criminology – the science that deals with the study of crime through forensic psychiatry,
the study of criminal behavior in terms of motives and drives that strongly relies on the individual.
(Psychoanalytic Theory - Sigmund Freud – traditional view). It also explains that criminals are acting out of
uncontrollable animalistic, unconscious, or biological urges (modern view).

Scope of the Study of Criminology

1. Criminal Behavior or Criminal Etiology - the scientific analysis of the causes of crime;
2. Sociology of Law - the study of law and its application;
3. Penology 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.

Nature of Criminology

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

1. An Applied Science – Anthropology, psychology, sociology and other natural sciences may be applied
in the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. maybe
utilized in crime detection.
2. A Social Science – Inasmuch as crime is a societal creation and that it exists in a society, its study
must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the progress of criminology
is concordant with the advancement of other sciences that have been applied to it.
4. Nationalistic – The study of crime must always be in relation with the existing criminal law with in the
territory.

OBJECT OF INTEREST IN CRIMINOLOGY

CRIME

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.
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Crime may be defined as:

 An act or omission in violation of a criminal law in its legal point of view.


 An anti-social act; an act that is injurious, detrimental or harmful to the norms of society; they are the
unacceptable acts in its social definition.
 Psychologically, crime is an act, which is considered undesirable due to behavioral maladjustment of
the offender; acts that are caused by maladaptive or abnormal behaviors.

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 ( a special law is a statute enacted
by Congress, penal in character, which is not an amendment to the Revised Penal Code) such as
Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules
and Regulations ( Reyes, 1960)
 Felony – is an act or mission that is punishable by the Revised Penal Code, the criminal law in the
Philippines (Reyes, 1960).
 Delinquency/Misdemeanor – acts that are in violation of simple rules and regulations usually
referring to acts committed by minor offenders.

Criminological Classification of Crime

Crimes are classified in order to focus a better understanding on their existence. Criminologists
consider the following as criminological classification of crimes (Criminology Reviewer, 1996).

 Acquisitive and Extinctive Crimes - Acquisitive Crime is one which when committed, the
offender acquires something as a consequence of his criminal act. The crime is extinctive when the
result of criminal act is destruction.
 Seasonal and Situational Crimes - Seasonal crimes are those that are committed only at certain
period of the year while situational crimes are those that are committed only when given a situation
conducive to its commission.
 Episodic and Instant Crimes - Episodic crimes are serial crimes; they are committed by series of act
within a lengthy space of time. Instant crimes are those that are committed the shortest possible time.
 Static and Continuing Crimes - Static crimes are crimes that are committed only in one place.
Continuing crime are crimes that are committed in several places.
 Rational and Irrational Crimes - Rational crimes are those committed with intent; offender is in full
possession of his mental faculties /capabilities while Irrational crimes are committed without intent;
offender does not know the nature of his act.
 White Collar and Blue Collar Crimes - White Collar Crimes are those committed by a person of
responsibility and of upper socio-economic class in the course of their occupational activities. Blue
Collar Crimes are those committed by ordinary professionals to maintain their livelihood.
 Upper World and Underworld Crimes - Upper World Crimes are those committed by individuals
belonging to the upper class of society. Under World Crime are committed by members of the lower or
under privilege class of society.
 Crimes by Imitation and Crimes by Passion - Crimes by Imitation are crimes committed by merely
duplication of what was done by others. Crimes by Passion are crimes committed because of the fit of
great emotions.

 Service Crimes - Service Crime refers to crimes committed through rendition of a service to satisfy
desire of another.

Legal Classification of Crimes

Under the law, crimes are classified as:

 Crimes against National Security and the Law of Nations -


Example – Treason, Espionage, Piracy
 Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of Domicile
 Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
 Crimes against Public Interest.

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Example – Forgery, Falsification, Fraud
 Crimes against Public Morals
Example – Gambling and betting, offences against decency and good customs like scandals,
obscenity, vagrancy, and prostitution
 Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
 Crimes against Person
Example – Murder, Rape, Physical Injuries
 Crimes against Properties
Example – Robbery, Theft
 Crimes against Personal Liberty and Security
Example – Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion
 Crimes against Chastity
Example – Concubinage, Adultery, Seduction, Abduction, Acts of Lasciviousness
 Crimes against Civil Status of Persons
Example – Bigamy and Other Illegal Marriages
 Crimes against Honor
Example – Libel, Oral Defamation
 Quasi-offenses or Criminal Negligence
Example – Imprudence and Negligence

THE CRIMINAL

On the basis of the definition of crime, a criminal may be defined in three ways:

 A person who committed a crime and has been convicted by a court of the violation of a criminal law.
(legal definition)
 A person who violated a social norm or one who did an anti-social act. (social definition)
 A person who violated rules of conduct due to behavioral maladjustment. (psychological definition)

Criminological Classification of Criminals

Based on Etiology

 Acute Criminal is one who violates a criminal law because of the impulse or fit of passion. They
commit passionate crimes.
 Chronic Criminal is one who commits crime acted in consonance of deliberated thinking. He plans
the crime ahead of time. They are the targeted offenders.

Based on Behavioral System

 Ordinary Criminal is considered the lowest form of criminal in a criminal career. He doesn’t stick to
crime as a profession but rather pushed to commit crimes due to great opportunity.
 Organized Criminal is one who associates himself with other criminals to earn a high degree of
organization to enable them to commit crimes easily without being detected by authorities. They
commit organized crimes.
 Professional Criminal is a person who is engaged in criminal activities with high degree of skill. He is
usually one who practices crime as a profession to maintain a living.

Based on Activities

 Professional Criminals are those who practice crime as a profession for a living. Criminal activity is
constant in order to earn skill and develop ability in their commission.
 Accidental Criminals are those who commit crimes when the situation is conducive to its
commission.
 Habitual Criminals are those who continue to commit crime because of deficiency of intelligence and
lack of self – control.

Based on Mental Attitudes

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 Active Criminals are those who commit crimes due to aggressiveness.
 Passive Inadequate Criminals are those who commit crimes because they are pushed to it by
reward or promise.
 Socialized Delinquents are criminals who are normal in behavior but defective in their socialization
process or development.

Based on Legal Classification

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

 Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the Revised Penal Code.

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 if
his criminal behavior.

VICTIMS OF CRIME

Victimology is simply the study of victims of crimes and contributory role, if any, in crime causation.
It is also the scientific process of gaining substantial amounts of knowledge on offender characteristics by
studying the nature of victims. (Schmalleger, 1997).

PENOLOGY (CORRECTION)

This is another object of interest of criminology that deals with punishment of criminal offenders.
Punishment is justified by deterrence, retribution, atonement, societal protection, and reformation of
criminals.

APPROACHES AND THEORIES OF CRIME

SUBJECTIVE APPROACHES - 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:

1. 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).
2. 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).
3. Biological Approach –the evaluation of genetic influences to criminal behavior. It is noted that
heredity is one force pushing the criminal to crime (Positivist).
4. Physiological Approach – the study on the nature of human being concerning his physical needs in
order to satisfy his ants. It explains that the deprivation of the physical body on the basic needs is an
important determiner of the commission if crime (Maslow).
5. 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).
6. Psychiatric Approach – the explanation of crime through diagnosis of mental diseases as a cause of
the criminal behavior (Positivist).
7. 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).

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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:

1. Geographic Approach – this approach considers topography, natural resources, geographical


location, and climate lead an individual to commit crime (Quetelet).
2. 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).
3. 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).
4. Socio – Cultural Approach – those that focus on institutions, economic, financial, education,
political, and religious influences to crime (Cohen).

THEORIES OF CRIME AND THE PIONEERS

PRE-CLASSICAL ERA

The Demonological Theory - Before the development of more scientific theories of criminal
behavior, one of the most popular explanations was Demonology (Hagan, 1990). According to this explanation
individuals were thought to be possessed by good or evil spirits, which caused good or evil behavior. The
theory maintains that criminal behavior was believed to be the result of evil spirits and demons something of
natural force that controls his/her behavior. Centuries ago, Guilt and innocence were established by a variety
of procedures that presumably called forth the supernatural allies of the accused. The accused were innocent
if they could survive an ordeal, or if miraculous signs appeared. They were guilty if they died at stake, or if
omens were associated with them (Bartol, 1995). Harsh punishments were also given.

PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)

In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in


bent, has traditionally been divided into three broad schools of thought about the causes of crime: the
classical, neo-classical and the positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name is Cesare Bonesara
Marchese de Beccaria together with Jeremy Bentham (1823) who proposed “Utilitarian Hedonism”, the
theory, which explains that a person always acts in such a way as to seek pleasure and avoid pain.

Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key ideas on the abolition of
torture as a legitimate means of extracting confessions. The Classical theory maintains that man is essentially
a moral creature with absolute free will to choose between good and evil therefore tress is placed upon the
criminal himself; that every man is responsible for his act. Freewill (Beccaria) – a philosophy advocating
punishment severe enough for people to choose, to avoid criminal acts. It includes the belief that a certain
criminal act warrants a certain punishment without any punishment without any variation. Hedonism
(Bentham) – the belief that people choose pleasure and avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or circumstances that made it impossible
to exercise freewill are reasons to exempt the accused from conviction. This school of thought maintains that
while the classical doctrine is correct in general, it should be modified in certain details, that children and
lunatics should not be regarded as criminals and free from punishment, it must take into account certain
mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or
calamity. That crime as a social and moral phenomenon which cannot be treated and checked by the
imposition of punishment but rather rehabilitation or the enforcement of individual measures. Cesare
Lombroso and his two students, Enrico Ferri and Rafaele Garofalo advocated this school.

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Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of criminology, was
criticized for his methodology and his attention to the biological characteristics of offenders, but his emphasis
on the need to study offenders scientifically earned him the “father of modern criminology. ” His major
contribution is the development of a scientific approach to the study of criminal behavior and to reform the
criminal law. He wrote the essay entitled “CRIME: Its Causes and Remedies” that contains his key ideas and
the classifications of criminals.

Classifications of Criminals by Lombroso

1. Born Criminals – there are born criminals according to Lombroso, the belief that being criminal
behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or psychological disorders. They
should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical stamina/self self control.
5. Occasional Criminal – are those who commit crime due to insignificant reasons that pushed them to do
at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His greatest contribution
was his attack on the classical doctrine of free will, which argued that criminals should be held morally
responsible for their crimes because they must have made a rational decision to commit the crime.

Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an Italian nobleman, magistrate,
senator, and professor of law. Like Lombroso and Ferri, he rejected the doctrine of free will and supported the
position that the only way to understand crime was to study it by scientific methods. Influenced on Lombroso’s
theory of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal behavior not
to physical features but to their psychological equivalents, which he called “moral anomalies”.

The Classical and Positivist School Compared

Classical School Positivist School

 Legal definition of crime  No to legal definition


 Punishment fit the crime  Punishment fit the
 Doctrine of free will criminal
 Death penalty allowed  Doctrine of
 No imperical research determinism
 Definite sentence  Abolition of death
penalty
 Inductive method
 Indeterminate sentence

EARLY TWENTIETH CENTURY THEORIES

1. David Emile Durkheim (French, 1858 - 1917) - He advocated the “Anomie Theory”, the theory
that focused on the sociological point of the positivist school, which explains that the absence of norms
in a society provides a setting conductive to crimes and other anti-social acts. According to him, the
explanation of human conduct lies not in the individual but in the group and the social organization.

2. Sigmund Freud (1856 - 1969) - Psychologists have considered a variety of possibilities to account
for individual differences – defective conscience, emotional immaturity, inadequate childhood
socialization, maternal deprivation, and poor moral development. The Freudian view on criminal
behavior was based on the use of Psychology in explaining an approach in understanding criminal
behavior – the foundation of the Psychoanalytical theory.

3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific method in explaining
criminality but he is a sociologist. He advocated the “Human Ecology Theory”. Human Ecology is the
study of the interrelationship of people and their environment. This theory maintains that crime is a
function of social change that occurs along with environmental change. It also maintains that the

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isolation, segregation, competition, conflict, social contract, interaction and social hierarchy of people
are the major influences of criminal behavior and crimes.

MIDDLE TWENTIETH CENTURY

1. Ernest Kretschmer (1888 – 1964) - The idea of somatotyping was originated from the work of a
German Psychiatrist, Ernest Kretschmer, who distinguished three principal types of physique as:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium to tall, strong, muscular, course bones
c. Pyknic – medium height, rounded figure, massive neck, broad face

Kretschmer related these body physique to various pychotic behavioral patterns: Pyknic to
manic depression, asthenics and athletics to schizophrenia.

2. William H. Sheldon (1898 – 1977) - Sheldon is an influenced of the Somatotype School of


Criminology, which related body built to behavior. He became popular of his own Somatotyping
Theory. His key ideas are concentrated on the principle of “Survival of the Fittest” as a behavioral
science. He combines the biological and psychological explanation to understand deviant behavior.
Sheldon’s “Somatotyping Theory” maintains the belief of inheritance as the primary determinants of
behavior and the physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft, roundness through out the regions
of the body. They have low specific gravity. Persons with typically relaxed and comfortable
disposition.
b. Mesomorphy – athletic type, predominance of muscle, bone and connective tissue, normally
heavy, hard and firm, sting and tough. They are the people who are routinely active and
aggressive, and they are the most likely to commit crimes.
c. Ectomorphy – thin physique, flat chest, delicacy through the body, slender, poorly muscled.
They tend to look more fatigue and withdrawn.

3. Edwin Sutherland (1883 - 1950) - Sutherland has been referred to as “the most important
criminologist of the twentieth century” because his explanation about crime and criminal behavior can
be seen as a corrected extension of social perspective. For this reason, he was considered as the
“Dean of Modern Criminology.” He said that crime is learned and not inherited.

He advocated the DAT – Differential Association Theory, which maintain that the society is
composed of different group organization, the societies consist of a group of people having criminalistic
tradition and anti-criminalistic tradition. And that criminal behavior is learned and not inherited. It is
learned through the process of communication, and learning process includes technique of committing
the crime, motive and attitude.

4. Walter Reckless (1899 - 1988) - The Containment Theory assumes that for every individual
there exists a containing external structure and a protective internal structure, both of which provide
defense, protection or insulation against crime or delinquency. According to Reckless, the outer
structure of an individual are the external pressures such as poverty, unemployment and blocked
opportunities while the inner containment refers to the person’s self control ensured by strong ego,
good self image, well developed conscience, high frustration tolerance and high sense of responsibility.
(Adler, 1995)

5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the proponents of the
Social Class Conflict and Capitalism Theory. Marx and Engel claim that the ruling class in a
capitalist society is responsible for the creation of criminal law and their ideological bases in the
interpretation and enforcement of the laws. All are reflected in the ruling class, thus crime and
delinquency are reflected on the demoralized surplus of population, which is made up of the
underprivileged usually the unemployed and underemployed. Willem Bonger, a Marxist-Socialist, on the
other hand, placed more emphasis on working bout crimes of economic gain. He believes that profit
-motive of capitalism generates an egoistic personality. Hence, crime is an inevitable outcome.

LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS

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1. Robert King Merton (1910) - Robert Merton is the premier sociologist of the modern days who,
after Durkheim, also related the crime problem to anomie. He advocated the Strain Theory, which
maintains that the failure of man to achieve a higher status of life caused them to commit crimes in
order for that status/goal to be attained. He argued that crime is a means to achieve goals and the
social structure is the root of the crime problem. Merton’s explanation to criminal behavior assumes
that people are law abiding but when under great pressure will result to crime.

2. Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency. Cohen claims that
the lower class cannot socialize effectively as the middle class in what is considered appropriate middle
class behavior. Thus, the lower class gathered together share their common problems, forming a
subculture that rejects middle class values. Cohen called this process as reaction formation. Much of
this behavior comes to be called delinquent behavior; the subculture is called a gang and the kids are
called delinquents. He put emphasis on the explanation of prevalence, origins, process and purposes as
factors to crime.

3. Gresham Sykes (1922) - He advocated the Neutralization Theory. It maintains that an individual
will obey or disobey societal rules depending upon his or her ability to rationalize whether he is
protected from hurt or destruction. People become law abiding if they feel they are benefited by it and
they violate it if these laws are not favorable to them.

4. Lloyd Ohlin (1928) - He advocated the DOT – Differential Opportunity Theory. This theory
explained that society leads the lower class to want things and society does things to people. He
claimed that there is differential opportunity, or access, to success goals by both legitimate and
illegitimate means depending on the specific location of the individual with in the social structure. Thus,
lower class groups are provided with greater opportunities for the acquisition of deviant acts.

5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are the advocates of
the Labeling Theory – the theory that explains about social reaction to behavior. The theory
maintains that the original cause of crime cannot be known, no behavior is intrinsically criminal,
behavior becomes criminal if it is labeled as such.

6. Earl Richard Quinney (1934) – He was a Marxist criminologist who advocated the Instrumentalist
Theory of capitalist rule. He argued that the state exist as a device for controlling the exploited class –
the class that labors for the benefit of the ruling class. He claims that upper classes create laws that
protect their interest and t the same time the unwanted behavior of all other members of society.
Quinney major contribution is that he proposed the shift in focus from looking for the causes of crime
from the individual to the examination of the Criminal Justice System for clues.

OTHER THEORISTS

1. Charles Darwin’s Theory (1809 - 1882) - In the theory of evolution, he claimed that humans, like
other animals, are parasite. Man is an organism having an animalistic behavior that is dependent on
other animals for survival. Thus, man kills and steal to live.

2. Charles Goring’s Theory (1870 - 1919) - The medical officer in prison in England who accepted
the Lombroso’s challenge that body physique is a determinant to behavior. Goring concluded that there
is no such thing a physical chemical type. He contradicted the Lombroso’s idea that criminality can be
seen through features alone. Nevertheless, Goring accepted that criminals are physically inferior to
normal individuals in the sense that criminals tend to be shorter and have less weight than non-
criminals.

3. Earnest Hooton’s Theory (1887 - 1954) - 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.” He also contended that criminals are originally inferior;
and that crime is the result of the impact of environment.

4. Adolphe Quetelet (1796 - 1874) - Quetelet was a Belgian Statistician who pioneered Cartography
and the Carthographical School of Criminology that placed emphasis on social statistics. He discovered,
basing on his research, that crimes against persons increased during summer and crimes against
property tends to increase during winter.

HISTORICAL TIMELINE OF THE THEORIES


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The history of criminology dates back from the works of criminological thinkers or theorists in
criminology. The origins of criminology are usually located in the late-eighteenth-century writings of those who
sought to reform criminal justice and penal systems that they perceived as cruel, inhumane, and arbitrary.
These old systems applied the law unequally, were subject to great corruption, and often used torture and the
death penalty indiscriminately.

THEORY MOTIVE
Demonology (5,000 BC-1692 AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Education (1642-present) Academic underachievement/bad teachers
Psychiatry (1795-present) Mental illness
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology (1690--) Free will/reason/hedonism
Positive School of Criminology (1840--) Determinism/beyond control of individual
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/consumerism
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors
Castration (1907-1947) Secretion of androgen from testes
Ecology (1927-present) Relation of person with environment
Transexualism (1937-1969) Trapped in body of wrong sex
Psychosurgery (1935-1959) Frontal lobe dysfunction/need lobotomy
Culture Conflict (1938-1980) Conflict of customs from “old” country
Differential Association (1939-present) Learning from bad companions
Anomie (1938-present) State of normlessness/goal-means gap
Differential Opportunity (1961-present) Absence of legitimate opportunities
Alienation (1938-1975) Frustration/feeling cut off from others
Identity (1942-1980) Hostile attitude/crisis/sense of sameness
Identification (1950-1955) Making heroes out of legendary criminals
Containment (1961-1971) Outer temptation/inner resistance balance
Prisonization (1940-1970) Customs and folkways of prison culture
Gang Formation (1927-present) Need for acceptance, status, belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Social Defense (1947-1971) Soft targets/absence of crime prevention
Guided Group Interaction (1958-1971) Absence of self-responsibility/discussion
Interpersonal Maturity (1965-1983) Unsocialized, subcultural responses
Sociometry (1958-1969) One’s place in group network system
Dysfunctional Families (1958-present) Members “feed off” other’s neurosis
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Control Theory (1961-present) Weak social bonds/natural predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Subcultures (1955-present) Criminal values as normal within group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Neutralization (1957-1990) Self-talk, excuses before behavior
Drift (1964-1984) Sense of limbo/living in two worlds

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Reference Groups (1953-1978) Imaginary support groups
Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies
Reality Therapy (1965-1975) Failure to face reality
Gestalt Therapy (1969-1975) Perception of small part of "big picture"
Transactional Analysis (1961-1974) No communication between inner parent-adult-child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamics (1955-1962) Lack of harmony with environment
Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system
Biofeedback (1974-1981) Involuntary reactions to stress
Biosocial Criminology (1977-1989) Environment triggers inherited "markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) Inarticulation of theory/praxis
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979-present) Critical turning/tipping points in life events
Feminism (1980-present) Patriarchial power structures
Low Self Control Theory (1993-present) Impulsiveness, Sensation-seeking
General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations

CRIMES OF THE MODERN WORLD

The crimes in the modern world represent the latest and the most dangerous manifestations of the
something-for-nothing-complex problems of society. This includes Organized Crimes, White-Collar Crimes,
Conventional Cries, Victimless Crimes and the so-called Transnational Crimes. The transnational character of
many crimes in this modern world, although not new, has not been fully recognized until recently. Crime was
traditionally viewed as a purely domestic law enforcement issue and, therefore, treated and addressed as an
exclusive concern of individual states. As such crimes, being a new threat to domestic and international
interest and security, has given recognition to be known as Transnational Crimes.

Transnational crime is an offense that has an international dimension and implies crossing at least
one national border before, during or after the fact. This include but not limited to illegal drug trafficking,
money laundering, terrorism, arm smuggling, piracy, kidnapping, trafficking in persons, and cyber crimes. Most
of these crimes falling under this category reflect connection with organized and white-collar criminals.

ORGANIZED CRIMES

An organized Crime is a criminal activity by an enduring structure or organization developed and


devoted primarily to the pursuit of profits through illegal means. It is sometimes referred to as the “MOB”,
“MAFIA”, “SYNDICATE” or the “COSA NOSTRA”, which are known as “the enemy with in”, “the 2nd
government“, “the 5th estate” or the “crime confederation.”

The term Cosa Nostra (literally means “one thing”) or mafia is use to signify organized crimes, and one
of the varieties names for either mob or syndicate. A strict code of conduct governs their behavior called the
“Omerta” – the mafia’s code of secrecy, and informal, unwritten code of organized crime, which demand
silence and loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever be the name, the
organization is known to be formal, with division of labor, with coordination of activities through rules and
codes and with allocation of task in order to achieve illegitimate goals. The organization seeks profit from
crimes and tries to prevent itself from threats, prosecution, and even punishment from legal authorities.

Criminal organizations keep illegal actions secret, and members communicate by word of mouth,
therefore police will never be able to trace phone calls or letters. Many organized crime operations have legal
fronts, such as licensed gambling, building construction, and trash hauling, or which operate in parallel with
and provide cover for drug trafficking, money laundering, prostitution, extortion, murder for hire, hijacking,
fraud, and insider trading. Other criminal operations engage in human trafficking, political corruption, black
marketeering, political violence, racist and religiously motivated violence, terrorism, abduction, prison break
and crimes against humanity.
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In order for a criminal organization to prosper, some degree of support is required from the society in
which it lives. Thus, it is often necessary to corrupt some of its respected members, most commonly achieved
through bribery, blackmail, and the establishment of symbiotic relationships with legitimate businesses.
Judicial and police officers and legislators are especially targeted for control by organized crime via bribes.

Globalization occurs in crime as much as it does in business. Criminal organizations easily cross
boundaries between countries. This is especially true of organized groups that engage in human trafficking.
The newest growth sectors for organized crime are identity theft and online extortion. These activities are
troubling because they discourage consumers from using the Internet for e-commerce. E-commerce was
supposed to level the playing ground between small and large businesses, but the growth of online organized
crime is leading to the opposite effect; large businesses are able to afford more bandwidth (to resist denial-of-
service attacks) and superior security. Furthermore, organized crime using the Internet is much harder to trace
down for the police (even though they increasingly deploy cybercops) since police forces and law enforcement
agencies in general operate on a national level while the Internet makes it even more simple for criminal
organizations to cross boundaries and even to operate completely remotely.

Organized Crime Families

Perhaps the best-known criminal organizations are the Sicilian and American Cosa Nostra, most
commonly known as the Mafia. The Neopolitan Camorra, the Calabrian 'Ndrangheta, and the Apulian
Sacra Corona Unita are similar Italian organized crime groups.

Other notable groups include the Colombian drug cartels, the Mexican drug cartels, The Irish Mob, the
Japanese Yakuza, the Chinese Triads, the Russian Mafia, the Mexican Mafia, the Indian Mafia, the Bulgarian
Mafia, the Chechen mafia, the Brazilian Comando Vermelho (CV) and Primeiro Comando da Capital (PCC), and
the Central American Mara Salvatrucha (MS-13). Prisoners may also be involved in criminal organizations.
Many terrorist groups, such as Hezbollah, Al Qaeda, the Provisional IRA and the Ulster Defence Association
also engage in criminal activity such as trafficking and money laundering as well as terrorism.

World leaders throughout history who have been accused of running their country like a criminal
organization include Adolf Hitler, Joseph Stalin, Mao Zedong, Augusto Pinochet, Idi Amin, Mobutu Sese Seko,
Nicolae Ceauşescu, Francisco Franco, Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio
Berlusconi, Alberto Fujimori (in league with his advisor Vladimiro Montesinos), Senior General Than Shwe of
Burma and various other dictators and military juntas. Corrupt political leaders may have links to existing
organized crime groups, either domestic or international, or else may simply exercise power in a manner that
duplicates the functioning and purpose of organized crime.

In the past criminal organizations have naturally limited themselves by their need to expand. This has
put them in competition with each other. This competition, often leading to violence, uses valuable resources
such as manpower (either killed or sent to prison), equipment and finances. The Irish Mob boss of the Winter
Hill Gang (in the 1980s) turned informant for the FBI. He used this position to eliminate competition and
consolidate power within the city of Boston which led to the imprisonment of several senior organized crime
figures including Gennaro "Jerry" Anguilo underboss of the Patriarca crime family. Infighting sometimes occurs
within an organization, such as the Castellamarese war of 1930-31 and the Irish Mob Wars of the 1960s and
70s.

Today criminal organizations are increasingly working together, realizing that it is better to work in
cooperation rather than in competition with each other. This has led to the rise of global criminal organizations
such as Mara Salvatrucha. The Sicilian Mafia in the U.S. have had links with organized crime groups in Italy
such as the Camorra, the 'Ndrangheta and the Sacra Corona Unita. The Sicilian Mafia has also been known to
work with the Irish Mob (John Gotti of the Gambino family and James Coonan of the Westies are known to
have worked together, with the westies operating as a contract hit squad for the Gambino family after they
helped Coonan come to power) , the Japanese Yakuza and the Russian Mafia.

How the Organized Crime Group Works?

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For the organization to work there must be:

1. An Enforcer – one who make arrangements for killing and injuring (physically, economically,
psychologically) the members or non-members.

2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates, and “sweet talks” into a
relationship with the police, public officials or any else who might help the members security and
maintain immunity from arrest, prosecution and punishment.

3. A Corruptee – a public official, usually not a member of the organization family, who can wield
influence on behalf of the organization’s interest.

Sources of Illegal Profit

The organization gains from goods and services that are of great demand by the society but are
prohibited by law. It includes but not limited to most victimless crimes such as illegal drugs, alcohol, gambling,
pornography, and including bank fraud, extortion or racketeering and others.

Characteristics of Organized Crimes

1. It is a conspiracy activity involving coordination of members.


2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crimes does not include terrorist dedicated to political change.

Generic Types of Organized Crimes

1. Political Graft – manned by political criminals (Political Graft), who use of force and violence of a means
to obtain profit or gain, and or achieving political aims or ambitions. An example of this is vote buying,
and the employment of private armies to control a certain political area.

2. The Mercenary/Predatory Organized Crime – crimes committed by groups for direct personal profit but
prey upon unwilling victims. Example: extortionist/racketeer

3. In – Group Oriented Organized Crime – groups manned by semi organized individual whose major
goals are for psychological gratification such as adolescent gangs. Example: Motorcycle Gangs

4. Syndicated Crime – the organization that participates in illicit activity in society by the use of force,
threat, or intimidation. The group with a formal structure – whose purpose is to provide elicit services,
which are in strong public demand through the use of secrecy on the part of the associates. There is
assurance of protection necessary for its operations through political corruption or avoidance of
prosecution.

Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in the organization. Professional
crimes refer to occupations or their incumbents, which possesses various traits including useful knowledge that
requires lengthy training, service orientation and code of ethics that permits occupations to attempt to obtain
autonomy and independence with high prestige and remuneration.

Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.


2. Careful planning, and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior, and mutual specialized
language.

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Criminological Types of Organized Crimes

1. Traditional Crime Syndicates.


2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime

Controlling Organized Crimes

Organized crimes can be controlled through: Law Enforcement Effort, Organization of Anti-Organized
Crime measures, Community Awareness and Cooperation

Philippine Center for Transnational Crime

In response to organized criminal activities, the Philippine government has instituted programs and
projects to address these threats to national and international interest and security. It has created the
Philippine Center on Transnational Crime (PCTC) (E.O. No.62 s1999) to establish a shared central database
among concerned agencies for information on criminals, methodologies, arrests, and convictions on
transnational crime in all its forms. Apart from this, the Center is mandated to discharge the following:

1. Supervise and control conduct of anti-transnational crime operations of all government agencies and
instrumentalities:
2. Establish a central database on national as well as international legislations and jurisprudence on
transnational crime, with the end in view of recommending measures to strengthen responses and
provide immediate intervention for the prevention, detection and apprehension of criminals operating
in the country;
3. Establish a center for strategic research on the structure and dynamics of transnational crime, predict
trends and analyze relationships of given factors for the formulation of strategies to combat the same;
4. Design programs and projects aimed at enhancing national capacity-building in combating
transnational crime, as well as supporting the related programs and projects of other ASEAN and
international centers; and
5. Explore and coordinate information exchanges and training with other government agencies, foreign
countries and international organizations involved in containing and eliminating transnational crime.

Executive Order No. 100 s1999

To further strengthen the operational, administrative and information support system of the PCTC, E.O.
No. 100 s1999 empowered the Center to exercise general supervision and control over the following:

1. Loop Center of the National Action Committee on Anti-Hijacking and Terrorism (NACAHT) whose
primary mission is to assist and support the NACAHT in integrating and orchestrating the efforts of all
law enforcement agencies against international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila which has been reconstituted to
serve as the national liaison office and main coordinating body for international police cooperation
against transnational crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of the Interior and Local
Government (DILG)

WHITE COLLAR CRIMES

Edwin Sutherland defined white-collar crime as criminal acts committed by a person of respectability
and high social status in the course of his or her occupation.

Forms of White Collar Crimes

1. Corporate crimes - the violation of a criminal statute either by a corporate entity or by its executives,
employees or agents, acting on behalf of and for the benefit of the corporation, partnership or other
business entity.
2. Environmental crimes - violation of criminal law which, although typically committed by businesses
or by business officials, may also be committed by other persons or organizational entities, and which
damage some protected or otherwise significant aspect of the natural environment.
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3. Occupational crimes - any act punishable by law, which is committed through opportunity created in
the course of an occupation that is legal.

 Organizational Occupational Crime - crimes committed for the benefit of the entire organization
in such instances only the organization or the employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through the exercise of their state-
based authority. Such crime is occupation specific, and can only be committed by person in
public office or by working for such persons.
 Professional Occupational Crime - crimes by professionals in their capacity as professionals. The
crimes of physicians, attorneys, psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as individuals which include income tax
evasion, theft of goods and services by employees, the filing of false expense report, and the
like.

Occupational crimes also refer to:

 White-collar crime (Sutherland)


 Avocational crime - committed by one who does not think for himself as criminal and whose major
source of income is something other than crime.
 Corporate crime - committed by corporate officials for their corporations and the offenses of the
corporation and the offenses of the corporation itself.
 Economic crime - illegal activity that principally involves deceit, misrepresentation, concealment,
manipulation, breach of trust and illegal circumvention.
 Organizational crime - illegal actions taken in accordance with operative organizational goals that
seriously harm employees or the general public.
 Upper-world crime - law-breaking acts, committed by those who, due to their positions in the structure,
have obtained specialized kinds of occupational slots essential for the commission of these offenses.

Types and Schemes of White Collar Crimes

1. Bank Fraud: To engage in an act or pattern of activity where the purpose is to defraud a bank of
funds.
2. Blackmail: A demand for money or other consideration under threat to do bodily harm, to injure
property, to accuse of a crime, or to expose secrets.
3. Bribery: When money, goods, services, information or anything else of value is offered with intent to
influence the actions, opinions, or decisions of the taker. You may be charged with bribery whether you
offer the bribe or accept it.
4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of a cellular phone or
service. This can be accomplished by either use of a stolen phone, or where an actor signs up for
service under false identification or where the actor clones a valid electronic serial number (ESN) by
using an ESN reader and reprograms another cellular phone with a valid ESN number.
5. Computer fraud: Where computer hackers steal information sources contained on computers such
as: bank information, credit cards, and proprietary information.
6. Counterfeiting: Occurs when someone copies or imitates an item without having been authorized to
do so and passes the copy off for the genuine or original item. Counterfeiting is most often associated
with money however can also be associated with designer clothing, handbags and watches.
7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods of value.
8. Currency Schemes: The practice of speculating on the future value of currencies.
9. Embezz1ement: When a person who has been entrusted with money or property appropriates it for
his or her own use and benefit.
10. Environmental Schemes: The over billing and fraudulent practices exercised by corporations which
purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from another by actual or threatened
force, fear, or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless instrument such as a check or counterfeit security
with the intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides services under the guise of
being licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside, confidential, or advance information to trade in shares
of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein one obtains proceeds from an
insurance company through deception.

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16. Investment Schemes: Where an unsuspecting victim is contacted by the actor who promises to
provide a large return on a small investment.
17. Kickback: Occurs when a person who sells an item pays back a portion of the purchase price to the
buyer.
18. Larceny/Theft: When a person wrongfully takes another person's money or property with the intent
to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from racketeering, drug transactions or
other embezzlement schemes so that it appears that its original source either cannot be traced or is
legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by brokers so that buyers can
purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place telephone calls to residences and
corporations where the actor requests a donation to an alleged charitable organization or where the
actor requests money up front or a credit card number up front, and does not use the donation for the
stated purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to obtain benefits (i.e. Public
Assistance, Food Stamps, or Medicaid) from the State or Federal Government.
25. Weights and Measures: The act of placing an item for sale at one price yet charges a higher price at
the time of sale or short weighing an item when the label reflects a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give him some type of advanced fee in return for a
future benefit. The future benefit never occurs and victim never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the newspaper stand cannot change
his one hundred dollar bill and asks the victim for change. Victim provides actor with the change, actor
returns to the store to get the one hundred dollar bill back, however, never returns to victim.
28. Auto Repair: Actor hangs out around an auto repair shop and approaches victims who leave after
getting estimates. Actor claims to do work off duty at a very low cost. Once actor has the car, inferior
work is completed and victim cannot get the return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport is developed with the bank.
Actor then deposits a series of bad checks but prior to their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons and redeem them to
manufacturers when in fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales person from a directory company like the
yellow pages or fraudulently sells advertising which the victim never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor advises victim that the curse must
be removed. Actor advises that she must meditate to the spirits and will require payment. Over a
period of time, victim pays fortune teller thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove the curse, the money must be
placed into a bag or box that the actor provides. The bag or box is switched. Actor advises victim to
perform certain rituals over the money and the curse will be removed. The bag or box cannot be
opened for a period of time when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with a very low estimate for a repair or
improvement. Inferior or incomplete work is performed. Once the repairs are completed, actor
intimidates the victim to pay a price much greater than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment such as tools at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the address of a prostitute. Actor #1
shows a large sum of money to the victim. Actor #2 arrives and tells Actor #1 where he can find the
prostitute but cautions on taking all the money as the prostitute might rob him. Actor #1 asks the
victim to hold the money for him. Actor #1 puts his money into a handkerchief with the victim’s
money. Actor #1 shows the victim how to hide the money under his arm, inside his shirt while
switching handkerchiefs. Victim takes the handkerchief and the parties split up, however, Actor #1
leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some type of retirement development
which does not exist.
38. Odometer Fraud: Unscrupulous used car salesman purchased used cars and turns back the
odometers. The used car is sold at a higher price due to its low mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1 and victim a "found"
package containing a large amount of cash. Actor #1 insists that the found money be divided equally
but only after each person puts up his own money to demonstrate good faith. All the money is put in
one package and the package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being operated by fraudulent bank officers.
Actor instructs victim to take money out of bank and place it into a good bank. After the money is
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withdrawn, the actor allegedly takes the money to the police station for safe keeping. The victim never
sees the money again.
41. Ponzi: An investment scheme where the actor solicits investors in a business venture, promising
extremely high financial returns or dividends in a very short period of time. The actor never invests the
money, however, does pay dividends. The dividends consist of the newest investors funds. The first
investors, pleased to receive dividends, encourage new investors to invest. This scheme falls apart
when the actor no longer has sufficient new investors to distribute dividends to the old investors or the
actor simply takes all the funds and leaves the area.
42. Pyramid: An investment fraud in which an individual is offered a distributorship or franchise to market
a particular product. The promoter of the pyramid represents that although marketing of the product
will result in profits, larger profits will be earned by the sale of franchises. For example, if a franchise
price is P10, 000.00, the seller receives P3, 500.00 for every franchise sold. Each new franchise
purchaser is presented with the same proposal so that each franchise owner is attempting to sell
franchises. Once the supply of potential investors is exhausted, the pyramid collapses. Many times,
there are no products involved in the franchise, simply just the exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money exchanges and in the end, is
short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or bottle caps. Actor #1 moves
the caps around and shows victim the cap with the pea under it. With the encouragement of another
player, also Actor #2, victim places larger and larger bets as to which cap contains the pea. The game
is ended by Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by wearing jumpsuits with name
tags. Actor approaches victim with story about a gas leak or electrical surge to gain entry to the home.
Valuables are taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an extremely low cost due to his
connections. Victim pays for the VCR or television only to discover that the box has been filled with
rocks.
47. West African Investment Scams: Actors target businesses and obtain business' bank account
information from which all funds are later withdrawn.

Dealing with White-Collar Crimes

Gary Green pointed out that professional criminals would probably continue to enjoy immunity from
prosecution. Hence, they are unlikely to be deterred by sanction or threat and are unlikely to be formally
disqualified by their professional organizations. They will there fore feel free and are free to continue or begin
their activities (Schmallenger, 1999). James W. Coleman suggests four areas of reform, which white-collar
crime might be effectively addressed:

1. Ethical Reforms - reform include such things as working to establish stronger and more persuasive
codes of business ethics. Courses in ethical businesses might be offered in universities, and
corporations could school their employees in right livelihood.

2. Enforcement Reforms - reform center on the belief that white-collar criminals must be severely
published, but also include such things as better funding for enforcement agencies dealing with white-
collar crime, and insulation of enforcement personnel from undue political violations.

3. Structural Reforms - involve basic changes in corporate structure to make white-collar crime more
difficult to commit such as selective nationalization of firms that have long records of criminal
violations.

4. Political Reforms - focus on eliminating campaign contributions from corporations and businesses, but
also include the level of fairness in determining government grants and contracts, the government
must serve as a police itself. This includes the enforcement of laws and the regulation of the activities
of elected officials and administrative personnel.

THE CONVENTIONAL CRIMES

Conventional crimes are those traditional, illegal behaviors that most people think of as crime. Most
crime is conventional crime. Non-conventional crime may be organized crime, white-collar crime, political

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crime, etc. Conventional crimes are groups of crimes categorized as violent crimes (index crimes) and property
crimes. It has been argued that cyber crime is just a conventional crime committed with high-tech devices.

Violent Crimes - Violent crimes are criminal acts, which in the threat of or actual physical harm by an
offender to a victim. It presents not only index offenses that every one recognizes as violent (murder, rape,
robbery) or other acts involving force and intimidation but also “violent crimes” that are commonly categorized
as “social problem” such as domestic violence, child abuse, elder abuse, etc.

Violent acts are in the forms of:

1. Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family Violence, Robbery
2. Political Violence - Terrorism
3. Collective Violence - Riots, Mobs, Crowds, Urban Violence

Property Crimes - are crimes of economic interest. It includes those crimes that would most
commonly be categorized as theft in ordinary language. It also includes but not limited to offenses such as
unlawful entry to commit theft, shoplifting, vandalism, and arson. Property crimes are also in the forms of:

1. Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle theft, Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry to commit theft, Fence, Larceny/Theft

Violent Crimes (Index Crimes)

Murder – is the unlawful killing of human being with malice and with the “act of violence”. Serial
Murder – an act involving killing of several victims in three or more separate incidents over a week, a month
or year. Mass Murder – it is the killing of four or more victims at one location with one event. Spree
Murder – the killing of in two or more locations with almost no time break between murders.

Homicide and Assault - Homicide is also unlawful killing with out the qualifying circumstances of
murder. It is generally regarded as the most commonly committed of all the index crimes (based on the UCR
offenses). Assault is called “unlawful attack” to another person purposely to harm or inflict physical
injuries. It is a crime that involves offering to give bodily harm to a person or placing the person in fear.

Robbery - INTERPOL defined robbery as “violent theft”. It is the taking of property belonging to
another with intent to gain by means of force upon things, violence of intimidation against the person. It could
be in the form of:

1. Robbery of person – “hold up cases”


2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and offender
5. Robbery in case of previous association between victim and offender.

Types of Robbers

1. The Professional Robber – robber who has long-term commitment to the crime of robbery as a major
source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little commitment to or
specialization in robbery and one who is all purpose property offender.
3. The Addict Robber – one who committed the crime of robbery to support the drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery occasionally in order to support
his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-professional robbers who are
sometimes called “strong armed robbers” – the street robbers who commit everything from snatching
to the brutalization of the victim.

Rape - is commonly defined as “carnal knowledge of a woman against her will”. Rape is the fastest
growing of all UCR index crime. It could be in the form of:

1. Real Rape – aggravated rape involving violence, weapons and attackers.


2. Simple Rape – anything else not fall as “real rape” such as: victims are viewed as suspicious,
particularly if the victim did not physically resist.

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Rape is a violent crime due to the means employed usually characterized by violence, aggression and
domination. It has the general effect of “Rape Trauma Syndrome” – refers to the adverse
psychological impacts rape victims continue to suffer long after the incident. It includes:

1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness

Classification of Men who Rape

1. Anger Rape – sexual attack becomes a means of expressing anger or rage and involves more physical
assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over the victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims in psychic desires to often
torture or otherwise abuse the victim.

Family Violence - Family violence are violent crimes involving physical assault by a family member to
another family members such as the following:

1. Child Abuse – an attack or assault of an adult against the defenseless or people who cannot defend
themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”

Types of Violent Offenders

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

Property Crimes (Non-Index Crimes)

Occasional Property Crimes - Occasional Property crimes are group of property crimes committed
by ordinary property criminals with little progressive knowledge on criminal techniques. Offenders injure or
steal property on an infrequent basis. They tend to commit crimes such as Auto theft of motor vehicle theft,
Shoplifting or good pilferage, Vandalism, Check Forgeries

Conventional Property Crimes - These are group of property crimes committed by professional
criminals on a persistent basis, which constitute form of career criminality. Conventional property crimes
include:

1. Burglary (Robbery) – unlawful entry of forcible entry in order to commit a felony of theft.
2. The Fence – dealers of stolen properties, the act of “buy and sale of stolen properties”
3. Larceny (theft) – simple taking of properties with intent to gain and without the consent of the owner.

Destructive Property Crime – includes Arson – unlawful burning of property on another such as:

1. Profit-motivated Arson – illustrated by insurance fraud


2. Revenge Arson – burning of properties due to hatred or spell jealousy
3. Vandalism Arson – fire is employed as a means of expressing vindictive vandalism toward the property
of a group of people or an individual.
4. Excitement Arson – those set by “pyromaniacs”
5. Sabotage Arson – fires during civil disturbances.

Cybercrime
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Although the term cybercrime is usually restricted to describing criminal activity in which the computer
or network is an essential part of the crime, this term is also used to include traditional crimes in which
computers or networks are used to enable the illicit activity.

Examples of cybercrime which the computer or network is a tool of the criminal activity include
spamming and criminal copyright crimes, particularly those facilitated through peer-to-peer networks.
Examples of cybercrime in which the computer or network is a target of criminal activity include unauthorized
access (i.e, defeating access controls), malicious code, and denial-of-service attacks. Examples of cybercrime
in which the computer or network is a place of criminal activity include theft of service (in particular, telecom
fraud) and certain financial frauds. Finally, examples of traditional crimes facilitated through the use of
computers or networks include Nigerian 419 or other gullibility or social engineering frauds (e.g., hacking
"phishing", identity theft, child pornography, online gambling, securities fraud, etc. Cyberstalking is an
example of a traditional crime- harassment - that has taken a new form when facilitated through computer
networks.

Additionally, certain other information crimes, including trade secret theft and industrial or economic
espionage are sometimes considered cybercrimes when computers or networks are involved. Cybercrime in
the context of national security may involve hacktivism (online activity intended to influence policy), traditional
espionage, or information warfare and related activities.

Another way to define cybercrime is simply as criminal activity involving the information technology
infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-
public transmissions of computer data to, from or within a computer system), data interference (unauthorized
damaging, deletion, deterioration, alteration or suppression of computer data), systems interference
(interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic
fraud.

THE VICTIMLESS CRIMES

In common understanding of what crime means is that the act implies that there is both perpetrator
and a victim of the wrongful behavior. With victimless crimes, this general rule does not apply. Victimless
crimes refer to those crimes in which no clear victim is readily identifiable. In other words, the only injured
party is the offender, who engages in self-destructive behavior. These crimes are also called moral offenses or
vice. Many of these crimes generally refer to Public Order Crimes – an offense that is consensual and lacks
a complaining participant. It is rare in these cases are victims who week prosecution.

Examples of Victimless Crimes

 Related to Sex Crimes (against Chastity): Adultery and, in general, sex outside marriage where all
those involved, including spouses, give consent. Adultery without the spouse's consent is arguably not
victimless, as it violates the spouse's marriage contract rights, but it is also arguable that the non-
consenting spouse is the victim of a civil wrong, not a criminal wrong; Bigamy and other non-traditional
marital and family practices; Prostitution, other sex work, and related acts. According to some people,
prostitutes are "victims" of economic circumstances; others point out that many strippers and ditch
diggers are "victims" of economic circumstances, and arguably so is anyone who performs a service
only for the money, but that doesn't mean stripping, ditch digging or performing any other services
solely for the money is or should be a crime; Incest between legal adults where offspring cannot result
from the sexual activity.

 Related to Religion: Practice of religions or cults or superstitions other than those locally sanctioned.
Practices involving banned substances (such as hallucinogens) or banned social arrangements (such as
polygamy); Blasphemy; Apostasy.

 Related to Financial Matters: Ticket scalping

 Related to Political Matters: In general, most specifically political crimes are necessarily victimless,
as they by definition are against the body politic such as Flag Desecration or expressing negative
opinion of prominent national figure (e.g. Turkey, North Korea); Public obscenity, though offense
(damage) to others is possible; Treason; High Crimes and Misdemeanors, and other abuses of Political

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power that do not involve specific persons; Electoral fraud, where such fraud does not involve the
votes of specific persons

 Related to Self-Preservation and Public Safety: Suicide; attempted suicide; euthanasia.

STUDY OF CRIMINAL BEHAVIOR

CRIMINAL PSYCHOLOGY

In general, psychology is the science of behavior and mental processes. This means that psychologists
use the methods of science to investigate all kinds of behavior and mental processes, from the activity of a
single nerve cell to the social conflict in a complex society (Bernstein, et al, 1991). In particular, criminal
Psychology is a sub-field of general psychology where criminal behavior is only, in part by which phenomena
psychologists choose to study. It may be defined as the study of criminal behavior, the study of criminal
conduct and activities in an attempt to discover recurrent patterns and to formulate rules about his behavior.

A major description of criminal psychology is the word behavior. Behavior refers to actions or activities
(Kahayon, 1985). To the criminologist, behavior is the observable actions because he is more interested in
actions and reactions that can be seen and verified than in concepts, which cannot be directly verified.

Classification of Behavior

1. Normal Behavior (adaptive or adjusted behavior) – the standard behavior, the totality
accepted behavior because they follow the standard norms of society. understanding criminal behavior
includes the idea of knowing what characterized a normal person from an abnormal one. A normal
person is characterized by: Efficient perception of reality, Self-knowledge, Ability to exercise voluntary
control over his behavior, Self-esteem and acceptance, Productivity, Ability to form affectionate
relationship with others.

2. Abnormal Behavior (maladaptive/maladjusted behavior) - A group of behaviors that are


deviant from social expectations because they go against the norms or standard behavior of society.

A maladaptive (abnormal) person may be understood by the following definitions:

Abnormal behavior according to deviation of statistical norms based in statistical


frequency: Many characteristics such as weight, height, an intelligence cover a range of values when,
measured over a population. For instance, a person who is extremely intelligent or extremely happy
would be classified as abnormal.
Abnormal behavior according to deviation from social norms: A behavior that deprives
from the accepted norms of society is considered abnormal. However, it is primarily dependent on the
existing norm of such society.
Behavior as maladaptive: Maladaptive behavior is the effect of a well being of the individual
and or the social group. That some kind of deviant behavior interferes with the welfare of the individual
such as a man who fears crowd can’t ride a bus. This means that a person cannot adopt himself with
the situation where in it is beneficial to him.
Abnormal behavior due to personal distress: This is abnormally in terms of the individual
subjective feelings of distress rather than the individual behavior. This includes mental illness, feeling
of miserably, depression, and loss of appetite or interest, suffering from insomnia and numerous aches
and pains.
Abnormality in its legal point: It declares that a person is insane largely on the basis of his
inability to judge between right and wrong or to exert control over his behavior (Bartol, 1995).

KINDS OF BEHAVIOR

1. Overt or Covert Behavior - Behaviors that are outwardly manifested or those that are
directly observable are overt behaviors. On the other hand, covert behavior are behaviors that are
hidden – not visible to the naked eye.
2. Conscious or Unconscious Behavior - Behavior is conscious when acts are with in the level
of awareness. It is unconscious when acts are embedded in one’s subconscious – unaware.

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3. Simple or Complex Behavior - These are acts categorized according to the number of
neurons involved in the process of behaving. Simple behavior involves less number of neurons while
complex behavior involved more number of neurons, a combination of simple behaviors.
4. Rational or Irrational Behavior - There is rational behavior when a person acted with sanity
or reason and there is irrational behavior when the person acted with no apparent reason or
explanation – as when a man loses his sanity and laugh out loud at nobody or nothing in particular.
5. Voluntary or Involuntary Behavior - Voluntary behavior is an act done with full volition or
will such as when we discriminate, decide or choose while involuntary behaviors refers the bodily
processes that foes on even when we are awake or asleep like respiration, circulation and digestion.

ASPECTS OF BEHAVIOR

1. Intellectual Aspect – this aspect of behavior pertains to our way of thinking, reasoning, solving,
problem, processing info and coping with the environment.
2. Emotional Aspect – this pertains to our feelings, moods, temper, and strong motivational force.
3. Social Aspect – this pertains to how we interact or relate with other people
4. Moral Aspect – this refers to our conscience and concept on what is good or bad.
5. Psychosexual Aspect - this pertains to our being a man or a woman and the expression of love
6. Political Aspect – this pertains to our ideology towards society/government
7. Value/Attitude – this pertains to our interest towards something, our likes and dislikes

THE CRIMINAL FORMULA

C=T+S
R
Where:

C – Crime/Criminal Behavior (the act)


T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control)

The formula shows that a person’s criminal tendency and his resistance to them may either result in
criminal act depending upon, which of them is stronger. This means that a crime or criminal behavior exist
when the person’s resistance is insufficient to withstands the pressure of his desire or intent and the
opportunity (Tradio, 1983).

In understanding this, the environment factors such as stress and strains are considered because they
contribute in mobilizing a person’s criminal tendency and the individual’s psychological state while resistance t
temptation arises from the emotional, intellectual and social upbringing and is either manifestation of a strong
or weak character.

DETERMINANTS OF BEHAVIOR

The answer to these questions requires the study and understanding of the influences of HEREDITY
and ENVIRONMENT. As cited by Tuason:

Heredity (Biological Factors) - This refers to the genetic influences, those that are explained by
heredity, the characteristics of a person acquired from birth transferred from one generation to another. It
explains that certain emotional aggression, our intelligence, ability and potentials and our physical appearance
are inherited. It is the primary basis of the idea concerning criminal behavior, the concept that “criminals are
born”. It also considers the influences of genetic defects and faulty genes, diseases, endocrine imbalances,
malnutrition and other physical deprivations that can be carried out from one generation to another.

Environmental Factors (Socio-Cultural Influences)

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Family Background – it is a basic consideration because it is in the family whereby an individual first
experiences how to relate and interact with another. The family is said to be the cradle of personality
development as a result of either a close or harmonious relationship or a pathogenic family structure: the
disturbed family, broken family, separated or maladjusted relations.

Pathogenic Family Structure – those families associated with high frequency of problems such as:

 The inadequate family – characterized by the inability to cope with the ordinary problems of family
living. It lacks the resources, physical of psychological, for meeting the demands of family satisfaction.
 The anti-social family – those that espouses unacceptable values as a result of the influence of
parents to their children.
 The discordant/disturbed family – characterized by non-satisfaction of one or both parent from the
relationship that may express feeling of frustration. This is usually due to value differences as common
sources of conflict and dissatisfaction.
 The disrupted family – characterized by incompleteness whether as a result of death, divorce,
separation or some other circumstances.

Childhood Trauma – the experiences, which affect the feeling of security of a child undergoing
developmental processes. The development processes are being blocked sometimes by parental deprivation as
a consequence of parents or lack of adequate maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.

In the environment, the following are also factors that are influential to one’s behavior:
1. Institutional Influences such as peer groups, mass media, church and school, government institutions,
NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group prejudice and discrimination, economic and
employment problems and other social changes.
3. Nutrition or the quality of food that a person intake is also a factor that influences man to commit
crime because poverty is one of the may reasons to criminal behavior.

OTHER DETERMINANTS OF BEHAVIOR

In order to further understand and provide answers on the question that why do some people behave
criminally, it is important to study the other determinants of behavior. These are needs, drives and motivation.

Needs and Drives - Need, according to a drive reduction theory, is a biological requirement for well
being of the individual. This need creates drives – a psychological state of arousal that prompts someone to
take action (Bernstein, et al, 1991). Drive therefore is an aroused state that results from some biological
needs. The aroused condition motivates the person to remedy the need. For example, If you have had no
water for some time, the chemical balance of the body fluids is disturbed, creating a biological need for water.
The psychological consequence of this need is a drive – thirst – that motivates you to find and drink water. In
other words, drives push people to satisfy needs.

Motivation - Motivation on the other hand refers to the influences that govern the initiation, direction,
intensity, and persistence of behavior (Bernstein, et al, 1991). Thus motivation refers to the causes and
“why’s” of behavior as required by a need. Motivation is the hypothetical concept that stands for the
underlying force impelling behavior and giving it s direction (Kahayon, 1975). Drives are states of comfortable
tension that spur activity until a goal is reached. Drive and motivation are covered in the world of psychology,
for they energize behavior and give direction to man’s action. For example, a motivated individual is engaged
in a more active, more vigorous, and more effective that unmotivated one, thus a hungry person directs him
to look for food.

Biological needs Motivational Systems

Food Hunger – the body needs adequate supply of


nutrients to function effectively. “An empty
stomach sometimes drives a person to
steal.”

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Water Thirst – just like food, the body needs water.
Sex A powerful motivator but unlike food and
water, sex is not vital for survival but
essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is essential
to the survival of the organism. Pain will
activate behavior to reduce discomfort.
Stimulus seeking Curiosity is most people and animal is
motivated to explore the environment even
when the activity satisfies no bodily needs.

Psychological Needs - are influenced primarily by the kind of society in which the individual is raised.
Psychological motives are those related to the individual happiness and well being, but not for he survival,
unlike the biological motives that focuses on basic needs – the primary motives.

Abraham Maslow has suggested that human needs form a hierarchy from the most basic biological
requirements to the needs for self-actualization – the highest of all needs The pyramidal presentation shows
that from the bottom to the top of the hierarchy, the levels of needs or motive according to Maslow, are:

1. Biological or Physiological Needs – these motives include the need for food, water, oxygen,
activity, and sleep.
2. Safety Needs – these pertains to the motives of being cared for and being secured such as in
income and place to live.
3. Love/Belongingness – Belongingness is integration into various kinds of social groups or social
organizations. Love needs means need for affection.
4. Cognitive Needs – our motivation for learning and exploration
5. Esteem Needs – our motivation for an honest, fundamental respect for a person as a useful and
honorable human being.
6. Aesthetic Needs - our motivation for beauty and order
7. Self- actualization – pertains to human total satisfaction, when people are motivated not so much
by unmet needs, as by the desire to become all they are capable of (self-realization).

According to the Maslow”s formulation, the levels that commands the individuals attention and effort is
ordinarily the lowest one on which there is an unmet need. For example, unless needs for food and safety are
reasonably well-met behavior will be dominated by these needs and higher motives are of little significant. With
their gratification, however, the individual is free to devote time and effort to meet higher level. In other words,
one level must at least be partially satisfied before those at the next level become determiners of action.

Frustration, Conflict and Anxiety

Frustration refers to the unpleasant feelings that result from the blocking of motive satisfaction. It is
a form of stress, which results in tension. It is a feeling that is experienced when something interferes with our
hopes, wishes, plans and expectations (Coleman, 1980). Conflict refers to the simultaneous arousal of two or
more incompatible motives resulting to unpleasant emotions. It is a source of frustration because it is a threat
to normal behavior (Berstein, et al, 1991).

Types of Conflicts

1. Double Approach Conflict – a person is motivated to engage in two desirable activities that cannot
be pursued simultaneously.
2. Double Avoidance Conflict – a person faces two undesirable situations in which the avoidance of
one is the exposure to the other resulting to an intense emotion.
3. Approach-Avoidance Conflict – a person faces situation having both a desirable and undesirable
feature. It is sometimes called “dilemma”, because some negative and some positive features must be
accepted regardless which course of action is chosen.
4. Multiple Approach-Avoidance Conflict – a situation in which a choice must be made between two
or more alternatives each has both positive and negative features. It is the most difficult to resolve
because the features of each portion are often difficult to compare.

Anxiety is an intangible feeling that seems to evade any effort to resolve it. It is also called neurotic
fear. It could be intense, it could be low and can be a motivating force (Coleman, 1980). Stress is the process

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of adjusting to or dealing with circumstances that disrupts, or threatens to disrupt a person’s physical or
psychological functioning (Bernstein, et al, 1991)

The Ego Defense Mechanisms

The defense mechanisms are the unconscious techniques used to prevent a person’s self image from
being damaged. When stress becomes quite strong, an individual strives to protect his self-esteem, avoiding
defeat. We all use ego defense mechanisms to protect us from anxiety and maintain our feeling of personal
worth. We consider them normal adjustive reactions when they are use to excess and threaten self-integrity
(Bernstein, et al, 1991). Example: Denial of Reality – protection of oneself from unpleasant reality by refusal
to perceive or face it. Simply by avoiding something that is unpleasant. Fantasy – the gratification of
frustration desires in imaginary achievement. Paying attention not to what is going on around him but rather
to what is taking place in his thoughts.

Perspective on the Causes of Criminal Behavior

1. Anxiety (Psychological Perspective) – stressful situations that when become extreme may result to
maladaptive behavior.
2. Faulty Learning (Behavior Perspective) – the failure to learn the necessary adaptive behavior due to
wrongful development. This usually result to delinquent behavior based on the failure to learn the
necessary social values and norms.
3. Blocked of Distorted Personal Growth (Humanistic Perspective) - presumably, human nature tends
towards cooperation and constructive activities, however, if we show aggression, cruelty or other
violent behavior, the result will be an unfavorable environment.
4. Unsatisfactory interpersonal relationship - self concept in early childhood by over critical parents
or by rigid socialization measures usually causes deviant behaviors among individuals because they are
not contented and even unhappy among individuals because they are not contented and even unhappy
to the kind of social dealings they are facing.
5. Pathological social conditions – poverty, social discrimination, and destructive violence always
results to deviant behavior.

PATTERNS OF CRIMINAL BEHAVIOR

NEUROTIC OR PSYCHONEUROTIC PATTERNS - are groups of mild functional personality disorders


in which there is no gross personality disorganization, the individual does not lose contact with reality, and
hospitalization is not required.

Anxiety Disorders - Anxiety disorders are commonly known as “neurotic fear”. When it is occasional
but intense, it is called “panic”. When it is mild but continuous, it is called “worry” which is usually
accompanied by physiological symptoms such as sustained muscular tension, increased blood pressure,
insomnia, etc. They are considered as the central feature of all neurotic patterns. These disorders are
characterized by mild depressions, fear and tensions, and mild stresses.

1. Obsessive-compulsive disorders - Obsessions usually centered on fear that one will submit to an
uncontrollable impulse to do something wrong. Compulsion on the other hand resulted from repetitive
acts (Wicks, 1974). An obsessive-compulsive disorder is characterized by the following: When an
individual is compelled to think about something that he do not want to think about or carry some
actions against his will, and the experience of persistent thoughts that we cannot seem to get out of
our minds such as thoughts about haunting situations.
2. Asthenic Disorders (Neurasthenia) - An anxiety disorder characterized by chronic mental and
physical fatigue and various aches and pains. Symptoms include spending too much sleep to avoid
fatigue but to no avail, even feel worse upon awake, headaches, indigestion, back pains, and dizziness.
3. Phobic Disorders - These refer to the persistent fear on some objects or situation that present no
actual danger to the person. Examples of Phobia: Acrophobia - fear of high places

Somatoform Disorders - Complaints of bodily symptoms that suggest the presence of physical
problem but no organic basis can be found. The individual is pre-occupied with his state of health or diseases.

1. Hypochondriasis - This refers to the excessive concern about state of health or physical
condition (multiplicity about illness)
2. Psychogenic Pain Disorder - It is characterized by the report of severe and lasting pain.
Either no physical basis is apparent reaction greatly in excess of what would be expected from the
physical abnormality.
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3. Conversion Disorders (Hysteria) - It is a neurotic pattern in which symptoms of some
physical malfunction or loss of control without any underlying organic abnormality.

Dissociative Disorders - A response to obvious stress characterized by amnesia, multiple personality,


and depersonalization.

1. Amnesia - The partial or total inability to recall or identify past experiences following a traumatic
incident. Brain pathology amnesia – total loss of memory and it cannot be retrieved by simple means.
It requires long period of medication. Psychogenic amnesia – failure to recall stored information and
still they are beneath the level of consciousness but “forgotten material.”
2. Multiple Personality - It is also called “dual personalities.” The reason manifests two or more
symptoms of personality usually dramatically different.
3. Depersonalization - The loss of sense of self or the so-called out of body experience. There is a
feeling of detachment from one’s mental processes or body or being in a dream state. Cases of
somnambulism (sleep walking) may fall under this disorder.

Mood Disorders (Affective Disorders) - often referred to as affective disorders however the critical
pathology in these disorders is one of mood which is the internal state of a person, and not of affect, the
external expression of emotional content (Manual of Mental Disorder).

1. Depressive Disorders (Major Depressive Disorder) – Patients with depressed mood have a
loss of energy and interest, feeling of guilt, difficulty in concentrating, loss of appetite, and thoughts of
death or suicide, they are not affected with manic episodes.
2. Dysthymic Disorder – a mild form of major depressive disorder
3. Bipolar Disorders - those experienced by patients with both manic and depressive episodes.
4. Cyclothymic Disorder – a less severe form of bipolar disorder

PSYCHOPATHIC PATTERNS - group of abnormal behaviors, which typically stemmed from immature
and distorted personality development, resulting in persistent maladaptive ways of perceiving and thinking.
They are generally called “personality or character disorders”. These groups of disorders are composed of
the following:

Personality Disorders - The disorders of character, the person is characterized as a “problematic”


without psychoses. This disorder is characterized disrupted personal relationship, dependent or passive
aggressive behavior.

 Paranoid Personality Disorder - It is characterized by suspicious, rigidity, envy, hypersensitivity,


excessive self-importance, argumentativeness and tendency to blame others of one’s own mistakes.
 Schizoid Personality Disorder - This is characterized by the inability to form social relationship and
lack of interest in doing so. The person seem to express their feelings, they lack social skills. They are
the so-called “loners”.
 Schizotypal Personality Disorder - It is characterized by seclusiveness, over sensitivity, avoidance
of communication and superstitious thinking is common.
 Histrionic Personality Disorder - It is characterized by immaturity, excitability, emotional instability
and self-dramatization.
 Narcissistic Personality Disorder - It is characterized by an exaggerated sense of self-importance
and pre-occupation with receiving attention. The person usually expects and demands special
treatment from others and disregarding the rights and feeling of others.
 Borderline Personality Disorder - It is characterized by instability reflected in drastic mood shifts
and behavior problems. The person usually displays intense anger outburst with little provocation and
he is impulsive, unpredictable, and periodically unstable.
 Avoidant Personality Disorder - It is characterized by hypersensitivity to rejection and apprehensive
alertness to any sign of social derogation. Person is reluctant to enter into social interaction.
 Dependent Personality Disorder - It is characterized by extreme dependence on other people –
there is acute discomfort and even panic to be alone. The person lacks confidence and feels helpless.
 Passive-Aggressive Personality Disorder - It is characterized by being hostile expressed in indirect
and non-violent ways. They are so called “stubborn”.
 Compulsive Personality Disorder - It is characterized by excessive concern with rules, order, and
efficiency that everyone does things their way and an ability to express warm feeling. The person is
over conscientious, serious, and with difficulty in doing things for relaxation.
 Anti-social Personality Disorder - It is characterized by continuing violation of the rights of others
through aggressive, anti-social behavior with out remorse or loyalty to anyone.

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PSYCHOTIC PATTERNS - are group of disorders involving gross structural defects in the brain tissue,
severe disorientation of the mind thus it involves loss of contact with reality.

Organic Mental Disorders - A diagnosis of organic mental disorder is associated with a specific,
identified organic cause, such as abnormalities of the brain structure. These are mental disorder that occurs
when the normal brain has been damage resulted from any interference of the functioning of the brain.

1. Acute brain disorder – caused by a diffuse impairment of the brain function. Its symptoms
range from mild mood changes to acute delirium.
2. Chronic brain disorder – the brain disorder that result from injuries, diseases, drugs, and a
variety of other conditions. Its symptoms includes impairment of orientation (time, place and person),
impairment of memory, learning, comprehension and judgement, emotion and self-control.

Groups of Organic Mental Disorders

1. Delirium – the severe impairment of information processing in the brain affecting the basic
process of attention, perception, memory and thinking.
2. Dementia – deterioration in intellectual functioning after completing brain maturation. The
defect in the process of acquiring knowledge or skill, problem solving, and judgement.
3. Amnestic Syndrome – the inability to remember on going events more than a few minutes
after they have taken place.
4. Hallucinosis – the persistent occurrence of hallucinations, the false perception that arise in full
wakefulness state. This includes hallucinations on visual and hearing or both.
5. Organic Delusional Syndrome – the false belief arising in a setting of known or suspected
brain damage.
6. Organic Affective Syndrome – the extreme/severe manic or depressive state with the
impairment of the cerebral function.
7. Organic Personality Syndrome – the general personality changes following brain damage.
8. General Paresis – also called “dimentia paralytica”, a syphilitic infection o f the brain and
involving impairment of the CNS.

Disorders Involving Brain Tumor - A tumor is a new growth involving abnormal enlargement of
body tissue. Brain tumor can cause a variety of personality alterations, and it may lead to any neurotic
behavior and consequently psychotic behavior.

Disorders Involving Head Injury - Injury to the head as a result of falls, blows and accidents
causing sensory and motor disorders.

Senile and Presenile Dementia

Mental retardation - Metal retardation is a mental disorder characterized by sub-average general


functioning existing concurrency with deficits in adaptive behavior. It is a common mental disorder before the
age of 18. The person is suffering from low I.Q., difficulty in focusing attention and deficiency in fast learning.

Schizophrenia and Paranoia - Schizophrenia – refers to the group of psychotic disorders


characterized by gross distortions of realty, withdrawal of social interaction, disorganization and fragmentation
of perception, thoughts and emotion. It also refers to terms such as “mental deterioration”, “dementia
praecox”, or “split mind”. Paranoia – it is a psychosis characterized by a systemized delusional system. A
delusion is a firm belief opposed to reality but maintained in spite of strong evidence to the contrary. It is also
a psychosis characterized by delusion of apprehension following a failure or frustration.

ADDICTIVE BEHAVIORAL PATTERNS - Psychoactive substance-use disorders such as alcoholism


affects millions of people. Addiction and psychological dependence on these substances create disastrous
personal and social problems (Bernstein, 1991).

SEXUAL DYSFUCNTIONAL PATTERNS - Sexual deviations to the impairment to either the desire for
sexual gratification or in the ability to achieve it (Coleman, 1980).

Those Affecting Males

1. Erectile Insufficiency (Impotency) – it is a sexual disorder characterized by the inability to achieve or


maintain erection for successful intercourse.
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2. Pre-mature Ejaculation – it is the unsatisfactory brief period of sexual stimulation that result to the
failure of the female partner to achieve satisfaction.
3. Retarded Ejaculation – it is the inability to ejaculate during intercourse – resulting to worry between
partners.

Those Affecting Women

1. Arousal Insufficiency (Frigidity) – a sexual disorder characterized by partial or complete failure to attain
the lubrication or swelling response of sexual excitement by the female partner.
2. Orgasmic Dysfunction – a sexual disorder characterized by the difficulty in achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the entrance to the vagina that prevent
penetration of the male sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts in women.

Sexual Behaviors leading to Sex Crimes

As to Sexual Reversals

 Homosexuality – it is a sexual behavior directed towards the same sex. It is also called
“lesbianism/tribadism” for female relationship.
 Transvestism – refers to the achievement of sexual excitation by dressing as a member of the opposite
sex such a man who wears female apparel.
 Fetishism – sexual gratification is obtained by looking at some body parts, underwear of the opposite
sex or other objects associated with the opposite sex.

As to the Choice of Partner

 Pedophilia – a sexual perversion where a person has the compulsive desire to have sexual intercourse
with a child of either sex.
 Bestiality – the sexual gratification is attained by having sexual intercourse with animals
 Auto-sexual (self-gratification/masturbation) – it is also called “self abuse”, sexual satisfaction is carried
out without the cooperation of another.
 Gerontophilia – is a sexual desire with an elder person.
 Necrophilia – an erotic desire or actual intercourse with a corpse
 Incest – a sexual relation between person who, by reason of blood relationship cannot legally marry.

As to Sexual Urge

 Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse


 Nymphomania – a strong sexual feeling of women with an excessive sexual urge.

As Mode of Sexual Expression

 Oralism – it is the use of mouth or the tongue as a way of sexual satisfaction.


a. Fellatio – male sex organ to the mouth of the women coupled with the act of sucking that
initiates orgasm.
b. Cunnilingus – sexual gratification is attained by licking the external female genitalia.
c. Anilism (anillingus) – licking the anus of the sexual partner

 Sado-Masochism (Algolagnia) – pain/cruelty for sexual gratification.

Sadism – achievement of sexual stimulation and gratification through the infliction of physical pain on
the sexual partner. It may also be associated with animals or objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual pleasure.

As to Part of the Body

 Sodomy – is a sexual act through the anus of the sexual partner.


 Uranism – sexual gratification is attained through fingering, holding the breast of licking parts of the
body.
 Frottage – the act of rubbing the sex organ against body parts of another person.
 Partailism – it refers to the sexual libido on any part of the body of a sexual partner.

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As to visual stimulus

 Voyeurism – the person is commonly called “the peeping Tom”, an achievement of sexual pleasures
through clandestine peeping such as peeping to dressing room, couples room, toilets, etc. and
frequently the person masturbate during the peeping activity.
 Scoptophilia – the intentional act of watching people undress or during sexual intimacies.

As to Number of Participants in the Sexual Act

 Troilism – three persons participate in sex orgy such as two women versus on man or vice versa.
 Pluralism – group of persons in sexual orgies such as couple to couple sexual relations. It is also called
“sexual festival”.

Other Sexual Abnormalities

 Exhibitionism – it is called “indecent exposure”, intentional exposure of genitals to members of the


opposite sex under inappropriate conditions.
 Coprolalia – the use of obscene language to achieve sexual satisfaction.
 Don Juanism – the act of seducing women as a career with out permanency of sexual partner or
companion.

CRISIS MANAGEMENT

CONCEPTS OF CRISIS AND EMERGENCY

CRISIS is a period of disorganization, period of upset during which people attempts at arriving at
solution of problems. It is a crucial or decisive point or situation; a turning point; an unstable condition, as in
political, social, or economic. It is a state provokes when a person faces obstacles or hazards to an important
life goal. The term Crisis is derived from the Greek word “krisis” which means to separate; a turning point
decision in a process of an affair or a series of events.

EMERGENCY – is derived from the Latin word “emergencia” which means dipping/plugging. A
sudden condition or a state of affairs calling for an immediate action.

TYPES OF CRISIS

MAN-MADE CRISIS - civil disturbances - strike, riot, demonstration - revolt such as mutiny and
insurrection - revolution, border incident - war: conventional or nuclear – crimes: kidnapping, hijacking,
hostage-taking, etc

NATURAL CRISIS - fire, floods, earthquake, tidal waves - marine/air disaster, hazardous spills, power
failure, nuclear accidents - water/food shortage/scarcity, drought - volcanic eruption, epidemic, etc.

INDIVIDUAL CRISIS – It refers to the feeling that arises when a person faces unpleasant situation
such as frustrations and conflicts. This includes:

1. Physical Crisis – those that are related to health problems or bodily sickness/sufferings.
2. Economics Crisis – the deprivation of the basic necessities of life like food and material things.
3. Emotional Crisis – when an individual is affected by negative feelings like emotional disturbances,
fear, etc.
4. Social Crisis – the experiencing lack of interest, confidence and social skills to relate meaningful,
harmonious relationship with others.
5. Moral Crisis – the person has an irrational or distorted concepts of what is right or wrong, lack of
moral values and integrity of the person.
6. Psychosexual Crisis – failure of the person to assume ones sex role and identity as a man or
woman. The person has an inappropriate sex objective, inadequate and distorted expression of
affection.

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CRISIS MANAGEMENT defined

Crisis management is the proper utilization of all available resources and the formulation of policies and
procedures to effectively deal with progressive sequence of events (crisis) and sudden or unforeseen state
(emergency).

PURPOSES OF CRISIS MANAGEMENT

1. It sets concepts, policies and general procedures of handling crisis situation.


2. It guides and assist law enforcers in the formulation of crisis management contingency plans and SOP’s
to address crisis situations.

THE CRISIS MANAGEMENT DOCTRINE

This doctrine specifically addresses crisis situations arising out of the action of mentally deranged
individuals, criminals or terrorist elements that use violence or threat to pursue their needs. Crisis envisioned
to be covered under this doctrine include among others, hostage taking, sea jacking, hijacking, occupation of
vital installation, ambush and arson, with the use of violence or threat followed by blackmail, demands for
ransom, safe-control, publicity and the like.

The crisis may start as basically police or special unit matter, but could develop in proportion and
dimension requiring further military operations. This doctrine also will not address crisis when the purview and
jurisdiction of the National Disaster Coordinating Council (NDCC), Peace and order council, the Cabinet Crisis
Committee or the National Security Council (NSC) and other national committee which could be military,
economic, political, social or combination thereof, in nature. The general idea is to prevent the occurrence of a
crisis, ensure a probability of success in minimizing or neutralizing the perpetrator or to return the situation
into normalcy.

NATIONAL POLICY

The Philippines subscribed to all international conventions and initiatives against terrorism and will
participate in all endeavors designed to strengthen international cooperation in order to prevent and neutralize
terrorist acts.

PNP/AFP POLICY

The PNP/AFP shall be guided by the national policy on terrorism and will strictly implement it. The use
of peaceful means shall always be employed. The AFP will not compromise nor make concessions to terrorist
even if involves the personnel or property. The AFP will act promptly, decisively and effectively, choosing from
the whole range of military actions appropriate to the circumstances.

PHASES OF CRISIS MANAGEMENT

PRO-ACTIVE PHASES – is the stage of advance planning, organization and coordination and control
in response to an anticipated future crisis occurrence. This phase is designed to predict or prevent
probability or occurrence of the crisis while at the same time prepares to handle them when they occur.

1. PREDICTION - The first stage of anticipating future crisis occurrences through the following;

 Update- Intelligence – involves the collection of information from variety of sources as


basis of actions and plan; those that are related to crisis management contingency planning.
 Events – are those incidents that are already passed which can facilitate analysis necessary
for identification of probable threat groups, targets and necessary for advance planning.
 Threat Analysis of Threat Groups

a. Political Terrorist – ideologically inspire individuals who grouped together for a


common purpose usually for change of government or political power. Ex. CPP/NPA,
SPT’s, etc.
b. Criminals – these are people who commit terrorist acts for personal rather than
ideological gains. Some of the terrorist acts such as kidnapping are well planned,
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other are not planned, but happens as a result of the fast response time by LEAs to
an on going crime. For instance, a number of bank robberies have evolved into
unplanned hostage situation when policemen arrive in response to an alarm robbery
is in progress.
c. Mentally Deranged Individuals – people commit terroristic acts during a period
of psychiatric disturbance. This type is the most difficult terrorist to deal with. Many
of them are impulsive and unpredictable.

2. PREVENTION - This pro-active phase considers counter measures as part of the total system
of operation. Such counter measures involves the following;

 Operation Security – a counter intelligence measure where all aspect of awareness and
training must be considered to prevent threat groups from learning the units plans methods
of operations. It also refers to measures taken in conducting operations or activities in
secure and effective manner.

 Personal Security – it considers that all personnel are susceptible to terrorist attack so the
is a need for securing them. All security measures designed to prevent unsuitable individuals
of DOUGHTFUL LOYALTY from gaining access to classified matters or security facilities.

Considerations of Personnel Threat Assessment

1. Rank and Risk – higher ranking personnel have great risk level. In high-risk areas, secure high
ranking officers because they may be selected as terrorist targets by special knowledge they
possess.

2. Threat Level (Potential Threats)

a. Primary targets are high-ranking military or police officers, government officials, foreign
ministries, other VIPs and persons possessing sensitive information.
b. Secondary targets – those selected as alternative terrorist targets to gain publicity.
c. Randomly selected targets – Military or police personnel who are not off duty or engage in
private activities and become targets of opportunity.

Stages in preparation of Personnel Security Program

1. Planning – threat analysis and assessment of available personnel security resources.


2. Personal security education procedures are adopted.
3. Awareness – periodic briefing, public info drive, printed materials.
4. Education – education on terrorist tactics, sparrow opens and the like.
5. Physical Security – encompasses protection of info, material and people including perimeter
installation. A system of barrier placed between the potential intruder and the material to be
protected.

3. PREPARATION - this pro-active phase involves organizing training and equipment personnel
of the organization. In general, military commanders and officers of the PNP must organize,
train and equip special reaction, security and negotiation elements and provide their immediate
activation when the need arises.

National Level Organization

NCCM – National Committee on Crisis Management - Serves as the umbrella organization for
crisis management. The primary concern is the formulation of crisis management policies, integration of
mil/pol to public efforts towards the prevention and control of crisis. It is composed by:

1. PAFSECOM – Philippine Air Force Security Command


2. PNSWG – Philippine Navy Special Welfare Group
3. PASAG – Philippine Army Special Action Group
4. PNPSAG – Philippine National Police Special Action Group

RCAG – Regional Crisis Action Group


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RCMOC – Regional Crisis Management Operation Center - the point of all communications from the
OSCP
OSCP – On-Scene Command Post

The OSCP shall establish with in the crisis incident site. It is a post or unit with in a probable target to
be headed by an on-scene commander (OSC) whose responsibility is to take charge of every happening of a
crisis incident scene.

Composition of the OSCP

TACTICAL UNIT – composed of regular military or police placed under the operational command of
the OSC.

1. Reaction Element – Special action unit which are specially organized, equipped and deployed in the
region to hold special operation in cases of crisis incident.
2. Security Element – military or police personnel task to protect the area of perimeter security to prevent
occurrence of unnecessary incidents.

SUPPORT UNIT – It is a unit that provides the necessary administrative, operational and logistic
support of the OSC.

1. Intelligence Team – responsible for the collection and processing of all information needed by the OSC.
2. Communication Team – responsible for insuring effective communication between OSC and other units
or sub-units.
3. Logistic Team – responsible for ensuring mess services, supplies (clothing, equipment, transportation)
and other logistic services.
4. Medical Team – responsible for all medical supplies and services in cases of crisis incidents.
5. Fire Fighting Team – responsible for all services related to extinguishing fires intentionally set by
perpetrators or during the result of operations.
6. Administrative Personnel – personnel assigned to OSC to keep written records of events, in coming or
outgoing communications.
7. Legal/Investigation Team – services of investigation, preservation of evidence, documents and legal
advice to the OSC.

NEGOTIATION UNIT – It is headed by a chief negotiator and composed of two or more members.
Their primary concern is to serve first life, prevent destruction and pave the way for a peaceful resolution of
crisis situations.

THE REACTIVE PHASE

When a crisis occur despite the pro-active effort, the organization concerned must be prepare to
perform the crisis management in accordance with their plan.

PERFORMANCE - It is the action stage, the implementation of the crisis management contingency plan.

1. The Initial Action – the stage taken by the Initial Action Unit, which is composed of police and
military personnel immediately organized into team to initially respond to take incident and begin the
containment effort. They are responsible for:
 maintain control of the situation
 report the matter to the RCAG through channels
 secure the scene by establishing perimeter security
 evacuate by standers if possible
 prevent escape of perpetrator
 take maximum control

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2. The Action Stage - The action stage starts as soon as the tactical, support unit and the negotiation
unit arrived and are deployed. The OSC discusses the incident with his commander and staff and
decides on the plans and actions to be taken.

 Negotiation – chief negotiator undertakes negotiation as soon as he has been properly briefed
and received appropriate instruction from the OSC. He shall keep the OSCP informed of the
progress of negotiations and shall take instructions only from the OSC. No further negotiation
shall be under take when the tactical unit commander initiates tactical operations.

 Tactical Action – the tactical commander makes a complete estimate of the crisis situation and
plans his courses of action upon arrival at the scene while negotiation is in progress. He shall
maintain and continuous contact with the OSCP. He shall take over authority on reaction
element through out the tactical operations. He shall take instructions only from the OSC and
coordinate all support requirements with the OSCP.

3. The Post Action Stage - This stage begin as soon as the perpetrator surrendered, captured or
neutralized. OSC shall ensure that the following are accomplished:
 Protection of the incident scene
 Investigation of the incident preservation of evidence
 Documentation
 SS – witnesses, hostage, perpetrators and other key participants of the incident.
 Recovered, documented, preserve evidences
 Pictorials, written reports
 Filing and prosecution of cases
 Damage Compensation and rehabilitation

He also initiates recommendation for the compensation and provide assistance to civilian killed and
injured during tactical operations. He initiates recommendation for the rehabilitation, construction of damage
or essential infrastructures.

Training and re-training of unit personnel special units and negotiators shall continue with their training
to improve their proficiency and enhance their readiness.

CONCERNS OF CRISIS MANAGEMENT

TERRORISM

Terrorism is …
 a threat or actual use of force or violence for political or other purpose, to foster fear, insecurity,
distrust, and unrest among a specific group or the general population.
 “Violence for effect… not primarily, and sometimes not all for the physical effect on the actual
target, but rather for its dramatic impact on an audience.”
 “The calculated use of violence or the threat of violence t attain goals, often political or ideological
in nature”.
 “ Is violent criminal behavior designed to generate fear in the community, or a substantial segment
of it, for political purposes.

Classification of Terrorist

1. National Terrorist - A terrorist who operates and aspires to political power primarily within a single
nation.
2. Transnational Terrorist - This is a terrorist who operates across national boarders, whose actions
and political aspirations may affect individual of more than one nationality.
3. International Terrorists - A terrorists who is controlled by, and whose actions represent the national
interest of a sovereign state.

MOTIVATION AND GROUP CLASSIFICATION

What causes a rational thinking human being to terrorize society? Assuming that the terrorists think
rationally ( and most of them possess a high degree of rationality ), we must look to the terrorists motives if
we are to understand them, to think like them, and to ultimately them.

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1. Minority Nationalistic Groups - groups fighting the majority of the community where the support
base will depend one ethnic, religion, linguistic minorities at odd with the majority community.

2. Marxist Revolutionary Groups – here, the terrorists’ movement is characterized by its possession of
a coherent Marxist ideology and of a long-term strategy for bringing about the socialistic revolution.

3. Anarchist Group - True Anarchist are difficult to find since true anarchy brings lawlessness and
disorder, which is not a natural state in which the human race exists.

4. Pathological Groups – problematic individuals who are grouped together for some terrorist activities
for emotional satisfaction.

TERRORISTS PROFILE (based on commonalties of international terrorists)

1. under 30 years of age


2. action oriented - some are college educated
3. from affluent/middle-class
4. often trained in medical, legal, engineering, teaching professions
5. terrorism rarely full-time occupation
6. inward assurance of strength
7. paradoxically, basically lonely
8. believes he/she to be morally superior and in own mind is right
9. indifferent to suffering of his immediate victims
10. looks to colleagues for acceptance
11. wants respect from victims
12. willing to sacrifice self
13. seek publicity
14. believes violence is morally justified to support cause

Nature of Political Terrorist

1. It is a part of revolutionary strategy.


2. Manifest in acts on socially unacceptable means.
3. Symbolic target selection.
4. Creates psychological effects on population to change behavior attitude.
5. It forces the government to take drastic measures.
6. Combines political and criminal terroristic tactics.

Aims of Political Terrorist

1. Influence, discredit and destroy present system.


2. To break down social structures.
3. Erode trust in established government.
4. Foster insecurity and fears.
5. Shows that the government is incapable of protecting the people.
6. Forces the government to overreact to use excessive measures or force.
7. Destroy property.
8. Disrupt law and order
9. Propaganda
10. Create a ripe climate to revolution.

Common Characteristics of Terrorist

1. Promote fear
2. Main objective is publicity
3. Highly mobile
4. Fatalist – they can create destruction affecting the whole nation.
5. Undercover operations
6. Small groups mean security efficiency
Immediate Goals of Terrorist

1. Local, national, worldwide recognition for a cause.


2. They cause government reactions.
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3. Harass, weaken, embarrass government and government forces.
4. Demonstrate power and threat credibility.
5. Obtain money and equipment.
6. Destruction of communication.
7. Prevent and delay executive decisions.
8. Cause strikes or prevent elections, free or prevent elections.
9. Satisfy vengeance.

Long Range Goals of Terrorist

1. Cause drastic changes in the government.


2. Turn the system favorable to their side.
3. Gain political recognition as a legal body representing an ethnic or national group.

Cooperation among Terrorist

1. Sharing resources (logistic support)


2. Sharing expertise.
3. Sharing safe havens.
4. Participating in joint operations.

Organization of Terrorist Groups

The way terrorist group organized is determined by it’s the need of security and the number of people
in the group.

1. Larger Groups – less secured


2. Small Groups – high degree of security but limited to operational capabilities.

As to group size, the large group can only succeed over a longer term in a week political
environment.
As to group security, government forces attempt to destroy terrorist group or keep them in defensive
position to discourage them from mobilizing new to be extremely covert.

Terrorist Operation

1. Covert and well executed.


2. Carried out by specially well-trained and organized clandestine elements.
3. Weapons – basic arms and explosives but continue to seek advance weaponry.
4. Training – they are trained on subversion, weaponry, negotiation practices and espionage.
5. Members of clandestine elements are of above average intelligence.

Methods of Operations

1. They operate in small bands


2. They carry light automatic weapons, grenades, basic explosives, ammunitions and communication
equipment.
3. They mask their activities with the local populace.
4. Team includes assaults and security elements.
5. Leaders serve as negotiators.
6. They watch out for counter intelligence measures of the government forces.
7. In hostage taking, hostages are usually separated in safe houses to prevent communications and
escape, planning, and intelligence gathering.
Sequence of Terrorist Action

1. Pre-incident phase – reconnaissance mission, Rehearsal


 Often reconnaissance team, planners, perpetrators do not meet.
 Communication are through intermediaries or by message drop.

2. Initiative Phase – moves to their target covertly.


 they use false names, ID, passports
 they use separate routes

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 weapons and other items are separately to pre-arrange locations

3. Negotiation/Climax Phases
 they use negotiation to gain publicity.
 Negotiation- often requires inter-government negotiations at the highest level.
 When government failed to give demands, they initiate more terror

4. Post incident Phase


 they learn from their failures and success
 terrorist re-groups, criticize and give critique about the operation.

TERRORIST TACTICS

BOMBING

Delivery to target is done through:

1. Vehicle Bomb-booby traps with attached devices


2. Laid Charges-bomb plates
3. Projected bombs-launched from riffles by a mortal device
4. Postal/mail bombs

Activation means:

1. Command activation by leads, pull wire or mechanism


2. Action by the subject/top pressure device, light sense electric switch
3. Time delay clock/burning chemical delay

ARSON - This is use to destroy or to disrupt public utilities, political HQs and industrial facilities.

HIJACKING - Hijacking and skyjacking are commonly used by terrorists. The hijack supply,
ammunitions, fuel cargoes, and vehicles to provide them to gain entry to a close military area, skyjacking of
commercial aircraft to gain publicity or to ask demands.

ASSASSINATION - The oldest but the commonly used terrorist tactic where targets are often police
or military officials or political features and they always claim responsibility of assassination.

AMBUSH - This is a well-planned, well thought-out, properly rehearsed and precisely


executed operation. The terrorist has time on his side and will spend considerable time preparing for an
operation. Terrorist have an advantage in that they can choose the time and place of operation.

KIDNAPPING - Kidnapping for ransoms is the most common form of this tactic. The victim is
normally confined in a secret hideout and kidnappers make material demands.

HOSTAGE TAKING - The hostage-taker confronts the authorities and openly holds the victims for
ransom. His demands are more than just material in nature. Political concessions are the frequency demanded
in exchange for the hostage lives.

ROBBERIES/EXTORTIONS - Terrorist operations are expensive. To help finance their activities,


terrorists rob banks and armored vehicles carrying large sums of cash. Bank robberies are also used as
graduation exercises for terrorist training programs and viewed as a tactical operation. The conduct
reconnaissance, plan escape routes and operates in the high degree of efficiency and the progressive taxation
scheme of the CPAA/NPA is a form of extortion through coercion or use of force against the victim or his
property.

TERRORIST TARGETS

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1. MILITARY/POLICE
 command and control facilities
 logistic/storage facilities
 computer facilities
 explosives, sensitive weapons, arms and ammunition depots

2. ENGINEERING AND ENERGY SYSTEM


 hydroelectric plants
 offshore oil rigs
 nuclear facility sites
 gas pipelines
 dams and electric power lines

3. COMMUNICATION AND SUPPLIES


1. communication lines and facilities
2. chemical storage sites
3. dock facilities
4. equipment warehouse
5. computer facilities

4. TRANSPORTATION
 rail lines and cars
 bus depots
 airports and aircraft
 trucking and facilities
 shipyards and ships
 mainland routes and bridge

5. HUMAN
 members of the diplomatic crops
 government officials
 corporate executives
 police and military forces
 dependents/close relatives of the above

6. VULNERABILITIES - Vulnerabilities are the weaknesses the installation


security and high risk targets with in such installation. These vulnerabilities are normally identified
through security surveys and inspections conducted periodically or on the spot intelligence and security
units staffs.

The analysis of the threat to certain installation is based on information with both static and dynamic
dimensions.

 STATIC DIMENSIONS – terrain, nationality of population, major industry in the


area, location of installation, mission of the installation
 DYNAMIC DIMENSIONS - assignment of personnel, security measures used
relations with civilian security, demonstrations within post location
 DYNAMIC DIMENTIONS THAT ARE HARDLY CONTROLLABLE – weather, activities
of hostile groups, economic conditions, local law enforcement, off post demonstrations

The vulnerability of installations can be determined to some extent through the consideration of the
following factors:

 Installation characteristics and its attractiveness as a target for the terrorist acts.
 status of training personnel
 availability of communications
 non-military law enforcement resources
 time and distance from military installation able to lend assistance
 geographic region
 proximity to foreign borders
 access to installation
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 terrain

HOSTAGE SITUATION

This is termed as crisis by the law enforcement officers and behavioral professionals. This situation
exist when one or more individuals are held captive by other person or persons against their will for purposes
of demanding material things or due to behavioral maladies. Criminal type hostage takers may direct their
demand towards the government or to other private individuals. Mentally or emotionally disturbed may take
hostages out of nothing or due to uncontrollable forces.

In dealing with hostage situations, the priorities are to 1) preserve lives, 2) apprehend the captors, and
3) recover or protect properties. Negotiators should be prepared for this kind of situation since it will take
them a long period of time to contain the situation. According to experts, a hostage taking may last for an
hour to more than forty hours. Hostage takers and hostages and even the negotiators become tired and
stressed out of the long period of crisis intervention. Hostages become impatient waiting for their safe release
or rescue. With this, there is a great possibility of the birth of the Stockholm’s Syndrome. This is characterized
by transference of attention between the captors and captives. The hostage towards his captors may generate
positive feelings.

Negotiators can have enough time to contain and isolate the scene. The initial state of high emotion is
given time to subside and rational thinking to return. The lives of the hostages become more secure as the
holder realizes the value of their continued safety; and fatigue will set in and alertness will fade.

It was research by experts that passage of time is in favor of the hostages and to the negotiators. In
the first hour of the situation, the hostage taker is at rage and tension is at peak. As time passes mental,
emotional and physical fatigue will be increased and will operate against the hostage taker. As this happen,
the above-enumerated benefits of slowing time operate.

STAGES OF A HOSTAGE SITUATION

Alarm Stage - This stage is the most traumatic and dangerous. In the alarm stage, the emotion of
the hostage taker is exceedingly in its highest peak, his rationalization and proper thinking is low, He may be
extremely aggressive in his reaction to any perceived threat. E.g. escape of hostages, tactical assault, trickery
etc.

In order for the perpetrator gain cooperation from the hostages, he usually terrorizes the hostages into
submission. At this stage he may also inclined to inflict physical harm or even kill anyone who interferes with
their attempts. (Strentz, 1984, p. 190). The same is the situation in the part of the hostages. Since no one
knows when or does not want that they will be held hostages. This is considered as a traumatic stage as they
fear much for their lives. From a peaceful situation, turns into a life and death situation ticking every minute
and the lives of the hostages depend on the hand of the hostage taker. (Herman, 1995, p. 92). A person taken
as hostage becomes impatient, denial of reality sets in them, particularly when those they expect to help seem
to be doing nothing. In order to cope immediately with this agitated feeling, one must put into place a will to
survive since panic may cause over reaction in the part of the hostage taker and diminishes the chances of
survival. It is also important that hostages should disregard any notion of being a hero. (Strentz, 1984, p. 196)

Crisis Stage - In this stage, when negotiation attempts are being initiated by the crisis negotiator.
Outrageous demands and unpredictable emotion is marked or commonly noted in the hostage taker. There is
still a great deal of danger since hostage takers try to consolidate their positions. To do these, they try to
move their hostages to a safer ground area. On the part of the captive, this is the most critical because this
stage may predict the remainder of the situation. Chances of survival may be enhanced or reduced during this
stage through the hostage –hostage taker interaction. It is advisable that hostages must control their fear as
it increases unpredictable outburst of anger and violence on the captor. The hostage taker may inconsistently
enforce numerous demands and petty rules and this may result to unsuccessful negotiation. In addition, the
perpetrator seeks to destroy the victim’s sense of autonomy by depriving him of his basic needs.

At this stage hostages may start to feel three (3) problems: 1) Isolation , 2) Claustrophobia, and 3)
Sense of time. Sense of time becomes important on hostages who are hoping for rescue. This situation may
also in favor of the hostage taker as they earn compliance from their captives.

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Accommodation Stage - This is distinguished by boredom, and with moments of terror. Though is
considered as the longest yet is the most tranquil. In the crisis stage, and even in the alarm stage, hostages
are considering escape options but in the accommodation stage, their initiative and planning are narrowed
since captors has increased control over them. The hostages’ sense of life preserving has increased and even
tries to obey the orders. Stockholm’s syndrome will likely to occur between the captors and the victims. One
looks into this phenomenon in the negative that one must say that cooperation of hostages to the negotiator is
constricted.

In the right manner, the hostages in good effect can make use of this phenomenon. It lessens tension
and openness is generated. It is advisable that hostages must avoid political discussions as it accentuates
differences with captors and hostages. (Miron and Goldstein)

Resolution Stage - This is the stage when the hostage taker is being stressed out or fatigued of the
situation. He is seemingly losing interest of the situation and lost most of his bargaining points. Tension
between the hostages, hostage taker and the crisis negotiator is notably low. It should be regarded also that
the crisis intervention techniques of the negotiation team have increased. In this stage, reactions of the
hostages are mixed either blaming their captors or may become hostile and uncooperative to their rescuers
and even accusing them to be the responsible for the whole situation. They might even appraise their captors
for taking care (saving) their lives though their captors placed them into a hell experience.

Released victims become paranoid and often experience post trauma attacks after liberation. These
may even last for a long period of time. Such experience becomes part of their lives and haunts them from
time to time if not being properly treated. They, being a paranoid, continue to monitor their captors if taken
away from them or safely put behind bars.

THE HOSTAGE TAKER

It is a must that a police officer who first arrived at the scene has the necessary skill to determine what
type or personality of the hostage taker is. This does not mean that he must diagnose the perpetrator. In
assessing the situation, one must be able to determine and know the two kinds of behavior:

 Instrumental behavior- those who are engaging in this


kind of behavior are having goals to obtain or to be fulfilled. Generally, hostage takers of
instrumental behavior are criminal types and intervention usually needs bargaining. E.g. barricaded
criminals, or other organized crime groups.

 Expressive behavior- This kind of behavior is


characterized by their attempt to display power. Those who engage in this kind are emotionally
disturbed individuals. E.g. mentally insane, etc.

In many hostage situations committed, statistics reveals that most of those involve are mentally
disturbed individuals and the remaining are results of instrumental behaviors. According to research, twenty
five (25%) percent of all hostage situations are instigated by expressive acts. With this data, it is important
that we must learn the different types of hostage takers and we will begin with the emotional aspect.

Mentally Disturbed

This group suffers from different kinds of psychological maladies. They may or may not in touch with
reality. A mentally disturbed individual may be a loner, act in accordance with an non existing irresistible force,
or on a false belief or a stimuli (Cooper, 1981). Symptoms may include such things as dramatic and sudden
changes of behavior, loss of memory, mistreatment of a loved one, a sudden, impulsive act of theft, extreme
depression, or anxiety that is out of proportion to the circumstances that appear to be causing the anxiety.

The individual may talk to himself of hear voices, or he may be displaying dangerous behavior without
any apparent reason. Mentally or emotionally disturbed individual may be in a very docile mood for a while
and become extremely violent without any apparent cause (Adams).

A patrol officer is usually the first person to respond to a crisis situation before the crisis team arrives.
In some instances where Crisis Management Teams (CMT) are not available, he usually starts and event
finalizes the job. Police officers are empowered to bring the mentally and emotionally disturbed individuals to
the psychiatrist for evaluation and treatment.

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Paranoid Schizophrenics

To begin with the different kinds of mental disorder, we must first understand the different topics
associated with this. Below are items of information discussed in the book of Adams that serve as a guide to a
police officer who will respond to a hostage situation involving mentally disturbed.

Psychosis is a gross and persistent falsification of conventional reality that leaves the person unable
to manage conventional reality with any degree of effectiveness. Psychosis has two major components.

Delusion is the faulty belief that is motivated primarily by the individual’s needs and wishes and in
fact, has no basis. Hallucination is manifested in a visual image that is quite vivid and real to the individual
who experiences it.

Paranoia is a set of fixed delusional beliefs that are accompanied by clear and orderly thinking outside
the delusion system. Paranoia manifests itself. A paranoid has been described as “vigilant suspicious,
distrustful, insecure, and chronically anxious”. There are two types of a paranoid individual as:

The True paranoid or the Classical paranoid as psychologists prefer, may be of high level of intelligence
and so persuasive that he will successfully recruit other persons to help him in his war against enemy.
Individual with Paranoid Reaction do not handle the problem in as much logic or intelligence as the true
paranoid.

Schizophrenia is a thinking disorder. Expert says that, approximately 80 percent of the mentally ill of
the population are schizophrenic. There are subcategories of this kind of mental disorder, the catatonic state
and the hebephrenic state. Catatonic state is demonstrated by the patient’s rigidly held position for some
interminable period of time, while Hebephrenic state is when the subject acts childlike and silly.

The signs and symptoms of the schizophrenic condition may appear in three (3) different ways such as
the following:

1. The subject’s language may be rambling and tangential; he may make up


meaningless rhymes, or echo anything he hears;
2. The subject may show his split personality incongruent between his expressed
ideas and emotional responses. This indicates that two thought operate simultaneously.
3. The subject may isolate or alienate himself from the rest of the society and pull
himself into his personal shell (Schizotype personality).

Neurosis is suffered by a person if most likely to be observed in a continuous state of anxiety. Erratic
behavior would more than likely be displayed by reaction to anxiety in the form of ego defense mechanism
such as rationalization, projection or displacement. The signs and symptoms are shaking uncontrollably and
depression without explanation.

In general, they are characterized by being out of touch with reality and being recognized by their false
belief. Hostage taking is done in order for them to carry out plans from someone who compels them to do.
Their routine is to accomplish something but there is no accomplishment. Most of the paranoid schizophrenics
are in conflict and with difficulty in coping even in a minimal stress situation.

Male paranoid may have problems with gender identity and religious beliefs. It is so noted that
frustration and conflict is involved. When these two combines, severe anxiety will surface that makes a person
so sensitive and volatile. Lack of interpersonal trust, religious conviction, sexual disfunction, persecutory beliefs
about family or significant individuals or even distrust to the negotiator or police may lie in the person’s
behavior. This variety of issues may cause the negotiation difficult and dangerous (1986).

The first thing a negotiator should do is to keep the dialogue at an even pace. Since paranoid
schizophrenics are out of touch with reality, it is a must that the hostage taker should be kept calm enough to
stay in touch with reality while the negotiation process is going on. A good negotiation strategy is suggested
below:

1. Reduce anxiety at the same time create a problem solving atmosphere


2. Do not trick the captor
3. Accept the statement as true but do not agree
4. Do not convince that he is wrong
5. Emphatic understanding is needed
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Manic depressive personality

Depressed individuals are in an incapacitated mental state. He may frequently know the hostages and
the latter might be the cause of his depression. Negative outlook in life, feeling unworthy, slow speech,
suicidal and unpredictable and extremely dangerous are the characteristics of this type of mentally disturbed.
To a one who is a suicidal type, he might inflict harm or even kill one of the hostages and the police will be
forced to shoot him (Strentz, 1984).

When dealing with this kind of mentally disturbed hostage taker, the negotiator must be:

1. Firm and manipulative


2. Understanding and be supportive
3. Able to induce subject to talk about something positive

Inadequate personality

This is a type of person that displays attention-seeking behavior. Hostage taking is his action to prove
himself or his worth. During the commission of the crime, he tends to delay his actions and be caught in
flagrante in order for him to prove himself (“I’ll show them”). His characteristics are homicidal, loser complex,
maybe fired from many jobs and is in touch with reality. Though they are emotionally disturbed, yet they are
apologetic to their behavior (“I’m sorry but I have to do this to prove that I can be a good worker…”).

The negotiator should be aware that those statements mean that it’s either murder or physical harm to
the hostages. It is but wise to present problem solving alternatives so that the hostage taker will not feel that
he has failed again. The person needs acceptance and understanding. An initial action is to offer promises that
can be kept and do not allow relatives in the scene.

Anti-social personality

Those who belong to this kind of personality are repeatedly having conflict with the people around
them and notably having a deviant behavior from groups, social values and or individuals. They defend their
face from embarrassment by blaming others in the form or rationalization. Anti-socials, when takes hostages,
are generally engages in expressive acts and they are likely to dehumanize the hostages and this is an
indication that they are dangerous individuals.

According to Lanceley, antisocial individuals did not internalized moral values yet they know the
consequences of their acts and they are therefore considered or more likely to become a foe. These hostage
takers are only concerned for themselves indicating egotism. Though they are aware of the consequences of
their acts, they feel no remorse and the negotiator must be aware of this. At any time the hostage taker may
consider his hostages as burden and might harm or even end killing his hostages. A guideline of action
suggested is that the ego of the hostage taker is stimulated.

In this situation, the stimulus of this situation might be the hostages and the negotiator must diverse
the attention away from them. It is also suggested that it is but wise not to refer or talk about hospitalization
or treatment during the crisis intervention as this might agitate the perpetrator if they believe they might loose
their freedom or is insinuated that they are crazy. Since the hostage taker is a street and police wise, it is
advisable not to use trickery (Fusilier, 1981).

The estranged person

Domestic problem is the main cause why an estranged individual takes hostages. The hostages are
commonly known to him and mostly are his family members. The hostage taker is experiencing from
relationship breakdown in his or her interpersonal relationships and hostage taking is employed to compel the
relationship to be maintained. The hostage taker at his point is afraid of loosing the significant others. In order
to carry out hostage-taking, alcohol and prohibited drugs are used to have the necessary courage (Cooper, pp.
27-28). Knowledge in domestic intervention is essential when dealing with this kind of volatile situation. The
negotiator should be careful when intervening on personal disputes as oral arguments between the hostage
and the hostage taker may occur.

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The negotiator must be an emphatic listener and with good responding skill. He must also be aware of
the personal nature if the situation. The negotiator should also have the ability to bar the denial of reality into
despair. The resolution is that the perpetrator needs to be shown a graceful way out (Cooper, 1981).

Terrorists

Terrorism throughout the world has been alarming for the past decades and even at present. Countries
around the world have been facing terrorism problems either local or international groups. In the United
States alone, it has been reported that there are local terrorists sowing fear, insecurity and unrest amongst the
people. They create chaos through assassinations, bombing, arson and other forms of malicious destruction of
properties. (CMD, AFP/PNP)

Though global terrorism is seemingly increasing and alarming, the international law enforcement
community is trying its best to address to this kind of problem. (The international police organizations, other
law enforcement, religious and civic organizations team up together in fighting these terrorists.)

Regardless of their cause, their terroristic activities are condoned by most of the people.

Characteristics, Modus Operandi and Causes

In order for them to attain their goal, careful planning is involved. They employ professional members
[most of the planning team members are educated enough on political matters] to outwit and deceive the
authorities. They also employ undercover agents and divide into groups.

Hostages are in serious jeopardy when their demands are not met immediately or if the military
pressure hovers them (i.e deployment of troops, hovering choppers). The local police may not be able to meet
the demands immediately and only serve as perimeter security as they need government attention. They use
media to get attention from the government.

Since most of the longest running crisis situation involves political terrorists, they want to negotiate
directly to the Government and pay less attention to the agents or crisis management teams. Terrorists also
try to let the government overreact n the situation so when worse come, they, the hostages and the rights
groups will turn ire and blames on the government.

The common question asked is what causes them to do such. Evidently, hostage taking is their means
to get the much-needed attention from the government or private individuals just like other types of hostage
takers. In this way, the authorities will initiate actions to negotiate for the safe release of the hostages on the
fear that the latter will end killed or harmed.

On the issue on ransom, according to them are just demanded to cover their expenses while hostages
are at their custody, but in sense, will serve as their resources to buy additional firepower or in the recruitment
for additional manpower in preparation for the anticipated military or police pressures.

Just like other types of hostage takers, they need to be negotiated with . The only difference is that a
mentally deranged, inadequate and antisocial personalities needs more the help of mental health professionals
and rapid police response as the last resort to rescue hostages away from danger. While on terrorist hostage
takers, painstaking bargaining on social and political demands is traditionally used. Government negotiators
are utilized to the fullest to negotiate and bargain issues with the kidnappers.

Barricaded Criminals

This type might be robbers cornered by the police while in the act of committing their crime (i.e bank
robbers). Either barricaded in a building, road block or on getaway cars. Hostages are may be employees,
bystanders or both caught in the process of escaping. The hostage taking is a spontaneous reactions of the
criminal when cornered. Some law enforcement officers consider barricaded criminals as attention seekers, but
others describe then in the contrary as they avoid being identified. Their primary aim is to escape safely taking
with them the hostages as shield to prevent being shot by the police. Usually barricaded criminals are engaged
in instrumental acts as they demand for material things such as getaway cars, firearms, money, and safe
escape.

Barricaded criminals may initiate bargaining negotiation as the police closely monitor them. As earlier
presented they might ask a safe conduct pass for the release of the hostages, or they might ask for additional
money or getaway car and leave the hostages immediately. The negotiator, upon gathering all the facts and
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assessment of the situation, including the mental faculties, he may use his own discretion in the negotiation
process, whether to grant the demand or not

Prisoners

While most prisoners spend most of their time inside the correctional institutions, some are
concentrated on penal colonies under tight guards and to those who are completely secluded inside their
prison cells, they are haunted by boredom, get tired and hostile. These may be due to the strict
implementation of house rules, favoritism and poor prison conditions (Lack of recreational activities and
inadequate facilities, poor structuring etc.).

These conditions may largely contribute to the occurrence of riots and crisis [hostage taking] situations
in our correctional institutions. Most probably, the hostages are the prison authorities and staffs or even some
of the inmates. For some institutionalized individuals, hostage taking is their means of effecting escape
[hostages serve as their shield against assault of authorities] to stay away from the harsh prison condition.
Another group of prisoner-hostage takers are those who do not consider escape but a rather total
improvement of the conditions and services of the prison institution.

Prisoners who initiate hostage taking may be involved on either instrumental or expressive acts or
both. Instrumental behavior involves those situationally related, substantive and objective wants and
commonly known as the commodity goal of the hostage taker (Roloff and Jordan, 1992). An example of this is
the demand for prison condition as these are the causes of the situation.

Additionally the first group almost has similar purpose to the barricaded criminals as they inhibit
instrumental acts or behaviors.

The negotiation approach in this situation based on the acts involved is bargaining approach. They
need to be bargained with at the soonest possible time as the lives of the hostages are in great danger. This is
possible, as the hostage taker believes that the hostages are the main cause of the problem.

NEGOTIATION MODELS In Crisis Situations

Whenever a crisis [hostage] situation is reported to the police or other law enforcement professionals,
the initial action being taken is the activation of tactical assault or Initial Action team and the coordination of
trained crisis negotiators within their departments. In cases where the hostage taking is initiated by a
perpetrator, purely engaged in expressive acts, the services of a mental health professional trained in crisis
management is indispensable. On cases of instrumental behaviors, tactical assault teams are mobilized to
contain and isolate the area and on standby when worst come along as the negotiator/s enter the situation.
However, the services of mental health professionals are sought since most of hostage takers with
instrumental behaviors are partially engaged in expressive acts.

In assessing a crisis situation, one must understand and be able to determine the two kinds of
behavior. Firstly, Instrumental behavior refers to actions on the part of the perpetrators and negotiators that
facilitates some types of substantive outcome in terms of instrumental issues (situationally related, substantive
and objective wants of each party). Additionally, those who are engaging in this kind of behavior are having
goals to obtain or to be fulfilled. Generally, hostage takers of instrumental behavior are criminal types and
intervention usually needs bargaining. E.g. barricaded criminals, or other organized crime groups. Expressive
kind of behavior on the other hand refers to various forms of perpetrator’s and negotiator’s behavior that
serves to communicate the power or significance of the individual and his/her emotional state. Simply, it
involves the behavior of the perpetrator (Hammer and Rogan). This is characterized by the hostage taker’s
attempt to display power. Those who engage in this kind are mostly emotionally disturbed individuals. e.g.
mentally insane, etc. Over the years there are approaches used by negotiators and are devised to suit to these
kinds of behavior or acts.

Bargaining Negotiation Approach - Earlier discussed were the two types of acts. Bargaining
negotiation approach is the model that negotiator employ whenever instrumental issues come along way. In
this approach, negotiation is viewed in terms of an exchange or distribution of resources. This approach is
derived to the social exchange theory of Roloff, (1981), which accordingly has two premises:

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1. Conflicts involve people who are interdependent which means that each party can not accomplish
each own goals without agreement from each party, and
2. Such conflicts involve rewards and costs from each other

This Social Exchange Theory is obviously focused in the exchange of objects during the negotiation.
In order that the negotiation be successful, some authors of crisis management books claimed that the
communication approach involve the exchange of one set of resources for others or known as bargaining.

Bargaining is a powerful tool to resolve a conflict provided that the hostage takers focus on
instrumental concerns or issues that are negotiable. They are more likely to engage with the hostage
negotiator in order to bargain and resolve the crisis.

Van Zandt, Rogan and Hammer reviewed and made critique on this approach and notes: “the type of
situation law enforcement usually encounter, often fall in several ways to match the requirements of
instrumental negotiation approach.”

First, crisis negotiation situation is not typically like others, more common forms of instrumental
dominated bargaining where the assumption is that, the parties come with well thought out proposals and are
willing to a bargaining process. Crisis [hostage] situations involve high levels of anxiety and uncertainty. They
are characterized by a pronounced level of emotional excitation precipitated by the hostage takers motives and
enhanced police response. Majority of hostage crisis occurs as a result of the mental and emotional inability of
the hostage takers to cope with life stressors. This produces a situation where normative rational actor
bargaining is generally absent and its place exist an explosive dangerous and volatile set of interaction
dynamics where emotional excitation and relationship issues (e.g. control, power, trust, liking and face) play a
critical role.

Over all, the particular features of crisis situation discussed above suggest that negotiators often face
interaction dynamics that may not fully explained by the instrumentality focused bargaining approach.

Expressive Negotiation Approach - This approach is mainly focused on the emotional state of the
hostage taker as a powerful tool to resolving of crisis situation. Expressive negotiation approach came to
existence with the use of psychology, human relatons theory and research. Both assume that the nature and
quality of interpersonal relationships play a large role in resolving a conflict. The three (3) assumptions of the
expressive negotiation model are:

1. Hostage has no instrumental value. This explains that the hostage is a tool or device used in
gathering audiences or attracting attention (attention-seeking behavior) to the hostage taker. The
hostage taker may initiate a crisis to demonstrate his ability to control others.
2. Both interactants have the interest to prevent the escalation of the situation into violence or death.
The hostage taker has some minimal level of awareness that when he kill his hostages, he will later
suffer the consequences.
3. Hostage taker and negotiators are confronted with high level of emotional excitation. Increased
emotional arousal prepares the perpetrator from reacting with fight or flight response rather than a
problem-solving mode.

In this approach, negotiators must be knowledgeable on ‘crisis intervention therapy’; listening skills as
it contributes a lot in decreasing anxiety and a problem solving can emerge later during the negotiation
process. (Schlossberg, 1979, Van Zandt, Rogan and Hammer, 1998). In addition, relationship development
and confidence building strategies are viewed as critical to resolution of crisis [hostage] incidents. The
negotiator must have enough training in listening, paraphrasing, and self-disclosure, open ended questioning
to reduce perpetrator’s anxiety.

Under intense stress, the Stockholm syndrome may likely to occur. This phenomenon has been
carefully studied and recorded by psychologists. The impact of the incident stress on negotiator’s psychological
well-being. More so on unsuccessful negotiations. Negotiators should also deserve attention like professional
help. Explications of emotional and personality disorders and their impact on crisis negotiation. Most of the
hostage situations are committed by paranoids, depressed, antisocial and inadequate personality typologies.
Hostage negotiations depends on the psychological characteristics of the hostage taker and the identification
of the effective communication strategies when negotiating with perpetrators who exhibit behavioral patterns
consistent with specific mental and emotional disorders. This model of negotiation is used to lessen the
perpetrator’s emotional tension to give way for a rational problem-solving atmosphere. (Hammer and Rogan)

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Communication-based negotiation approach - This approach is founded on an interactive
assessment if the crisis [hostage] situation as it unfolds and is created through the interaction of the
negotiator and the perpetrator. Therefore, communication based approach is an interactive process wherein
negotiators and hostage takers react to each message behavior.

In fundamental communications theory, communications is composed of content and relational


dimensions. Content dimension of communication represents the instrumental focus of person’s message,
while the latter conveys the expressive features (as trust, power, and respect). There are three (3) interaction
concerns relative to the communication-based negotiation approach, which may tend to escalate or deescalate
the conflict. (Hammer and Rogan)

1. Instrumental concerns; Hammer and Rogan notes: “Instrumental message behavior


arises in crisis negotiation as the hostage takers and the negotiators bargain with one another
regarding with the incompatibility of their objective concerns.” In this concern, there are two broad
types of issues involved, the substantive issues and non-substantive issues or the situationally
related and the situationally unrelated respectively
2. Relational concerns - Relational message behavior denotes when an individual’s
concern is more on the nature of the relationship to other individual. There are thre-e (3) core
elements that represents relational message behavior.
 Power- this concerns the degree of agreement between the two interactants
along a dominance-submission dimension.
 Trust- revolve around the degree to which each party is willing to accept the
premise that no one shall be hurt or no act shall be detrimental to self.
 Affiliation- refers to belongingness and acceptance between the perpetrator and
the negotiator (respect, liking and caring for the well being).

3. Identity concerns - Identity concerns refers to an individual’s concern for self-


presentation, reputation or face. These are then important to both parties.

According to Tajfel’s Social Identity Theory as discussed by Hammer and Rogan, personal and social
identities are the two dimensions of a person’s self image and are best to be known by the negotiator when
dealing with conflict situation, noted as:

‘Personal identity is based on an individual’s unique perception of his or her own attributes’ (The
person perceives himself either weak, strong, or intelligent).Hammer and Rogan also suggested that a
suicidal’s emphasis is on personal identity concerns, and
‘…social identity consists of those characteristics and their emotional significance that is attached to
one’s membership in social groups...’ (nationality, gender, ethnicity, social group/cult).

Rogan and Hammer further discussed that face message behavior varies along three (3) dimensions
and the first denotes the locus of a communicator’s interest (is the face message directed to ones’s self or to
other?); Face valence is the second dimension, a behavior either to attack or honor face. Finally, ‘face-
honoring entails a dimension which relates to whether the message behavior functions to proactively protect
against potential future threats to face or to retroactively restore perceived loss of face’.

When these three (3) dimensions are combined together, there are six (6) types of face message
behavior being produced:

1. Defend Self’s Face - This behavior is self-honoring and self directed messages. More often, the hostage
taker uses this when he is asked about the condition of the hostages and replied… (“ I don’t know but
I think they’re all OK! “)

2. Attack Self’s Face - Is a behavior that tends to attack or is directed to one’s self. The statement, ( “ I
know this is all my fault…” ) fits to this behavior. The perpetrator directs criticism or attacks to himself
when he fell remorse of his act and this usually occur during the accommodation stage.

3. Restore Self’s Face - This is used to restore one’s face/reputation. (“ I’m not as crazy as you think…” ) A
hostage taker with psychological maladies uses this face message behavior to restore his reputation.

4. Restore Other’s Face - A face message behavior that is directed towards the other party. ( “ You’re such
an intelligent guy…”) or (” You’ve got a lot of people who cares about you…” )The negotiator tries to
restore the perpetrator’s face by attempting to gain cooperation and lessen the latter’s psychological
burden.
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5. Defend Other’s Face - Known as the traditional message behavior utilized to protect other’s face from
future attack or loss. (“ I know you can overcome these odds in your life…” ). The negotiator should
defend the perpetrator and not the hostages to increase sense of worth of the perpetrator.

6. Attack Other’s Face - This represents the traditional, more limited view of face attack behaviors. ( “
These people causes me to do this…” ) When a negotiator shifts the blame to others, it does not really
mean that hostages are not prime importance. It is more likely that the hostage taker fell sense of
understanding and belongingness. However, if the hostage taker is the one who uses this, he is trying
to imply that the main cause of the situation are the people involved [hostages].

THE STOCKHOLM SYNDROME

In the event of hostage crisis, the Stockholm syndrome will likely to occur. This phenomenon is
referred to as the process of transference in which the hostages begin to identify their captors and the
following may occur:

1. Positive feelings from the hostages to the captors


2. Negative feelings toward the authorities by both hostages and captors
3. Positive feelings returned by the captors to the hostages

This phenomenon got its name after one of the hostages in an aborted bank robbery in Sweden fell in
love with the perpetrator (Strentz, 1994). In some instances, hostages may even help the perpetrator
consummate the crime either by providing cover fire during the escape process or actually joining the heist or
become an instant member of the group.

Stockholm syndrome with operates when there is an extended period of time, not being isolated
from one’s captor and the positive contact between the hostages and the hostage taker (Fuselier, 1981).

Variety of issues may possibly cause the occurrence of this phenomenon such as:

1. Pity- In the case of mentally disturbed individuals, hostages may pity them, as they believe these
individuals need professional help. The hostages may offer advises (i.e. not advisable) or even instruct
the police not to launch a tactical assault against the defenseless and sick hostage taker.
2. Personal feelings- the hostage may feel affection towards the hostage more when the hostage is
female, with pleasing personality and cooperative.
3. Indoctrination- barricaded political terrorists tend to indoctrinate their hostages to force them agree
and believe with their stand or political ideology. It is not so surprising that a son of a slain scout
ranger sergeant in Mindanao joined his Abu Sayyaf captors during the siege in 2000.
4. Poor inaction of the authorities- the hostages in the alarm and crisis stages of hostage taking want
to be speedily rescued before they will be killed or harmed.

In a crisis [hostage] situation, negotiators consider staling of time the number one rule in dealing with
hostage crisis. On scene negotiators stale time to decrease tension among themselves and the hostage taker.
This might be misinterpreted by the hostages as they feel neglected. They will end up sympathizing with their
captors and uncooperative to their rescuers.

It should be corrected that providing assistance to the hostage taker not a conclusion that Stockholm
syndrome has occurred. Hostages may carry the moneybag or the clerk opens the vault due to continue threat
of the hostage taker.

As Stockholm syndrome continue to develop among the hostages and their captors, the latter will make
increase awareness of the safety of the hostages for fear of losing a shield. The negotiators and the hostages
however may benefit from this phenomenon since the safety of the hostages is increased. This happens during
the accommodation period as hostages may tend to obey every command of their captors and the latter will
decrease or lessen the degree of security, control and the introduction of physical harm among the hostages.

REACTIVE MEASURES IN HOSTAGE TAKING INCIDENTS

OPERATIONAL PREMISES OR AREA

Principal Participants: First responding officers, Field supervisors, Threat Management Force Commander,
Tactical Unit Commander
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Duties and Functions

a. First Responding Officers:


 proceed to the scene discreetly
 do not return fire except:
 when loss of life is imminent
 when hostage-taker is visible, armed, identifiable and no
 third party will be caught in the crossfire.
 contain the suspect-condor or isolate the area
 request assistance
 evacuate-care of critically injured persons if any
 retain witnesses- gather information
 attempt to communicate there telephone, megaphone or other means
 deploy responding officers
 Develop required police information-initial report of situation
 keep headquarters/station informed-periodic assessment
 of situation relayed from time to time

b. Field officers
 assumes command upon reaching scene
 evaluate situation
 prescribed containment procedures until the TMF arrives

c. TMF Commanders
 establishment command post
 coordinate/direct Commander of Tactical Unit Team
 plans/promulgate aggressive operational activities if required.

d. Tactical Unit Commander


 ensure that suspect is under constant surveillance
 maintain well-planned assault operation, upon order

OPERATIONAL PROCEDURES

1. Stabilization and Containment


 Establish Rapport: get to know the suspect
 Operational Activities -clear area/scene of pedestrians, required innocent persons to
evacuate-this can be done, throughout non-verbal language, gather information about the suspect
 submit initial report
 request for additional resources, if needed

2. Consolidation and negotiation

Negotiation and qualities


 civilian volunteer preferred depending upon the call of incident
 demonstrate sympathy without being emotionally involved
 ability o accept tension between conflicting views
 maintaining self-control
 possess moral courage and integrity
 patient and good listener
 should not be a decision maker
 possess certain language skills or background which will lend
 insight into the psycho of the hostage taker
 knowledge in psychology of aggressive human behavior
 ability to give minor rewards
 ability to withhold rewards

Steps in Negotiation

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 On Initial contact - avoid hostile or antagonistic approach, introduce yourself-don’t use title or
rank, sell yourself-sincere and honest, instill trust and confidence, minimize tension soonest
 Development - drawing a psycho profile or hostage taker, reinforce relationship establishment
at initial contact
 Alternative steps
 Climax stage
 Termination

RULES AND PROCEDURES ON NEGOTIATION

1. Stabilize and contain the situation


2. Select the right time to make contact with the hostage-taker
3. Take time when negotiating, allow hostage-taker to speak
4. Don’t offer the hostage-taker anything. What he will ask for will be part
of the negotiation
5. Avoid directing frequent attention to the victim when talking to the
hostage-taker
6. Do not call them hostages. Be as honest as possible; avoid tricks; be
sincere
7. Never dismiss any request from the hostage-taker as trivial or
unimportant
8. Never say “No”, soften the demands
9. Never set a deadline; try not to accept a deadline
10. Do not make alternate suggestion not agreed upon in the negotiation
11. Do not introduce outsiders (non-law enforcement officers) into the
negotiation process, unless their presence is extremely necessary in the solution of the crisis; provide
that they shall be properly advised on the do’s and don’ts of hostage negotiation
12. Do not allow any exchange of hostage, unless extremely necessary; in
particular, do not exchange a negotiator for a hostage
13. Avoid negotiating face-to-face if possible
14. Law enforcement officers without proper training shall not be allowed to
participate in hostage negotiations; and
15. Never introduce ranks/possessions.

KIDNAPPING FOR RANSOM

KIDNAP FOR RANSOM is a criminal act, particularly described as the unlawful taking and carrying away
a person by force or fraud and against his will, or in any manner depriving him of his liberty for the purpose of
extorting ransom as payment for the release. KIDNAP FOR RANSOM is a common term used describes a
specific criminal act under ART. 267 of the RPC entitled “Kidnapping and serious illegal detention.”

KIDNAPPING, in general, posses a serious threat to the peace and order condition of the country.
Focus of concern, however, falls on so-called kidnap for ransom case, because they exist a heavy tall not only
on their victims and the victim’s families, but also on society as a whole. This is so because kidnap for ransom
is by nature a syndicated crime perpetrated by professional criminals groups capable of planning their
nefarious trade that even a single gruesome act of kidnapping expertly pulled by them could prove very
alarming to the public.

COMMON MODUS OPERANDI USED IN KFR

1. A kidnap group initially scouts or a potential victim through an informer or spotter.


2. An informer or spotter could be a gang member or outsider whose participation is to locate targets for
the group.
3. After the would-be victim has been spotted, the kidnap group conducts a through study on his
background and his daily routine movements/activities.
4. Customary route taken by the would-be victim is particularly observed.
5. After careful surveillance and planning, they would kidnap the victim at an opportune time.
6. The victim is them brought in a pre-designated area, usually outside urban places where the victim is
held in captivity ransom for his release is being negotiated.

HOW DOES KIDNAPPERS ABDUCT THEIR VICTIMS?

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How facilitate the kidnapping for the victim, a gang member is sometimes made to seek employment
with would-be victim’s family, either as a diver or as household help. In coordinate with an inside man, the
group snatches the victim at on opportune from the public. Although the manner of accosting the victim varies
from one kidnap group to another, the most common method of approach used by kidnap groups is by
blocking the kidnap victim’s car by using a military or police-like vehicles, sometimes with siren. At least one of
the kidnappers is in complete military or police uniform and armed with a long automatic weapon. The victim
is intercepted and accosted with alleged traffic violations.

HOW ARE RANSOM NEGOTIATIONS UNDERTAKEN?

1. Ransom negotiations are later affected through various means of communications. The most common
is through telephone.
2. The kidnappers will call up the relatives of the victim and demands for a ransom for the release of the
victim.
3. An almost hysterical victim is sometimes made to speak over the telephone and appealed to his
bewildered relatives whose tendency to cooperate blindly with the kidnappers.
4. The kidnappers then indicate the amount, normally in cash payable on a date and a place specified set
by them.
5. Threats on the life of the victim are also relayed to the one contacted in case term of the ransom one
not met which include, among others, non-disclosure of the case to police authorities.

WHAT ARE THE BASIC OBJECTIVES OF THE SPECIAL UNITS OF THE


PNP IN DEALING WITH KIDNAP-FOR-RANSOM?

By priority, the basic objectives of the PNP Special Unit handling kidnap-for-ransom cases are the
following:

1. To insure safety of the hostage or victim is a paramount consideration that takes precedence over all
others. Utmost care is therefore exercised in the conduct of rescue operations.
2. To understand and minimize the mental anguish and agony of the victim’s family and friends.
3. To achieve the early liberation/salvation of the hostage/victim.
4. To insure successful cases against suspected kidnappers.
5. To ensure successful case building and prosecution of cases against suspected kidnappers.
6. To prepare for any similar eventually that may ultimately endanger the preservation of internal peace
and order.

MOST IMPORTANT ROLE OF THE CITIZENS IN THE FIGHT AGAINST


KIDNAP-FOR-RANSOM.

The role of the citizens especially the families and relatives of kidnap Victims is to report immediately
any kidnapping incident to police authorities. Aside from this, they should extend their outmost cooperation to
the police not only in the rescue of the victim but also in the effective prosecution of the suspect as well as in
the efforts to locate, identify and arrest kidnap gang members who remain at large.

TIPS TO BE UNDERT AKEN TO PREVENT


ANY KIDNAPPING OR ABDUCTION

If you believe that you or members of your family are potential targets of kidnap-for-ransom groups,
the most logical thing to do is to be SECURITY CONSCIOUS always in your person and in your day to day
activities.

The following preventive measures are hereby suggested:

1. Develop a security system in your residence and in your place of work


2. Be very selective in hiring your employees or your household help. It is suggested that you let a
trusted person secure the necessary police clearances for them and check their background.
3. Watch out and report to the police questionable presence of persons loitering near your home or office.
4. While on board your car, be very observant. If you notice you are being followed or observed by
doubtful characters, taken note of the vehicle’s description, especially the plate number. If you have
seen the faces/appearances of the persons failing you, try to remember their descriptions.
5. In your daily trips from home to office or school and back, try not to develop a pattern. Do not
establish definite schedules and routes in addition, avoid routes that are deserted.
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6. If you are accosted or intercepted along the roadway for alleged traffic violation and asked to pull over
by questionable persons, stop only in a place where there is a policeman or there are other persons
around.

BEST THING TO DO WHEN YOU RECEIVE A KIDNAP NOTICE/CALL

If you receive a kidnap note:


Be calm, don’t panic,
Make written record of the delivery person’s description
Take note of other circumstances of the delivery (time, manner,etc.)
Preserve the note for submission to the police.

During the call:


Try to signal someone else to listen on an extension.
Keep caller on line as long as possible.
Do not antagonize the kidnappers.
Give kidnappers a code word for whatever identification.
Ask for Victim’s name, Where and when seized, Victim’s code name

After the call:


Make a written record of the Caller’s age/sex, Mental state (your assessment), Peculiarity of speech (lips,
accent), Exact words used
Try to take note of background noises and the audibility to telephone reception, which may reveal the place
where kidnappers is calling.

ASSASSINATION

It is the murder of prominent citizens particularly a head of a state or high official in government or the
killing an important person by violent means, usually from political or religious motives.

What are the basic causes of assassination?

1. Revolutionary Causes – Groups and individuals who become fanatic in their desires to change an
existing government or to establish a new government often resort to violence by means of
assassination.
2. Economic Causes – In some cases assassination are motivated by beliefs that the victim is
responsible for bad economic financial conditions affecting the nation, a particular group of people, the
assassin or his family.
3. Ideological Causes- Some assassination are motivated by beliefs that the intending victim is
impairing the principle of the assassin and his associates.
4. Psychological Causes – Mental derangement, fanaticism, or emotional instability are motivated
factors in most, if not all, assassination. One or more of these conditions are usually present in addition
to of the other basic causes of assassination.
5. Personal Causes - Revenge, jealousy, hate, and rage or strictly personal drives have motivated
personal Causes of assassination.
6. Mercenary Causes – Some assassinations have been committed for a monetary reward. There is
frequently a distinct difference between the basic causes of an assassination and the motives given by
the assassins.

Objectives of VIP Protection

1. To protect the lives of personalities, important citizens and their country.


2. To protect those personalities from illegal pressure being put upon them, such as terrorism, threats
and blackmail.
3. To prevent insult on their honor-embarrassment to protected persons, his government / country.

Basic Concepts of Protection

Protection is a buffer set-up thrown around a dignitary who will either prevent an attack or absorb the
shock to such an extent that the results will not be tragic. It must strive to protect the dignitary wherever he is
located but must always be able to move him to a safer area if the need should arise. Absolute protection is
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seldom possible. Therefore, the protective forces should always try to operate in such a manner that any
attempted attack will have the smallest possible chance to succeed. Every element of protection must be
thoroughly planed in advance and every act of movement of the dignitary and the protective detail must be
scrutinized to make sure it is not playing into the hands of some attackers. Protection must be surprised proof
and flexible enough to instantly respond to any emergency.

There are usually advance clues of a planned attack and the protective system must secure this
intelligence from all possible sources resources and recognize the signs of danger.

METHODS OF ACTION USED BY THE ADVERSARY

1. Physical Assault – The inflicting of physical injury, with the aim of disabling the object of the attack,
such as murder wounding and trashing.

2. Threats – The objectives of threats is to frighten the person and bring about a change of policy. The
adversary may use anonymous letters; radio broadcast and in the adversary happens to be from a
foreign country, he will have additional means at his disposal, such as the local press, international
forum or assemblies.

3. Insult and Humiliation – The adversary tries to ridicule the VIP in the eyes of the people, and will
use different means in order to achieve these objectives.

INITIAL ASSESSMENT FOR DIGNITARY PROTECTION

Plan for protective operations to include a complete evaluation of the dignitary’s level of threat
exposure of possible attackers and the vulnerabilities of the protected. Develop Intelligence profiling, likely
scenarios and the protectee’s environment and routes of travel and security measures already in place. Finally,
the identification, selection, and implication of protective countermeasures shall be undertaken.

PROTECTION OF VERY IMPORTANT PERSONS (V.I.P.) IS BASED ON SEVEN DIFFERENT METHODS

1. Physical Protection – This refers to the protection of the VIP and the installation he uses through the
physical presence of his guards.
2. Secrecy – Information about the VIP, which might be important to the adversary, will be kept from
him.
3. Deception – The publishing of deceptive information concerning the actions of the VIP.
4. Control – Control over the persons coming into the contact with the VIP over the object sent to him.
5. Intelligence – The gathering of the adversary’s intentions as to as assault upon the VIP.
6. Instruction – The VIP and his Colleagues have to coach as to the necessary precautionary measures.
7. Neutralization of Suspects – Neutralization of people who are suspected of trying to liquidate the VIP. A
good system of protection will use all of the above mentioned methods. It is not always necessary to
use them at the same time, but generally, it will be necessary to employ most of them in order to
ensure and efficient protection.

PROTECTION PROCEDURES AND PRINCIPLES

As recognized by most police agencies, absolute and complete protection against assassination of a
dignitary is seldom possible. The goal is to minimize the chances of success of any contemplated attack. The
privacy of the dignitary must be considered, and under no circumstances should he be embarrassed. Despite
this, protection must be provided against hazards caused by personal designs, accidents or negligence.
Procedures are unknown to the public. Every phase of security must be carefully planned in advance. Pertinent
factors considered in this planning include; importance of the protected persons, political attitude of the local
population, distances involved, means of transportation, and duration of the security mission.

Physical protection consist of a series of protective cordons, each compelled in itself. These defensive
rings maybe composed of security personnel, physical barriers, or a combination of both. An example of this
type of security is the protection established around a house from the third echelon of protection. The depth
of the protective forces and the degree of security established will be governed by the factors considered in
the planning stage.

Security planning should be flexible. Weather conditions and mechanical failures (including failure if
lighting) are two ever-present potential hazards. The unexpected arrival of a large number of visitors is
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another situation frequently encountered. Last minute changes in the schedule of events occur on occasion.
The security must be sufficient trained to cover these and many more eventualities.

Central direction and unity of effort are of special importance because of the nature of this assignment.
The officer-in-charge should be designated with full responsibility for all phases of the security mission. Close
coordination must be established with all local military, police and civilian authority. The security’s
responsibility for each phase must be clearly defined. Arrangements should be made for the local civilian police
to control local inhabitants. All available intelligence channels should be utilized for information of potential
danger areas.

USE OF SECURITY PLAN

An excellent format for preparation of a protective plan is the standard operation plan used by the
police. The requirements of the plan which are coordination or liaison, the itinerary defense area, personnel
and equipment requirements post designation, cooperation, communication, public relations, and
miscellaneous emergency information, can all be logically included in the normal five paragraphs of the
operational plan.

The plan should be on writing and procedures in sufficient copies, so that it can be staffed with those
officers with whom coordination is necessary. Only key personnel needed to provide a complete protection are
given an orientation on the events of the plan and should be familiar with the whole operation. Each
participant commits the requirement of his specific mission to memory. For this reason, the plan contains
detailed instruction for each post and mission. The instruction should be simple to understand and easy to
execute. The length of the plan will depend upon the size of the mission to be performed. The itinerary
consists of one or more men stationed or in fixed post. Police should know the identity in the party of
protected official. The attitude of the protected official must be estimated by the police officer. In most
instances the presence of security personnel, is unpleasant to the dignitary. This is understandable in view of
lack of privacy. The security personnel must be aware of this natural reaction, actually anticipate it, and they
observe adherence to strict policies of non-irritating conduct.

In the initial planning stages, all potential embarrassments should be avoided. It is normally a good
policy to avoid direct contact with the dignitary on details of arrangements. The Officer-in-Charge should
coordinate with the member of the official party who is designated for this purpose. When a important person
ignores the measure which have been taken for his protection, security officers continue to perform their
duties as directed. When appropriate, they offer suggestion tactfully. The chief of the escort acts exercises
enforcement power over the security of an important person only when necessary with caution and diplomacy.
Any violation of the security measures for important persons is brought to the attention of the chief of the
escort or guard. The security police officer insures that the guards comply with every detail of their
instructions. Restriction on the circulation of individuals should be strictly enforced. Before any person is
allowed to approach the important person of his effects, he is checked. The security detail should not enter
into conversation between the dignitary and other individuals. Information should be given only when
solicited. In all dealings with the protected person and his associates never volunteer for uncalled for personal
favors. Deliberate attempts to ingratiate themselves only serve to degrade the security mission and result in
an undesirable relationship if the official or members of his party is bothered. Security personnel should react
accordingly. The protected person should set the standards of the relationship. In the absence of such
standard actions of the security detail should be formal.

THE USE OF WEAPONS

There is always the danger of undue alarm due to accidental discharges, and the injury of innocent
persons, when weapons are carried. All personnel should carry a holstered sidearm of at least .38 or 9mm
caliber. Automatic pistol should contain a fully loaded magazine with a round in the chamber and the safe on.
In certain areas, when attackers are made in force by armed mobs, the appropriate weapon or machine gun
can be used. The machine gun is also used when attacks are made from vehicles, and when the attackers are
behind shields or barricades. Riot or shotguns should be available when the attack is made in a congested
area where there is danger of injuring innocent people if long-range weapons are used. They are also effective
against mobs using “Banzai” type of attacks. The use of police nightsticks and tear gas will break up and
confuse the crowd, making their movement by the protective force easier.

CROWD CONTROL

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The protective personnel should understand the principles of crowd control. They should not show
prejudice, sympathy, or become involved in the grievances of the crowd. When force is necessary, the
protective force should move with speed and surprise. At the first sign of disorder all leaders should be
apprehended. The real troublemakers are usually to the rear of the crowd. Protective forces should not be
fooled or deterred by mob leaders who arouse and use women and children in front ranks to shield themselves
from aggressive action by the protective personnel. The crowd’s retreat should never be hindered, it should be
moved in the direction where there is no space to disperse.

AREAS AND BUILDING SURVEY

All areas to be occupied or visited by the protected person should be surveyed in advance. The
procedure to be prescribed for building inspection is complete and thorough. In many instances, the dignitary
is a state visitor of the visitor of the nation; on other occasions he may be the houseguest of other high-
ranking government officials. At times, he may stay in hotel occupied by numerous other guests. Certainly, all
the inspection listed in this section is feasible. The Officer-in Charge and his advance party use common sense
of sound judgment in establishing the best security possible under existing circumstances. In some instances,
the advance party can facilitate security measures by arranging for a separate floor or wing of a hotel as a
billet for the party. Normally, billeting arrangements are included in the itinerary prior to the start of the
security detail. Proper building inspection entails a thorough examination from roof to basement. Blueprints of
the building should be obtained. Rooms and hallways are measured visually and compared with the
dimensions indicated in the building plan to locate any hidden passage or alcoves. Each room is examined
systematically. Walls, ceilings, are mentally divided in to three-foot squares and each square minutely
examined for cracks, evidence of recent repairs, or any unnatural appearance. Suspicious areas should be
examined satisfactory by reliance on operating or maintenance personnel. All furniture are carefully examined,
all doors opened and drawers are removed as check for concealed compartments. All wires leading into or
leaving the various rooms are traced and all devices connected with them identified. Heating radiators,
plumbing, pipes and similar equipment are carefully examined for dummy installations. All locks and locking
mechanisms are inspected. After the inspection is completed, the room or building is secured until used.

PROTECTIVE TECHNIQUES

PROTECTION WHILE RIDING IN VEHICLES – The selection of security trained driver and the type
of vehicles to be used should be given thought, then a closed car provided with greater concealment and
therefore better protection for the dignitary recommended. Route survey should be conducted in advance
before actual travel and protective details should be equipped with radio communication processing encoding-
decoding “scrambling” capabilities. All auto motive equipment should be excellent mechanical condition and
should be regularly inspected for signs of tampering and bullet proof if possible. The driver should be well
trained and reliable. Vehicles must be secured at all times during security missions. Escort vehicles should
precede the protected vehicle. The security vehicle should follow the protected vehicle as closely as possible
consistent with driving safety. An advance car should precede the convoy by approximately one-half kilometer
to observe hazards and reports on unusual conditions. A reserve vehicle should follow the convoy as a short
distance from the rear for use in emergency. The escort follow-up and all security vehicles should maintain
radio contact. Whenever possible, a member of the security detail is placed in the protected person’s vehicle.
In extreme conditions, when greater security is necessary, one or two dummy vehicles, carrying individuals
who are similar in appearance to the protected person, may be included in the convoy. Fixed post and bridges,
underpass, and traffic stops must be secured when deemed necessary. An alternate route should be arranged
for emergency requirements. Unless indicated by competent security the convoy will confirm with the local
traffic regulations. Evaluation of such situation is made to determine the degree of security, which is practical
and necessary.

TRAVEL BY TRAIN – Generally, the greatest potential security hazard exists at the points where the
escorted person boards or leaves the train. Usually this is a congested area with numerous individuals carrying
all sorts of bags, packages, and containers. In the study of assassination techniques, the large number of
attempts in this location is not worthy. When possible the area should be closed to the public or the dignitary’s
party, it should be attached to the rear of the train where feasible. The members of the security detail should
be in control of all entrances of the car. When the train is stopped, they assume position covering all avenues
of approach to the car. If the protected person leaves the train for a temporary period constant security
should be maintained on the train until the protected person returns and the train departs. Prior coordination
should be made with railway officials for exact scheduling of stop enroute. Railroad security and local police at
scheduled stops can be contracted for standby assistance. When deemed necessary advance and rear guard
train may be placed on the other cars of the train, seated among passengers, as an additional safeguard.

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TRAVEL BY AIR – Normally, a special plane is placed for transporting the dignitary and his official
party. The technical safety factors, such as clearance of operating personnel and control of flight, are
responsibilities of the operating agency when performed by military forces. The most dangerous periods, as in
train, movements are boarding and departure times. All structures offering observation of the boarding shall
be adequately secured either by closing of when not used or by strategic placement of security detail. When a
large crowd is expected for take off ceremonies, barricades and uniformed military or police force in sufficient
numbers should be included in the planning. The plane designated for the important person should be kept
away from contact with the plane. When the designation is another base, advance arrangements should be
made with the Air Force Office for additional security and transportation is normally scheduled for the
important person and his party. It should not be forgotten however, that arrangements must be made for the
accompanying security personnel.

TRAVEL BY SMALL WATERCRAFT – When planning for a cruise, the boats selected should be of
types and sizes capable of withstanding weather and surf conditions that may be encountered. A thorough
inspection of the boat designated for the protected person should be made in conjunction with responsible
ship personnel. The inspection is primarily for unauthorized persons stowing away for any suspicious objects
or packages. An additional check should be made for adequate life saving and emergency facilities. Security
personnel should be alert for either crafts approaching the dignitaries boat. When feasible, arrangements
should be made for a boat to follow the protected person’s boat.

PROTECTION WHILE WALKING – One of the best protective measures is varying the selection of
walking times and routes. The security detail accompanying the dignitary should be positioned to cover all
avenue of access, additional security personnel should cruise in the immediate vicinity. Local police agencies
can be of special value in adding background security in these instances.

PROTECTION AT PUBLIC ASSEMBLIES – A careful search and inspection of the area should be
made at the time protection is established. A physical defense zone should be set up immediately around the
dignitary, and additional concentric defense area should be added to the greatest possible extent. Protection in
the defense zone is provided by protective personnel, permanent or temporary type barricades, and a
combination of the above techniques. Screening points to admit passage of authorized persons and materials
should be established. Observant and inconspicuous personnel should be patrolled among the crowd.
Maximum use should be made of security aid such as flood and spot lights, communications, emergency
equipment, special weapons, locks, barricaded areas, and helmet proof equipment, and materials.

PROTECTION WHILE IN A RESIDENCE – The protective detail should occupy at least one
protective ring. At least two additional areas should be established in the outer perimeter. There must be a
pass system for the staff and frequent visitors. Food suppliers should be checked and food selection and
handling should be controlled, Mail and packages should be fluoroscope. Periodic inspection should be done on
premises for safety hazards, lethal devices such as bombs, traps and sufficiency of security equipment.
Adequate communication should be maintained, and all possible emergency situations should be considered.

PLANNING CONSIDERATIONS

The nature of the Assassin - The assassin is a discontented individual who decides to kill the person
whom he thinks is responsible for his difficulties. He attempts to gain advantage by the use of surprise. A well-
trained protective force that he is likely to be caught does not discourage him. Assassins do not have distinct
features. They are not concerned about death. Many of them suffer from mental disorders. A mentally
unbalanced person is not necessarily stupid and as a matter of fact they can be ingenious.

Assassination of VIP normally feature the following:

1. The location of victim at a given time will be known in advance by the assassin.
2. The assassin with his weapon will choose a position giving him access to his victim.
3. The protection detail will be attracted by some diversionary interest or otherwise inattentive.

Break down of planning

BEFORE: Plan must be extensive and thorough as follows: Plan should be in writing. Plan should be
specific-complete for each post and for each person involved. Plan should be simple to understand and easy to
execute. Plan should be carefully read and committed to memory. Coordination among the different agencies
must be laid out. Details and schedule of activity contemplated should be in advance. Define and establish the
defense area. Number of personnel should be determined. The accessory equipment should be itemized and
the distribution shown. Means of communication
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DURING: Protective force should function as a team. The aim should be that nothing occurs that
might jeopardize the safety of the VIP.

AFTER: Summarize things that happened in the operations. Evaluate individual performance; bring out
the weak points and suggestions for improvements. Encourage individual members to discuss their particular
assignments. Encourage group discussions. Central summarization with outlook on succeeding operations.
BOMBING
(Incident Awareness)

IS BOMBING A SERIOUUS SOCIAL PROBLEM? Bombing is a very serious social problem as when
a bomb explodes, casualties and destruction of property is very essential. When bomb incidents occur, people
are affected directly and indirectly. Work stoppage (evacuation), tension, fear or panic is felt by the people
within the area. Even if a person is not directly affected, just hearing or reading the news about such incidents
can make him apprehensive. Also, some people could take the chance, as leverage to scare or threaten would
be victims for some reasons like extortion or just for pranks. Bomb incidents include bomb threats and actual
bombings. It can happen anywhere and anytime. With the recent advancement of science and modern day
technology, bombs becomes more sophisticated, smaller in sizes, easy to handle, easy to plant, easier to
transport but with more devastating effect.

The tactics common to terror groups is bombing. Of all terrorists incidents recorded. 70% were
attributed to terrorists bomb. The bomb is a popular weapon because it is cheap to produce, easy to make,
has variable uses and is difficult to detect and trace after the event. Investigations have revealed that the
targets for “terrorists bombing” are not selected at random. The modus operandi for selecting the target and
planting the explosives appears to follow this pattern: The target is selected because of political or personal
gain to the terrorists. It is then kept under surveillance to determine the entrances and exits most used.

Reconnaissance of the building is made to locate an area where a bomb can be concealed, do the most
damage and here the bomber is least likely to be observed. A test or dry run of the plan is often made. After
the dry run and at a pre-determined time, the building is infiltrated by the bomber to deliver the explosive or
incendiary device. The device maybe partially pre-set prior to planting. If it is fully set and charged, it is simple
matter for one or two of the group to plant the device in a pre-selected concealed area. This can be
accomplished in a minimum of time. If the device is not fully set and charged, one member may act as lookout
while others arm and place the device. Most devices used for the destruction of property are usually of the
time delay type. These devices can be set for detonation to allow sufficient time for the bomber to be at a
considerable distance away before the bomb threat call is made or the device is detonated.

HOW TO PREPARE (against Bombing)

The terrorists have developed their plan of attack and the following procedures are suggested to
business and industry for coping with the bomb threats and actual bombings. Contact the police, fire
department and other local government agencies to determine whether any has a bomb disposal unit. Under
what condition is the bomb disposal unit available. What is their telephone numbers. How can you obtain the
services of the bomb disposal unit in the event of a bomb threat. Will the said unit assist in the physical
search of the building or ill they only disarm or remove the explosive device. Establish strict procedures for
control and inspection on packages and material entering critical areas. Develop positive means of identifying
and controlling personnel who are authorized to access to critical areas. Arrange if possible, to have police, fire
representatives with members of your staff, inspect the building for areas where explosives are likely to be
concealed. This may be accomplished by reviewing the floor plan of the building. During inspection, you
should keep particular attention to rest rooms, storage, crawl areas, trash bins, main switches, etc. It can give
you an idea where a time delayed explosive device or incendiary device may be concealed. All security and
maintenance personnel should be alert to suspicious looking or unfamiliar persons or objects. Instruct security
and maintenance personnel t make periodic checks of all rest rooms, stairways and other areas of the building
to assure that unauthorized personnel are not hiding or conducting surveillance of the area. You should assure
adequate protection for classified documents, proprietary information and other records essential to the
operation of your business. A well planted, properly charged device could, upon detonation, destroy those
records needed in day to day operation. Instruct all personnel especially those at the telephone switchboard in
what to do if a bomb threat call is received.

As a minimum, every telephone operator or receptionist should be trained to respond calmly to a bomb
threat call. To assist these individuals, a bomb threat checklist should be kept nearby. In addition, it is always
desirable that more than one person listen in on the call. To do this, have a covert signaling system to a
second reception room. A clam response to the bomb threat could result in getting additional information. This
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is specially true if the caller wishes to avoid injuries or deaths. If told that the building is occupied and can not
be evacuated in time, the bomber may be willing to give more specific information on the bomb location.
Organize and train an evacuation unit consisting of key management personnel. The organization and training
of this unit must be coordinated with other tenants of the building.

COUNTER BOMB INCIDENTS

PHYSICAL SECURITY PLAN - Physical security measures taken for the protection of property,
personnel, material, facilities and installation against unauthorized entry, trespass, damage, sabotage or other
illegal or criminal act. It deals with the prevention and is designed to protect against not only bombing
incidents, but a full range of possible attacks. Particular attention must be given to the third pre-requisite
because this is the one area which a law enforcing organization has the greatest opportunity to deter a bomb
incident. If adequate preventive measures and physical security precautions are established; the opportunity
to obtain explosive and emplace bombs will be reduced. In addition, an effective bomb threat plan and a well
rehearsed procedures for handling bomb threats and incidents will reduce the chances f a bomb being
successfully detonated.

COUNTER MEASURES AGAINST SABOTAGE BY EXPLOSIVE/ INCENDIARY ARE;

1. PHYSICAL SECURITY EDUCATION


2. USE OF EFFICIENT SECURITY FORCE
3. IDENTIFICATION AND MOVEMENT CONTROL
4. USE OF PHYSICAL SECURITY AIDS
5. DESIGNATION OR RESTRICTED AREAS
6. SEARCHES OF INCOMING VEHICLES
7. EMERGENCY PLANNING
8. GOOD HOUSEKEEPING

BOMB INCIDENT PLAN- A plan providing detailed procedures to be implemented when a bombing
attack is executed or threatened. Elements of this plan are;

AUTHORITY AND CONTROL

1. WHO WIL BE INCHARGED OF THE INCIDENT?


2. WHERE WILL CONTROL CENTER BE LOCATED?
3. HOW WILL CRITICAL DECISIONS BE MADE?
4. WHO WILL MAN THE CONTROL CENTER?
5. WHAT PRIMARY AND ALTERNATE COMMUNICATION SYSTEM WILL BE DURING THE INCIDENT?

THREAT EVALUATION

1. CHARACTERISTICS OF THE THREATENER SUCH AS AGE, ETHNIC GROUPING, AND PHYSICAL AND
MENTAL CONDITION
2. BACKGROUND NOISES (TELEPHONE THREAT) THAT GIVE INDICATIONS OF CALLER LOCATION.
3. TARGET IDENTIFICATION, DID THE THREAT INDICATE A VALID TARGET?
4. TECHNOLOGY; IS THE DEVICE DESCRIBED TECHNICALLY LOGICAL AND POSSIBLE?
5. ANALYSIS OF RECENT LOCAL BOMBING ACTIVITY. IF THE EVELUATION OF THE THREAT INDICATES
THAT THE THREAT IS VALID, ACTION IS REQUIRED TO MAINTAIN SAFETY OF PERSONNEL.
SECONDARY CONSIDERATION IS GIVEN TO DAMAGE REDUCTION.

EVACUATION

A number of factors may influence the decision whether or not to evacuate. Threat assessment is the
primary consideration. Also, the most likely place for a device to be located is on the exterior of the building.
Evacuation to the outside of the building may increase the danger to personnel. The second most likely places
to conceal a device are those areas of accessibility to the public, i. e., hallways, lobbies, and restrooms.
Evacuation of personnel through public areas may increase the hazard. Secondary assembly points should be
established in the event the device is located at/near the primary assembly point.

An alternative to total evacuation is partial evacuation, which is effective when the threat indicates the specific
location of the device. Partial evacuation requires a high degree of planning. Should a device be located, the
area around the item as well as the floors above and below the suspected item should be evacuated
immediately.
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SEARCH PROCEDURES

1. WHAT WILL BE SEARCHED?


2. WHAT SEARCH TECHNIQUES WILL BE EMPLOYED?
3. WHO WILL SEARCH?

The search must be thorough, systematic, and quick. The bomb threat plan should include floor
diagrams and room search cards. These expedite search, prevent duplication of effort, and prevent areas from
being overlooked. The building search should start simultaneously at four places; the exterior search, public
search area, the detailed room search, and the garage search. The search starts at the lowest part of the
building, i.e. basement, garage, or bottom floor. As the exterior search and public area search teams complete
their tasks, they will supplement the detailed room search teams in progress. Two-person teams have proven
most effective in searching must areas. Exceptions would be for search or very large areas such as parking
garages and auditoriums.

Except for the most unusual circumstances for VIP and or presidential technical security measures,
eod/bomb squad and military/police will not be used to search for reported explosive device in community
areas, building and offices. Rather, such searches must be conducted by designated individuals familiar to the
area and its contents. If an unusual item is found, eod is to neutralize and evacuate the device for disposal.
Law enforcement personnel are to be employed around the threatened area to control traffic and provide
other regulatory service.

DAMAGE REDUCTION

Damage control techniques include standby of fire and medical services; disconnection of gas, fuel, and
electrical power; evacuation of personnel; and venting by opening doors and windows to minimize blast
damage, and use of blast attenuation techniques.

REMOVAL

Removal of an improvised explosive device or a suspect item is an eod function. Under certain conditions
where evacuation is impossible or bomb disposal personnel are not available, it may be necessary for someone
to take steps to remove the ied to an exterior holding area or to neutralize the device. It must be understood
that these procedures should be used ONLY AS A LAST RESORT AND ONLY ON THE APPROVAL OF THE
SENIOR OFFICIALS IN-CHARGE.

DETONATION

If a detonation occurs, it may be necessary to organize rescue teams, first-aid personnel, and the site
security personnel. Likewise course of action taken must be done such as:

1. secure and control access to the compound/and or building


2. control and extinguish fires
3. search area for secondary explosive device
4. supply immediate first-aid, remove dead and injured from the area
5. secure entire blast scene, including area suspected or known to be the point of detonation
6. minimize disruption of the blast scene pending investigation. Do not move or remove any evidence
debris, bomb components.
7. Photograph area including known or suspected point of destruction
8. If building is safe to enter, shake down area to ensure all classified materials

BOMB THREAT

It is a message delivered by any means, warning or claiming the presence of one or more bombs. A
bomb threat may or may not specify the location of a bomb. It may or may not include the time of
detonation/ignition. It may or may not contain an ultimatum related to the detonation/ignition or concealment
of the bomb. Reasonable explanations for receiving a bomb threat:

1. The caller has definitive knowledge or belief that an explosive or incendiary device has been r will be
placed in an area and wants to minimize personal injury or property damage.

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2. The caller wants to create an atmosphere of anxiety and panic which will in turn, possibly result in a
disruption of normal activities at the target area.
3. The caller wants to bring about or amplify a lack of confidence in the existing leadership or programs.
4. Each threat received through any means of communication, should be treated as real and must be
thoroughly evaluated to safeguard life and property. The following procedures apply to recipients of
the threat;

Telephone calls
1. A checklist of guidelines should be readily accessible (telephone bomb threat report form)
2. Keep the caller on line as long as possible. Ask him to repeat the message. Record every word spoken
by the person.
3. If the caller does not indicate the location of the bomb or the time of the possible detonation, you
should ask him for this information.
4. Inform the caller that the building is occupied and the detonation of a bomb could result in death or
serious injury to many innocent people.
5. Pay particular attention to peculiar background noises such as motors running, background music and
any other noises which may give clue as to the location of the caller.
6. Listen closely to voice (male/female), voice quality (calm/excited), accents and speech impediments,
immediately after the caller hangs up, you should report to the person designated by management to
receive such information. Since the law enforcement personnel will want to talk first hand with the
person who received the call, he/she must remain available until they arrive.
7. Report the information immediately to the police/fire/bomb squad and other appropriate agencies or
counter-action.

Handwritten/ typed notes

Save all materials, including any envelope or container. Once the message is recognized as a bomb
threat, further unnecessary handling must be avoided. Every possible effort must be made to retain evidence,
such as fingerprints, handwriting r type writing, paper and postal marks which are essential to tracing the
threat and identifying the writer. While written messages are usually associated with generalized threats and
extortion attempts, a written warning of a specific device may occasionally be received. It should never be
ignored. With the growing use of voice print identification techniques to identify and convict telephone callers,
there will be an increase in the use of written warnings and calls t third parties.

Person to Person (Indirect)

Notify your supervisor immediately. Keep the person making the threat or indicating knowledge of a
threat under surveillance until relieved by your supervisor. Take note of the age, height, weight, sex color of
eyes, hair, skin, clothing, and unusual characteristics such as lameness, twitching or any peculiarities of the
person under surveillance. Observe for other personal defects. If the person leaves the scene, take note of the
transportation used, such as bus, taxi or car, note the make, model, color, plate number and marking of the
vehicles used. Pinpointing the exact location of the bomb must be the primary concern. The following
procedures apply when the location of the bomb is known:

1. Inform immediately your supervisor or officer


2. Coordinate with the nearest police4 unit on how t avail the services of the bomb squad
3. Alert fire station and medics
4. Cordon the area.
BOMB IDENTIFICATION AND DETECTION

Usually, bombs that are used for terroristic purposes are disguised and are contained in any of the
following:

GIFT WRAPPED PACKAGES, BISCUIT CANS, FRUIT COCKTAIL BASKETS, ATTACHE CASE/SUIT CASE,
LUNCH BOXES, LAUNDRY BAGS, SHOPPING BAGS, ENVELOPE, BOOKS, CLUTCH BAGS, LETTERS,
TRASH BOXES, GARBAGE CANS, LADIES BAGS, CAR/BOXES, CARTONS,

HOW TO DETERMINE IF BOMB EXISTS

1. By using visual inspection without the use of any instrument or apparatus or touching the suspected
object.
2. visualize the suspected object at a distance t see if there is any relation or connection to its
surroundings. If none, take a closer look to see if there is or there are protruding wires or gadgets;
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3. check without touching if the suspected object emits smell of gas or commonly smelled chemicals;
4. check if the presence of the suspected object in the area is unusual or strange;
5. be quiet and listen if there is a tic-tac sound of a clock

LOCATION OF BOMBS

1. The location of the bomb at the target site is usually determined by three criteria:
2. The location must be accessible to entrances.
3. The location must be accessible to exits, but isolated enough for the bomber to conduct his mission.
4. The location would also be as place where the most structural damage to the building would occur.

WHAT TO DO IF THE SUSPECTED BOMB IS LOCATED

Discovery of what appears to be suspicious material as a result of telephoned information or accidental


discovery, calls for action on the part o the individual only to a limited extent. Evacuate the personnel to at
least 300 feet away from the building/bomb. Turn off the electrical and gas units. N attempts should be made
to move, alter, open or examine the article. Above all “Don’t panic”. Once it has been determined that
explosive items on inspected package exist and while awaiting for the arrival of eod/bomb squad personnel,
start the protective works by utilizing minimum number of person for reason of safety such as VENTING –
which is the opening of doors and windows to minimize the blast effect; BUTTRESSING – which is
sandbagging adjacent walls to prevent blast and shock damage to adjacent rooms and BAFFLING – which is
the placing of sandbags around the bomb to minimize blast fragment damage.

METHODS OF DELIVERY - Mail, Planted (booby trapped), Thrown, Projected, Delivered by agents

WHAT TO DO WHEN BOMB EXPLODED - Alert personnel for possible additional bombs, secure bombing
scene and evacuate the injured, leave obviously dead personnel, when fire occurs after explosion, assist in
putting off the fire and collect and preserve evidence.

DON’T’S IN HANDLING SUSPECTED BOMB PACKAGE

1. Do not attempt to open the package.


2. Do not submerge in water due to conductivity f electric circuit and the possibility of violent reaction of
chemical.
3. Do not indiscriminately shake or jar suspected package due to the possibility of disturbing the trigger
mechanism.
4. Do not puncture or cut the box with metallic object as the possibility of an electronic probe may be
employed.
5. Do not cut string or unwrap package due to the possibility of pressure release type devices
6. Do not accept identification markings on any suspected packages as legitimate
7. Do not allow radio transmission near the vicinity f suspected package, explosion may occur due to
static electricity by transmitter.
8. Do not pass metallic tools or things over or near the vicinity of suspected package until identification f
contents are made due to magnetic device present
9. Do not switch on lights or any electrical switches just to light up the area
10. Do not use siren of police, fire or ambulance in the area.
11. Do not use photoflash in the immediate area
12. Do not underestimate the size of the package like a pack of cigarette or a lighter; it could be a
powerful explosive. Above all, do not panic.

THREE CHARACTERISTICS OF A BOMBER

ON PSYCHOLOGY
 Several forms of bombings are attractive to the radical mind.
 Bombing historically is linked to anarchy and classical revolution
 Bombing is a symbol of extreme frustration
 Satisfying feeling of conspiracy, danger, action, drama and finally group excitement
 Disassociation psychologically from any resulting death or injury

AS TO TECHNOLOGY
 Commercial explosive materials are not necessary to construct effective bombs.
 Underground literatures and legitimate publications are available

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 Contrary to popular beliefs, college of high school students taking up chemistry subjects have the
capability of making bombs.

AS TO SECURITY
 Successful bombings destroy the kind of evidence that can lead to conviction of bombers.
 Fingerprints, bloodstains and tool marks offer no threat to the careful bombers.
 Eyewitnesses and incriminating evidence are frequently not available in bombing scene.

BOMBER SKILL MOTIVATING FACTORS OF A


LEVEL BOMBER
Amateur Experimentation
Semi-professional Vandalism
Professional Ideological perception
Emotional release
Profit

SPECIAL WEAPONS AND TACTICS (SWAT): Tactical Crisis Management

Tactical Crisis Management

SWAT Teams

SWAT teams are highly trained police units. A unit is a small group within a larger group. SWAT stands
for Special Weapons and Tactics. Tactics are actions aimed at solving problems. SWAT team members are
weapons and tactics specialists. A specialist is a person trained for a particular job. SWAT team members use
their special weapons, tactics, and training to protect the public. They handle police emergencies. An
emergency is a sudden and risky situation. Police send SWAT teams to any kinds of police emergencies. The
emergencies often involve one or more heavenly armed suspects. A suspect is a person believed to have
committed a crime. SWAT teams work on hostage situations. A hostage is a person held against his or her will.
SWAT teams perform many jobs. They come to robberies that are in progress. They help guard government
officials. They help stop terrorists. A terrorist is a person who tries to get what he or she wants by threatening
or harming others. SWAT teams also patrol high-crime areas.

SWAT Team Names

SWAT teams can be part of city, county or state law enforcement agencies. A law enforcement agency
is an office or department that makes sure people obey laws. Police department and sheriffs departments are
examples of law enforcement agencies. Law enforcement agencies use different names for their SWAT teams.
The names include Emergency Service Unit and Emergency Response Team. They also include Mobile
emergency Response Group and Equipment (MERGE) and Tactical Response Team.

SWAT Team Beginnings

The New York Police Department (NYPD) had one of the earliest specially trained police units. In the
mid-1880s, the NYPD set up small units of police officers. The department called these units strong-arm
squads. The squads fought criminal gangs. Police clubs were their only weapons. By the 1920s, criminal
gangs had grown in size and power. The gangs bought handguns, rifles and submachine guns. A submachine
gun is a light gun that fires rapidly. The criminal gangs fought one another on New York City streets. Many
innocent people died. In 1925, the NYPD formed the Emergency Service Unit (ESU). The department also
formed the Gunman’s Squad as part of the unit. The squad included 60 heavily armed police officers. The
officers had handguns, rifles and submachine guns. They worked on cases involving criminal gangs. They
patrolled the city in green trucks. Other large police departments formed early SWAT team units. These units
also worked to stop criminal gangs.

Growth and Change

The Gunman’s Squad is a good example of how the early SWAT teams grew and changed. This squad
became the Mobile Security Unit (MSU) in the late 1940s the new unit larger than the old unit. It continued to

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fight criminal gang activity. The MSU changed in the late 1960s. More people lived in New York City. The
number of murders and robberies increased. The MSU formed the Stakeout Squad to fight the increase in
crime. The NYPD’s best police officers joined the Stakeout Squad. Each member was a skilled police officer
and marksman. A marksman is a person skilled and aiming and shooting guns. The Stakeout Squad work on
difficult cases. It helped the NYPD lower the number of murders in the city. In the 1970s, Stakeout Squad
officers learned new skills. They learned anti-terrorist tactics and special weapons skills. Officers also learned
how to rescue hostages. The skills helped them fight terrorists. In the 1980s, the squad was taken over by the
Emergency Service Unit. Today, this unit controls all NYPD SWAT operations.

The LAPD SWAT TEAM

The Los Angeles Police Department (LAPD) changed law enforcement around the country in the 1960s.
Los Angeles police officers found themselves outgunned by criminals. The criminals had powerful weapons. So
the LAPD formed a specially trained and armed police unit to protect people. The LAPD named the unit the
Special Weapons and Tactics (SWAT) team. Team members received special weapons training. They also
learned how to handle police emergencies. The team was very successful. Other police and sheriffs
departments saw the success of the Los Angeles Police Department’s SWAT team. Many departments formed
their own SWAT teams. Today, special training centers in the United States train and organize many SWAT
teams. The centers teach SWAT team members tactics and weapons skills.

SWAT Team Officers

There are more than 17,000 police departments in the United States. Many have either full-time or
part-time SWAT teams. Many SWAT team officers work more than 40 hours each week. Most officers are on
call 24 hours a day. On call means ready to work at anytime. SWAT team officers perform hard and risky
work. They risk their lives each time they go out on a police emergency. Police officers are not ordered to join
SWAT teams. Instead, they volunteer. Volunteer means to offer to do a job.

Training

SWAT team officers receive special training. Large police departments usually conduct their own
training. Officers in small units receive SWAT training from large units and from training centers. The federal
government also trains large and small SWAT teams. The FBI operates an advanced training school at
Quantico, Virginia. The U.S. Army and U.S. Marine Corps also conduct training classes. During training, officers
learn through classes and field work. Officers learn about different weapons and practice using them. Officers
also receive other training. Many officers learn advanced first aid. First aid is early medical help. Some officers
learn to be sharpshooters. A sharpshooter is a marksman skilled at hitting small or distant targets. Some
officers learn to handle and use tear gas. Tear gas is a gas that causes a painful burning feeling in the eyes
and lungs. Tear gas disable suspects. Other officers learn communication skills. Communication is the sharing
of information. Communication allows officers to calm suspects by talking to them.

Special Teams

Most SWAT teams include three kinds of smaller specialized teams. They include negotiator teams,
containment teams, and entry teams. Each team performs a different kind of job. Sometimes only one
specialized team works on an emergency. Other times, all three teams work together.

Negotiator Teams

Negotiators are communication experts. They listen and talk to suspects during police emergencies.
Negotiators use words to reason with suspects and solve problems. They often work on hostage situations.
They try to convince suspects to free their hostages and surrender. Surrender means to give up peacefully.
Negotiators have to be calm. They must think carefully about each word they say. They do not want to upset
a suspect. This could cause a suspect to harm hostages. Negotiators may spend hours talking with suspects.
Sometimes they use phones and talk from a safe distance. Other times they talk with suspects in person. In
these cases, suspects will often talk only if negotiators do not have weapons.

Containment Teams

Containment teams control and contain crime scenes. Contain means to hold in. they make sure
innocent people do not become involved in situation. They also make sure that suspects do not escape.
Containment officers make observations and report what they see to their leaders. Sometimes they have to
shoot at suspects. Containment officers take different positions at a crime scene. They choose locations that
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help them see what is happening. Some may crouch on rooftops. Some may stand in doorways. Others may
take positions behind cars. Containment officers are patient. They control their emotions while under pressure.
Containment officers also think carefully before they shoot. Careless shots could not hurt innocent people or
lead to deadly shoot-outs.

Entry Teams

Entry teams enter and search buildings. Their job is of find and captures suspects in the buildings. They also
try to locate and rescue hostages. Sometimes entry team officers must secure crime scenes. This means they
prevent suspects from harming others or killing themselves. Entry team officers also prevent suspects from
escaping or destroying evidence. Evidence is facts or objects that help prove guilt. Entry team officers can
break through locked or barricaded entrances quickly. Barricaded means blocked. The officers use tools to
break windows and push through doors. Quick entries allow officers to catch suspects off guard. This makes
entry operations safer.

SWAT TEAMS OPERATIONS

All swat teams try to resolve police emergencies as quickly and safely as possible. They want to
capture suspects without harming the public, hostages, or the suspects. SWAT teams work carefully during
their operations to reduce chances of harm or death. SWAT teams use different tactics to reach these goals.
They try peaceful tactics first.

Peaceful Tactics

Waiting is one peaceful tactics SWAT teams use. SWAT teams sometimes wait for hours before they
take more forceful action. Waiting gives suspects a chance to think about what they are doing. SWAT teams
try to resolve police emergencies with peaceful tactics. It also suspects time to think about what may happen
to them. Sometimes suspects surrender after they have time to think. Persuasion and negotiation are other
tactics SWAT teams use. Persuasion is trying to change a person’s mind. Negotiation is talking to reach an
agreement. The goal of these tactics is to talk suspects into surrendering without harming others. Many
times, SWAT teams use other tactics in combination with persuasion and negotiation. For example, teams
may cut the heat or air. They may constantly ring doorbells or call suspects on the phone. These tactics
make the suspects nervous. Sometimes they make criminals more willing to surrender.

Forceful Tactics

SWAT teams change their tactics if more force is needed. They use forceful tactics when negotiation
and persuasion tactics fail. They also use forceful tactics if the lives of hostages and officers are in danger.
Forceful tactics include the use of tear gas. Forceful tactics include using tear gas, storming buildings, and
attacking with sharpshooters. Tear gas is the least forceful of these tactics.

Tear Gas

SWAT team officers often use tear gas as their first forceful tactic. Officers shoot cans of tear gas
through windows and doorways with tear gas guns. The tear gas makes suspects’ eyes burn and swell. The
suspects have a hard time breathing in rooms filled with the tear gas. Tear gas often disables suspects. This
allows officers to arrest suspects safely. Other times, tear gas forces suspects to surrender.

Entering a Building

Sometimes officers must enter buildings to try to capture suspects. Entry teams meet at a staging are
before entering a building. A staging area is a safe area near a building that officers plant to enter. Entry
team members check their equipment and weapons at staging areas. They also go over their plans for entry.
Next, the entry teams enter buildings. They must often break through barricaded doors and windows. Once
inside, officers search rooms and hallways. They search until they locate suspects and hostages. Entry team
officers try to capture and disarm suspects. Disarm means to take away a person’s weapons. Many times
suspects surrender when they see entry teams. Sometimes suspects shoot at the officers. The officers shoot
back. Entry team officers often turn captured suspects over to arrest teams. Arrest teams arrest captured
suspects. They make sure nothing goes wrong during arrest. They may also help hostages out of buildings.

Sharp shooting Teams

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Sharpshooters may have to shoot suspects. This may become necessary if suspects try to harm
hostages, officers, or innocent bystanders. Sharpshooters may receive orders to shoot suspects in these
situations. Many SWAT units have sharp shooting teams. Each team includes two officers. One officer works
as an observer. The other works a sharpshooter.

Sharp shooting Team Operations

Sharp shooting teams choose locations that give them clear views of suspects. Both members examine
crime scenes from their location. Observers provide information about suspects to sharpshooters and SWAT
team leader. The information includes descriptions of suspects, their weapons, and their positions in
buildings. Observers’ information helps sharpshooters make sure they do not shoot at innocent people.
Sharpshooters stay calm and keep their weapons aimed at suspects. Orders to shoot a suspect can come at
any time during an operation.

Special Weapons

SWAT team officers use special weapons. Many of the weapons are powerful guns. At crime scenes,
the weapons help the officers protect themselves and capture suspects. But SWAT team members do not use
their weapons unless peaceful tactics fail. Different weapons are useful in different situations. Some weapons
are useful in short-range situations. Other weapons are useful in long-ranger situations.

Stun Guns and Rubber Bullets

Sometime SWAT team officers use impact weapons. Impact weapons disable suspects. SWAT team
officer use powerful weapons. Sometimes SWAT team officers use submachine guns. Without killing them.
These weapons fire rubber or plastic bullets. Using impact weapons reduces the risk of harm to hostages and
the public. Sometimes officers use stun guns. A stun gun is a device that delivers an electric shock. The
shock stuns suspects.

Semi – automatic Handguns

Most SWAT team officers carry semi – automatic handguns. A semi – automatic handgun is a powerful
gun that fires bullets quickly. These handguns are short –range weapons. They work best for targets within
25 yards (23 meters). Semi – automatic handguns hold 14 to 17 rounds in each magazine. A round is a bullet.
A magazine is a metal or plastic case that fits inside a gun. Magazines allow officers to reload their handgun
quickly.

Shotguns

Sometime SWAT team officers use shotguns. A shotgun is a powerful gun wit a long barrel. Shotguns
are mainly short-range weapons. They may be single-shot or semi-automatic weapons. Shotguns fire large
bullets called shells. SWAT teams often use the Benelli M3 Super 90 shotgun. This shotgun is a semi-
automatic. It holds up to seven shells stored in a magazine.

Submachine Guns

SWAT teams use submachine guns during shootouts with heavily armed suspects. Submachine guns
fire rapidly but are not easy to aim. SWAT team submachine guns can fire single or multiple rounds. They fire
multiple rounds in short and long bursts. A short burst is a quick series of two or three rounds. A long burst
is a quick series of four to eight rounds. Many SWAT teams use the Heckler and Koch MP-5 submachine gun.
Most MP-5 can fire 30 shots in just two seconds.

Standard Rifle

SWAT teams use different rifles in different situations. Rifle gives officers dependable aim, firepower,
and range. The M-16 is the standard SWAT team rifle. The M-16 is light. This makes it easy to carry and use.
The M-16 has a dependable range of 50 to 200 yards (46 to 183 meters). Each magazine for the M-16 holds
up to 30 rounds. These features make the rifle useful in many situations.

High-Powered Rifles

SWAT team officers use high-powered rifles for long-distance shooting. Containment officers and
sharpshooters use high – powered rifles to improve their shots. High-powered rifles fire high-powered rounds.
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They are large rifles with long barrels. They have telescopes on them. A telescope is an instrument that
makes distant objects seem larger and closer. Telescopes help sharpshooters aim their rifles. High-powered
rifles have ranges up to several hundred yards. Fifty-caliber rifles are the largest high-powered rifles SWAT
teams use. These rifles weigh up to 40 pounds (18 kilograms) and are at least five feet (1.5 meters) long.
The rifles shoot rounds powerful enough to punch through metal and concrete. Officers use these rifles to
shoot at suspects inside buildings.

Equipment and Dogs

SWAT team officers use different kinds of equipment. The equipment ranges from clothing to
helicopters. Officers also work with police dogs. The dogs and equipment help make SWAT team operations
easier and safer.

Uniforms

Many SWAT team officers wear black or dark blue uniforms. During operations, the uniforms help
SWAT team officers identify each other. Sometimes SWAT team officers wear camouflage uniforms.
Camouflage uniforms have coloring that makes officers blend in with their surroundings. Many camouflage
uniforms are green and brown. These uniforms help officers stay hidden from suspects.

Armored Vests and Shields

All SWAT team officers wear armored vest. Armor is a protective covering. Armored vests can protect
officers from gunshots. Officers wear two kinds of armored vests. One kind fits over uniforms. The other
kind fits over uniforms. The other kind fits under uniforms. Entry team officers often use armored shields in
addition to their armored vests. The shields are made of lightweight armor. They provide added protection
against gunshots and small explosions.

Goggles and Gas Masks

Many SWAT team officers wear goggles. Goggles are protective glasses that fit tightly around the
upper face and eyes. They protect officers’ eyes from dirt, dust, and smoke. Some SWAT teams use night
vision goggles. Night vision goggles let SWAT team officers see in the dark. The goggles are useful during
night operations or inside dark buildings. SWAT team officers wear gas masks when they use tear gas. A gas
mask keeps a person from breathing gas. Gas masks help entry teams work in areas where tear gas is
present.

Entry Tools

Entry team officers often need tools to get into barricaded buildings. Basic tools include ropes and
ladders. Tools can also include battering rams, sledgehammers, and axes. A battering ram is a heavy metal
tube. Officers use battering rams to force open doors. Entry teams recently started using small amounts of
explosives. The explosives can blow holes in doors and walls. But the explosives present little danger to
SWAT team members and suspects.

Helicopters

Some SWAT teams use helicopter. Helicopters carry SWAT teams to emergencies located in hard to
reach places like rooftops. Helicopters also let officers examine crime scenes from the air. This helps them
plan their operations.

Walkie Talkies and Telephone

Communications is important to SWAT team officers. Officers often use walkie talkies. Walkie talkies
are small two-way radios. Officers use walkie talkies to tell each other what is happening during operations.
Sometimes SWAT teams use telephones to talk with suspects. Telephones also let team member speak to
other people during operations.

Swat Team Dogs

Many large SWAT teams use police dogs. Police dogs work with some SWAT officer as K-9 teams. K-9
is short for canine. Canine means dog. Most police dogs are German shepherds. Police dogs help officers find
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suspects. The dogs follow suspects’ scents to the suspects’ hiding places. Police dogs also chase and stop
escaping suspects. They often stop suspects by biting the suspects’ arms and legs.

Facing the Risks

SWAT team duty is challenging and risky work. Officers risk death each time they work on a police
emergency. Many officers volunteer for SWAT team duty because they like challenge and excitement. But
most SWAT team officers volunteer because they want to protect the public.

JUVENILE DELINQUENCY & CRIME PREVENTION

DEFINITION OF TERMS

ABANDONMENT - The most common legal grounds for termination of parental rights, also a form of
child abuse in most states. Sporadic visits, a few phone calls, or birthday cards are not sufficient to maintain
parental rights. Fathers who manifest indifference toward a pregnant mother are also viewed as abandoning
the child when it is born.

ABUSE - Term for acts or omissions by a legal caretaker. Encompasses a broad range of acts, and
usually requires proof of intent.

ADJUDICATION - The phase of a delinquency hearing similar to a "trial" in adult criminal court,
except that juveniles have no right to a jury trial, a public trial, or bail.

ADMINISTRATIVE PROCEDURE - Any of the processes involving enforcement of care, custody, or


support orders by an executive agency rather than by courts or judges.

ADOPTION - A legal relationship between two people not biologically related, usually terminating the
rights of biological parents, and usually with a trial "live-in" period. Once an adoption is finalized, the records
are sealed and only the most compelling interests will enable disclosure of documents.

BEST INTERESTS OF THE CHILD RULE - Legal doctrine establishing court as determiner of best
environment for raising child. An alternative to the Parens Patriae Doctrine.

BREED v. JONES (1975) - Case allowing second prosecution in adult court for conviction in juvenile
court, based on idea that first conviction was a "civil" matter.

CASE LAW - Law established by the history of judicial decisions in cases decided by judges, as
opposed to common law which is developed from the history of judicial decisions and social customs.

CHILD PROTECTION ACTION - The filing of legal papers by a child welfare agency when its
investigation has turned up evidence of child abuse. This is a civil, rather than criminal, charge designed to
take preventive action (like appointment of a Guardian ad litem) for at-risk children before abuse occurs.

CHILD SUPPORT – the act of being responsible for enforcing child support obligations.

CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law allowing courts to take
extraordinary steps in protecting the emotional health of any child called to testify in a courtroom.

CHINS (CHild In Need of Supervision) - A term applied to status offenders adjudicated in juvenile
court.

CIVIL PROTECTION ORDER - A form of protective custody in which a child welfare or police agency
order an adult suspected of abuse to leave the home.

CUSTODIAL CONFINEMENT - Court order for placement in a secure facility, separate from adults,
for the rehabilitation of a juvenile delinquent.

DELINQUENCY PROCEEDING - Court action to officially declare someone a juvenile delinquent. A


"delinquent" is defined as under the age of majority who has been convicted in juvenile court of something
that would be classified as a crime in adult court.

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DEPENDENT - Anyone under the care of someone else. A child ceases to be a dependent when they
reach the age of emancipation.

DeSHANEY v. WINNEBAGO COUNTY (1989) - Case limiting extent by which government exercises
parens patriae power.

DISPOSITION - Phase of delinquency proceeding similar to "sentencing" phase of adult trial. The
judge must consider alternative, innovative, and individualized sentences rather than imposing standard
sentences.

DIVERSION - An alternative to trial decided upon at intake to refer the child to counseling or other
social services.

EMANCIPATION - Independence of a minor from his or her parents before reaching age of majority.

EQUAL PROTECTION – A clause requiring government to treat similarly situated people the same or
have good reason for treating them differently. Compelling reasons are considered to exist for treating children
differently.

FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated children from suing their
parents.

FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a child's
negligent driving or other actions.

FOSTER CARE - Temporary care funded via Federal-State pass-through and arranged by a child
welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and medical treatment
for anyone raising a child that is not their own.

GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring to adults who look after the
welfare of a child and represent their legal interests.

GUARDIANSHIP - Court order giving an individual or organization legal authority over a child. A
guardian of the person is usually an individual and the child is called a ward. A guardian of the estate is
usually an organization, like a bank, which manages the property and assets of a child's inheritance. Guardians
are usually compensated for their services.

ILLEGITIMACY - Being born to unmarried parents. The law assumes legitimacy via a married
mother's husband, whether or not this is the true father. Illegitimacy status limits inheritance rights.

IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having some
temporary parental rights & obligations.

IN RE GAULT (1967) – (US) - Case that determined the Constitution requires a separate juvenile
justice system with certain standard procedures and protections, but still not as many as in adult systems.

INTAKE - Procedure prior to preliminary hearing in which a group of people (intake officer, police,
probation, social worker, parent and child) talk and decide whether to handle the case formally or informally.

JUDGMENT - Any official decision or finding of a judge or administrative agency hearing officer upon
the respective rights and claims of parties to an action; also known as a decree or order.

KENT v. U.S. (1966) - Case requiring a special hearing before any transfers to adult court.

MATERNAL PREFERENCE RULE - Legal doctrine granting mothers custodial preference after a
divorce.

NEGLECT - Parental failure to provide a child with basic necessities when able to do so. Encompasses
a variety of forms of abuse that do not require the element of intent.

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PARENS PATRIAE - Legal doctrine establishing "parental" role of state over welfare of its citizens,
especially its children. A 19th century idea first articulated in Prince v. Massachusetts (1944).

PAROLE - Release of a juvenile delinquent from custodial confinement prior to expiration of sentence;
sometimes called aftercare.

PATERNITY - Result of lawsuit forcing a reluctant man to assume obligations of fatherhood. Blood
and DNA tests showing a 98 or 99 percent likelihood are the standard. Laws vary widely in terms of statutes of
limitations and when paternity actions will not be allowed (estoppel).

PLEADING - In juvenile court, a plea of "not guilty" will move the case to adjudication, and a plea of
"guilty" or "nolo contendere" will result in waiver of the right to trial. State procedures vary widely in how
intelligent and voluntary pleas are accepted.

PRELIMINARY HEARING - The bringing of a juvenile before a magistrate or judge in which charges
are formally presented. Similar to an arraignment in adult court, and also called "advisory hearings" or "initial
appearances" in some state juvenile justice systems.

PREVENTIVE DETENTION - Keeping a juvenile in custody or under a different living arrangement


until the time when an adjudication can take place. Upheld in Schall v. Martin (1984), but the right to speedy
trial requires the dropping of charges if an unreasonable amount of time is spent in preventive detention.

PROTECTIVE CUSTODY - Emergency, temporary custody by a child welfare agency, police agency,
or hospital for reasons of immanent danger to the child. A hearing must be held for the benefit of the parents
within a few days.

PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting custody to the parent whom the
child feels the greatest emotional attachment to.

RESTITUTION - A disposition requiring a defendant to pay damages to a victim. The law prohibits
making restitution a condition of receiving probation. Poor families cannot be deprived of probation simply
because they are too poor to afford restitution. Some states do not allow families to pay restitution.

RULE OF SIXTEEN – (US) - Federal and state laws that prohibit anyone under age 16 from
employment.

STANFORD v. KENTUCKY (1989) - Case in which it was determined constitutional to execute


juveniles between the ages of 16-18, but unconstitutional if they committed crimes while under age 16. Won
by a narrow majority, as in the 1988 case of Thompson v. Oklahoma which relied upon "standards of
decency".

STATUS OFFENSE - An activity illegal when engaged in by a minor, but not when done by an adult.
Examples include truancy, curfew, running away, or habitually disobeying parents.

STEPPARENT - A spouse of a biological parent who has no legal rights or duties to the child other
than those which have been voluntarily accepted.

SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with an intent of giving the
child up for adoption to specific parties.

TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very young children
should be placed in custody with their mother following a divorce.

TERMINATION HEARINGS - Process for legally severing the parent-child relationship. Initiated by
the filing of a petition in family court, and almost always brought forth by a child welfare agency. Requires a
finding of "unfitness" and a determination of the best interests of the child.

UNFIT PARENT - A temporary or permanent termination of parental rights in the best interest of the
child usually for reasons of abandonment, abuse, or neglect, but also including mental illness, addiction, or
criminal record. Poverty alone and character flaws are prohibited by law from being indicators of "unfitness".
ENVIRONMENTAL FACTORS TO DELINQUENCY

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Families, peers, schools, and socioeconomic status are all social factors that are examined in many of
the causal theories. Demographics and the relationships one has in society are also examined in some of the
explanatory theories. Families are important to consider when we explain juvenile delinquency. The family
unit is crucial to a child's development and healthy upbringing. In addition, much of what a child learns is
through their family or guardians. A criminal parent can teach their child adverse lessons about life when their
child views or witnesses their parent's delinquent behavior. Peers can also teach an adolescent or child
criminal behavior just as the family member can. Family members and peers can also cause delinquent
patterns of behavior by labeling their child as delinquent. This is somewhat of the "if the shoe fits, wear it"
saying. If a child feels as though they are viewed as delinquent, then they will act as such and find a sense of
self-esteem by doing so.

Even though the family and peers (as well as the school) can influence a juvenile to participate in
crime, the decision still rests on their shoulders. Some theorists argue that participation in crime is a rational
choice and that the rewards and consequences are carefully calculated out by the individual. The choice to
commit a crime can by influenced by many factors, including the ones that I outlined here. However, if a
juvenile has many ties or bonds to members in society, they are less likely to make the choice to commit a
crime for fear of ridicule, embarrassment, or scorn from those they associate with. The demographic
characteristics of a person's living environment can also be a contributing factor to criminal patterns of
behavior. Adverse living conditions and a crime-prone neighborhood can lead to criminal activity. There are
also various structural theories that can put juvenile delinquency in a context of better understanding.

In order to simplify the environmental sources of delinquency, the following are considered:

FAMILY BACKGROUND

The Home - The family or the home is one of the most influential environmental factors that would
lead a person to either a law abiding or a criminal. It is said that the home is considered as the “cradle of
human personality” for in it the child forms fundamental attitudes and habits that endure through out his life.

The kind of conscience the child develops depends largely upon the kind of parents he has. The
parents are the most influential persons in the family when they give love, attention, guidance, security,
standards and all other things that the child needs, the children are the mirror of the home for they reflect
what the home look like. Thus, a child who was provided with love, attention, guidance, security, standards
and all other things he needs comes to regard people as friendly, understanding, dependable, loyal, and
worthy of his respect and admiration. On the other hand, if he experienced cold, despairing, rejecting,
neglectful, and cruel environment in the home, most likely he will learn to distrust, disobey, dislike and even to
hate people (Tradio, 1983).

Given a home, the child tends to become law abiding if the following conditions are met:

1. The Child is loved and wanted and knows it.


2. He was helped to grow up by not having too much or too little done for him.
3. He is part of the family; he has fun with the family he belongs.
4. His early mistakes and badness are understood as a normal part of growing and he is corrected
without being hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his sisters and brothers.
7. The family sticks together with understanding and cooperation.
8. He is moderately and consistency disciplined.

The family is the primary institution that molds a child to either a law-abiding person or a delinquent.
The effects of pathological social relations in the home are to a great extent influence anti- social behaviors.
This means that the home can be a potent force of either good or evil.

(See Discussion of the Pathogenic Family structures)

THE BROADER SOCIAL PROCESS

Bad Neighborhood - refers to areas or places in which dwelling or housing conditions are
dilapidated, unsanitary, and unhealthy which are detrimental to the moral, health, and safety of the populace.
It is commonly characterized by overcrowding with disintegrated and unorganized inhabitants and other close
relatives. Most inhabitants in a bad neighborhood are experiencing economic difficulties, alcoholism,
substance abuse, gambling and many other problems in life. This connotes that bad neighborhood is the
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habitat of bad elements of society by reason of anonymity because the situation is so conducive for the
commission of crimes. Bad elements prefer to dwell in such community not only because of the sense of
anonymity among its members but also because they are not welcome in decent places.

The School - Part of a broader social process for behavior influence is the school. It is said that the
school is an extension of the home having the strategic position to control crime and delinquency. It exercises
authority over every child as a constituent. The teachers are considered second parents having the
responsibility to mold the child to become productive members of the community by devoting energies to
study the child behavior using all available scientific means and devices in an attempt to provide each the kind
and amount of education they need. The school takes the responsibility of preventing the feeling of insecurity
and rejection of the child, which can contribute directly to maladjustment and to criminality by setting up
objectives of developing the child into a well-integrated and useful law-abiding citizen. The school has also the
role of working closely with the parents and neighborhood, and other community agencies and organizations
to direct the child in the most effective and constructive way.

However, the school could be an influence to delinquency and criminality when teachers are being
disliked for they are too cross, crabby, grouchy, never smile, naggers, sarcastic, temperamental,
unreasonable, intolerant, ill mannered, too strict, and unfair. Conditions like these makes the students
experience frustration, inadequacy, insecurity, and confusion, which are most of the time the “kindergarten of
crime”. In short, next to parents the teachers stand as foremost in their influence to human behavior.

The Church - Religion is a positive force for good in the community and an influence against crime
and delinquency. The church influences people’s behavior with the emphasis on morals and life’s highest
spiritual values, the worth and dignity of the individual, and respect for person’s lives and properties, and
generate the full power to oppose crime and delinquency. Just like the family and the school, the church is
also responsible to cooperate with institutions and the community in dealing with problems of children,
delinquents and criminals as regardless to the treatment and correction of criminal behaviors.

The Police - is one of the most powerful occupation groups in the modern society. The prime mover
of the criminal justice system and the number one institution in the community with the broad goals
maintaining peace and order, the protection of life and property, and the enforcement of the laws. The police
is the authority having a better position to draw up special programs against crime because it is the very
reason why the police exist. That is to protect the society against lawless elements since they are the best
equipped to detect and identify criminals. The police is the agency most interested about crime and criminals
and having the most clearly defined legal power authority to take action against them.

Government and Other Components of the CJS - The government and the other components of
the criminal justice system are the organized authority that enforces the laws of the land and the most
powerful in the control of people. Respect for the government is influenced by the respect of the people
running the government. When the people see that public officers and employees are the first ones to violate
the laws, people will refuse to obey them, they set the first ones to follow and create an atmosphere
conductive to crime and disrespect for the law. In this regard, the government itself indirectly abets the
commission of crimes.

Non-Government Organizations (NGOs) - The group of concerned individuals responsible for


helping the government in the pursuit of community development being partners of providing the common
good and welfare of the people, these non-government organizations are good helpers in providing the
required services, thus preventing criminality and maintain order.

The Mass Media - The media is the best institution for information dissemination thereby giving the
public necessary need to know, and do help shape everyday views about crime and its control.
CONCEPTS OF JUVENILE DELINQUENCY

Delinquency in General

Delinquency refers to any action; course or conduct that deviates from acts approved by the majority
of people. It is a description of those acts that do not conform to the accepted rules, norms and mores of the
society (sociological definition) Delinquency, therefore, is a general term for any misconduct or misbehavior
that is tantamount to felony or offense. It is, however distinct from crime in the sense that the former may be
in the form of violation of law, ordinance or rule but it is punishable only by a small fine or short-term
imprisonment or both. Legally speaking, delinquency means the failure to perform an act required by law, or
the non-performance of a duty or obligation that is mandated by existing law or rule.

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Juvenile Crime

Juvenile Crime, in law, term denoting various offences committed by children or youths under the
age of 18. Such acts are sometimes referred to as juvenile delinquency. Children's offences typically include
delinquent acts, which would be considered crimes if committed by adults, and status offences, which are
less serious misbehavioral problems such as truancy and parental disobedience. Both are within the
jurisdiction of the juvenile court; more serious offences committed by minors may be tried in criminal court
and be subject to prison sentences. In law, a crime is an illegal act committed by a person who has criminal
intent. A long-standing presumption held that, although a person of almost any age can commit a criminal
act, children under 14 years old were unlikely to have criminal intent. Many juvenile courts have now
discarded this so-called infancy defense and have found that delinquent acts can be committed by children
of any age.

Juvenile Delinquency

The term juvenile delinquency is used to describe a large number of disapproved behaviors of children
or youths. In this sense, almost anything that the youth does which others do not like is called juvenile
delinquency. However, criminologist suggested the following factors of juvenile delinquency:

1. Juvenile delinquency includes the behavior specifically defined as delinquent according to the
various existing laws and ordinances concerning children or youth.
2. The definition of juvenile delinquency must take into account the social reality that reflected
through the media. Books, movies and television help people to define a particular reality for them.
If the media systematically portrays particular behavior as delinquent, they often come to be
accepted as real.
3. While almost all children engage in behavior that is in violation of juvenile codes and laws, we
believe that ultimately, juvenile delinquents refers to youths who have been successfully defined as
delinquents.

In a more specific view, acts of juvenile delinquency include violation of laws such as those defined by
juvenile codes and laws.

The Delinquent Person

A delinquent person is one who repeatedly commits an act that is against the norms or mores observed
by the society. When a person habitually commits an act that is not in accordance with the rules or policies of
a community where he belongs, he is considered a delinquent.

The Juvenile Delinquent

Juveniles are young people who are regarded as immature or one whose mental as well as emotional
faculties are not fully developed thus making them incapable of taking full responsibility of their actions. In
legal points, the term juvenile is a person subject to juvenile court proceedings because of a statutorily defined
event or condition caused by or affecting that person and was alleged to have occurred while his or her age
was below the specified age limit.

Brief History of Juvenile Delinquency


The harsh beginning - Children were viewed as non-persons until the 1700's. They did not receive
special treatment or recognition. Discipline then is what we now call abuse.

There were some major assumptions about life before the 1700's. The first assumption is that life was
hard, and you had to be hard to survive. The people of that time 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. The second
assumption was that infant and child mortality were high. It did not make sense to the parents in those days
to create an emotional bond with children. There was a strong chance that the children would not survive until
adulthood.

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 reason and humanism. People began to see children as
flowers, which needed nurturing in order to bloom. It was the invention of childhood, love and nurturing
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instead of beatings to stay in line. Children had finally begun to emerge as a distinct group. It started with the
upper-class, who were allowed to attend colleges and universities.

Since ancient times, enlightened legal systems have distinguished between juvenile delinquents and
adult criminals. Generally, the immature were not considered morally responsible for their behavior. Under
the Code Napoléon in France, for example, limited responsibility was ascribed to children under the age of
16. Despite the apparent humanity of some early statutes, however, the punishment of juvenile offenders
was often severe until the 19th century.
Prior to the 20th century, juvenile offenders were often treated as adults. The first development
contrary to this in the United Kingdom was the establishment of Borstal training center in place of normal
imprisonment, which was intended to build up the offender's character. They were unsuccessful, and since
the 1960s, policy has been directed away from the detention of young offenders towards treatment in the
community, beginning with avoiding court altogether. The police are encouraged to caution juveniles who
admit an offence, unless they are persistent offenders.
When juvenile offenders are dealt with more formally, they are tried by a dedicated juvenile court,
having as little contact with the mainstream system as possible. There is considerable emphasis on parental
responsibility, and the parents may be ordered to pay the juvenile's fine, or be liable to pay a sum of money
if the child is in trouble again.
If the courts need to punish juveniles, they can utilize community sentences. Attendance centers
orders, for example, require juveniles to attend during their leisure hours at centers where they will be given
a program of constructive activities. Supervision orders put juveniles under the supervision of a social
services department, and may include compulsory activities. Those aged 15 and over may also be sentenced
to probation orders (supervision), community service orders (compulsory work under supervision), or a
combination of both.
If juveniles are to be detained, those aged 15 or over may be held in a young offender institution for
between 2 and 12 months. Younger offenders can only be detained in the most serious of cases, and there are
national units to deal with them. All Offenders aged 10 to 13 can be detained only if convicted of
manslaughter or murder.

Perceived Causes of Delinquency

Many theories concerning the causes of juvenile crime focus either on the individual or on society as
the major contributing influence. Theories focusing on the individual suggest that children engage in criminal
behavior because they were not sufficiently penalized for previous delinquent acts or that they have learned
criminal behavior through interaction with others. A person who becomes socially alienated may be more
inclined to commit a criminal act. Theories focusing on the role of society in juvenile delinquency suggest
that children commit crimes in response to their failure to rise above their socio-economic status, or as a
repudiation of middle-class values.
Most theories of juvenile delinquency have focused on children from disadvantaged families, ignoring
the fact that children from affluent homes also commit crimes. The latter may commit crimes because of the
lack of adequate parental control, delays in achieving adult status, or simply because they get enjoyment
from it. All theories, however, are tentative and are subject to criticism.
The family unit has also experienced changes within the past two or three decades. More families
consist of one-parent households or two working parents; consequently, children are likely to have less
supervision at home than was common in the traditional family structure. This lack of parental supervision is
thought to have an influence on juvenile crime rates. Other identifiable causes of delinquent acts include
frustration or failure in school, the increased availability of drugs and alcohol, and the growing incidence of
child abuse and child neglect. All these conditions tend to increase the probability of a child committing a
criminal act, although a direct causal relationship has not been established.

Juvenile Delinquency Prevention

"...I urge you to consider this: As you demand tougher penalties for those who choose violence, let us also
remember how we came to this sad point." "...We have seen a stunning and simultaneous breakdown of
community, family, and work. This has created a vast vacuum which has been filled by violence and drugs
and gangs. So I ask you to remember that even as we say no to crime, we must give people, especially our
young people something to say yes to." - President Clinton, State of the Union Address, January 25, 1994.

The Urgent Need


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Public safety is paramount - government has a duty to protect the public from kids who can kill. But it
is becoming ever more apparent that increasing police, prosecution, and prisons alone is neither sufficient nor
adequately effective in stemming the tide of youth violence and crime.

A study done in the Philippines on children who sexually abused other children reached the same
conclusion. It found that 80.9% of the respondents experienced some form of abuse, with 43% experiencing
physical abuse from their caregivers. Aside from the respondents themselves, other members of the family
like their mothers experienced abuse that the respondents witnessed. 36% of the respondents came from
families that have a history of either conflict or abuse or partner or siblings.

Related Factors

There are other factors that are linked to youth offending. There is the gender factor, particularly in
patriarchal societies. Violence is overwhelmingly a male problem. The roots for this appear to be primarily
social rather than biological, highlighting the inadequacies of current socialization of male children, and the
promotion of insensitive and overbearing male behavioral models and attitudes in many societies. It was also
reported that the inadequate monitoring and supervision of children by parents and other adults could be
crucial in realizing a potential for violence. Studies show that poor parental supervision or monitoring, erratic
or harsh parental discipline, parental disharmony, parental rejection of the child, and low parental involvement
in the child’s activities are all-important predictors of offending.

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:

 Pregnancy and delivery complications


 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems, restlessness, and risk taking
 Aggressiveness
 Beliefs and attitudes favorable to deviant or antisocial behavior

Family factors

 Parental criminality
 Child maltreatment Poor family management practices
 Low levels of parental involvement
 Poor family bonding and family conflict
 Parental attitudes favorable to substance abuse and violence
 Parent-child separation

School factors

 Academic failure
 Low bonding to school
 Truancy and dropping out of school
 Frequent school transitions

Peer-related factors
 Delinquent siblings
 Delinquent peers
 Gang membership

Community and neighborhood factors

 Poverty
 Community disorganization
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 Availability of drugs and firearms
 Neighborhood adults involved in crime
 Exposure to violence and racial prejudice

Delinquency Prevention Measures

In order to prevent the development of delinquent behavior in children, the factors that increase the
risk of the growth of such behavior need to be identified. Once these factors are identified, then strategies to
address them, including enhancing the protective factors for children to resist the effect of the risk factors, can
be planned and implemented.

The body of research on delinquency and crime has identified a number of factors which are linked
with development of delinquent behavior. These factors can be grouped in the following broad categories: the
family, the community, the school, the individual and the peer group.

Within each of these categories, specific risk factors can be identified, such as child abuse and family
disintegration, economic and social deprivation,
low neighborhood attachment, parental attitudes condoning law violating behavior, academic failure, truancy,
school drop-out, lack of bonding with society, fighting with peers, and early initiation of problem behaviors.
The more these risk factors a child is exposed to, the more likely delinquent and violent behavior may develop.
Hence, prevention strategy is designed to reduce identified risk factors while strengthening protective factors.

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.

Key principles for preventing and reducing at-risk behavior and delinquency include:

 Strengthen families in their role of providing guidance and discipline and instilling sound values as their
children's first and primary teachers.

 Support core social institutions, including schools, churches, and other community-based organizations,
to alleviate risk factors and help children develop to their maximum potential.

 Promote prevention 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.

 Intervene with youth immediately when delinquent behavior first occurs.

 Establish a broad spectrum of graduated sanctions that provides accountability and a continuum of
services to respond appropriately to the needs of each juvenile offender.

 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.

Intervention Strategies

The intervention component comprises a range of options that include immediate interventions (for
first-time offenders involved in misdemeanors and nonviolent felonies) and intermediate sanctions (for
offenders who are first time serious or violent offenders, or repeat offenders who fail to respond to immediate
intervention).

Community policing shows considerable promise as a means of early intervention. The juvenile court
plays an important role in the provision of treatment and sanctions, with probation being the court's principal
vehicle for the delivery of treatment services and community supervision. Continuous case management is
crucial to ensuring timely treatment.

A continuum of community-based care should be provided to meet the multiple service needs of each
juvenile offender. The intervention component calls for extensive use of non-residential community-based
programs, including referral to prevention programs for most first time offenders. Intermediate sanctions use

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both nonresidential and residential placements, including intensive supervision programs for more serious and
violent offenders.

Law Relative to Juvenile Delinquency In the Philippines

Enforcement of the laws related to juvenile delinquency is an important aspect of the entire prevention
measures or strategies. In the Philippines, the following discussions are related to laws on juvenile
delinquency.

Presidential Decree No. 603 - is the Child and Youth Welfare Code of the Philippines which took
effect six months after its approval in December 10, 1974 (June 10, 1975) applies to persons below eighteen
(18) years of age (RA 6809 lowered the age of minority from 21 to 18 years of age), and such persons are
referred to as child, or minor or youth.

Who is a Youth Offender under PD 603? A youthful offender is a child, minor or youth, including
one who is emancipated in accordance with law, who is over nine years but less than eighteen years of age at
the time of the commission of the offense. A child nine years of age or under at the time of the offense shall
be exempt from the criminal liability and shall be committed to the care of his father or mother, or nearest
relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for
a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he
acted with discernment, in which case he shall be proceeded against in accordance with Article 192. The
provisions of Article 80 of the Revised Penal Code are repealed by the provisions of this chapter (as amended
by PD 1179, August 15, 1977).

Related Provisions of Act 3815 (Revised Penal Code) - The provision of Article 189 on the
exemption of liability is the same as Article 12, par.2 and 3 of the Revised Penal Code: “ The following are
exempt from criminal liability: xxx … person under 9 years of age; person over 9 years of age and under 15
unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 80 of
this Code (now Article 192 of PD 603) xxx ….”

Article 13 of the Revised Penal Code also states: “The following are mitigating circumstances: xxx 2.
That the offender is under 18 years of age, or over 70 years. In the case of the minor, he shall be proceeded
against in accordance with the provisions of Article 80 (now Article 192, PD 603) xxx.” This means that the
minor offender who is under 18 is entitled to special privileged mitigating circumstance, hence cannot be off-
set by aggravating circumstances. Under Article 68 of the RPC, a minor who is over nine but under 15 is
entitled to a penalty two degrees lower than that provided by law; while a minor who is over 15 but under 18
is entitled to a penalty one degree lower than that provided by law.

Article 190 - It shall be the duty of the law enforcement agency concerned to take the youthful
offender, immediately after apprehension, to any available government medical or health officer for physical
and mental examination. The examination and treatment papers shall form part of the record of the case of
the youth offenders.

Article 191 - A youthful offender held for examination or trial or pending appeal, if unable to furnish
ball from the time of his arrest, shall be committed to the care of the DSWD, or local rehabilitation center in
the locality; if not available, the provincial, city or municipal jail shall provide quarters for youthful offenders
separate from other detainees. The court may, in its discretion, upon recommendation of the DSWD release
the youthful offender on recognizance to the custody of his parents or other suitable person who shall be
responsible for his appearance whenever required. (If detained in jail, youthful offender is expected to be
escorted by a police officer every time the court requires his appearance).

Article 192 - Suspension of Sentence and Commitment of Youthful Offenders - If after hearing, the
court finds that the youthful offender has committed the act charged against him, the court should determine
the imposable penalty including the civil liability. (However, instead of pronouncing judgment of conviction, the
court, upon application of the youthful offender and if it finds that the best interest of the public as well as
that of the youthful offender will be served thereby, shall suspend all further proceedings and shall commit
such minor to the custody or care of the DSWD or any training institution or responsible person until he shall
have reached 21 years of age, or for a shorter period as the court may deem proper after considering the
reports and recommendations of the institution or person under whose care he has been committed). Under
RA 8369, the judgment is promulgated and the suspension of the sentence is automatic, without the need of
application by the YO, see Section 5, par. a).

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The benefits of this article does not apply to a youthful offender who was once enjoyed suspension of
sentence under its provisions or to one who is convicted of an offense punishable by death or life
imprisonment or to one who is convicted for an offense by the Military Tribunals. (As amended by PD 1179
and PD 1210, October 11, 1978).

Article 194 - Care and Maintenance of Youthful Offenders - Parents are primarily liable to support him,
if not then the municipality; province; or the national government.

Article 195- Report on Conduct of Child. DSWD or government training institution or individual under
whose care the Youthful Offender has been committed – to submit to court every 4 months or oftener as may
be required to special cases a written report on the conduct of the YO as well as the intellectual, physical,
moral, social and emotional progress made upon him.

Article 196- Dismissal of the Case - If it is shown to the satisfaction of the court that the youthful
offender whose sentenced has been suspended, has behaved properly and has shown his capability to be a
useful member of the community even before reaching the age of majority, upon the recommendation of the
DSWD, it shall dismiss the case and order his final discharge.

Article 197- Return of Youthful Offender to Court - The youthful offender shall be returned to the
committing court for the pronouncement of judgment: (1) when he is found to be incorrigible or has willfully
failed to comply with the conditions of his rehabilitation program, (2) when he has reached the age of 21 while
in commitment (unless his case is dismissed in accordance with Article 196). In the latter case, the convicted
youth offender may apply for probation under the provisions of PD 968. In any case as, the youthful offender
shall be credited in the service of his sentence with the full time spent in actual commitment and detention
effected under the provisions of this chapter.

Article 198- Effect of Released of Child Based on Good Conduct - The final release of a child pursuant
to the provisions of this chapter does not obliterate his civil liability for damages. Such released shall be
without prejudice to the right for a writ of execution for the recovery of civil damages.

Article 199 - Living Quarters for Youthful Offenders – Youthful Offenders under Article 197 shall be
committed to the proper penal institution to serve the remaining period of his sentence, provided that, they
shall be provided with separate quarters and as far as practicable, group them according to appropriate age
levels or other criteria as will insure their speedy rehabilitation, provided further that the Bureau of Prisons
shall maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.

Article 200- Records of Proceedings - 1) When a Youthful Offender has been charged and the charges
have been ordered dropped, all the records of the case shall be considered privileged and may not be
disclosed directly or indirectly to any one for any purpose whatsoever. 2) Where the Youthful Offender has
been charged and the courts acquits him, or dismiss the case against him or commits him to an institution and
subsequently releases him, all records of his case shall also be considered privileged and may not be disclosed
directly or indirectly to anyone except: a) to determine if a defendant may have sentence suspended under
Article 192; b) or if he may be granted probation under PD 968; c) or to enforce his civil liability if the same
has been imposed in the criminal action. The Youthful Offender concerned shall not be held under any
probation of law to be guilty of perjury or of concealment or misrepresentation by reason of his failure to
acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any
purpose.

Records within the meaning of this Article shall include those, which may be in the files of the NBI,
police department or any government agency involved in the case; Medical/treatments records mentioned in
Article 190.

Article 201- Civil Liability of Youthful Offenders - The civil liability for the acts committed by a youthful
offender shall devolve upon the offenders father or mother or the guardian as the case may be. A relative or
family friend of the youthful offender may also voluntarily assume civil liability.

Rules and Regulation on the Apprehension, Investigation, Prosecution and Rehabilitation of Youthful
Offenders. (Promulgated on February 20,1995 by the Council for the Welfare of Children).

Pursuant to Article 205 of PD 603, the Council for the Welfare of Children was created which was
tasked to promulgate Rules and Regulations necessary for the purpose of carrying into effect the provisions of
the Code (Article 209).
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Objectives: The Rules and regulations seek to establish basic guidelines on the apprehension,
investigation, prosecution and rehabilitation of youth offenders consistent with the needs to protect their rights
and to [promote their best interest.

Procedure:

1. Apprehension – Arresting Officer (AO) to inform the youth of the reason of his
apprehension and him advise of his legal rights in a language understood by him. The youth is then
brought to the nearest police station where the apprehension and the name of the arresting officer
is recorded in the police blotter. The police officer shall notify the DSWD and the parents or
guardian of the youth within eight (8) hours from the time of apprehension. Arresting Officer shall
not employ unnecessary force; vulgar or profane words shall not be used; handcuffs shall not be
used unless absolutely necessary; female youth shall be searched only by a female police officer.

2. Investigation / Interview – to be held in private and in the presence of his legal


counsel and whenever possible his parents, guardian or social worker wherein he shall be advised
of his right to remain silent and to have a counsel of his own choice.

3. Physical / Mental Examination – before a government medical or health officer; steps


shall be undertaken to provide treatment when necessary. (Most often this process is taken for
granted or even forgotten, hence even during confinement, it is the duty of the jail officers to take
steps to provide necessary medical attention to youths needing the same).

4. Referral of Case to Social Worker – the youth shall be released to the custody of a
social worker or a responsible person in the community for supervision and counseling or other
interventions that may be provided for the best interest of the youth.

5. Referral of Case to Prosecutor – if his findings warrant the AO shall forward the records
of the case of the youth under custody to the prosecutor for the conduct of inquest or preliminary
investigation to determine whether the youth should remain in custody and correspondingly
charged in court. The transmittal letter shall display the word YOUTH in bold letters. The
prosecutor shall encourage that counsel represents the youth; a counsel shall be assigned if his
parents is unable to give adequate representation.

6. Temporary Commitment – the youth under investigation or trial, if unable to furnish


bail, shall be committed to the care of The DSWD or rehabilitation center or detention home
separate and distinct from jails.

7. Filing of Complaint / Information – if the evidenced submitted in the inquest or


preliminary investigation engenders a well – founded belief that a crime has been committed and
that the youth is probably guilty thereof, the corresponding criminal complaint / information shall
be filed against the youth in court.

8. Trial – the trial of a case against a youth offender shall be conducted in accordance with
RA 8368.

9. Suspension of Sentence – if after trial, the court finds that the youth committed the acts
charged against him, it shall determine the impossible penalty including the civil liability chargeable
against him. (However, instead of pronouncing judgment of conviction, the court upon application
of the youth, shall suspend all further proceedings and commit the youth to the custody and care
of the DSWD or to any training institution or responsible person until he has reached the age of 21
or for a shorter period as the court may deem proper upon recommendation of the Department
etc.). Refer to Section 5, par. A of RA 8369.

Republic Act No. 7610 – 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 the minor is not capable of committing the
acts prohibited by the law. It is a given 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. But what is important is that, we the
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adults in our family and / or community should be vigilant in the protection of our youths against abuse,
exploitation and discrimination, more particularly child prostitution and other sexual abuse; child trafficking;
obscene publication and indecent shows; acts of abuse such as neglect, cruelty and other conditions
prejudicial to the child’s development, and circumstances which endanger child survival and normal
development.

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,
appropriating funds therefore and for other purposes.

Sec. 5 – Jurisdiction of Family Courts - The Family Court shall have exclusive original jurisdiction to
hear and decide the following cases:

1. Criminal cases where one or more of the accused is below 18 but not less than 9 years of age, or
where one or more of the victim is a minor at the time of the commission of the offense, Provided if
the minor is guilty, the court shall promulgate sentence and ascertain any civil liability which the
accused may have incurred. The sentence however, shall be suspended without need of application
pursuant to PD 603.
2. Petition for guardianship, custody of children and habeas corpus in relation to the latter;
3. Petition for adoption of children and revocation thereof;
4. Complaints for annulments of marriage, declaration of nullity of marriage and thus relating to
marital status and property relations of husband and wife or those living together under different
status and agreements, and petition for dissolution of conjugal partnership of gains;
5. Petition for support and or acknowledgement;
6. Summary Judicial Proceedings brought under the provisions of the Family Code of the Philippines;
7. Petition for declaration of status of children as abandoned, dependent of children or neglected,
petitions for voluntary or involuntary commitment of children, the suspension, termination, or
restoration of parental authority and other cases cognizable under PD 603 and other related laws.
8. Petitions for constitution of the family home;
9. Cases against minor cognizable under Dangerous Drug Act as amended;
10. Violations of R.A. 7610 as amended by R.A. 7658
11. Cases of domestic violence against: 1) women 2) children

REPUBLIC ACT NO. 9344 - THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”

Republic Act Number 9344 - An Act Establishing A Comprehensive Juvenile Justice and Welfare
System, Creating the Juvenile Justice and Welfare Council

IMPORTANT FEATURES

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 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
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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.

Construction - In case of doubt, the interpretation of any of the provisions of the Rules shall be
construed liberally in favor of the child in conflict with the law, i.e., consistent with the best interest of the
child, the declared state policy, the rights of the child in conflict with the law, and the principle of restorative
justice.

Definition of terms - As used in these Rules, the term/s:

(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.
(b) “Best interest of the child” refers to the totality of the circumstances and conditions 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.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “Children at risk” refers to children who are 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 street child;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

(e) “Child in conflict with the law” refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
(f) “Community-based programs” refers to the programs provided in a community setting developed
for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law,
for reintegration into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no family courts, any regional trial court.
(h) “Deprivation of liberty” refers to any form of detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private custodial setting, from which the child in conflict with
the law is not permitted to leave at will by order of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court proceedings.
(k) “Initial contact with the child” refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens. It includes the time when the child
alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule
in cases that do not require preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.

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(l) “Intervention” refers to a series of activities 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, reintegration and aftercare to ensure their normal growth and
development.
(n) “Law enforcement officer” refer to the person in authority or his/her agent as defined in Article 152
of the Revised Penal Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended. It includes violations of traffic laws, rules and regulations, and ordinances of local
government units.
(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) “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.
(r) “Victimless Crimes” refers to offenses where there is no private offended party.
(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited LGUs
and licensed and/or accredited 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;
also referred in these Rules as “Youth Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility that provides children in
conflict with the law with care, treatment and rehabilitation services under the guidance of trained staff
where children in conflict with the law on suspended sentence, or “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; also referred in these Rules as “Youth Center.”

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 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;
(b) The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;
(d) The right not to be unlawfully or arbitrarily deprived of his/her liberty; that detention or imprisonment
being a disposition of last resort, shall be for the shortest appropriate period of time;
(e) The right to be separated from adult offenders at all times. In particular, the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate holding area.
(f) The right to maintain contact with his/her family through correspondence and visits save in exceptional
circumstances;
(g) 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;
(h) The right to bail and recognizance, in appropriate cases;
(i) The right to testify as a witness in his/her own behalf under the rule on examination of a child witness;
(j) The right to have his/her privacy respected fully at all stages of the proceedings;
(k) The right to diversion if he/she is qualified and voluntarily avails of the same;
(l) 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;
(m)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;

(n) In criminal prosecutions, the rights:


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(1) Not to be held to answer for a criminal offense without due process of law;
(2) To be presumed innocent until the contrary is proved beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and cause of the accusation against
him/her, and if appropriate, through his/her parents or legal guardian;
(5) To be present at every stage of the proceedings, from arraignment to promulgation of
judgment;
(6) To have legal and other appropriate assistance in the preparation and presentation of his/her
defense;
(7) To testify as a witness in his/her own behalf and subject to cross-examination only on matters
covered by direct examination, provided that the Rule on the Examination of a Child Witness
shall be observed whenever convenient and practicable.
(8) Not to be compelled to be a witness against him/herself and his/her silence shall not in any
manner prejudice him/her;
(9) To confront and cross-examine the witnesses against him/her;
(10) To have compulsory process to secure the attendance of witnesses and production of
other evidence in his/her behalf;
(11) To have a speedy, impartial and public trial, with legal or other appropriate assistance
and preferably in the presence of his/her parents or legal guardian, unless such presence is
considered not to be in the best interests of the juvenile taking into account his/her age and
other peculiar circumstances;
(12) To appeal in all cases allowed and in the manner prescribed by law; and
(13) To be accorded all the rights under the Rule on Examination of a Child Witness.
(o) In general, the right to automatic suspension of sentence;
(p) The right to probation as an alternative to imprisonment, if qualified under the probation law;
(q) The right to be free from liability for perjury, concealment or misrepresentation; and
(r) Other rights as provided for under existing laws, rules and regulations.

These rights of children in conflict with the law shall serve as guiding principles in the administration of
the Juvenile Justice and Welfare System.

Principle of Restorative Justice

Restorative justice refers to a principle that requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to achieve the following:

(a) Reparation for the victim;


(b) Reconciliation of the offender, the offended and the community;
(c) Reassurance to the offender that he/she can be reintegrated into society; and
(d) Enhancement of public safety by activating the offender, the victim and the community in prevention
strategies.

Children of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)

Consistent with Section 15 of Republic Act No. 8371 or “The Indigenous Peoples Rights Act of 1997,”
ICCs/IPs shall, in dealing with children in conflict with the law, have the right to use their own commonly
accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other
customary laws and practices within their respective communities and as may be compatible with the national
legal system and with internationally recognized human rights.

THE JUVENILE JUSTICE AND WELFARE COUNCIL

The Juvenile Justice and Welfare Council (JJWC), created under Section 8 of the Act, shall ensure the
effective implementation of the Act, including these Rules. In fulfillment of this mandate, the JJWC shall
ensure the effective coordination among the following agencies, the duties and responsibilities of which are
found in Part XVII of these Rules:

(a) Council for the Welfare of Children;


(b) Department of Education;
(c) Department of the Interior and Local Government;
(d) Public Attorney’s Office;
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(e) Bureau of Corrections;
(f) Parole and Probation Administration;
(g) National Bureau of Investigation;
(h) Philippine National Police;
(i) Bureau of Jail Management and Penology;
(j) Commission on Human Rights;
(k) Technical Education and Skills Development Authority;
(l) National Youth Commission; and
(m)Other institutions focused on juvenile justice and intervention programs, as may be determined by the
JJWC.

Composition

As provided in Section 8 of the Act, the JJWC shall be composed of representatives of the following
departments or agencies:

(a) Department of Justice (DOJ);


(b) Department of Social Welfare and Development (DSWD);
(c) Department of Education (DepEd);
(d) Department of the Interior and Local Government (DILG);
(e) Council for the Welfare of Children (CWC);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from non-government organizations (NGOs), one to be designated by the
Secretary of Justice and the other to be designated by the Secretary of Social Welfare and
Development.

Administration and organization of the JJWC

The JJWC is attached to the DOJ and placed under its administrative supervision. As such, the DOJ has
the authority to:
(1) Generally oversee the operation of JJWC and ensure that it is managed effectively, efficiently
and economically;
(2) Manage the secretariat of the JJWC;
(3) Require the JJWC to submit periodic reports, such as those reflecting the progress of its
programs and projects;
(4) Cause the conduct of management audit, performance evaluation and inspection of the JJWC to
determine its compliance with policies, standards and guidelines of the Department;
(5) Take such action as may be necessary for the performance of official functions, including
rectifications, abuses and other forms of misadministration by its personnel;
(6) Review and pass upon the budget of the JJWC; and
(7) Call all regular and special meetings of the JJWC.

Chairperson of the JJWC

As provided by Section 8 of the Act, the JJWC shall be chaired by the DSWD through an
Undersecretary appointed by the Secretary of Social Welfare and Development. As the JJWC chair, the DSWD
shall:
(1) Preside over all regular and special meetings of the JJWC;
(2) Closely monitor the programs of the JJWC;
(3) Represent the JJWC in conferences, meetings and other programs; and
(4) Sign communications for the JJWC.

In the absence of the chairperson, the JJWC shall be chaired by the DOJ.

Organizational structure and staffing pattern

As provided in Section 8 of the Act, the Secretary of Justice and the Secretary of Social Welfare and
Development shall determine the organizational structure and staffing pattern of the JJWC, which include the
JJWC secretariat. The secretariat shall among other functions to be determined by the JJWC:
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(1) Prepare the periodic reports for the JJWC;
(2) Prepare the budget of the JJWC; and
(3) Invite resource persons in the meetings and programs of the JJWC. The Secretary of Justice shall
appoint the officers and staff of the JJWC secretariat upon a favorable recommendation of the JJWC.

Designation of representatives to the JJWC

The concerned department or agency heads shall designate their representatives to the JJWC, whose
ranks shall not be lower than director, except in the case of the NYC, whose representative must have the
rank of at least commissioner. The heads of the concerned departments or agencies shall name a permanent
and an alternate representative, respectively with ranks of at least Undersecretary and Director, who shall
regularly attend meetings and programs of the JJWC.

Duties and functions of the JJWC

The JJWC has the duty to oversee the implementation of the Act and all Rules issued in relation
thereto. Pursuant to this duty, it shall:

(1) 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.
(2) Call the attention of the departments and agencies concerned to perform their respective duties
and responsibilities under the Act and these Rules and assist them if necessary to ensure the
effective implementation of the Act.
(3) Mobilize resources and call upon government agencies as well as private organizations to provide
resource assistance to support the implementation of the Act. The JJWC shall regularly conduct
meetings and submit an annual report to the President on the implementation of the Act. The
annual report shall include, among others:

a. Identification of the strengths and weaknesses in the implementation of the Act;


b. Appraisal of the performance of the government agencies in relation to their duties and
responsibilities under the Act; and
c. Recommendations on how to improve the implementation of the Act and the administration of
the juvenile justice and welfare system. The JJWC shall prescribe a common reporting form for
all the agencies under Rule 8 to facilitate the preparation of the Annual Report. The JJWC shall
also perform such other functions as may be necessary to implement the provisions of the Act.

Advisory function of the JJWC

The JJWC shall advise the President on all matters and policies relating to juvenile justice and welfare.
It shall bring to the attention of the President the gaps in existing policies and recommend appropriate
remedial legislation or other policy measures that address these gaps.

Policy formulation and program development

The JJWC shall periodically develop a Comprehensive National Juvenile Intervention Program, as
provided in Rule 17 herein. It shall 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. The JJWC shall also set the criteria that
LGUs must meet in establishing their respective community-based programs for the rehabilitation and
reintegration of children in conflict with the law.

Research and evaluation

The JJWC shall collect relevant information and conduct continuing research support evaluations and
studies on all matters relating to juvenile justice and welfare, such as, but not limited to the:

(1) Performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;
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(2) Periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) Particular needs of children in conflict with the law in custody. A data banking system for all data
needed in the evaluation and improvement of the administration of juvenile justice and welfare
system shall be developed and maintained by the JJWC. The JJWC shall set up a mechanism to
ensure that children are involved in research and policy development. The JJWC shall also receive
and evaluate the assessments submitted by provincial and city governments on the implementation
of the comprehensive juvenile intervention program as provided in Section 18 of the Act and Rule
18 herein.

Inspection

The JJWC, through duly designated persons and with the assistance of the agencies under Section 8 of
the Act (Rule 9) shall 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 in the Act
and the Rules and to make the necessary recommendations to appropriate agencies.

Assistance to agencies

The JJWC shall, pursuant to Section 10 of the Act, assist the concerned government agencies in:

(1) Reviewing and enhancing existing policies/regulations or in the formulation of new ones in line with
the provisions of this Act and the Rules; and formulating their respective policies and procedures
consistent with the standards set in the law and in modifying the same upon the completion of the
national juvenile intervention program as provided in Rule 14.
(2) The JJWC shall also initiate and coordinate the conduct of trainings for the personnel of agencies
involved in the administration of the juvenile justice and welfare system.
(3) The JJWC shall be informed by the DSWD in cases where licensed and accredited private and non-
government organizations establish Youth Detention Homes as provided under Section 49 of the
Act and Rule 76 herein.

Coordination with the Court

To ensure the realization of its mandate and the proper discharge of its duties and functions, the JJWC
shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy by inviting
resource persons from these offices during consultation meetings.

Non-government organizations

Two (2) representatives from non-government organizations (NGOs) shall serve as members of the
JJWC, one representative to be designated by the Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.

An NGO, to be designated as a member of the JJWC, must be involved in child-related advocacy or


work of at least two (2) years prior and up to the time of designation. The additional qualifications of the
NGOs shall be respectively determined by the Secretaries of Justice and of Social Welfare and Development.

Each NGO representative designated under Rule 13.a shall have a term of two (2) years. In the event a
representative is not able to complete the prescribed term, the Secretary designating such representative shall
designate another NGO to serve the unexpired portion of the term.

An NGO representative, even one that is not able to complete the term of two years, cannot be
appointed to the JJWC for two consecutive terms.

Policies and procedures on Juvenile Justice

The policies and procedures of all government agencies shall promote a common and conscious
understanding of issues concerning juvenile justice and welfare, be consistent and avoid duplicating or
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contradicting policies that result to confusion. As such, the following shall be observed in the drafting,
formulation or development of such policies and procedures:

(a) Policies and procedures on juvenile justice and welfare of all government agencies
enumerated in Section 8 of the Act shall not only be consistent with the standards set in the law
but also with the National Juvenile Intervention Program. Policies and procedures shall be modified
accordingly in consultation with the JJWC upon the completion of the National Juvenile Intervention
Program as provided under Rule 17 below and Section 9(d) of the Act.
(b) Each government agency shall see to it that its policies and procedures are consistent with
that of other government agencies.
(c) If the standards set in the Act require the involvement of several government agencies
enumerated in Section 8 of the Act, only a single policy and/or procedure pertaining to those
standards shall be issued. The lead agency shall be identified by the JJWC.
(d) In the event that policies and procedures of a government agency not enumerated in
Section 8 of the Act affect the juvenile justice and welfare system, the concerned government
agency shall seek the assistance of the JJWC.

The participation of children in the program and policy formulation and implementation relating to
juvenile justice and welfare shall be ensured by each government agency.

LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN

All levels of local government shall have Local Councils for the Protection of Children (LCPCs) as
provided in Section 15 of the Act. The LCPC in each level of local government unit (LGU) is:

(1) Province – Provincial Council for the Protection of Children (PCPC);


(2) City – City Council for the Protection of Children (CCPC);
(3) Municipality – Municipal Council for the Protection of Children (MCPC); and
(4) Barangay – Barangay Council for the Protection of Children (BCPC). In LGUs where LCPCs are not
yet established, the concerned LGU shall immediately establish an LCPC upon the effectivity of the
Act and ensure that it is performing its duties and responsibilities as provided in these Rules. Where
they have been established, the LCPCs shall be strengthened by their respective LGUs.

Each barangay, municipality and city shall appropriate in its annual budget one percent (1%) of its
annual internal revenue allotment (IRA) for the strengthening and implementation of the programs of the
LCPC. The LGU concerned shall be responsible for the disbursement of the fund as provided by existing laws.
Funds disbursed by LGUs on current programs of the LCPC shall be deemed as appropriate disbursement
under Section 15 of the Act. However, the one percent (1%) IRA allocation under in this Rule is different from
the budget disbursed by the LGUs for social services.

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. Pursuant to DILG Memorandum Circular No. 2002-121, the
LCPC in each level of LGU shall be composed of:

(1) PCPC - Chairperson -Provincial Governor , Members -Sangguniang Panlalawigan Member ,


(Chairperson, Committee on Women and Family) DILG Provincial Director, Provincial Social Welfare and
Development Officer , Provincial Labor and Employment Officer , Division Superintendent of DepEd ,
Provincial Planning & Development Officer , Provincial Budget Officer , Provincial Health Officer ,
Provincial Nutrition Officer , Provincial PNP Director , Provincial Commander, AFP , Provincial
Treasurer , President, League of Municipalities , Provincial SK Federation President , Child
Representative , At least three (3) representatives of NGOs
(2) CCPC and MCPC - Chairperson -City / Municipal Mayor, Members -Sangguniang Panlungsod /
Pambayan Member , (Chairperson, Committee on Women and Family) , DILG City / Municipal Field
Officer , City / Municipal Social Welfare and Development , Officer , Division Superintendent / District
Supervisor of DepEd , Local Labor and Employment Officer , City / Municipal Planning & Development
Officer , City / Municipal Budget Officer , City / Municipal Health Officer , City / Municipal Nutrition
Officer , City / Municipal PNP Director , City / Municipal Treasurer , City / Municipal LIGA ng mga
Barangay President , City / Municipal SK Federation President , Parent – Teachers Association (PTA)
President , Child Representative , At least three (3) representatives of NGOs
(3) BCPC - Chairperson -Punong Barangay , Members -Barangay Kagawad (Chairperson on Women and
Family) , Barangay Nutrition Scholar , Barangay Day Care Worker , Barangay Health Nurse / Midwife ,
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Barangay Health Worker , DepEd Principal / Teacher-in-charge , Chief Tanod , SK Chairperson , Child
Representative , PTA President or his/her representative , NGO Representative , Membership in the
LCPC shall be subject to the review and amendment of the DILG through appropriate issuances.

Duties and responsibilities of the LCPC

All LCPCs shall:

(1) Serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of
the Comprehensive Juvenile Intervention Program as provided in Rule 18 below, and to oversee its
proper implementation;
(2) Coordinate with and assist the LGUs in calling 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;
(3) Coordinate with LGUs in the annual review and assessment of the comprehensive juvenile
intervention programs;
(4) Coordinate with and assist the SK in the formulation and implementation of juvenile intervention
and diversion programs in the community;
(5) Provide coordinative linkages with other agencies and institutions in the planning, monitoring and
evaluation of juvenile intervention and diversion programs in the community;
(6) Assist the Punong Barangay in conducting diversion proceedings in cases provided under Section
23(a) of the Act and Rule 43.b below;
(7) Assist the Local Social Welfare and Development Officer (LSWDO) in the development of the
appropriate diversion program
(8) Institute together with schools, youth organizations and other concerned agencies the community-
based programs on juvenile justice and welfare initiated by LGUs;
(9) Conduct capability building programs to enhance knowledge and skills in handling children’s
programs;
(10) Establish and maintain a database on children in the local government. Specifically, for the purpose
of this Act, the LCPCs shall maintain a database of children in conflict with the law, which shall include
the children who undergo intervention, diversion and rehabilitation programs and after-care support
services;
(11) Document best practices on juvenile intervention and prevention;
(12) Advocate and recommend local legislations promoting child survival, protection, participation and
development, especially on the quality of television shows and media prints and coverage, which are
detrimental to children, and with appropriate funding support;
(13) Conduct an inventory of all NGOs serving children in conflict with the law and mobilize them as
resources for the effective implementation of the Act;
(14) Review existing policies of units providing services to children in conflict with the law, determine
the barriers to access to these services, and take the necessary action to improve access to these
services. In addition to its functions under Presidential Decree No. 603, or the “The Child and Youth
Welfare Code” [“P.D. 603”] and Republic Act No. 8980, or the “ECCD Act,” each BCPC shall perform the
following functions consistent with the objectives of the Act on juvenile intervention and delinquency
prevention:
 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;
 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 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;
 Coordinate the activities of organizations devoted to the welfare of children in coordination with
the Sangguniang Kabataan and secure their cooperation;
 Protect and assist children at risk; and
 Take steps to prevent juvenile delinquency and assist parents of children with behavioral
problems so that they can get expert advise.

Responsibility of BCPC members

Members of the BCPC shall have the following additional responsibilities:


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(1) To take custody of the child in conflict with the law who is found to be fifteen (15) years of age or
below if the parents, guardians or nearest relatives of the child cannot be located, or if they refuse
to take custody as provided in Section 20 of the Act and Rule 31.b below.
(2) To be present in the initial investigation of the child in conflict with the law in the absence of the
child’s parents, guardian, or nearest relative, and the LSWDO as provided in Section 22 of the Act
and Rule 23.b. The presence of the member of the BCPC, or in the alternative, the representative
of an NGO or a faith-based group, may be required in the initial investigation to ensure that the
rights of the child are protected during that stage.

PROGRAMS FOR JUVENILE INTERVENTION AND DELINQUENCY PREVENTION

Concept/Principles in Intervention

Intervention refers to a series of activities 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. All programs for juvenile intervention and delinquency prevention shall be
formulated in consideration of the following:

(a) Emphasis on intervention or prevention policies facilitating the successful socialization and
integration of all children with the family, through the community, peer groups, schools, vocational
training and the world of work, as well as through voluntary organizations;
(b) Due respect should be given to the proper personal development of children, and they should
be accepted as full and equal partners in socialization and integration processes.

National Juvenile Intervention Program

The JJWC shall, in accordance with Section 18 of the Act, develop a three (3) to five (5)-year
Comprehensive National Juvenile Intervention Program (the “National Intervention Program”) embodying the
detailed strategy to realize the objectives of the Act on juvenile intervention and delinquency prevention. The
National Intervention Program shall serve as a guide to all government agencies, LGUs and NGOs in the
formulation of their respective juvenile intervention programs and their policies and programs relating to
juvenile justice and welfare. Particularly, the National Intervention Program shall serve as the basis for the
formulation or modification of policies and procedures of all government agencies involved in the Juvenile
Justice and Welfare System; and Comprehensive Juvenile Intervention Programs to be developed and
instituted by the LGUs as provided in Rule 18. The National Intervention Program shall be developed by the
JJWC, within six (6) months from the effectivity of the Act, with the participation of:
 Government agencies concerned, including but not limited those enumerated in Rule 8;
 Non-government organizations;
 Child and youth organizations; and
 The Leagues of provinces, cities, municipalities and barangays.

Components of the program

The National Intervention Program shall be formulated and designed to include, among others, the
following:

(a) In-depth analyses of the problem and inventories of programs, services, facilities and
resources available;
(b) Well-defined responsibilities for the government agencies, both member and coordinating,
institutions and personnel as well as non-government agencies involved in intervention and prevention
efforts;
(c) Mechanisms for the appropriate coordination of intervention and prevention efforts between
governmental and non-governmental agencies;
(d) Policies, programs and strategies based on prognostic studies to be continuously monitored
and carefully evaluated in the course of implementation;
(e) Methods for effectively reducing the opportunity for children to commit offenses;
(f) Community involvement through a wide range of services and programs;
(g) Close interdisciplinary cooperation between the national government and the local
governments, with the involvement of the private sector representative citizens of the community to be

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served and concerned government agencies as well as the judiciary in taking concerted action to
prevent commission of offenses by children;
(h) Participation of children in intervention and prevention policies and processes, including
recourse to community resources, youth self-help, and victim compensation and assistance programs;
and
(i) Specialized personnel at all levels (e.g., social workers, prosecutors) and their respective
roles in the juvenile justice and welfare system.

Comprehensive Juvenile Intervention Program

Each LGU shall formulate a Comprehensive Juvenile Intervention Program (“Local Intervention
Program”) to be instituted from the barangay to the provincial level. Each Local Intervention Program shall
cover a period of at least three (3) years. The LGUs, in coordination with the LCPCs, 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 the Local Intervention Programs. Existing programs of LGUs dealing with children shall be
deemed part of LCPC program.
Components - Each Local Intervention Program shall be formulated and designed to include the
components prescribed in Rule 17.b, when appropriate. All Local Intervention Programs shall be consistent
with the National Intervention Program formulated and designed by the JJWC.

Implementation - The LCPC shall serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of Local Intervention Program, and to oversee its proper implementation. As
provided by Section 18 of the Act, the LGUs shall set aside an amount necessary to implement their respective
juvenile intervention programs in their annual budget.

Assessment - The implementation of the Local Intervention Programs shall be reviewed and assessed
annually by the LGUs in coordination with their respective LCPCs. Results of the assessment shall be submitted
by the LGUs to the JJWC, through the DILG, not later than March 30 of every year.

Community-based Programs as Intervention

The objectives of community-based programs as intervention As provided in Section 19 of the Act,


the community-based programs for juvenile intervention and delinquency prevention shall respond to the
special needs, problems, interests and concerns of children and offer appropriate counseling and guidance to
them and their families. All community-based programs to be designed by LGUs shall consist of three levels:
(1) Primary intervention includes general measures to promote social justice and equal opportunity,
which tackle perceived root causes of offending.
(2) These shall include programs on advocacy, socio-economic service, health and nutrition, training
and education.
(3) Secondary intervention includes measures to assist children at risk, i.e., protective services for
children; and
(4) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending, i.e., diversion programs, rehabilitation, reintegration
and after care services, which shall be further defined in Parts VII, VIII and XI of these Rules.
These programs intend to minimize the commission of offenses by children who are potentially and
actually in conflict with the law and their eventual apprehension by law enforcement officers.

Programs and services for Juvenile Intervention

(1) Services and programs that respond to the special needs, problems, interests and concerns of
children and offer appropriate counseling and guidance to children and their families shall be
developed, or strengthened where they exist.
(2) A wide-range of community-based support measures for children, including but not limited to
community development centers, recreational facilities and services that respond to the special
problems of children at risk, shall be provided, or strengthened where they exist.
(3) Special facilities shall be set up to provide adequate shelter for children who are no longer able to
live at home or who do not have homes to live in.
(4) A range of services and helping measures shall be provided to deal with adulthood. Such services
shall include special programs for young drug abusers, which emphasize care, counseling,
assistance and therapy-oriented interventions. LGUs shall share resources with and support the
programs of private and non-government organizations providing services for children.
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(5) Youth organizations shall be created or strengthened at the local level and given full participatory
status in the management of community affairs. These organizations shall encourage the youth to
organize collective and voluntary projects, particularly projects aimed at helping children in need of
assistance.
(6) The LGUs shall take special responsibility and provide necessary services for homeless or street
children. Information about local facilities, accommodation, employment and other forms and
sources of help shall be made readily available to children.
(7) A wide range of recreational facilities and services of particular interest to children shall be
established and made easily accessible to them.

Role of different sectors in Juvenile Intervention and Prevention

Family - the family shall be responsible for the primary nurturing and rearing of children, which are
critical in delinquency prevention. As far as practicable and in accordance with the procedures of the Act, a
child in conflict with the law shall be maintained in his/her family. Educational system by way of contributing to
juvenile intervention and delinquency prevention, educational institutions shall:
(1) 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.
(2) Provide adequate, necessary and individualized educational schemes for children manifesting
difficult behavior and children in conflict with the law.
(3) In cases where children in conflict with the law are taken into custody or detained in youth
rehabilitation centers, provide the opportunity to continue learning under an alternative learning
system with basic literacy program or non-formal education accreditation equivalency system.

In addition to their academic and vocational training activities, educational institutions shall devote
particular attention to the following:
(1) Teaching of basic values and developing respect for the child’s own cultural identity and patterns,
for the social values of the country in which the child is living, for civilizations different from the
child’s own and for human rights and fundamental freedoms;
(2) Promotion and development of the personality, talents and mental and physical abilities of children
to their fullest potential;
(3) Involvement of children as active and effective participants in, rather than mere objects of, the
educational process;
(4) Undertaking activities that foster a sense of identity with and of belonging to the school and the
community;
(5) Encouragement of young persons to understand and respect diverse views and opinions, as well as
cultural and other differences;
(6) Provision of information and guidance regarding vocational training, employment opportunities and
career development;
(7) Provision of positive emotional support to children and the avoidance of psychological
maltreatment;
(8) Prohibition of harsh disciplinary measures, particularly corporal punishment;
(9) Seek to work together with parents, community organizations and agencies concerned with the
activities of children;
(10) Extend particular care and attention to children at risk. Specialized prevention programs and
educational materials, curricula, approaches and tools should be developed and fully utilized;
(11) Give special attention to comprehensive policies and strategies for the prevention of alcohol,
drug and other substance abuse by children. Teachers and other professionals should be equipped
and trained to prevent and deal with these problems. Information on the use and abuse of drugs,
including alcohol, should be made available to the student body;
(12) Serve as resource and referral centers for the provision of medical, counseling and other
services to children, particularly those with special needs and suffering from abuse, neglect,
victimization and exploitation;
(13) Attempt to meet and promote the highest professional and educational standards with respect
to curricula, teaching and learning methods and approaches, and the recruitment and training of
qualified teachers;
(14) Plan, develop and implement extracurricular activities of interest to children, in cooperation with
community groups;
(15) Give special assistance to children who find it difficult to comply with attendance rules, and to
“drop-outs;”
(16) Promote policies and rules that are fair and just.

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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 consistent with the Guidelines for Media Practitioners on the
Reporting and Coverage of Cases Involving Children issued by the Special Committee for the Protection of
Children.

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. The right of the child in conflict with
the law to have his/her privacy shall be respected. Any material information obtained by media practitioners
on the child in conflict with the law must not be used in violation of this right or in any manner that may lead
to the child’s identity. Media practitioners shall not disclose the identities of the relatives of the child to
maintain confidentiality and privacy.
The mass media shall also be encouraged:
(1) To ensure that children have access to information and material from a diversity of national and
international sources;
(2) To portray the positive contribution of children to society; and
(3) To disseminate information on the existence of services, facilities and opportunities for children in
society.

INITIAL CONTACT WITH THE CHILD

Initial contact refers to the apprehension or taking into custody of a child in conflict with the law by a
law enforcement officer or private citizen. 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.

If initial contact by private citizens or non-law enforcement officers - In the event a child in conflict
with the law is apprehended or taken into custody by private citizens, the child shall be immediately referred
to the appropriate law enforcement officer for the child to undergo the proper investigation as provided in the
succeeding Rules.

Procedure for taking child into custody

From the moment the child is taken into custody, the law enforcement officer shall faithfully observe
the following procedure as provided in Section 21 of the Act:
(a) Properly identify him/herself and present proper identification to the child.
(b) Immediately notify the child’s parents/guardians, the local social welfare and development
officer (LSWDO), and the Public Attorney’s Office of the child’s apprehension. The notification shall be
made not later than eight (8) hours after apprehension.
(c) Explain to the child in simple language and in a language or dialect that he/she can
understand: The reason for placing the child under custody; The offense that he/she allegedly
committed; and His/her constitutional rights.
(d) Immediately start the determination of the age of the child in accordance with the
guidelines provided in Rule 30 of this Act.
(e) Take the child immediately to the proper medical and health officer for a thorough physical
and mental examination. Whenever the medical treatment is required, steps shall be immediately
undertaken to provide the same.
(f) Turn over the custody of the child to the LSWDO or other accredited nongovernmental
organizations immediately but not later than eight (8) hours after apprehension. The turn over of
custody shall be done within the same eight (8) hours referred in item (b) under this Rule. However, in
cases where the child is found to be below the age of criminal responsibility as defined in Section 20 of
the Act, the law enforcement officer shall immediately release the child to his/parents in accordance
with Rule 31 below. The turnover of children below the age of criminal responsibility to parents
notwithstanding, the law enforcement officer shall proceed with the initial investigation, where
appropriate. The above procedure must be conducted in strict observance of the prohibitions provided
in Section 21 of the Act and in Rule 28 below while the law enforcement officer is in custody of the
child.
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(g) A child in conflict with the law shall only be searched by a law enforcement officer of the
same gender as prescribed in Section 21 of the Act.

Initial Investigation: Nature and objective

The initial investigation is the stage after initial contact when the law enforcement officer takes the
statement of the child in conflict with the law. The law enforcement officer shall, in the conduct of the initial
investigation, determine where the case involving the child in conflict with the law should be referred.

Who conducts; who are present

As provided in Section 22 of the Act, the law enforcement officer, specifically from the Women and
Children Protection Desk where present, shall take the statement of the child during the initial investigation,
which 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) Child’s parents, guardian, or nearest relative, as the case may be; and
(3) LSWDO. In the absence of the child’s parents, guardian, or nearest relative, and of the LSWDO, the
investigation shall be conducted in the presence of a representative of an NGO or faith-based group, or
a member of the BCPC.

In taking the statement of the child, the law enforcement officer shall observe the following guidelines:

(1) The investigation shall be child friendly and be conducted in a non-intimidating manner.
(2) The interview of the child shall be conducted in a separate interview room to make the child feel
comfortable and free to express him/herself.
(3) The law enforcement officer shall use simple and understandable language in taking the statement
of the child during the initial investigation.
(4) The law enforcement officer shall allow the LSWDO, or the persons taking his/her place as above
enumerated, to actively assist in conducting the initial investigation.
(5) There should be enough privacy to avoid unnecessary interruptions, distractions and/or
participation from non-parties that could humiliate or make the child uncomfortable.
(6) The written statement to be prepared shall reflect the language used by the child and not the
language used by the law enforcement officer. The initial investigation shall be conducted in the best
interest of the child and in a manner, which allows the child to participate and to express him/herself
freely.

Signing statements

The law enforcement officer conducting the initial investigation shall ensure that all statements signed
or thumb marked by the child during investigation shall be witnessed by the child’s parents or guardian, the
LSWDO, or if not present, any other social worker, or counsel in attendance, who shall affix his/her signature
to the said statement. After taking the statement of the child who is above fifteen (15) years of age but below
eighteen (18) years of age, the law enforcement officer shall refer the records of the child to the LSWDO for
an assessment if the child acted with discernment as provided in Rule 34. The law enforcement officer shall
transmit the following records of the child to the LSWDO:

(1) Written statement of the child;


(2) Other pertinent records such as the documents showing the basis for the determination of the age
of the child;
(3) Medical report if available; and
(4) All other records that may assist the LSWDO in making an assessment if the child acted with
discernment.

The LSWDO shall, as part of the initial investigation, assess if the child acted with discernment in
accordance with Rule 34 and make the necessary recommendation to the law enforcement officer on the basis
of said assessment. The law enforcement officer shall consider the assessment made by the LSWDO in
preparing the report of the initial investigation and in deciding where to refer the case of the child.

Report on initial investigation; what to record

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After the initial investigation, the law enforcement officer conducting the same shall prepare a report,
which contains the following information:
(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 or the LSWDO, and the PAO have been duly
informed of the apprehension and the details thereof;
(3) The exhaustion of measures to determine the age of a child;
(4) The basis for the determination of the age of the child;
(5) The precise details of the physical and medical examination or the failure to submit a child to such
examination;
(6) To whom the child was released and the basis for the release; and
(7) Where the case shall be referred as provided in the next Rule and the basis for such disposition,
i.e., the nature of the offense allegedly committed by the child, the corresponding imposable penalty
for the commission of the alleged offense, and the assessment of discernment as provided in Rule 34.

Where the case shall be referred

After the initial investigation, the law enforcement officer shall determine if the case of the child shall
be referred to:
(1) The LSWDO for intervention in accordance with Section 20 of the Act and Part VII of these Rules if
the child is Fifteen (15) years old or below; or Above 15 but below 18 years of age and acted without
discernment.
(2) Diversion, in accordance with Section 23 of the Act and Part VIII of these Rules, under the: Law
enforcement officer if the child is above 15 but below 18 years of age, acted with discernment and
allegedly committed an offense with an imposable penalty of not more than six (6) years of
imprisonment; or LSWDO if the child is above 15 but below 18 years of age, acted with discernment
and allegedly committed an offense that is a victimless crime with an imposable penalty of not more
than six (6) years of imprisonment.
(3) The prosecutor or judge if the child is above fifteen (15) but below 18 years of age, acted with
discernment and allegedly committed an offense with an imposable penalty of more than six (6) years
of imprisonment. The report on the initial investigation as required under Rule 23.f. shall state where
the case shall be referred and the basis for such disposition, which include the following information:
The nature of the offense allegedly committed by the child; The corresponding imposable penalty for
the commission of the offense; and Where the case of the child shall be referred in the event of an
assessment that the child acted with discernment as provided in Rule 34.

Turnover of Custody

In all cases, the law enforcement officer shall turn over the physical custody of the child to the LSWDO
within eight (8) hours from apprehension, as required under Section 21(i) of the Act. The physical custody of
the child shall be transferred to the LSWDO even if the law enforcement officer has not yet exhausted all
measures to determine the age of the child under Rule 30 and even if the initial investigation under Rule 23
has not yet been terminated. After the physical custody of the child is turned over, the LSWDO shall then
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, as
required by Sec. 21(i) of the Act. In the event a child whose custody is turned over by the law enforcement
officer is fifteen (15) years old or below, the LSWDO shall take all measures to release the child to the parents
or guardians, or to any of the persons or organizations provided in Rule 31.b, and proceed with the
development of appropriate programs.

Pending turnover of custody

Pending the turn over of the custody of the child to the parents, guardians or the LSWDO, as in cases
when the child is apprehended at night time or during weekends, the law enforcement officers shall ensure
that the child shall be temporarily secured in an area separate from that of the opposite sex and adult
offenders and not put in the detention cell or jail. The temporary physical custody of child in such cases may
also be given to a duly registered NGO, i.e., licensed and accredited by the DSWD, a faith-based organization,
a barangay official, or a member of the BCPC.

Duty to maintain confidentiality and privacy

From the time he/she takes custody of the child in conflict with the law, the law enforcement officer
shall handle the case of the child with utmost confidentiality. Particularly, the law enforcement officer shall:
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(a) Use a system of coding that provides aliases for children taken into custody;
(b) Maintain a separate logbook for children in conflict with the law;
(c) Exclude the public, particularly the media, from the area where the child is being held in
custody pursuant to Section 43 of the Act;
(d) Not provide any detail or information to the public, particularly the media, that shall lead to
the identity of the child;
(e) Keep the results of the medical examination confidential; and
(f) Mark the records of the child and the report on the initial investigation as confidential. The
law enforcement officer shall direct the media to observe the Guidelines for Media Practitioners on the
Reporting and Coverage of Cases Involving Children issued by the Special Committee for the Protection
of Children.

Prohibited acts when in custody of child

(1) Detention - A child in conflict with the law shall not be locked up in a detention cell .The child
shall not be detained in the provincial, city or municipal jail, even if there are quarters separate from
adult detainees.
(2) Search by an officer of the opposite sex - A child in conflict with the law shall not be searched
by a law enforcement officer of the opposite sex.
(3) Contact with adult offenders and offenders of opposite sex - Should the detention of the
child in conflict with the law be necessary pending turnover to the LSWDO or the other persons who
may take custody of the child under Section 21(i) of the Act [Rule 31.b], the child shall be secured in
quarters separate from that of the opposite sex and adult offenders.
(4) Vulgar language - As required under Section 21(d) of the Act, the law enforcement officer having
custody of the child shall 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.
(5) Harassment and abuse - The law enforcement officer shall refrain from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law.
(6) Display and use of instruments of force or restraint - The law enforcement officer shall
refrain from subjecting the child in conflict with the law to greater restraint than is necessary for
apprehension. If handcuffs or other instruments of restraint are used on the child, the law enforcement
officer shall record such fact in the report on the initial investigation as required under Section 21(l) of
the Act and Rule 23.f, and the reason for the use of such instruments of restraint. As required under
Section 21(e) of the Act, the law enforcement officer from the time of initial contact with the child shall
also 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.
(7) Violence or unnecessary force - As prescribed by Section 21(g) of the Act, the law enforcement
officer shall avoid the use of violence or unnecessary force on the child in conflict with the law.

Prohibitions also applicable to non-law enforcement officers - Other authorities including but not limited
to persons to whom custody of the child is turned over under and all persons having contact with the child in
conflict with the law shall also strictly observe the prohibitions under this Rule.

CRIMINAL RESPONSIBILITY

Who are exempt? As provided in Section 6 of the Act, the following shall be exempt from criminal
liability:
(1) A child fifteen (15) years of age or under at the time of the commission of the offense;
(2) A child above fifteen (15) years but below eighteen (18) years of age who acted without
discernment at the time of the commission of the offense.

Treatment of children exempt from criminal responsibility

Children exempt from criminal liability as referred in this Rule shall be subjected to an intervention
program pursuant to Section 20 of the Act and Part VII of these Rules. Non-exemption from civil liability - the
exemption from criminal liability of children under this Rule does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

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Who determines the age; when and how - As provided in Rule 22, the law enforcement officer
having initial contact with the child, after taking the child into custody, shall immediately determine the age of
the child. In making such determination, the law enforcement officer shall, consistent with Section 7 of the
Act, take any or all of the following measures to ascertain the age of the child:

(1) Obtain documents that show proof of the child’s age, such as:
(a) Child’s birth certificate;
(b) Child’s baptismal certificate; or
(c) Any other pertinent documents such as but not limited to the child’s school records, dental
records or travel papers. The law enforcement officer may obtain the above documents
from any of the following:
(a) Parents, guardian or relatives of the child (for copies of any of the above documents);
(b) Local civil registrar or the National Statistics Office (for a copy of the birth certificate);
(c) School the child attends (for school records, dental records, birth certificate or baptismal
certificate, when required by the school);
(d) Local health officer (for medical records); and
(e) Church (for baptismal records).
(2) When the above documents cannot be obtained or pending receipt of such documents, the law
enforcement officer shall exhaust other measures to determine age by:
(a) Interviewing the child and obtaining information that indicate age (e.g., date of birthday,
grade level in school);
(b) Interviewing persons who may have knowledge of the age of the child (e.g., relatives,
neighbors, teachers, classmates);
(c) Evaluating the physical appearance (e.g., height, built) of the child; and
(d) Obtaining other relevant evidence of age. The law enforcement officer may obtain the
assistance of the LSWDO and the BCPC in gathering documents and other relevant
information in ascertaining the age of the child.

In case of doubt; presumption of minority - In case of doubt as to the age of the child, after all
measures are exhausted to determine it, the age shall be resolved in his/her favor. As provided in Section 7 of
the Act, 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.

If age is contested - As provided in Section 7 of the Act, 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 filed 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.

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 initial contact with the child has the duty to:
(1) Immediately release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative; and
(2) Notify the LSWDO for the determination of appropriate intervention and prevention programs for
the child.

Custody of child below age of criminal responsibility

If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody of
the child, the child may be released by the authority having initial contact with the child to any of the
following:
(1) A duly registered non-governmental organization, i.e., duly licensed and accredited by the DSWD;
(2) A faith-based organization;
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(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.

If parents, guardians or relatives are unable to take custody of the child due to mental or physical
incapacity or incarceration, the child shall be referred to alternative placement such as foster homes, in
addition to what has been provided in the Act.

Duty of the local social worker

Immediately after being notified of the apprehension of the child fifteen (15) years old or below, the
LSWDO shall (1) Prepare a case study report on the child; and (2) Determine the appropriate intervention and
prevention programs in consultation with the child and the person having custody over the child. The LSWDO
shall also determine if the child is abandoned, neglected or abused by his/her parents for purposes of filing a
petition for involuntary commitment if necessary. If the safety of the child is in danger in view of the alleged
commission of the offense, the LSWDO shall encourage the parent or guardian of the child to request for
temporary custody of the child to the DSWD or licensed and accredited NGOs. In the event the parent or
guardian does not agree to the request for temporary custody of the child, the LSWDO shall carefully review
the case of the child and file a petition for involuntary commitment when sanctioned by law, in accordance
with P.D. 603 and the SC Rule on Commitment of Children.

Petition for involuntary commitment

A petition for involuntary commitment may be filed by the LSWDO with the technical assistance of
DSWD, or by the DSWD if:

(a) The child in conflict with the law is found by the LSWDO to be abandoned, neglected or
abused by his/her parents; or
(b) he parents do not comply with the intervention and prevention programs as determined
under Part VII of these Rules. A child in conflict with the law is considered:

(1) “Abandoned” when the child has no proper parental care or guardianship or
when the child’s parents or guardians have deserted him/her for a period of at least six (6)
continuous months, as provided in Art. 141(2), Title VIII of P.D. 603;
(2) “Neglected” when his/her basic needs have been deliberately unattended or
inadequately attended as provided in Art. 141(3) of P.D. 603; or
(3) “Abused” when upon the evaluation of the LSWDO, the child is found to be
maltreated, whether habitual or not, as defined in Section 3(b) of Republic Act No. 7610, or the
“Special Protection of Children Against Abuse, Exploitation and Discrimination Act” [“R.A.
7610”].

Above the age of criminal responsibility

The child in conflict with the law who is above fifteen (15) but below eighteen (18) years of age shall
be exempt from criminal responsibility, unless he/she acted with discernment. Being exempt, the child shall be
dealt with in the same manner as a child who is below the age of criminal responsibility as provided in Rule 30
and Part VII of these Rules. If the child in conflict with the law is above fifteen (15) years old but below
eighteen (18) years of age acted with discernment, the child shall proceed to diversion under

Discernment

Discernment is the mental capacity to understand the difference between right and wrong and its
consequences.

The LSWDO, after the law enforcement officer refers the records of a child who is fifteen (15) years
old or above but below eighteen (18) years old as provided in Rule25.f, shall prepare a report indicating an
assessment if the child acted with discernment for the purpose of determining whether to proceed with
intervention under Sec. 20 of the Act (Part VII of these Rules) or with diversion under Chapter 2 of the Act
(Part VIII of these Rules). In making an assessment if the child who is above fifteen (15) years but below
eighteen (18) years of age acted with discernment, the LSWDO shall take into consideration:

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(1) All the facts and circumstances of the case;
(2) The educational level and performance of the child in conflict with the law;
(3) The appearance, attitude, comportment and behavior of the child in conflict with the law, before,
during and after the commission of the offense. The LSWDO shall consider only factors that indicate if
the child acted with discernment and not indicators of premeditation or intention to commit the alleged
offense. The LSWDO shall be further guided by procedures to be prescribed by the DSWD in making an
assessment of the presence or absence of discernment. The LSWDO shall endeavor continuously be
updated with latest trends in conducting psychosocial analyses of children and research on factors
affecting the behavior of children in conflict with the law.

After making an assessment, the LSWDO shall prepare a report showing the basis for the assessment if
the child acted with or without discernment. This report shall be submitted to the law enforcement officer
handling the case of the child. After receipt of the report by the LSWDO, the law enforcement officer shall
conclude the initial investigation and refer the case of the child in accordance with Rule 26.

If after consideration of the initial assessment that the child who is above fifteen (15) but below
eighteen (18) years of age acted without discernment, the law enforcement officer refers the case of the
child to the LSWDO for intervention pursuant to Rule 26(1), the LSWDO has the duty to:

(1) Immediately release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative or to those listed in Rule 31 when appropriate; and
(2) Determine the appropriate intervention and prevention programs for the child as provided in Part
VII of these Rules.

The offended party, in the event he/she contests the assessment of absence of discernment, may file
the appropriate case before the prosecutor.

INTERVENTION FOR CHILDREN EXEMPT FROM CRIMINAL LIABILITY

The following children exempt from criminal liability shall be given the appropriate intervention
programs:

(a) Those taken into custody who are fifteen (15) years old or below; and
(b) Those above fifteen (15) but below eighteen (18) years old and found to have acted
without discernment.

Factors in determining appropriate intervention programs

In determining the appropriate intervention and prevention programs for children exempt from
criminal liability, the LSWDO shall take into account the best interest of the child, which considers, among
others, the following:

(a) Circumstances of the child (e.g., age, level of development, educational background);
(b) Needs of the child if specially disadvantaged, i.e., street child, or child with mental or physical
difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the growth of the child;
(e) Ability and willingness of the parents or guardians to guide and supervise the child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for intervention and prevention; and
(h) Safety and security of the child.

The LSWDO shall further be guided by the principles of intervention as provided in Rule 15.The LSWDO
shall engage the active participation of the child, in accordance with his/her evolving capacity, and his/her
parents or guardians in the formulation and the implementation of the intervention programs.

Kinds of intervention programs

The intervention programs for the child exempt from criminal liability may include any or a
combination of the following:

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(a) Counseling;
(b) Peer counseling and life skills training and education;
(c) Provision of support services to the family, e.g., parent effectiveness service, livelihood programs,
skills trainings, etc.;
(d) Referral to other agencies for appropriate services, e.g., education, health, skills training, etc.; and
(e) Access to child and youth organizations in the community, such as but not limited to the
Sangguniang Kabataan. The intervention programs determined by the LSWDO also include programs
for the parents and family of the child. The time frame of the intervention programs and the outcome
desired shall be specified.

The child and the parents, guardian or persons having custody of the child shall regularly report to
the LSWDO who determined the intervention program for evaluation of the:
(a) Effectiveness of the program; and
(b) Compliance by the child and the parents with the terms and conditions of the prevention program.
The frequency of reporting shall be determined by the LSWDO in the intervention program. To
determine compliance with the program, the LSWDO shall also:
(a) Conduct periodic visits at the home of the child or at the place where the custody of the child is
given; and
(b) Conduct case conference with local officials and authorities of the school where the child attends.

If the child and the parents, guardian or persons having custody of the child fail to comply with the
intervention program, despite exhausting all efforts to assist them, the LSWDO may file the proper petition for
involuntary commitment of the child pursuant to P.D. 603.

DIVERSION FOR CHILDREN WHO ACTED WITH DISCERNMENT

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. In implementing diversion, the
following principles shall be considered:

(a) Use of positive measures;


(b) Full mobilization of all possible resources, which include the family, volunteers, schools and other
community institutions;
(c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.

Who shall undergo; venue of diversion

Pursuant to Section 23 of the Act, the child in conflict with the law shall undergo diversion
proceedings if he/she:
(a) Is above fifteen (15) years but below eighteen (18) years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable penalty of not more than six (6) years of
imprisonment if diversion is conducted at the barangay, police or prosecutor’s level, and not more than
twelve (12) years of imprisonment, if diversion is resorted to by the court.

Where diversion may be conducted

As provided under Section 24 of the Act, if the imposable penalty for the offense committed is not
more than six (6) years of imprisonment, diversion may be conducted at the:
(a) Katarungang Pambarangay level under the Punong Barangay as provided in Rule 43;
(b) Police investigation stage under the law enforcement officer as provided in Rule 44; or
(c) Inquest or preliminary investigation stage under the prosecutor as provided in Rule 55. If the
offense with the imposable penalty of not more than six (6) years imprisonment is a victimless
crime, the diversion proceedings shall be conducted by the LSWDO in coordination with the BCPC.
If the imposable penalty for the offense committed exceeds six (6) years of imprisonment but not
more than twelve (12) years of imprisonment, diversion may resorted to only by the court.

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At the Katarungang Pambarangay level, diversion prior to entry to the criminal justice system, a child in
conflict with law may undergo diversion proceedings outside the criminal justice system when his/her case is
referred to the barangay through the Lupon Tagapamayapa. Diversion at the Katarungang Pambarangay level
shall be conducted by the Lupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of the
members of the BCPC, as provided in Section 23 (a) of the Act.

Nature of proceedings; participants

The Punong Barangay shall conduct mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution 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
the conduct of these diversion proceedings. The offended party may participate in the diversion proceedings.
The absence of the offended party in the diversion proceedings or his/her disagreement in its conduct shall
not prevent the proceedings from being conducted. The Punong Barangay shall, however, endeavor to obtain
the participation and the consent of the offended party in the formulation of the diversion program.

Formulation and supervision of diversion program at the Barangay level - The diversion program at the
Katarungang Pambarangay level shall be formulated by the Punong Barangay with the assistance of the BCPC
members in accordance with Rule 49. The supervision of the diversion program at this level shall likewise be
done by the Punong Barangay, with the assistance of the BCPC. As a form of monitoring, the members of the
BCPC and the community volunteers to be designated by the BCPC may conduct house visits with the child
and his/parents or guardian to track the child’s compliance with the contract of diversion and the child’s
performance of the diversion program. This may be done in consultation with the LSWDO.

Duty of Punong Barangay when there is no diversion

Pursuant to Section 27 of the Act, the Punong Barangay handling the case shall, within three (3) days
from determination of absence of jurisdiction or termination of the diversion proceedings as provided below,
forward the records of the case to the:

(1) Law enforcement officer or prosecutor – when the child or the child’s parents/guardian does
not consent to a diversion. 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.
(2) Prosecutor or the court – when the case involves an offense with an imposable penalty of
more than six (6) years imprisonment.

When conducted at the law enforcement level - Diversion shall be conducted at the law enforcement
level when:
(1) After the conduct of diversion proceedings at the Katarungang Pambarangay level, the child
or the child’s parents/guardian does not consent to a diversion and the Punong Barangay forwards
the case of the child as provided under Rule 43.d (i);
(2) After the conduct of the initial investigation, the law enforcement officer determines that the
child is above 15 but below 18 years of age, acted with discernment and allegedly committed an
offense, that is not a victimless crime, with an imposable penalty of not more than six (6) years of
imprisonment, as provided under Rule 26(2)(a).

Who conducts and assists

Diversion at the police investigation stage shall be conducted by the law enforcement officer with the
assistance of the LSWDO, as provided in Section 23(a) of the Act.

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Nature of proceedings; participants - The nature of diversion proceedings to be conducted by the
law enforcement officer and the participants therein shall be the same as that under Rule 43.c. Rule 44.d.
Duty of the law enforcement officer when there is no diversion Pursuant to Section 23 of the Act, the law
enforcement officer handling the case shall forward the records of the case to the prosecutor or judge when
the case involves an offense with an imposable penalty of more than six (6) years imprisonment; or the child
or the child’s parents/guardian does not consent to a diversion. The case records shall be forwarded within
three (3) days from determination of absence of jurisdiction or termination of the diversion proceedings as
above stated. The prosecutor or judge to whom the records are referred shall conduct the preliminary
investigation and determine whether or not the child should remain under custody and correspondingly
charged in court.

When diversion is conducted at the LSWDO level

Diversion shall be conducted at the level of the LSWDO when after the conduct of initial investigation,
the law enforcement officer determines that the child is above 15 but below 18 years of age, acted with
discernment and allegedly committed a victimless crime where the imposable penalty is not more than six (6)
years of imprisonment, as provided under Rule 26(2)(b).

Nature of proceedings - The LSWDO 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.

At the court level

Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court and will proceed in accordance with the SC Rules on Juveniles
in Conflict with the Law.

Diversion proceedings

The authority conducting the diversion proceedings shall:


(1) Explain to the child and his/her family the objective of the diversion proceedings, the value
of diversion and the consequence of not undergoing diversion.
(2) Ask the child of the circumstances of the offense, the motives or purpose of the offense and
the factors that led the child to commit the offense.
(3) Ask the child of his/her personal circumstance including his/her parents and family, his/her
peers and educational status.
(4) Make the child in conflict with the law understand the consequences of his/her actions and
the corresponding responsibilities.
(5) Ensure that the child understands and realizes his/he accountability, be remorseful of
his/her actions and takes on the responsibility in repairing the harm done in lieu of filing a formal case
in the court. The authority conducting the diversion proceedings shall also determine if diversion is
appropriate and desirable based on the factors provided in the next Rule. Upon a finding that diversion
is not applicable or desirable, the authority handling the diversion proceedings shall issue the
corresponding document certifying to such fact and shall file the case according to the regular process.

Factors in determining if diversion is appropriate

In determining whether diversion is appropriate and desirable, the following factors shall be taken into
consideration by the authority conducting the diversion proceedings:

(1) Nature and circumstances of the offense charged;


(2) Frequency and the severity of the act;
(3) Circumstances of the child (e.g. age, maturity, intelligence, etc.);
(4) Influence of the family and environment on the growth of the child;
(5) Reparation of injury to the victim;
(6) Weight of the evidence against the child;
(7) Safety of the community; and
(8) Best interest of the child. The determination of appropriateness and desirability of diversion shall
consider the recommendation of the LSWDO, when applicable.
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Conduct of diversion proceedings

The authority conducting the diversion proceedings shall ensure that the proceedings are child-friendly
and sensitive to the needs, welfare and the protection of the rights of the child in conflict with the law. The
authority shall use language that is simple and understandable to the child in conflict with the law. Diversion
proceedings shall be conducted in a place where the identities of the child and the parties concerned are kept
confidential. There should be enough privacy to avoid unnecessary interruptions, distractions and/or
participation from non-parties that could humiliate or make the child uncomfortable. The DSWD, in
consultation with the LGUs particularly LCPCs, shall formulate rules and guidelines that should be followed
during the diversion proceedings to protect the child from coercion, intimidation, harm, abuse, or other actions
detrimental to the child. Such guidelines shall ensure that the child understands the diversion proceedings in
which he/she is involved.

Custody pending diversion proceedings

Pending the conduct of the diversion proceedings, the custody of the child shall be given to the
parents, guardians, relatives or any other responsible person in the community, taking into consideration the
best interest of the child in conflict with the law.

Whose consent required; if not obtained

The consent of the child and of the parents or guardian of the child shall be obtained in arriving at a
contract of diversion. When the consent of either is not obtained, the diversion proceedings shall be
terminated and the case of the child referred in accordance with Rule 51.

Length of proceedings; when terminated

The diversion proceedings shall be completed within forty-five (45) days. Diversion proceedings
are deemed terminated when:
(1) A contract of diversion has been entered;
(2) The forty-five day period expires without any agreement reached;
(3) The child or his/her parents or guardian do not consent to a diversion;
(4) The authority conducting the diversion finds that diversion is not applicable based on the factors
enumerated in the immediately preceding Rule.

Contract of diversion

A contract of diversion may be entered during the diversion proceedings when the child voluntarily
admits the commission of the act as provided in Section 26 of the Act. The voluntary admission of the child
during the diversion proceedings shall be only deemed as consent to undergo the diversion program and shall
not be considered a plea of guilt.

Admission not to be taken against the child

Any admission of the child shall not be used against the child in any subsequent judicial, quasi-judicial
or administrative proceedings. Neither shall the admission be used against the child through denial of
privileges and opportunities, discrimination in treatment, or imposition of any form of liability or punishment by
reason of such admission.

Acceptance of contract; form and content The contract of diversion containing the diversion program
shall be effective and binding if accepted by the child and the parents or guardian of the child. The contract
shall be in writing and signed by the:

(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings (the Punong Barangay, the law enforcement
officer or the prosecutor);

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(4) Member of the BCPC assisting the Punong Barangay, in cases of diversion proceedings at the
Katarungang Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law enforcement officer or by the prosecutor.
(1) The contract of diversion shall contain the individualized diversion program and shall stipulate the
rights, responsibilities or accountabilities of the child, the parents or guardian and the offended party,
when applicable. The contract of diversion considers as the responsibility or accountability of the child
to restore the harm done in view of the offense committed. As such, the authority conducting the
diversion proceedings shall endeavor to obtain the agreement of the offended party in the formulation
of the individualized diversion program contained in the contract of diversion by:
 Explaining to the offended party the benefits of forgiveness and diversion, and the need to
reform the child within the auspices of the community instead of detention homes or
rehabilitation centers once the child expresses remorse and a willingness to ask for forgiveness
from the offended party;
 Assuring the offended party that the LSWDO, together with the local government and the
community, will take care of the responsibility of reforming and monitoring the child through
various diversion programs. However, the acceptance of the offended party is not required for a
contract of diversion to be valid.

Factors Considered in Formulating of the diversion program

The diversion program shall be formulated during the diversion proceedings. In the formulation of
the diversion program, the individual characteristics and the peculiar circumstances of the child in conflict
with the law, including but not limited to the cultural, social, economic and religious circumstances of the
child, shall be used to formulate an individualized treatment. Consistent with Section 30 of the Act, the
following factors shall be considered in formulating a diversion program for the child:
(1) The child’s feelings of remorse for the offense he/she committed;
(2) The parents’ or legal guardians’ ability to guide and supervise the child;
(3) The victim’s view about the propriety of the measures to be imposed;
(4) The availability of community-based programs for rehabilitation and reintegration of the child; and
(5) Record of prior offenses, if any.
(2) The diversion program shall include adequate socio-cultural and psychological responses and
services for the child.

Kinds of diversion program

As provided in Section 31 of the Act, at the different stages where diversion may be resorted to, the
diversion programs may be agreed upon, such as, but not limited to:

At the level of the Punong Barangay:


(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f) Care, guidance and supervision orders;
(g) Counseling for the child in conflict with the law and the child’s family;
(h) Attendance in trainings, seminars and lectures on: anger management skills; problem solving
and/or conflict resolution skills; values formation; and other skills which will aid the child in
dealing with situations which can lead to repetition of the offense;
(i) Participation in available community-based programs, including community service; or
(j) Participation in education, vocation and life skills programs.

At the level of the law enforcement officer and the prosecutor:


(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds or instruments of the crime;

At the level of the appropriate court:


(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or

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(e) Institutional care and custody.

PROSECUTION

When to proceed to preliminary investigation

A child in conflict with the law shall proceed to appropriate preliminary investigation in the following
cases:
(a) The offense committed by the child in conflict with the law has an imposable penalty of
more than six (6) years;
(b) Offended party opts to file an action with failure to comply with the terms of diversion;
(c) No consent or agreement to a diversion; and
(d) When considering the assessment and recommendation of the LSWDO, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law.

In cases where no consent or agreement to a diversion was reached at the level of the law
enforcement officer or LSWDO conducting the diversion proceedings, the prosecutor shall still endeavor to
arrive at an agreement to a diversion program.

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 and initiate the corresponding legal
action when necessary.

As provided in Section 33 of the Act, 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.

If the child in conflict with the law is deprived of liberty at the time the prosecutor assumes jurisdiction
of the case, the PAO has the duty to manifest to the court such fact with the objective of obtaining an
immediate order of release from the Court.

COURT PROCEEDINGS

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,
pursuant to the SC Rules on Juveniles in Conflict with the Law, determine whether or not diversion is
appropriate.

Children detained pending trial may be released on bail or recognizance as provided for under Sections
34 and 35 of the 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.

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. For purposes of recommending the amount
of bail, the privileged mitigating circumstance of minority shall be considered.

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. Where a child
is detained, the court shall order the:
(a) release of the minor on recognizance to his parents and other suitable persons;
(b) release of the child in conflict with the law on bail; or
(c) transfer of the minor to a youth detention home/youth rehabilitation center.

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No jail detention

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
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.
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.

Disposition measures

Upon suspension of sentence and after considering the various circumstances 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.

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.

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.

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.

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, Sec. 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976”, is hereby amended accordingly.

REHABILITATION AND REINTEGRATION

Rehabilitation is the process of rectifying or modifying a child’s negative attitude and behavior. It
enables the child to change his/her negative behavior into something positive and acceptable to the
community. Reintegration is the process, which promotes or facilitates the acceptance of the child back to the
community. It is the healing of the victim’s and the community’s wounds that was inflicted on them by the
offense. Rehabilitation is integral to the process of reintegration.

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As provided in Section 44 of the Act, 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. Specifically, the objectives of the rehabilitation and reintegration of children in conflict
with the law are the:

(a) Provision of protection that substitutes parental care to the children in conflict with the law;
(b) Assistance to the children in gaining insight into their behavior and attitudes and redirection of counter
productive behavior patterns and anti-social attitudes into more positive and constructive ones;
(3) c) Enhancement of the children’s coping capabilities and trust on others;
(c) Provision of opportunities for the children to acquire social and occupational skills and improved self-
image;
(4) (e) Facilitation of the disposition of the case in court and the child’s reintegration with family and
community; and
(e) Assistance to CICLs through educational intervention in the alternative learning system.

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, which are already in place, best suited to the
rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the
Law.

Community-based programs for rehabilitation

Nature and objectives of community-based rehabilitation In addition to the objectives of rehabilitation


and reintegration in Rule 71, community-based programs for rehabilitation shall:

(1) 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;
(2) 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;
(3) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and
(4) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.

The criteria in the development of programs for community-based rehabilitation Every LGU shall
establish community-based programs that will focus on the rehabilitation and reintegration of the child. All
programs shall meet the criteria to be established by JJWC, which shall take into account the following:

(1) The purpose of the program, which is to promote the rights and welfare of the child in conflict with the
law;
(2) The need for the consent of the child and his/her parents or legal guardians to ensure the effectiveness
of the program and the involvement of the family; and
(3) The maximum participation of the DSWD accredited child-centered agencies in the community where
the child in conflict with the law is in, whether public or private. The community-based programs that
will specifically focus on the reintegration of children in conflict with the law may include but should not
be limited to the existing/retained package of community-based programs being implemented by the
LGU.

The implementation of community-based rehabilitation programs under the supervision and guidance
of the LSWDO, and in coordination with his/her parents or guardian, the child in conflict with the law shall
participate in community-based programs, which shall include, but are not limited to:

(a) Competency and life skills development;


(b) Socio-cultural and recreational activities;
(c) Community volunteer projects;
(d) Leadership training;
(e) Social services;
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(f) Homelife services;
(g) Health services;
(h) Spiritual enrichment;
(i) Community and family welfare services; and
(j) Continuing education programs. 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.

The family of the child in conflict with the law shall endeavor to actively participate in the community-
based rehabilitation. If the community-based rehabilitation is availed 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.

Institutional rehabilitation

The objective of rehabilitation of children in conflict with the law in institutions is to provide care,
protection, education and vocational skills, with a view to assisting them to assume socially constructive and
productive roles in society. Children in conflict with the law who are placed in institutions shall receive care,
protection and all necessary assistance – social, educational, vocational, psychological, medical and physical –
that they may require because of their age, sex, and personality and in the interest of their wholesome
development.

Where a child may be admitted for rehabilitation

In the event the court finds that community-based rehabilitation is inappropriate and deprivation of
liberty through institutional rehabilitation is required, the child in conflict with the law may be committed to
one of the following:

(1) Youth Detention Home;


(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities

As provided in Section 45 of the Act, no child shall be admitted in any rehabilitation or training facility
without a valid order issued by the court after a hearing for the purpose.

The details of the court order referred in Rule 74.c shall be immediately entered in a register
exclusively for children in conflict with the law. As required by Section 45 of the Act, no child shall be admitted
in any facility where there is no such register.

The LSWDO shall prepare a Social Case Study Report on the child in conflict with the law and forward
this Report to the rehabilitation facility that shall admit the child. This
Report shall include the psychological evaluation, medical records, birth certificate, school records and other
documents necessary for planning the rehabilitation of the child.

Treatment of children in institutional rehabilitation

As provided in Section 46 of the Act, 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. In the interest and well-being of the child in conflict with the law
admitted in any facility, his/her parents or guardians shall have a right of access.

In all rehabilitation or training facilities, it shall be mandatory that children shall be separated from
adults, unless they are immediate members of the same family, as provided in Section 46 of the Act. Under no
other circumstance shall a child in conflict with the law be placed in the same confinement as adults.

Female children in conflict with the law placed in an institution shall be given special attention as to
their personal needs and problems. In consideration of their gender needs, female children in conflict with the
law shall be handled only by female doctors, correction officers and social workers. They shall be
accommodated separately from male children in conflict with the law. They shall by no means receive less
care, protection, assistance, treatment and training than the male children in conflict with the law. The fair
treatment of female children in conflict with the law shall be ensured. In areas where there are few female
children in conflict with the law, temporary homes or shelters shall be set up, subsidized and managed by the
DSWD, LGUs or NGOs.
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Gender-sensitivity training

No personnel of rehabilitation and training facilities shall handle children in conflict with the law without
having undergone gender sensitivity training. The LGU in coordination the DSWD shall provide gender
sensitivity training and other appropriate trainings relative to treatment and rehabilitation of children in conflict
with the law.

Youth Detention Homes

A Youth Detention Home (or “Youth Home”) is a 24-hour child-caring institution managed by
accredited LGUsand licensed and/or accredited 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 Homes shall have different programs that meet the various needs of children in conflict with the
law. Children whose liberty is restricted pending trial shall undergo programs different from those programs
given children whose sentences are suspended.

Only children in conflict with the law who are detained pending trial or are detained with adults at the
time of the effectivity of the Act may be placed in the custody of Youth Homes. Institutionalization in Youth
Homes shall only be done through a court order after a determination that the continued deprivation of liberty
is necessary and that there are no appropriate alternatives for detention.

All LGUs shall exert efforts for the establishment of Youth Homes for children in conflict with the law
within five (5) years from the effectivity of the Act. LGUs shall set aside an amount to build Youth Homes.
Youth Homes may also be established by private and non-government organizations licensed and accredited
by the DSWD, in consultation with the JJWC. All Youth Homes to be established shall be separate and located
in a compound far from jails and other detention centers for adults. The DILG shall monitor the establishment
and maintenance of Youth Homes in the LGUs.

Operation and Standards

The DSWD through its Standards Bureau shall, in consultation with concerned agencies, develop,
review and enhance the standards for Youth Homes to ensure efficiency, effectiveness and accountability in
the delivery of quality programs and services for children in conflict with the law who are detained pending
trial. All Youth Homes shall operate in a secure manner that ensures the safety and protection of children in
conflict with the law, staff and the community where it is located. It shall engage them in a helping
relationship with a team of various disciplines in a home-like environment. It shall likewise comply with the
standards set forth by the DSWD Standards Bureau.

Registration, Licensing and Accreditation of Youth Homes

No Youth Home shall operate without a valid registration, license and accreditation certificate from
DSWD, except for Youth Homes managed by LGUs, which shall be exempt from registration and licensing. The
DSWD shall undertake the accreditation and licensing of the operation of Youth Homes. Failure to comply with
the registration, licensing and accreditation requirements shall be dealt with in accordance with Section 62 of
the Act and Part XIV of these Rules. Other DSWD rules and regulations for registration, licensing and
accreditation shall also be applied unless otherwise specified in these Rules.

LGU, private and NGO-managed Youth Homes established and operating without registration and/or
license certificates prior to the effectivity of the Act shall apply for such within three (3) months upon
effectivity of the IRR. Those that will be established after the application for registration shall be done prior its
operation, for a license to operate within two years from date of registration. Application for accreditation shall
be done within one (1) year from issuance of license. LGU-managed Youth Homes established prior to the
effectivity of the Act shall apply for accreditation within three (3) months from date of effectivity of this IRR
and those that will be established thereafter shall apply within one (1) year after its establishment.
Applications for registration and license shall be filed with the DSWD Field Office where the Youth Home is
located, except those managed by private and nongovernment organizations operating in more than one
region, in which case, applications shall be filed with the DSWD Standards Bureau, Central Office. All
applications for accreditation shall likewise be filed with the DSWD Standards Bureau.

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Youth Rehabilitation Center

A Youth Rehabilitation Center (or “Youth Center”) refers to a 24-hour residential care facility that
provides children in conflict with the law with care, treatment and rehabilitation services under the guidance of
a trained staff where children in conflict with the law on suspended sentence, or “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 Youth Center is managed by the DSWD, LGUs, or licensed
and/or accredited NGOs monitored by the DSWD, and the preceding rules on registration, licensing and
accreditation shall apply.

Physical mobility of residents of Youth Centers may be restricted pending court disposition of the
charges against them. A quarterly report shall be submitted by the Youth Center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the children in the center, a final
report will be forwarded to the court for final disposition of the case.
The DSWD shall establish Youth Centers in each region of the country. The local government and other
private and non-government entities and organizations shall collaborate and contribute their support for the
establishment and maintenance of these facilities. In regions where Youth Centers are not yet established the
DSWD shall immediately establish a Youth Center within one (1) year from the effectivity of the Act.

Registration, Licensing and Accreditation of LGU and NGO-Managed Centers

In case of Youth Centers managed by LGUs and NGOs, the Rules on registration, licensing and
accreditation of Youth Detention Homes (Rules 76.e, 76.f and 76.g) shall apply.

The expenses for the care and maintenance of a child in conflict with the law under institutional care,
either in Youth Homes or Youth Centers, shall be borne by his/her parents or those persons liable to support
him/her. In case the parents of the child in conflict with the law or those persons liable to support him/her
cannot pay all or part of said expenses, the government shall shoulder said expenses in accordance with Rule
100.a. below.

The costs and maintenance of a child under institutional care shall be in accordance with the guidelines
set forth by the DSWD in consultation with LGUs, private and licensed and/or accredited NGOs. These
guidelines shall be updated at least every five (5) years in consideration of the prevailing price of commodities
and cost of living in the locality where the facility operates.

Youth Centers, shall notify the parents and the concerned LGUs where the offense was committed or
where the child resides, as the case may be, within two (2) weeks after admission, indicating the
corresponding amount needed for the care and maintenance of the child for the duration of his/her stay in the
Home or Center. Specific instruction on the payment modes shall also be given to facilitate this. If no payment
is made to the receiving institutions after three (3) notices, Rules 100.a and 100.b shall apply.

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 Bureau of Corrections,
in coordination with the DSWD.

After-care support services

After care support services are services given to children in conflict with the law whose cases have
been dismissed by the proper court because of good behavior per recommendation of the DSWD social
worker, the LGU, and/or any accredited NGO youth rehabilitation center. After-care support services for
children in conflict with the law shall be given for a period of at least six (6) months. After care support
services include counseling and other community-based services designed to facilitate social reintegration,
prevent re-offending and make the children productive members of the community. These services may
include but should not be limited to seminar/workshops, life skills development, sports clinics activities, skill
and livelihood programs for future employment and membership to existing youth organizations that enhance
and teach life skills and positive lifestyle and other preventive programs.

The after-care support services under this Rule shall be provided by the LSWDO. The development of
these services shall comply with the criteria set by the JJWC as provided in the Act and these Rules. The after-
care support services shall engage the active participation of the child and his/her parents or guardians.
Licensed and accredited NGOs may be mobilized by the LSWDO in the provision of after-care support services.
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CONFIDENTIALITY AND PRIVACY

Right to confidentiality and privacy - a child in conflict with the law has the right to have his/her
privacy respected fully at all stages of the proceedings, from initial contact to the final disposition of the case,
including stages when child undergoes intervention, diversion, rehabilitation or aftercare programs. As such, 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 identity of the child shall not be divulged unless
necessary and with authority of a judge. No information that may lead to the identification of a child in conflict
with the law and members of his/her family shall be published or broadcast in any mass media. In case the
offended party is a child, the right to confidentiality and privacy of said child shall be governed by Republic Act
No. 7610 (the “Special Protection Against Child Abuse, Exploitation and Discrimination Act”), Republic Act No.
8505 (the “Rape Victim Assistance and Protection Act”), and their Implementing Rules and Regulations.

As provided in Section 5(h) of the Act, the public shall be excluded during the proceedings, from
initial contact to the final disposition of the case, and all records from these proceedings 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:
(a) To determine if the child in conflict with the law may have his/her sentence suspended;
(b) If the child in conflict with the law may be granted probation under the probation law; or
(c) To enforce the civil liability imposed in the criminal action.

The results of the medical examination of the child in conflict with the law taken prior or during the
trial shall be kept confidential, unless otherwise ordered by the Family Court.

The disclosure of confidential records may only be done upon order of the Court. The records of the
child in conflict of the law may only be disclosed to persons specifically enumerated in the order of the Court
permitting such disclosure. As provided in Section 43 of the Act, the records of a child in conflict with the law
shall not be used in subsequent proceedings, whether criminal, civil or administrative, for cases involving the
same offender as an adult, except when beneficial for the offender and upon his/her written consent. As
required under Section 43 of the Act, all authorities having contact with the child in conflict with the law or
having access to the records of the child in conflict with the law shall undertake all measures to protect this
confidentiality of proceedings, including the:

(a) Use of a system of coding that provides aliases for children taken into custody;
(b) Maintenance of a separate logbook and a separate police blotter for children in conflict with the
law;
(c) Exclusion of the public, particularly the media, from the area where the child is being held in
custody pursuant to Section 43 of the Act;
(d) Non-disclosure of any detail or information to the public, particularly the media, that shall lead to
the identity of the child;
(e) Keeping the results of the medical examination confidential; and
(f) Marking of the records of the child and the report on the initial investigation as confidential. Failure
to undertake measures to maintain confidentiality is punishable under Sec. 62 of the Act.

Exemption from perjury and liability for concealment or misrepresentation

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, pursuant to
Section 43 of the Act. No person shall also be denied privileges and opportunities, discriminated against,
punished or in any manner held liable or responsible for non-disclosure of any fact relating to his/her conflict
with the law as a child.

EXEMPTING PROVISIONS

Status Offenses, not punishable

As provided in Section 57 of the Act, status offenses or offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing similar acts, shall not be punished. Any
conduct not considered an offense or not penalized if committed by an adult, including but not limited to
curfew violations, truancy, parental disobedience and the like, shall not be considered an offense and shall not
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be punished if committed by a child. In the event a child is apprehended for or accused of committing status
offenses, law enforcement officers have the obligation to immediately release the child and that the provisions
of this Act on prevention, diversion or rehabilitation shall not apply.

As provided in Section 58 of the Act, all children shall be exempt from prosecution for the following
offenses, being inconsistent with the United Nations Convention of the Rights of the Child:

(1) Vagrancy and prostitution under Article 202 of the Revised Penal Code;
(2) Mendicancy under Presidential Decree No. 1563; and
(3) Sniffing of rugby under Presidential Decree No. 1619.

Treatment of children exempt from prosecution

Upon initial contact with the child found to have committed any of the offenses enumerated in Rule
89.a, the law enforcement officer shall immediately turn over the custody of the child to the LSWDO. The child
shall undergo appropriate counseling and treatment program to be determined by the LSWDO as provided in
Section 58 of the Act. As mandated by Section 60 of the Act, 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, deviants, prostitutes, vagrants or other similar derogatory and attaching
to them in any manner any other derogatory names. “Competent authorities” under this Rule refers to persons
having contact with the child in conflict with the law including but not limited to:

(a) Law enforcement officers;


(b) Barangay officials and employees, including members of the LCPCs;
(c) LSWDOs;
(d) Prosecutors;
(e) PAO lawyers;
(f) Judges;
(g) Court social workers;
(h) Personnel of youth detention homes and youth rehabilitation centers;
(i) Personnel of agricultural camps and other training facilities maintained, supervised and
controlled by the BUCOR; and
(j) All persons having authority to implement community-based programs for
intervention, diversion and rehabilitation.

As provided in Section 60 of the Act, no discriminatory remarks and practices shall be allowed
particularly with respect to the child’s class, including but not limited to gender, economic or social status, and
physical condition, or ethnic origin. As provided in Section 61 of the Act, 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 and 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.

Also prohibited under the Act are the following:

Violation of the confidentiality of proceedings involving a child in conflict with the law, as provided in
Section 43 of the Act and Part XIII of these Rules, due to acts and omissions such as but not limited to the
following:
(a) Disclosure to the media of records, including photographs, of children in conflict with the law;
(b) Failure to maintain a separate police blotter for cases involving children in conflict with the law; and
(c) Failure to adopt a system of coding to conceal material information, which will lead to the child’s
identity.
(d) Commission of prohibited acts under Section 21 of the Act and Rule 28 on Prohibited Acts when in
custody of child.
(e) Failure to comply with the registration, licensing and accreditation requirements under Rules 76 and
77.
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CASUAL FACTORS TO JUVENILE PROBLEM BEHAVIOR

Over the years, criminologists have put forth a wide variety of motives for what causes crime. People
who deal with young people cite the following root conditions: poverty, family factors, the environment, media
influence, and declining social morality. These will be taken up in order:

Poverty - Although it is considered passé to say poverty causes crime, the fact is that nearly 22
percent of children under the age of eighteen live in poverty. Poverty, in absolute terms, is more common for
children than for any other group in society. Ageism, they say, is the last frontier in the quest for economic
equality. Adolescents from lower socioeconomic status (SES) families regularly commit more violence than
youth from higher SES levels. Social isolation and economic stress are two main products of poverty, which
has long been associated with a number of D-words like disorganization, dilapidation, deterioration, and
despair. Pervasive poverty undermines the relevance of school and traditional routes of upward mobility. The
way police patrol poverty areas like an occupying army only reinforces the idea that society is the enemy
whom they should hate. Poverty breeds conditions that are conducive to crime.

Family Factors - One of the most reliable indicators of juvenile crime is the proportion of fatherless
children. The primary role of fathers in our society is to provide economic stability, act as role models, and
alleviate the stress of mothers. Marriage has historically been the great civilizer of male populations,
channeling predatory instincts into provider/protector impulses. Economically, marriage has always been the
best way to multiply capital, with the assumption being that girls from poorer families better themselves by
marrying upward. Then, of course, there are all those values of love, honor, cherish, and obey encapsulated in
the marriage tradition. Probably the most important thing that families impart to children is the emphasis upon
individual accountability and responsibility in the forms of honesty, commitment, loyalty, respect and work
ethic.

Most of the broken home literature, for example, shows only weak or trivial effects, like skipping school
or home delinquency. Another area, the desistance literature, shows only that children from two-parent
families age-out of crime earlier. In fact, there is more evidence supportive of the hypothesis that a stepparent
in the home increases delinquency, or that abuse and neglect in fully-intact families lead to a cycle of violence.
To complicate matters, there are significant gender, race, and SES interaction effects. Females from broken
homes commit certain offenses while males from broken homes commit other kinds of offenses. Few
conclusions can be reached about African American males, but tentative evidence suggests stepparenting can
be of benefit to them. SES differences actually show that the broken home is less important in producing
delinquency among lower-class youth than youth from higher social classes. Most research results are mixed,
and no clear causal family factors have emerged to explain the correlation between fatherlessness and crime,
but it is certainly unfair to blame single mothers, their parenting skills, or their economic condition for what are
obviously more complex social problems.

The Environment - Unless we are willing to believe that testosterone (a male stimulation-seeking
hormone) causes crime, the only feasible explanations left are environmental ones. The heredity-environment
debate in explaining juvenile crime is shaped by divided opinions about what factors are really important:
genetic tendencies, birth complications, and brain chemicals, on one side; and being a victim of abuse,
witnessing domestic battering, and learned behaviors, on the other side. The idea that all behavior is learned
behavior is associated with environmental explanations. Sure, everyone has a potential for violence, but we
learn how to do it (in all its different forms) from observing others do it. In fact, most of us are suckers for
observing violence, glamorizing it to the point where we like more and different forms of it everyday, in the
news, on TV shows, in action movies. So when you're talking about reducing the need to see violence on TV,
you're really talking biology or psychology. The study of environmental factors, on the other hand, is
concerned primarily with social considerations. While violence may be part of everyone's behavioral repertoire,
the temptations (triggers, cues) to do it are embedded (lodged, locked, firmly put in place) with social
networks (relationships and situations) that more or less make this kind of behavior seem acceptable at the
moment.

The unfortunate truth is that, in many places, there are a growing number of irresistible temptations
and opportunities for juveniles to use violence. Brute, coercive force has become an acceptable substitute,
even a preferred substitute, for ways to resolve conflicts and satisfy needs. Think of it as the schoolyard bully
who says "Meet me in the parking lot at 4:30". Under circumstances like these, the peer pressure and reward
systems are so arranged that fighting seems like the only way out.

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Now think for a moment about the crucial importance of peer groups: whether there are people who
would respect you for standing up to fight, or whether there are people important to you that would definitely
not approve of your fighting. What environmental learning theorists are saying is that there are fewer and
fewer friends available to help you see the error of your ways in deciding to fight.

Most of the recent research in this area revolves around "neighborhood" factors, such as the presence
of gangs, illicit drug networks, high levels of transiency, lack of informal supports, etc. Gang-infested
neighborhoods, in particular, have no effective means of providing informal supports that would help in
resisting the temptations to commit crime. Such neighborhoods would more likely have an informal
encouragement policy, with five or more places where you could buy a gun and drugs available to give you the
courage to use the gun. Firearms- and drug-related homicides have increased over 150% in recent years, and
the clearest drug-violence connection is for selling drugs because illicit drug distribution networks are
extremely violent.

In such neighborhoods, families, school authorities, and even community organizations are often
incapable of providing any protection for children. There are no peer-level social supports to reinforce the
conventional lifestyles that these agencies want their children to emulate. The reality of street life, its illicit
economy, and quick and easy pathways to success and prestige through violence and crime all offer rewards
that offset the risks associated with these activities. And, even if a child experiences the risks of street life
firsthand, like by getting shot or stabbed, this only reinforces the child's desire for more exposure to the
learning of street life, to do better next time by listening more closely to delinquent peers and not to the
advice of legitimate authorities. Victimization and perpetration go hand in hand. This is what is meant when
criminologists say that the best predictor of future delinquency is past behavior, or age of onset. The strongest
(primacy) effect is when violence is modeled, encouraged, and rewarded for the first time. It determines the
type of friends one chooses, which in turn, determines what behaviors will be subsequently modeled,
established, and reinforced.

Media Influence - Popular explanations of juvenile crime often rest on ideas about the corrupting
influence of television, movies, music videos, video games, rap/hip hop music, or the latest scapegoat du jour,
computer games like Doom or Quake. The fact is that TV is much more pervasive, and has become the de
facto babysitter in many homes, with little or no parental monitoring. Where there is strong parental
supervision in other areas, including the teaching of moral values and norms, the effect of prolonged exposure
to violence on TV is probably quite minimal. When TV becomes the sole source of moral norms and values,
this causes problems. Our nation's children watch an astonishing 19,000 hours of TV by the time they finish
high school, much more time than all their classroom hours put together since first grade. By eighteen, they
will have seen 200,000 acts of violence, including 40,000 murders. Every hour of prime time television carries
6-8 acts of violence. Most surveys show that around 80% of American parents think there is too much violence
on television.
Most of the scientific research in this area revolves around tests of two hypotheses: the catharsis
effect, and the brutalization effect; but I am giving this area of research more credit than it deserves because
it is not that neatly organized into two hypotheses. Catharsis means that society gets it out of their system by
watching violence on TV, and brutalization means we become so desensitized it doesn't bother us anymore,
but there are also "imitation" hypotheses, "sleeper" effects, and lagged-time correlations. The results of
research in this area are too mixed to give any adequate guidance, and it may well be that social science is
incapable of providing us with any good causal analysis in this area. Only anecdotal evidence of a few cases of
direct influence exist.

Since the early 1990s, a number of films, music videos, and rap music lyrics have come out depicting
gang life, drugs, sex, and violence. Watching or listening to these items gives you the feeling that the
filmmakers or musicians really know what they're talking about and tell it like it is, but there have been
unfortunate criminogenic effects. In 1992, for example, 144 law enforcement officers were killed in the line of
duty. That year, four juveniles wounded Las Vegas police officers and the rap song, Cop Killer, was implicated.
At trial, the killers admitted that listening to the song gave them a sense of duty and purpose. During
apprehension, the killers sung the lyrics at the police station. Another case involved a Texas trooper killed in
cold blood while approaching the driver of a vehicle with a defective headlight. The driver attempted a
temporary insanity defense based on the claim he felt hypnotized by songs on a 2 Pac album, that the anti-
police lyrics "took control, devouring [him] like an animal, compelling his subconscious mind to kill the
approaching trooper". Two of the nation's leading psychiatrists were called as expert witnesses in support of
this failed defense.

Social Morality - It has become prevalent, especially among the slacker generations, GenX and
Gen13, to join the old WWII generation in self-righteous, totally gratuitous Sixties-bashing, as if all our social
problems, especially our declining social morality, started with the free-for-all, "any thing goes" hippie
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movement of the 1960s. This time period is often blamed for giving birth to rising hedonism, the questioning
of authority, unbridled pursuit of pleasure, the abandonment of family responsibility, demand for illicit drugs,
and a number of other social ills. Sometimes, even the AIDS epidemic is blamed on the 1960s, although such
accusers are off by about two decades.

To sixties-bashers, today's juvenile "super predators" are nothing but a long line of troubled youngsters
who have grown up in more extreme conditions of declining social morality than the generation before them.
Their thinking is that each generation since the sixties has tried hard to outdo one another in expressing the
attitude that "nothing really matters", culminating in the present teenage regard for angst and irony so
common in contemporary culture.

How should juveniles-in-trouble be handled?

Approaches to the problem generally fall into two camps: the public health solution, and the law
enforcement solution. Advocates of the public health approach tend to see juveniles today as victims of an
anti-youth culture. The problem is not just parents failing children, but a whole attitude among adult society
that is increasingly hostile, angry, and punishing toward youth. It's also not just poverty, per se, among
children, but the relative deprivation of living in a society of affluence in which self-esteem is tied to achieving
affluence. People are only hosts, not causes, of social problems, according to the public health model. The real
enemies (if there need to be enemies at all) are the environment (broad social forces that shape their way
through culture) and the agent (the means of violence, firearms and access to weapons). Intervene, and then
trace the pathology back to its source. The source often turns out to be low SES families and neighborhoods
where there have been few prevention programs, poor economic and educational opportunities, and no way to
reintegrate released offenders back into the community.

The law enforcement solution looks at the problem in terms of what needs to be done to improve
investigation, arrest, prosecution, and conviction. Advocates of this approach perceive that a nationwide
crackdown, "get tough on juvenile crime" program is what this country needs, but they are also just as likely
to want the delivery of real rehabilitation programs in juvenile prisons, at least when we are better able to
separate the minor offenders from super predators. For the most part, however, the belief is that it is society's
duty to punish, not rehabilitate, and boot camps, life terms, and even executions are in order for juveniles if
they deserve it. They should serve time as adults, and face the ultimate punishment, no matter what the age.

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ETHICS AND POLICE COMMUNITY RELATION

Excerpts from the Law Enforcement Code of Ethics

1. “As a Law Enforcement Officer, my fundamental duty is to serve mankind”

This passage is contained in two words: “duty” and “service”. Too often we forget that law
enforcement is not just a job for which we are hired as one would hire a laborer or tradesman. It involves a
sworn duty. Some progressive police department now requires that its officers reaffirm their oath each year
in an effort to drive home the message that is contained in this sworn oath. And to again remind the officer
of the essential relationship between his job and the free society in which he lives.

The word “serve” denotes the denial of one’s own pleasures and desire for the good of the person or
persons to be served. Service involves dedication and sacrifice of the giving of one’s self. These are words
that many find hard to swallow in his present day and age but the job of professional law enforcement
requires a special creed of man.

2. “To safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation; and the peaceful against violence or disorder”

We must, however, understand some of the limitations that are present in a truly democratic society.
In such a society as ours, this task can often be a difficult one, because protecting the rights of the individual
means also protecting the right of the criminal. This is sometimes a hard pill for law enforcement officers to
swallow.

Because of this, some officers stray politically to the far right in an effort to either seek a system where
their job would be made easier, or to better protect the society that they have sworn to serve. It is easy for
an officer to become bitter when he has continually witnessed the ends of justice thwarted by red tape politics
and technicalities of the law. The more truly idealistic he is, the more frustrated he can become, especially if
he lacks a philosophy or understanding of his true purpose in the society which he serves. Why must the
idealistic officer suffer so? When a good carpenter does his best, in building a fine house, one that can be
seen and admired by all, he can stand back and look at his job with a feeling of accomplishment and
satisfaction. The same applies to an artist or anyone in the skilled trades. Why not, then the policemen? Why
must a good policeman, who works hard for the ends of justice, see the products of his work so often crumble
at his feet?

3. “To respect the constitutional rights of all men to liberty, equality and justice”

Respecting the rights of others is not one of man’s natural qualities. It seems to be part of his nature
to suspect and persecute those who are in any different from him. There is no perfect justice on this earth,
nor will there ever be, because man is not all knowing “nor” is he himself perfect. Still we must strive for a
form of justice that represents our ultimate capability. This involves not only great effort on the part or very-
person in the community, but individual sacrifice as well.

One of the greatest areas of fault among police officers generally, is not so much a prejudice against
the criminal. For example, an officer soon learns from experience that a certain group of persons is often
responsible for the majority of the crimes committed such an offense. Such a prejudice could lead to the faulty
conclusion that he is the guilty person. This soon leads to a general feeling or prejudice against all those who

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have been convicted of prior offenses, and an almost subconscious refusal to accord them the same right that
the Constitution provides for all persons.

4. “I will keep my private life unsullied as an example to all”

One of the first things that a law enforcement officer must learn is that he has no private life. Every
citizen should be entitled to his own private life yet when a person accepts the calling of Law enforcement, as
a voluntary measure, he must be willing to offer his privacy as a sacrifice to the good of the community which
he serves. If a law enforcement officer could hide from his neighbors the facts that he is a policeman, then his
private life could be his own. This, however, is impossibility. If a policeman has a family, hi occupation will
become known in the neighborhood within a few days at the most. It he is single, and keeps to himself, he
may keep the secret a little longer, but if he is engaged in active law enforcement within his community, it is
inevitable that his neighbors will become aware of it. One this is known, he will become the Object of
constant observation.

5. “ Maintain courageous calm in the face of danger, scorn or ridicule and develop self
restrain”

In a democratic society, a police officer is a public officer and as such is a servant to the community.
Instead of being above reproach or ridicule, he must expect to receive his position, as part of his job. It is not
easy to control one’s temper when being subjected to unnecessary and unjustified scorn or ridicule. Punching
the perpetrator in the mouth will hurt him physically, but psychologically he will sense victory in that he knows
that he “got to the officer.” Nothing will hurt him more than being ignored. Through practice, even the officer
with temper can learn to control it. For the professional law enforcement officer it is “must”. When subjected
to scorn and ridicule, it often helps just to consider the source.

6. “ Whatever I see or hear of a confidential nature or that is confided to me in my official


capacity will be kept secret unless revelation is necessary in the performance of my duty”

Some officers feel that there is a difference in that the information obtained by the doctor and attorney
is freely given with the understanding that will be confidential whereas the he information obtained as part the
law enforcement officer can be the result of many sources or forms of investigation.

How it was obtained is really not important. The fact that it was obtained as part of the officer’s
occupation, and is usually information that he would not have otherwise obtained had he not been in that
field, is the key point.

This information should never leave the department or the person retaining it unless it is in the interest
of justice. An officer should even be careful not to reveal information to his wife. An officer’s wife is often
very tempted to reveal information of a confidential nature of neighbor women in an effort to show her
neighbors the importance of her husband’s job, and to gain status in the eyes of the neighbor women.

7. “I will never permit personnal feelings, predujice, animosities or friendship to influence


my decisions”

It is quite difficult to know which desire is strongest in some persons, to help our friends or to hurt our
enemies. Both desires are part of our human nature. Helping our friends can be very good thing in self, but
when it involves an inequity in the administration of justice we are defiling the oath we made to the
community in which we serve. In police work, there is ample opportunity to both hurt enemies and help
friends, and it takes a person of strong character to properly perform his duties under these circumstances.
Without professional convictions, this can be impossibility.

8. “I will never act officiously”

One of the faults common to new officers is that they often act officiously. They appear to the public
to be over-impressed with their own importance. In a way this is natural because it is associated with pride
and a new officer is usually very proud for his is a noble undertaking. However, a law enforcement officer
must always guard against having this pride misinterpreted by the public as being merely officious.

The majority of the people who make contact with a law enforcement officer during his hour of duty
are not criminals. The majority of the persons receiving tickets from an officer are normally law abiding,
upright citizens of the community, and they are usually embarrassed enough by being caught inn a traffic
violation without being talked down to or treated like a criminal. Judges often report that a common reason
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for a person appearing in traffic court as not so much to contest the facts of the offense as it is complain
about the demeanor of the officer issuing the citation.

9. “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”

The term “with no compromise for crime” means that crime will not be knowingly permitted. It does
not mean that the officer must perform his duties to the “letter of the law” without taking into consideration
the “spirit of the law”. If the Code of Ethics will be examined, nothing will be found in it to the effect than an
officer must obtain convictions and send people to prison for long periods of time. It does state, however, that
he must do the best of which he is capable, and that his actions must in them be ethical. No man can predict
or guarantee the final results of any action. Only god can do this, Man can only be responsible for his
immediate actions. If an officer does a good job and the court release the criminal, the blame rests not upon
him but upon the courts, the jury or society itself. The modern law enforcement officer has a new motto “Be
firm but fair”. He does not have to be a “theory bound” sociologist just because he treats criminals like human
beings.

The professional law enforcement officer lets the criminal call the tune as to his own treatment. The
officers can and must be as tough as the situation demands yet there is no personal vindictiveness in the way
he treats the criminal. His tone of voice and demeanor usually indicate that he will not be walked on, yet his
actions are fair

10. “I will never employ unnecessary force or violence”

At times the use of force in the performance of one’s duties is an absolute necessity. There is no
escaping it. It is extremely difficult to judge exactly whether or not use of force is necessary in a given
situation. The use of force or violence during interrogations will often produce immediate confessions, but it
should be avoided on ethical grounds. The interrogator seldom knows with complete certainty that the suspect
is guilty, and the use of force or the “third degree” on an innocent person is certainly a miscarriage of justice
as well as a violation of professional conduct. As a means of Punishment for the criminal, it would be out of
place for it is not the function of law enforcement to punish criminals. This belongs to the courts and prisons.

11. “I will never accept gratuities”

Those members of law enforcement who developed this code, were certainly aware of the complexities
of this particular area, but the use of the word “never” in relation to accepting gratuities, indicated that they
felt that this was a necessary and essential prerequisite to professional law enforcement. To be truly
professional we must first be ethical, we must do what is actually describe, not merely what we would like to
be desirable.

12. “ I recognize the badge of my office as a symbol of public faith, and I accept it as a public
trust to be held so long as I am true to the ethics of police service”

The essence of this section is one of the most overlooked and forgotten facets of law enforcement by
the man in the field. It is this that distinguishes the difference between law enforcement and the ordinary job.
It is this that enables an officer to suffer the difficulties and problems that make the held, at times, so
frustrating and discouraging. Police administrators would do well to place more emphasis upon the swearing-
process. It should be made very formal and similar to the initiation of many fraternal organizations.

The chief of Police should see that the recruit is not issued a badge or allowed to put on a uniform until
he is thoroughly familiar with the code of ethics and especially the above section. He should be made to
understand that he is one of a select few, and that his job is public trust that must be earned. The new officer
should also understand that any personal reward would not be obtained from the public itself. This is so
because the public is a difficult master, it there no to personal reward, it can only come from itself or from
knowing the true significance of the job and the essential role that in plays in society. Perhaps the greatest
reward is the self-respect and satisfaction that comes from the knowledge that the job was done in a truly
professional manner.

13. “I will constantly strive to achieve these objectives and ideals dedicating my self before
God, to my chosen profession… Law Enforcement”

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Proficiency in law enforcement involves many factors. It involves mental, moral and physical
conditioning. They are all-important aspects. The officer who let him self-slip physically is certainly not able to
protect society. The officer who is in good physical condition has more confidence in his ability, and those
with whom he deals sense this, and as a result he finds that it is necessary to exert authority as much as it
might be otherwise. Unfortunately, most police department requires a stiff physical agility examination before
this area is either forgotten or greatly neglected. It is left up to the individual officer to keep himself in shape.
The Canons of Police Ethics

The following are the cannons of Police ethics:

 Primordial police responsibility


 Limitation of Police authority
 Knowledge of the law and other responsibilities
 Use of proper means to obtain proper ends.
 Cooperation with public officials
 Proper conduct and behavior
 Conduct toward the community
 Conduct in arresting law violators.
 Firmness in refusing gifts or favors.
 Impartial presentation of evidence
 Attitude toward police profession

Primordial Police Responsibility

The primary objectives of Police is the prevention of crime, policeman knew too well that he has
committed his Life to defend and protect the rights of the citizen and uphold the law at all cost.

Limitation of Police Authority

The primary as an upholder of the law must know its limitation upon him in enforcing the law, thus:

a. He must be aware of the limitations which the people, through law, have placed him
b. He must recognize the center of the democratic system of government, which gives person, or
group of persons, absolute power.
c. He must insure that he does not pervert its true character.

Knowledge of the Law and other Responsibility

a. The policeman shall assiduously apply himself to the principles of the laws, which he is sworn to
applied.
b. He will make certain of his responsibilities in the particular field of enforcement, seeking aid of his
superior in matters technically or in principles are not clear to him
c. He shall make special effort to fully understand his relationship with law enforcement agencies,
particularly on matters of jurisdiction, both geographically and substantively.

Use of proper Means to Obtain Paper Ends

a. The policeman shall be Mindful of his responsibility to have strict selection of methods in
discharging the duty of his office.
b. Violation of law or public safety and property on the part of the officer are intrinsically wrong. They
are self-defeating if they instill in the public mind and a like disposition.
c. The employment of Illegal methods, no matter how worthy the end, is certain to encourage
disrespect for the law and its officers, If the law is to be honored, it must first be honored by those
who enforce it.

Cooperation with Public Officials

The policeman shall cooperate fully with other public officials in the performance or authorized duties,
regardless of party affiliation or personal prejudices. He shall be meticulous law, however, in assuring himself
of property, under the law, such actions and shall guard against the use of his office or person whether
knowingly or in any improper or illegal action.

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Proper Conduct and Behavior

The policeman shall be mindful of his special identification by the public as an upholder of law. Police
laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special
prevail, cannot but reflect upon in the policeman and the police service. The community and the service
requires that the policeman leads the life of decent and honorable person, following the career of policeman
gives no special pre-requisite.

Conduct towards the Community

a. The policeman shall be mindful of his responsibility to the community


b. He shall deal with individuals of the community in the manner calculated to instill respect for its
law.
c. He shall conduct his official life in a manner that will inspire confidence and trust.
d. He will be neither overbearing nor subservient, as no individual citizen has no obligation to stand
in awe of him or fight to command him.
e. He will do neither from personal preference or prejudice but rather a duly appointed officer of
the law discharging his sworn obligation.

Conduct in Arresting Law Violator

a. Policeman shall use his powers of arrest in accordance with the law and with due regard to the
rights of the citizen concerned.
b. He shall, at all times, have a clear appreciation of his responsibilities and limitation regarding the
detention of the accused.
c. He shall conduct himself in such a manner as will minimize the possibility of having to use force.
d. He shall cultivate a dedication to the people and the equitable upholding of the law whether in
the handling of the accused or law-abiding citizen.

Firmness in Refusing Gifts or Favors

a. Policeman representing the government bears heavy responsibility of maintaining, in his


conduct, the honor and integrity of all government institution.
b. He shall guard against placing himself in a Position in which the public can reasonably assume
that special consideration is being given.
c. He shall be firm in refusing gifts, favors or gratitude, large or small, which can be public mind,
be interpreted as capable of influencing his judgment in the discharge of his duties.

Attitude towards Police Profession

a. Policeman shall regard the best possible of his duties as a public trust and recognize
his responsibilities as a public servant.
b. He shall strive to make the best possible application of science to the selection of the crime and
in the field of human relation.
c. He shall strive for effecting leadership and public influence in matters affecting public safety.
d. He shall appreciate the importance and responsibility of his office, and hold police work to be an
honorable profession rendering valuable service to his community.
e. Through study and experience, a police officer can acquire the high level of knowledge and
competence that is essential for the efficient and effective performance of duty. The acquisition of
knowledge is a never- ending process of personal and professional development that should be
pursued constantly.

Impartial Presentation of Evidence

a. Policeman shall be concerned equally in the prosecution of the accused or for the defense of
the innocent
b. He shall ascertain what kind of evidence and shall present such evidence impartially and
without malice.
c. He shall ignore social, political and all other distinction among the person involved,
strengthening the tradition of reliability and integrity of an officer’s word.

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Professional Police Principles

The following are the professional police principles:

 Prevention of crime and disorder


 Cooperation of the community
 Unreasonable force reduce community cooperation
 Use of reasonable force when persuasion is not sufficient
 Impartial enforcement of laws.
 The community is the police.
 Police should not usurp judicial powers.
 Rules of engagement impartially observed.
 Reduction of crime and dishonor.
 Police discretion

Prevention of Crime and Disorder

The basic mission for whom the police exist is to prevent crime and disorder as an alternative to the
repression of crime and disorder by police force and severity of legal punishment.

Cooperation of Crime and Disorder

The police must secure the willing cooperation in the voluntary observance of the law to be able to
secure and maintain the respect and support of the community. The ability of the police to perform their duty
is dependent upon community support of police existence, actions, behavior and the ability of the police to
secure and maintain community and respect.

Unreasonable Force Reduce Community Cooperation

A police officer will never employ unnecessary force or violence and will use only such force in the
discharge of duty as in reasonable in all circumstances. Force should be used only with the greatest restraint
and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective.
While the use of force is occasionally unavoidable, every police officer will refrain from applying the
unnecessary infliction of pain or suffering and will never engage in cruel, degrading of inhuman treatment of
any person.

Use of Reasonable Force when Persuasion Is Sufficient

The police should use reasonable force to the extent necessary to secure observance of the law or to
restore order only when the exercise of persuasion, advice and warning is found to be insufficient to attain
police objectives. No violence or unnecessary force shall be subject to any greater restrain than is necessary
for his detention.

Impartial Enforcement of Laws

The police seek and preserve community favor, not by catering to community opinion, but constantly
demonstrating absolutely impartial enforcement of laws, without regard to the justice and injustice of the
substance of particular laws. In short, there should be impartial enforcement of laws on all individual members
of the, society without regard to their race of social standing.

The Community is the Police

The police at all times should maintain relationship with the community that gives really to the historic
tradition that the police are the community are the police. The police are the only members of the community
who are pain to give full time attention to maintain peace and order, which are incumbent on every citizen in
the interest of community welfare.

Police Should Not Usurp Judicial Powers

The police should always direct their actions strictly toward their functions and never appear to usurp
the powers of judiciary by averaging individuals of the state of authoritative judging guilt of punishing the
guilt.

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Reduction of Crime and Disorder

The test of police efficiency is the reduction of crime and disorder until totally eradicated, not by
evidence of police present and action in dealing with the community.

Rules of Enforcement Impartially Observed

a. Policemen engaged in anti-crime operation always consider the safety and security of who might be
caught in the crossfire or arm encounters.
b. The use of force including firearms is justifiable only by virtue of the Doctrine of self-defense and
Defense of a Stranger. Nobody, including the policeman and other law enforcement authorities is
above the law.
c. The use of force, especially firearms, should be applied only as a last resort, when all other
peaceful and non-violent means has been exhausted.
d. The use of force, especially firearms, should be confined only in the lawless elements and the
responding PNP unit. This is inherent in the police service in which the profession, the armaments and
safety life of every police officer are dedicated to the protection and safety of the people.

Police Discretion

A police officer will use responsibly the discretion vested in the position and exercise if within the law.
The principle of reasonableness will guide the officer’s determinations and the officer will consider all
surrounding circumstances whether any legal action shall be taken. Consistent and wise use of discretion,
based on professional policing competence, will do much to preserve good relationship and retain the
confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is
important to remember that a timely word of advice rather than arrest (in appropriate circumstances) is a
more effective means of achieving a desired end.

Core Values

The police service is noble and professional. Hence, it demands from its members a specialized
knowledge, skill and high standard ethics and morality.

In this regard, the member of the Philippine National Police must adhere to and internalize the
enduring core values of the PNP.

 Love of God.
 Respect for authority.
 Respect for women
 Respect for sanctity of marriage.
 Stewardship over material things
 Responsible dominion
 Truthfulness

The Police Officer’s Pledge

I will love and serve God, my country and people.


I will uphold the Constitution and obey legal orders of duly constituted authorities.
I will oblige myself to maintain high standard of morality.
I will respect the customs and traditions of the police service.
I will live a decent and virtuous Life to serve as an example.

The Police Officer’s Creed

1. I believe in God, the Supreme Being and Great provider, the Creator of all men and everything dear to
me. In return, I can do less than love Him above all, seek His guidance in the performance of my
duties and honor Him at all times.
2. I believe that respect for authority is a duty
3. I believe and uphold the Constitution, the laws of the land and the applicable rules and regulations.

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4. I recognize the legitimacy and authority of the leadership, and follow and obey legal orders of my
superior officers.
5. I believe in selfless love and service to people.
6. Toward this end, I commit myself to the service of my fellowmen over and above my personal
convenience.
7. I believe in the sanctity of marriage and the respect for women.
8. I shall set the example of decency and morality.
9. I shall have high regard for family life and chastity.
10. I believe in responsible dominion and stewardship over material things.
11. I shall inhibit myself from ostentatious display of my property.
12. I shall protect the environment and conserve nature to maintain ecological balance.
13. I shall not intrigue, gossip or make unverified statement concerning personal character of conduct,
which will discredit another member of the police service.

The Police Code of Covenant

I shall recognize and I will always be conscious of the fact that the police service is an honorable
calling, thus compelling me to set the example by strictly adhering to the provision of the code of professional
conduct and ethical standards.

I bind myself to promote and enhance the noble ideas and aspirations of code of my personal and
professional life and ensure that its tenets shall be honored at all times.

This is my personal covenant.

The Policeman’s Prayer

Lord God Almighty, grant us that we may this day and everyday over all temptations especially to
injustices and disloyalty and with our minds inflamed by Your Holy Spirit, perform all our duties in such a
manner that as maybe pleasing to Your Devine Will so that when call to report for the last time, we may not
be found wanting. Amen.

The Filipino Policeman

A Filipino policeman is a protector and a friend of the people. His badge is the symbol of the citizen’s
faith and trust, his uniform a mirror of decorum and integrity and his whole human person an oblation of
enduring love for homeland, fellowmen and god.

A Filipino policeman emulates the valor of Lapu Lapu, serenity of Rizal, the leadership of Aguinaldo, the
courage of Bonifacio, the idealism of Del pilar, the wisdom of Mabini and the fortitude of Gomez, Burgos, and
Zamora.

A Filipino policeman has an oath for his republic to uphold: to defend the constitution, honor the flag,
obey the laws and duly constituted authorities. He has covenant with his people to comply: to safeguard and
protect them even beyond the call of duty. And he has a legacy for his family to fulfill: to bequeath unto them
the one and only treasure of his life - an embellished name.

The Police Professional Conduct

All members of the Philippine National Police (PNP) shall observe the following professional police
conduct:

Commitment of Democracy - Uniform PNP members shall commit themselves to the democratic
way of life and value and maintain the principles of public accountability. Public office is a public trust. Public
officer must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty
and efficiency, act with patriotism and justice, and leas modest lives. They shall at all times uphold the
constitution and be loyal to our country, people and organization above loyalty to any persons or organization.

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Commitment to Public Interest - PNP members shall always uphold public interest over and above
personal interest. All government properties, resources and powers of their respective offices must be
employed and used effectively, honestly and efficiency, particularly to avoid wastage of public fund and
revenues.

Non-Partisanship - PNP members shall provide service to everyone without discrimination regardless
of Party affiliation in accordance with existing laws and regulations.

PNP Conduct during Labor Dispute - The involvement of PNP during strike, lockout, and labor
dispute in general shall limited to the maintenance of peace and order, enforcement of laws and legal Orders
of duly contributed authorities.

Physical Fitness and Health - All PNP members shall strive to be physically fit and in good health at
all times. Towards this end, they shall undergo regular exercise and annual medical examination in any PNP
hospital or medical facility.

Secrecy Discipline - All PNP Members shall guard the confidentiality of classified information against
unauthorized disclosure. This includes confidential aspect of official business special orders, communication
and other documents, roster or any portion thereof of the PNP, contents of criminal records, identities of
person who may have given information to the police in confidence and other classified information on
intelligence materials.

Social Awareness - All PNP members shall be actively involved in civic, religious, and other social
activities with the end purpose of increasing social awareness.

Proper Care and Use of Public Property - All PNP members shall be responsible for the security,
proper care and use of Public property issued to them and/or deposit under their care and custody,
unauthorized used of Public property for personal convenience of gain and that of their family, friends,
relatives is strictly prohibited.

Non-Solicitation of Patronage - All PNP members seeking self-improvement through career


development and shall not directly or indirectly solicit influence or recommendation from politician, high
ranking government officials, prominent citizens, persons affiliated with civic or religious organization with
regard to their assignment, promotion, transfer or related advantage.

Respect for Human Rights - In the performance of duty, PNP members shall respect human dignity
and uphold human rights of all persons. Every police officer shall not inflict, investigate, or tolerate extra
judicial killing, arbitrary arrest, any act of torture or other cruel, inhuman or degrading treatment and
Punishment. Every members of the PNP shall not invoke superior order or exceptional circumstances such as
state of war, a threat to national security, internal political instability or any committing such human rights.

Devotion to Duty - All PNP members shall perform their duties with dedication, efficiency
enthusiasm, determination and manifest concerned for public welfare. He shall refrain from engaging in any
activity, which shall in conflict with their duties as Public servant. He shall not reign sickness or injury or
physical incapacity to avoid performance of duty. He shall not leave his assigned jurisdiction of official
business, except by permission of his superior officer or other competent authority, unless such permission is
not practical as in pursuit of a criminal, in which case a report must be made immediately thereafter.

Conservation of Natural Resources - All members of the PNP shall help in the development and
conservation of our natural resources for ecological balance and posterity. The natural resources are
considered inalienable heritage of our people.

Discipline - PNP policemen shall conduct themselves at all times in keeping with the rules and
regulation of the organization. All policemen at all levels shall adhere to the eight tenets of discipline, which
include the following:

Loyalty - PNP members must be loyal to the constitution and the police service as manifested by their
loyalty to the superior peers and subordinates as well.

Obedience to Superior - PNP members shall obey lawful orders and to be courteous to superior
officers and other appropriate authorities within the chain of command. No members shall use abusive,
insulting or indecent language to another member.
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Command Responsibility - In accordance with the Doctrine of Command Responsibility, immediate
commanders shall be responsible for the effective supervision, control and direction of their personnel. He
shall see to it that all government resource with laws and regulations and safeguards against losses through
illegal of improper disposition.

The Police Ethical Standards

a. Morality - All PNP members shall adhere to high standards of morality and decency and shall set
good example for others to follow.

b. Judicious use of Authority - All PNP members shall be permitted to apply for search warrant for
any evidence of assault against himself without reporting the case in writing to his superior officer
and Obtaining from his permission to apply for such warrant.

c. Justice - PNP members shall strive constantly to respect the rights of other so that they can fulfill
their duties and exercise their rights as human beings, parents, children, workers, leaders, of in
other capacities and to see to ensure that others do likewise.

d. Humility - All PNP members shall recognize the fact that they are public servants and not the
master of the people and toward this end, they should perform their duties without arrogance.

e. Orderliness - All PNP shall follow logical procedure in accomplishing task assigned to them to
minimize waste in the use of time, money and efforts.

f. Perseverance - Once a decision is made all PNP members shall take legitimate means to achieve
the goal even in the face of internal or external difficulties, and despite of anything which might
weaken their resolve in the course of time.

g. Integrity - PNP members shall not allow themselves to be victims of corruption and dishonest
practices in accordance with the provision of existing laws on corrupt practices.

Ethical Issues Affecting Police Service

Police Image - The image of any organization affects the esprit de corps, morale and welfare of
members and sense of pride to the organization. In view thereof, all members of the PNP should conduct
themselves in manner that would not place the PNP core values in vain and possess the following virtue:
Honor, Integrity, Valor, Justice, Honesty, Humility, Charity, and Loyalty to the service.

Career Management the Key In Professionalism - The improper implementation of career


management greatly these prejudice the personnel professionalization process as regards to procurement,
promotion, all assignment, placement, training awards, and retirement.

To address this issue, and PNP shall formulate stringent policy and strictly implement the human
resources development system, compatible to the equitable distribution of procurement, fair promotion,
rationalizes approach in assignment, skill development, immediate grant of reward and award, decent living
upon retirement.

Police Management Leadership - The effectiveness of the law enforcement is reflective of law
enforcement is reflective of the managerial capabilities and competent leadership of men and women who run
the PNP organization. It is therefore a “must” that this attribute be the primary basis for consideration in the
selection of personnel for employment purpose.

Equality in the Service - There shall be judicious equitable distribution of opportunity to prove one’s
worth in the police service. The problem on inequality through class orientation and factionalism, both real
and perceived, precise on favored assignment, inequitable opportunity, of training, unfair granting of
promotion, and untimely awarding of achievements will create an atmosphere of demoralization.

The result is inefficiency and lack of teamwork to the detriment of organization. It behooves therefore
on the PNP leadership to address the situation. The civilian character requires the adherence to the rule on
merit and fitness system and to dissociate to the above process from class orientation and factionalism.

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Police Lifestyle - The PNP shall endeavor to promote lifestyle for every member of the organization
that is acceptable and respectable in the eyes of the public. Further, its members should set example to the
subordinate and follow good example from the superiors. Police officers will behave in a manner that does not
bring discredit to their agencies or themselves.

A police officers character and conduct while off duty must always be exemplary, thus maintaining a
position of respect in the community, in which he or she lives and serves. The officer’s personal behavior
must be beyond repute. They must be free from greed, corruption and exploitation. The public expects a
police officer to live a simple, yet credible and dignified life.

Delicadeza - In consonance with the requirements o honor and integrity in the PNP, all members
must have the moral courage to sacrifice self-interest in keeping with the time-honored principles of
delicadeza. All members shall promptly discharge all debts and legal liabilities incurred by them.

Political Patronage - All PNP members must inhibit themselves from soliciting political patronage in
matters pertaining to assignment, awards, training and promotion.

Human Rights - All PNP members must respect and protect human dignity and men’s inalienable rights
to life, liberty and prosperity.

Right to Life includes the right to live, free from social damages against life or limb, or free from
unjustified control. The Right to Liberty includes the right to determine one’s mode of life with due respect to
the rights of others. Liberty, so it is said, consists largely of freedom arbitrary physical restrain. The liberty of
abode and of changing the same within the limits prescribed by law shall not be impaired except upon the
right to travel be impaired except in the interest of national security, public safety or public health, as any
provided by law. The Right in Property includes the right to acquire, hold, enjoy, possess and manage
property or to dispose the same accordingly as well as to devote the same to legitimate use.

Police Customs and Traditions

The PNP adopts the generally acceptable customs and traditions base on the desirable practices of
the police. These shall serve as inspiration as the PNP endeavor to attain its goals and objectives.

Police Customs

A. Custom on Courtesy

Courtesy is a manifestation or expression of consideration and respect on others.

1. Salute – It is the usual greeting rendered by uniformed members upon and


recognizing person entitled to salute.

Salute to National Color and Standards - PNP members stand at attention and salute the national color
and standard as it pass by them or when the national color is raised or lowered during ceremony.

2. Address/Title - junior in rank address senior members who are entitled to


salute with the word “Sir”

3. Courtesy Calls - The following are the customs on courtesy calls:

 Courtesy call of newly assigned/ appointed members -PNP members who are newly
appointed or assigned in a unit or command, call on the Chief of the Unit or command and to
other key personnel for accounting, orientation and other purposes.
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 New year’s call - PNP members pay a new year’s call on their commanders and /or key official
in their respective areas of responsibility.
 Promotion Call – Newly promoted PNP members call on their unit head. On this occasion,
they are usually given during recognition and congratulations by their peers for such deserved
accomplished
 Exit Call - PNP members pays an exit call on their superiors in the unit or command when
relieve or reassigned out of the said unit or command.

4. Courtesy of the Post - The host unit extend hospitality to visiting personnel
who pay respect to the command or unit.

5. Rank has – its – own Privilege - PNP members recognize the practice that
different rank carry with them corresponding privilege.

B. Custom on Ceremonies

Ceremony is a formal act or set of formal acts established by custom or authority as proper to special
occasion.

1. Flag Raising Ceremony - PNP members honor the flag by raising it and singing the National Anthem
before the start of the official day’s work for the week.
2. Flag Retreat Ceremony - At the end of the Official day’s work to PNP members pause for a moment
to salute the lowering of the flag.
3. Half–Mast - The flag is raised at half – mast in difference to deceased uniform / civilian member of
the command.
4. Funeral Service and Honor - Departed uniformed members, retires, war veterans are given vigil,
necrological services and graveside honor as a gesture of farewell.
5. Ceremony rendered to Retirees - In recognition of their long, faithful and honorable service to the
PNP, a testimonial activity is tendered in their honor.

6. Honor Ceremony - Arrival and departure honor ceremonies are tendered to visiting dignitaries, VIPs
PNP officers of equivalent grade.
7. Turn – Over Ceremony - The relinquishment and assumption of command key position is publicly
announced in a Turn – Over Ceremony by the incoming – outgoing officers in the presence of the
immediate superior or his representative and key officials.
8. Wedding Ceremony - During marriage of PNP members, a ceremony is conducted with participants
in uniform and sworn drawn.
9. Anniversary - The birth or institutional establishment of a command or unit is commemorated in a
Anniversary Ceremony

C. Custom and Social Decorum

Customs on Social Decorum are set of norms and standards practiced by members during social and
other functions. The following are police customs and social decorum.

1. Proper Attire - PNP members always wear appropriate and proper attire in conformity with the
occasion.
2. Table Manner - PNP members observe table etiquette at all times.
3. Social Graces - PNP members conduct themselves properly in dealing with the people during
social functions.
4. Uniform/ Appearance - The public looks upon PNP members as distinctively decent when PNP
members wear their uniforms properly wherever they may be. Since disciplined PNP members are best
exemplified by those whose are neat in appearance and wearing the prescribed uniform, they must
therefore observe the following:
 Wearing the prescribed uniform
 Wearing as part of the uniform, awards and decorations earned in accordance with the
prescribed rules and regulations
 Adherence to haircut prescribed by rules and regulations.
5. Manner of Walking - Every PNP member is expected to walk with pride and dignity.

D. Other Police Customs

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1. Visiting the Sick - PNP members who are in the hospital, their residence or anyplace of confinement
are visited by their immediate commanders or other available officers of the unit in order that their
needs are attended.
2. Survivor Assistance to Heirs of Deceased Members - When PNP members die, a Survivor officer
is designated to render maximum assistance to their legitimate bereaved gears until all benefits due
shall have been received.
3. Visiting a Religious Leaders - PNP members/ officers visiting a religious leader in their area of
assignment to establish or maintain rapport and cooperation between the different religious leaders
and PNP.
4. Athletics - All PNP members must undergo in physical fitness activities to insure their proper physical
appearance and bearing are maintain with the waist line measurement always smaller than the size of
his chest and in conformity with the standard set forth by the organization.
5. Happy Hours - Usually Fridays or on any other day suitable for the occasion, PNP members gather a
PNP Clubhouse for a high hearted jesting or airing of minor gripes.

Police Traditions

Tradition is a body of belief, stories, customs and usages handed down from generation to generation
with the effect of an unwritten law.

The following are police traditions.

1. Spiritual Beliefs - PNP members are traditionally religious and god loving person. They attend
religious service together with their family.

2. Valor - History attests that Filipino law-enforcers have exemplified the tradition of valor in defending
the country from aggression and oppression. They sacrifice their limbs and lives for their countrymen
they are pledged to serve.
3. Discipline - The discipline of PNP members manifested by instinctive obedience to lawful orders and
through and spontaneous actions within the bounds of ethical and legal norms.
4. Gentleman - PNP members are upright in character, polite in manners, dignified in appearance, and
sincere in their concern or their fellowmen.
5. Word of Honor - PNP members’ word is their hand; they stand by and commit to uphold it. PNP
members have historically exemplified themselves as dedicated public servants who perform their duty
with deep sense of responsibility and self – sacrifice.
6. Loyalty - Police are traditionally loyal to the organization country people as borne out by history and
practice.
7. Camaraderie – The binding spirit that enhance teamwork and cooperation in the police organization,
extending to the people they serve, is manifested by the PNP members’ deep commitment and concern
for one another.

POLICE COMMUNITY RELATIONS

This chapter presents a discussion on Police Community Relation (PCR). It is generally accepted that
the Police as an organization is a part of the community it serves. This may mean that the police, in its
relentless endeavors against criminality needs the indispensable support of the community. In analysis, the
police is inseparable to the community in all crime prevention and crime suppression activities. Therefore, it
is the concern of every police officer to: develop rapport with the community; and maintain a meaningful
relation with the people and the community at large.

To achieve this end, a police officer should be relentlessly directed by strong sense of responsibility,
courtesy and sincerity. As mentioned by Dr. Agas in his handbook, Notes on Police Community Relations,
“good service is often a matter of how a person presents himself to the public. Courtesy, however, must be
coupled with firmness in order to command respect.”

Terms to Ponder in this Study

As use in this chapter, the following words and phrases shall mean and be construed as indicated:

Police - a civil organization whose members are given special legal powers by the government and
whose task is to maintain public order and to solve and prevent crimes; or group of persons established,

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maintained and organized for keeping order, safety, protection of lives and properties and for prevention and
detection of crimes.
Community - the public or society in general; it refers to the civilian populace in cities, municipalities
or public in general, and shall be used interchangeably with public, citizenry, society, or private sector.
Police Ideal – it refers to the expected standard of perfection or excellence in the personal, and
professional conduct of every member of the police; or the expected essence of perfection, sympathetic,
courteous intelligent, honest, and in control of his emotions and temper, at all times. It also includes courage
and highest sense of dedication to duty.
Personal Media – it is the means of communication used by the police as it deals with the community
such as the use of rallies, meetings, speeches and house to house visits to the community.
Barangay - is the basic political unit of the Filipino nation that implements the policies of the national
and local governments (1987 Phil. Constitution); sometimes referred to as the local community.
Propaganda – any information or publicity put out by an organization (i.e., police) or government to
spread and promote a policy, idea, doctrine, or cause.
Police Community Relation - the sum total of dealings between the police and the people it serve
and whose goodwill and cooperation it craves for the greatest possible efficiency in the service.

The need for Police Community Relation

Some people are apathetic to the programs of the police because of the reported involvement of some
of the officers and members of the Philippine National Police (PNP) to criminal activities and irregularities in
law enforcement. Hence, the PNP needs to strengthen its police community relations activities.
What is Community Relation?

In the police, community relations may mean the total dealings of the police organization as it
immerses itself to the community it serves. On the other hand, Agas in his handbook, Notes on Police
Community Relation, stated that “community relation is like a three-legged stool, each leg of an equal
importance in holding the stool upright. One leg is public relations in its traditional sense. Another leg is
community service. The third leg is community participation, and this is the facet of the total community
relations’ job that is being emphasized today in police and community relations program.”

The Bases of Police Community Relation

In the democratic concept of policing – the police is the people and the people is the police , which
means that every police officer is mandated to protect lives and properties, preserve peace and order and
prevent crimes and other civil disturbances. However, his performance of duty is governed by the Constitution
and other laws and statutes such as the preservation of the basic human rights and observance of the due
process of law.

In addition, every police officer is a public servant and his office is a public trust. Therefore, the police
officer is obliged to conduct himself in the community according to the standards of conducts and ethics of his
organization, the police organization. Furthermore, he should bear in mind that his authority to enforce the
law comes from the people’s mandate.

What are the Principles of Community Relation? The principles of community relation are the following:

1. Community Support must be maintained


2. Community Resentment must be avoided
3. Community Goodwill must be developed
4. Community must be kept informed

What are the Objectives of Police Community Relation? From the viewpoint of the police, Police
Community Relation aims to:

1. Maintain and develop the goodwill and confidence of the community for the police.
2. Obtain cooperation and assistance.
3. Develop public understanding, and support and appreciation for the service of the police.
4. Create broader understanding and sympathy with the problems and needs of the public.
5. Facilitate law enforcement and compliance.
6. Build public opinion in favor of the Police.
7. Achieve the Police purpose or preserving the peace, protection of life and property, and the prevention
of crime.

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Police Relations - Reviving the idea of “The people’s police”

As earlier discussed, the police is created by the people for the protection of the people at large against
all forms of criminality and public disturbances and every police work is governed by the laws that the people
promulgated through the legislative body of the government. In the performance of duty, oftentimes a police
officer is confronted by complex problems brought about by the varied cultures and practices of the people in
the community. Since a police officer is dealing with humans, he should have interest in human life. Hence,
he is obliged to build up positive relations or rapport towards the people he serves. However, as generally
accepted, building up good relationship is a continuing process which requires mutual respect and mutual
exchange and cannot be compartmentalized or divided if it is to be effective.

What are the Types of Police Community Relations? The basic elements of police community
relation include the following:

1. Public Information Program – This is designed to bridge any communication gap between the
police and public. This is the basic among the first four programs of community relation.

a. Duties of Public Information Officers:


1) He must be kept well-informed so that he will understand and appreciate the complexities of
police work and the good service the police render to the community.
2) He must be informed that the greatest number of the police in the community shall benefit as
much as possible, by using mass and personal media.

b. Activities Implemented by Public Information Officer:


1) Conduct of barangay tanod seminars
2) Inform the barangay officials regarding trends and other police community
problems
3) Police station commanders assign a place in police station for barangay leaders so
that they can work together and provide coordination.
4) Produce and distribute brochures, advising the people on how to protect
themselves in their homes and premises.
5) Conduct environment sanitation seminars
6) Conduct troop information or educational and historical lectures in all units’ offices
of police district.
7) Police officers deliver Lectures and Public appearance to hear civic group and civic
organizations.
8) Discuss with high school students and parents and or teachers association about
drug abuse prevention control.
9) Conduct cleanliness, saturation or information drive where notices of such
deficiencies are issued.
10) Establish police counseling centers in zones/barangays to provide advice to
barangay leaders on crime prevention and control.

2. Public Relation Program – This is designed to maintain harmony and mutual support between the
police and the community.

a. Duties of Public Relation Officers – he shall:


1) Regularly issue press releases concerning police activities which are of public concern.
2) Evolve and conduct public rotation program to promote better and closer relations between the
police and the community.
3) Build good image through actual commendable performance, without inefficiency and
corruption.
4) Evaluate public opinion and attitude with respect to the policies methods, personnel of the
police station.
5) Plan and carry out programs aimed at keeping the public informed on police activities.

b. Activities Implemented by Public Relations Officers:


1) Conduct face-to-face communications including dialogue with the public.
2) Attend social cultural activities of the barangay, such as birthdays, weddings baptismal parties,
wake and others.
3) Attend multi-sectoral “ugnayans,” which include religious sects, school, barangays civic
organization and governmental agencies.
4) Sending letters of appreciation to citizen whom assists the police in their work.
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5) Conduct first aid and traffic safety education.
6) Promotion of manpower development for out of school youth.
7) Sponsorship of youth athletic activities.
8) Assist immediate in settling dispute at barangay level.

3. Civic Action Program - This is designed to maintain and encourage community development

a. Duties of a Civic Action Officer – he shall:


1) Encourage and actively participate in athletic competitive in promote youth
development by wisely coordinating with the social elements of the populace.
2) Initiate if necessary, fund raising campaigns for juvenile delinquents, who are
being reformed.
3) Be alert to safeguard the community against loss and damages on properties
and possible death, in the events of calamity.
4) Render all possible assistance, especially to the menfolk in enabling them
obtain the means of productive endeavors and discourage them from loitering in the street, or
engaging uneconomic activities such as illegal gambling and others.
5) Whenever feasible, he shall promote and actively participate in the
establishment of free medical and dental civic action with special attention to the community.

b. Activities Implemented by a Civic Action Officer:


1) Assist National Red Cross on blood donation campaign by exerting extra effort in appealing to
barangay officials.
2) Conduct free medical and dental civic action community.
3) Conduct free deworming of affected children in depressed areas.
4) Assist citizens in case of transportation strike and other similar cause.
5) Develop and maintain cleanliness and beautification of surroundings.
6) Attend to backyard gardening, tree planting projects.

4. Psychological Program - This is designed to condition both friendly and hostile public thereby
insuring and facilitating the attainment of police objectives. This program is designed to influence the
opinions, emotions attitude and behavior of the community so that they will behave in a manner
beneficial to the police, either directly or indirectly. It will condition the citizenry to adhere to the laws
of the land and dissuade them in committing crime. These may be in spoken, written, pictorial or
musical form.

a. Duties of Psychological Operation Officers – he shall:


1) Strive to mold the youth into useful and law abiding citizens, thereby minimizing their chances
to engage in the criminal activities and preventing them from being influenced by the misguided
elements of society.
2) Be adequately prepared to articulate on the gains achieved by the government in formal or
informal gatherings so that they can develop unity and cooperation among people and
neutralize any smear campaign being wage by the elements hostile to our government.
3) Develop an attitude of deep concern for the individuals in his area of operation instead of being
indifferent to their problems.
4) Be instrumental in the development of civic mindedness among the criminal offenders under his
custody by providing examples why crime does not pay.

b. Activities Implemented by Psychological Operation Officer:


1) Conduct seminars for barangay officials, police civic relation officers, and school officials to
enable them to understand home defense activities.
2) Promote seminars among barangay leaders regarding community relation activities.
3) Identify income-generating projects/activities.

STRUCTURE COMPONENTS OF POLICE COMMUNITY RELATION (PCR)

What is Police Information and Education?

These are communication activities utilizing the various forms of media. These geared towards
creating consciousness and awareness among target audience on facts and issues vital to the development of
an efficient, respected, and supported police force. The two major components are:

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1. Community Information - these are activities utilizing the various forms of media directed towards
the public at large. These are designed to increase the public’s consciousness and knowledge of facts
and issues for purpose of enhancing law enforcement, counter insurgency and crime prevention
efforts, increasing crime solution efficiency to include weakening of the will of the criminal elements
and insurgents and enlightening other groups of individual critical to the government in general and
the police organization in particular.

2. Institutional Information - These are activities utilizing the various forms of Media directed towards
the public at large designed to generate trust, confidence and popular support for the police
organization or simply enhancing public perception and knowledge about the police as an institution of
the government.

What does it mean by Police Community Affairs?

These are activities outside law enforcement but which necessitates PNP support and or participation.
The end result ultimately contributes to better appreciation and an enhanced support to the police
organization in whole in part by the populace. The three major sub-components are:

1. Community Assistance and Development – these are under taken upon the initiative of the police unit
or personnel for the purpose of enhancing life as a means of drawing the support, appreciation and
support of the public to wards the police organization. Examples are:

a. Skills, Livelihood, and Cooperative Development.


b. Sports and Socio-Cultural development.
c. Medical, and Dental Outreach Services.
d. Tree Planting.

2. Community Inter-Relations - these are under taken upon the initiative of other government agencies,
non – governmental organization, and or individual citizens whereby a police organization or personnel
actively contributes time, money and or service as a means of drawing the support, appreciation, and
cooperation of the public towards the police organization in whole in or part.

3. Community Organization and Mobilization - these are activities revolving around the accreditation of
existing groups or creation of new ones with the end in view of having allies within various sectors in
the community who could be tapped to assist in the conduct of law services, community works and the
like.

Comprehensive PCR Plans

The two major components of the plan are Internal Reform and Gaining of Institutional
Support. Both aims to improve the image of the PNP and re-assure the general public that they can depend
on the police organization to be their protector and guardian in order to hasten and facilitate community
mobilization for anti-crime efforts.

The following institutions shall be the priority target in internal reform:

1. Congress - Being the law making body, it is one of the vital governmental institutions that can support
the police organization. The police organization must muster enough support from Congress so that
laws needed to enhance its capabilities to safeguard peace and order of the community and ensure
public safety as well as laws on organizational development and modernization maybe enacted.

2. Liaison Office
a. Organization Level Liaison: The Directorate for PCR. shall maintain a liaison office with Congress
whose main task is monitor, get the pulse, actively interact and possibly influence lawmakers on
matters affecting the police office. Since relationship with this institution must be symbiotic then
this office shall also be responsible in giving general, special, technical assistance to Congress as
pertains to the police office.
b. Top Hierarchy Level Liaison: Top leadership of the command shall conduct regular FACE to FACE
dialogues with key members of the Congress as well as different Congressional Committees
handling police affairs in order to present for their appreciation and support on matters affecting
the police office.

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c. Special Individual Liaison: Monitoring and Assessment of activities and special activities of general
liaison.

3. The Media - This is unquestionably most powerful instrument in forming public opinion. Specific
activities to be taken with respect to this institution include:
a. Development of guidelines on Media–Police relationship. This guideline shall form the basis of the
organization as well as of its individual personnel dealing with the media.
b. Providing timely and accurate information through press releases, regular conference, daily
bulletins, and attendance to talk show and similar programs.
c. Giving the media reasonable accessibility to source of information in accordance with the existing
security regulations.
d. Improvement of rapport with media through non- law enforcement activities such as sports, outing
parties and the like.
e. Giving of special awards by the police office to deserving media personalities.

4. The Church - The opinion of church leaders carries much weight among the religious. It need not
underscore that a pastoral letter read through out the country carries great impact.
a. Liaison with important church personalities.
b. Monitoring and assessment
c. Special activities

5. The Students and the School – one of the potent allies of the PNP when properly exploited through:
a. Effective liaison with key school authorities
b. Monitoring and assessment
c. Involvement and support in different school activities such drug education program, crime
prevention program, immunization and vaccination program, organization of Junior Police, and
medical or dental outreach program in coordination with Commission on Higher Education (CHED),
Department of Education (DEPED, and Department of Health (DOH).

6. The Non-Government Organizations – These are socio-civic organizations involved in the uplifting
the welfare of the public through varied programs and activities that support the endeavors of the
government. They could also help in the building of the image of the police.
a. Identification/assessment of existing NGO.
b. Liaison with the NGO.
c. Mobilization of NGO in support of police programs and projects.

What are the Public Information and Propaganda Operations?

1. On Internal Security - There shall be intensified information on evils of the ideology and actual
terrorist operations through regular issuance of press releases.
2. On Crime Prevention and law Enforcement - There shall be sustained information drive on how
the public can reach public assistance and the utilization of the tri-media on modus operandi safety and
the like.
3. On Public Safety – these are:
a. Intensified information drive on pre disaster preparedness;
b. Support information drive on how to get government assistance when affected by calamity or
disaster; and
c. Intensified information campaign to generate awareness and sympathy for the victims of calamities
and disasters with the aim of gaining relief and other support to them.

Conducting Internal Reforms Thru:

1. Continuous Values Orientation and Skill Development of Personnel: Intensification of police education
and values orientation; and Internalization of the Code of Ethics and Professional Standard of the
police, moral and spiritual values and basic courtesies relative to Law Enforcement.

2. Unrelenting clean up of the organization of misfits, criminal elements, and leaders with low potential.
These can be done by the continuous investigation, suspension or dismissed of misguided and erring
police level at all level.

3. Unrelenting effort to brighten up the physical appearance of the police facilities and vehicle. Sprucing
(make neat and tidy) up of all police station or offices to create a public friendly atmosphere therein
and the exercise of proper care.
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Feedback and Evaluation System – One method of determining whether individual police officers are
performing their tasks well is through feedback and evaluation which considers the following:

1. Unit Visitation - involves the conduct of scheduled and run scheduled visits to check performance,
appearance, and behavior of police personnel and the state of police facilities and vehicles.
2. Surveys – involves the conduct of random surveys by the PR (public relation) or private agencies to
determine the public perception of a particular police unit or office.
3. Records – involves the submission and analysis of periodic reports and special reports by police units
as required.
4. Interviews – involves the conduct of casual and or structured interviews of selected individuals who
can provide insight on the current state of police community relation.
5. Media Analysis - involves the monitoring of reports, stories commentaries printed or aired by mass
media practitioners to determine perception of individuals who are considered as effective molders of
public opinion.

What are the Effects or Impacts of Poor PCR to the Public?

Poor PCR programs cause the public:


1. not to report the occurrence of crime;
2. not to come forward and provide information;
3. not to assist in apprehension of criminals;
4. not to be supportive of police activities;
5. not to testify in court voluntarily; and
6. to even aid the criminals.

Poor Police Community Relation makes the police to:


1. become less judicious and less discreet;
2. be reluctant to act on some matters needing police action;
3. induce unnecessary use of force;
4. induce verbal abuse;
5. induce improper practices;
6. feel isolated and unhappy in his community; and
7. diminish his sense of fulfillment.

Why Public Support is needed?

Public support is needed to make it easier for the police to accomplish their task successfully.

PUBLIC RELATION

This is a program designed to make the public aware of what the agency is doing, why is it doing, and
how it contributes to the welfare of the community.

What are the Types of Public Relation?

1. Public Awareness Programs - familiarizing the public with the true nature of police operations. This
includes:
a. Mobile Vans - Variety of displays and exhibits of police equipment, which help to explain to the
public, what the police do and how they do it.
b. Displays and Exhibits - Set up in department stores, shopping centers, and other public locations
are popular ways in which the police can bring their messages to the public.
c. Informative Materials - Distribution of pamphlets or brochures designed to explain their services to
the public.
d. Open House - Public tours of facility conducted during certain times of the year such as police
week, or law observance week.
e. Public Speakers - Providing speakers for various types of public gatherings such as civic clubs,
businessmen, associations and social groups.
f. Ride Along - Permits number of the community, to ride in a police car with an officer and observed
field operations.

2. Informational Programs - providing the public with information which is directly related to the
interest and needs of the community. This includes:
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a. New Arrivals - Making some members of the community feel at home in their new surroundings.
b. Traffic Advisory Reports - Coordinate with the media in announcing important traffic matters
such as road accidents, highway construction and traffic congestion.
c. Informational Bureaus - Information about such things as renewal of drivers license, payments
of utility bills, availability of legal services and other items.
d. Informational Brochures - Provide the public with booklets, pamphlets, and other types of
publications, which contain information of community interest.

3. Image Building Programs - promoting programs which are designated to create a more favorable
public image of the police. This can be achieved through:
a. Citizens awards
b. Police Color Guard
c. Police Citizens Luncheons
d. Operational Handshake
e. Recruit Visitation Programs
f. Community Events
g. Gifts Packages

What are the duties of the Public Relations Officer?

1. To evaluate public opinion and attitudes with respect to the policies, methods, and personnel of the
police station.
2. To advice the police station commander with regard to the public relations aspects of new or revised
department programs, policies, procedures and activities.
3. To plan and to carry out programs aimed at keeping the public informed on police activities
4. To provide staff supervision of all police activities that may influence public support.

Foundation of Public Relations - They are basically founded on the GOLDEN RULE: “Do not do onto
others what you do not want others unto you.” In addition, public relations are founded on the following:

1. Give before you seek to get


2. Give what is due to others.
3. See the other person’s side
4. Respect, so you would be respected.

INDIVIDUAL PUBLIC RELATIONS

As individuals, police officers shall also develop personal relationship with the public which is divided
into the following categories:

1. Domestic Relations - This consist of a person’s dealing with his family, parents and
immediate relatives, with whom he has to have good relationship in order to develop a respectable
family prestige as well as cordial community relations.
2. Neighborhood Relations - This consist of a person’s dealing with neighbor who constitute a
vital link to good reputation in the community
3. Community Relations - This is made up of a person’s dealing with the citizens of the
community, city or town where a person likes. These also include his membership or contributions to
civil undertakings and his membership or contribution to the civic organization or community
associations in the locality.
4. Church Relation - This consists of a person’s dealing with religious affiliation that is necessary
for the stability of moral principles.
5. Government Relations - This is made up of the dealings, which a person has with the
government and its various instrumentalities. The recognition of government authorities, its laws and
ordinance, as well as other public responsibilities, are significant phases of an individuals public
relations.

PROFESSIONAL PUBLIC RELATION

In the practice of his profession, a police officer shall observe a professional conduct which is divided
into the following categories:

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1. Inter-Departmental Relation - This is made up of the peace officers relations with the officers and
men of his own department, his supervisor, the station commander, as well as the city/municipal
mayor where he is assigned.
2. Citizen’s Relation - This includes all dealings or contact with the citizens in relations to the
enforcement of the law and the maintenance of peace and order, together with the giving of
information to the public on criminal and non-criminal activities.
3. Complainant Relations - This includes how officer deals with complainants, the techniques of
interview he uses, the manner of approach he adopts, and the treatment of witnesses and informers.
4. Relations with Accused Persons - This covers the proper treatment of suspects, the
recognition of their constitutional rights during custodial investigation and the handling of accused
persons during confinement.
5. Relations with Prosecutor - This includes a police officer’s duty to cooperate during preliminary
investigations and the gathering of further pieces of evidence once the fiscal files the case.
6. Judicial Relations - This consists of the peace officer’s duties toward the courts when
appearing as a witness and the honesty of his testimony.

DEALING WITH COMPLAINANTS – Police officers when dealing with complainants shall observe the
following:

1. Receiving Complaints - When a citizen calls at the police station or approaches a


policeman on the streets to make a complaint, he should be accorded a suitable reception. The police
office must adopt an attractive manner; his attitude alert, his face and voice pleasant, and he must
appear interested in the subject at hand. Timid citizens often dread police officers; they should make
great effort to place these timid citizens at ease.
2. Complaint Desk Officer - The complaint desk officer should be alert at his desk and
avoid ignoring a timid citizen. As soon as he sees a person approaching, unless he is busy with
another citizen, he should immediately offer his service by posing a simple question such as “May I do
something for you, Sir?” to demonstrate his sincerity. If possible, there should also be a woman
employee at the desk to handle complaints from women who may be timid about approaching a male
officer. This employee need not be a policeman; a clerical employee may be stationed at the complaint
desk for this purpose.
3. Attention to the Complaint - A person who approaches a policeman for assistance
should be given ample opportunity to tell his story. The officer can sometimes assist with intelligent
questions, evidence of sympathy, and assurance of aid. But he should not needlessly interrupt the
explanation of the complainant.
4. Receiving Complaints and Criticisms against the Police - Complaints should be
referred to the proper authorities for audience or if permitted, the officer may refer the complaint
immediately to his superior officer. Sincere citizens sometimes make an earnest effort to offer
information and suggestions of value to the police. These should be accepted in the spirit in which
they are offered, with graciousness and appreciation even though the subject matter may be
infuriating.
5. Legitimate Complaints against the Police - The police station itself influences the
attitudes of both the police and the public. The public does not react favorably to an ill smelling dark,
poorly kept, and (human) unclean police station; neither to the police officers themselves. While the
police may have little choice in the location and arrangement of their headquarters they do have the
opportunity and the responsibility to maintain them in a clean and presentable condition. Paint of a
light color can usually be obtained and trusty labor is usually available for painting, cleaning, and
janitor services.

GENERAL RULES ON OFFICIAL CONDUCT – All police officers shall adhere to the following in the
performance of their duties:

1. Policeman shall be habitually courteous. They shall recognize their responsibilities as public servants
and shall be particularly attentive to citizens who seek assistance or information or who desire to
register complaints or give evidence.
2. They shall accept their responsibility to the public by being punctual in their engagements and
expeditions in the performance of their duties.
3. They shall regard their office as a public trust, and in the discharge of their duties, be constantly
mindful of their primary obligation to serve the public efficiently and effectively.
4. They shall administer the law in a just, impartial and reasonable manner; and not accord to some, more
reasonable manner; and shall not accord to some, more treatment than to others. They shall recognize

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the limitations of their authority and at no time use the power of their office for their own personal
advantage.
5. They shall be true to their obligation as custodian of public property and shall bear in mind that the
misuse and waste of money from the public treasury is bad.
6. They shall not limit their effectiveness in the administration of their office by accepting tokens of
gratitude, or by giving preferential treatment to certain corporations with whom they may have official
dealings.
7. They shall cooperate fully with all other public officials to the end that the safety and general welfare of
the public will be assured. They shall not permit jealousies or personal differences to influence their
cooperation with other agencies.
8. They shall add to their effectiveness by diligent study and sincere attention to improvement. They shall
welcome the opportunity to disseminate practical and useful information relating to matters of the
public’s safety and welfare.
9. They shall so conduct their public and private life that the public will regard them as examples of
stability, fidelity and morality.
10. They shall bear faithful allegiance to their government, and be loyal to their profession. They shall
accept, as a sacred obligation their responsibility as citizens to support the Constitution of the
Philippines; and as public officials, consider the privilege of defending the principles of Liberty as
defined in our Constitution and law. This is the greatest honor that may be bestowed upon any man.

COMMUNITIES IN COMMUNITY RELATIONS

In PCR, the police is not actually dealing with a single community but rather to various communities
with distinct characteristics. These communities could be categorized into External and Internal
Communities.

The External Communities

1. Justice Community - Other police agencies, courts, and correctional departments existing at many
levels of government are a part of the justice community with which police must interact. The nature
of the relationship between police and members of the justice community has a direct impact on police
effectiveness in achieving their goals.

2. The Human Services Community - The human services umbrella includes many public and private
and social service resources, mental and health general services, media civic and religious groups and
educational services.

3. Citizens and the Police - Peel’s principles state “the police must secure the willing cooperation of the
public in voluntary observance of the law to be able to secure and maintain public respect”. Part of the
police community relations is the understanding of the public the police serve and having the public
understands the police. That is no easy task. The public is many people with many varying needs and
hopes, who live in a changing society and bring to that society conflicting values and cultural rules.
The police agency is relatively closed, somewhat secretive, and vague as to what the police role and
the citizen role should be.

Internal Communities

1. Personal Support Community - The officer’s support groups, both in the sense of family system
and close personal relationships, affect the officer’s perspective and effectiveness. The officer has an
impact on the support group as well. This relationship may be one of the most critical in determining
the officer’s ability to cope with the human experience of being a cop. It may also determine to a large
degree how the individual officer will relate with other communities

2. Police Community - The police officer as a member of the police structure must also be
considered. It is this community that can determine whether police – community relations outside the
agency will be supported or undermined both as a matter of policy and practice. The first positive
relationship that must be formed effective community relations in a larger sense is to be accomplished
within the agency itself.

MAINTAINING TRUST AND PUBLIC CONFIDENCE

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The police should be people oriented to recognize the divergence of people and yet capable to working
together with them of a common good. Being good is not enough. A police officer must show it by the way
he performs his job and by the state of discipline of every officer and men in the police station or similar unit.
The command must increase the personnel assigned to patrol division in line with the police visibility program
and to make them available to provide police assistance at any time. Requesting the community to assist in
identifying the scalawags in uniform as a basis for giving immediate disciplinary action against them is another
way of gaining support from the community. The policeman should closely coordinate with the business
community to identify areas where police presence is needed. Conduct of in dept study and to initiate the
immediate assignment of police to every barangay must be made to serve the police needs and to call upon
residents.

Police Character

The police program of growth includes the development of the essential attribution of all its members.
Every police thus:

 Shall be loyal to the service, which he belong and is proud of.


 Shall be sympathetic and display the ability to feel the suffering of other people.
 Shall be confident in his ability to know the job and do it well.
 Shall disposed of and act on all cases correctly.
 Shall guard himself against rash judgment from opinion in advance.
 Shall be courteous to the community at any place and on any occasion.
 Shall demonstrate strong faith in what he is doing.
 Shall not sulk in the face of danger but with his mental conviction and physical strength.
 Shall maintain an attitude of enthusiasm, dedication, zeal and pride in his work.
 Shall be tactful in his dealing with people of the community.
 Shall be firm and unyielding but not officious in dealing with people.
 Shall be serious and purposeful but not officious in dealing with people.
 Shall genuinely be interested to his task.
 Shall avoid unwarranted practice or situation that will endanger him.
 Shall be patient when the situation demands.

Police Moral and Esprit de Corps

The police build their reputation upon favorable community relationship and express by community
confidence and the continued constructive accomplishment is only possible when the internal strength of the
organization is assure.

When the members of the police organization show pride of belongingness to their organization (or
esprit de corps) consequently, their morale is high. It follows also that they manifest genuine loyalty and
noble faith in the policies and objective of their organization.

Exemplary Conduct

Exemplary conduct or conduct worthy of emulation is another way of maintaining public trust especially
so that the community demands more than the ordinary acts. A police as a public officer loses his private life
because whether he is on or off duty, he will be under unrelenting scrutiny and critical analysis by the
community.

The police by reason of their specific responsibilities are bound to more exacting code that any other
public servant. Delinquents in conduct that pass unchallenged when committed by other public officials are
acts that are accepted as common place in judging the conduct of the citizens but are adjudged as
reprehensible when committed by policeman.

Police Officer’s Compassion and Understanding

In the performance of his duty, a police officer looks no requirements. He should fairly serve
regardless of the personality of the person whom he deals with. Further, even the seriousness of the problem
should not be a factor whether to serve or not to serve. Sometimes, a person with personal problems
approaches police officers. And in dealing with personal problems, it is imperative that matters of such of vital
personal importance be approached with understanding, compassion and magnanimity

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Police Influence over the Community

The community looks upon policeman as representative of the authority of law. It is obvious therefore,
that influence of the policeman over the community is increased by reason of the authority they personify.
People under stress or influence of excitement are more susceptible to the influence of external stimuli than
they would be under normal circumstances. They are likely to be more readily influenced by the action of
those with whom they come into contact. Policeman must be careful that the influence of their authority does
not become oppressive in their relationship with the community particularly in situations of stress and
excitement.

Police Practice of Courtesy

Practicing courtesy involves much more than friendliness. To appreciate sincerity and habitually
performed acts of courtesy requires cultivation of appearance, voice, manner, intelligence humor,
temperament and unselfishness that are easily appreciated by the people. All of these factors co-mingle in the
production of a gentleman in principle and in conduct. Compassionate but firm and earnestly interested
without being over solicitous. Irregardless of the nature of the task, a policeman must continually practice
courtesy; they cannot be made as an exception. Disagreeable duties must be performed willingly and
unpleasant orders obeyed cheerfully. Flares of temper, sarcastic criticism and moodiness have no place in the
conduct of a good policeman.

Proper Treatment of Law Violator

Numerous contacts with anti-social persons are likely to cause the policeman to assume an attitude of
veneer hardness. They often entertain erroneous belief that courteous treatment of law violators is an
indication of weakness. They will say that criminals are not entitled to the treatment accorded to a gentleman.
A good manner in the treatment of any law violator is not indication of weakness.

Policeman may be firm and exacting in the enforcement of the law, there may be strict and relentless
in their relationship with the offender that come under their control, yet remain propitious and gentlemanly in
their bearing. The fact that a criminal, by reason of depravity or because of his anti-social acts has not earned
the respect of his fellow men has no bearing upon the conduct of the policeman with whom he is brought into
contact. When a policeman resorts to ungentlemanly treatment of criminals, they do not alter the status of the
criminals in any ways; they only lower their own social status to the same level of the criminals.

Police Leadership

True leadership is personal and it is a psychological balance showing a well-integrated personality.


There are no characteristics that combine in the personality of a true leader, because individuals differ in their
viewpoints and reaction. However, the qualities that seem most common on persons who command public
respect and confidence are those that rate highly in influencing positive character of his men. It goes with
these qualities the maxim, “true leadership is influencing others to perform well.”

Police Practice of Self Confidence

Self-confidence is faith to oneself, and it is predicated upon knowledge, still in applying knowledge, and
in the ability and willingness to pass one’s knowledge for the benefits of the others. Self-confidence is in fact a
state of mental satisfaction that arises from being able to put the possession of knowledge to constructive use.

Police Practice of Self Sacrifice

Self-sacrifice is a fundamental trait to true leadership. It is inescapable fact that to contemplate a


situation without bias requires first a complete subordination of self. Effective police work requires the utmost
self sacrifice; policemen who are selfishly impressed with their authority cannot succeed as leader.

Paternalism

Paternalism as a quality is found in policeman who is mindful of the welfare of other. It is basic to
police leadership because community welfare is the primordial responsibility of the police. Harmonious

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relationship between the police and the community depends, to a great degree, upon paternalistic influence
that enters in the shaping of community policies.

Fairness and Honesty

Fairness and honesty are qualities that have universal appeals. Preponderance of community criticism
against police authority is occasioned by reason or partiality and unfairness in exercising police function.
Impartial application of laws and regulations, fairness and honesty in exercising the police authority are
powerful force in insuring community respect for Police service.

Decisiveness

Initiative and decisiveness are characteristics traits of man who acts correctly and at the proper time.
The ability to act decisively and correctly is a manifestation or thorough preparation and interest in the
appreciation of the task at hand. The policeman’s knowledge, mental alertness and judgment all enter in the
development of this very desirable trait.

Personal Dignity

Personal dignity is indicative of a policeman’s appreciation of the honor of his position. It is an


excellent manifestation of his “esprit de corps” and is a powerful factor in creating community respect.
Policeman who are paternalistic in their concern for community welfare, sympathetic in caring for citizens in
distress, are calm and dignified in their community relationship citizens they serve.

Physical and Moral Courage

The community assumes that policemen are physically courage, yet true courage is not thoroughly
understood by most citizens. It is a common misapprehension to consider reckless disregard of danger as a
manifestation or courage and bravery. True courage is that state of devotion to duty that will give policemen
the moral stamina impelling them to the performances of duly even in the face of full knowledge of the
dangers involved.

More than physical courage, the community demands moral courage, the kind of courage that enable
policemen to take it on the check to assume the responsibility of their office without quibbling, bravery stand
up for their conviction without attempting to shift or evade the personal criticism. Moral courage is
synonymous with integrity.

Moral Ascendancy

Moral ascendancy is the influence that one-person exercise over a group of persons by reason of
exemplary nature of his character. It arises out of withstanding the hardship and difficulty of the work,
sincerity of purpose that manifest in willingness to personally adhere without equivocation, and to the same
standards of conduct that he is duty bound to enforce upon other. Policemen are particularly vulnerable
to community criticism, for lack of this quality, they must be able to control their emotion, temper, their likes
and dislikes, physically able to withstand hardship without complaint, and able to effectively conceal their
worries.

Moral ascendancy is not important in evaluating the effectiveness of commanding officer in the police
service. The moral force or lack of it in commanding officer is reflected in the very character of policemen
under their control, and obviously become an important influence in the community appraisal of police service.

Commanding officers cannot maintain their leadership over the subordinates, if at any time they are
place in position of moral embarrassment. Questionable character of a leader in the community service
reflects all members of the group. The final measure of moral ascendancy is found in the true character of the
individual, by the example he sets in his own living.

Dependability and Punctuality

The public has the right to demand the same guarantees in the manner of its safety as all exacts for
the protection of public health. The public is concerned with emergency situations that require immediate
attention and effective treatment. Police service if it is to be of any value must be dependable. The policeman
should be able to serve at the right place at the right time. All the skills and abilities that policemen possess
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are of little value unless he can defend upon to apply his skill at the proper time. Punctuality is not only
important in relationship with the public but it is also essential in routine activities as well. The rendition of
report, appearance in court and cooperation with colleagues and other law enforcement agencies are
responsibilities that can be relied upon if properly implemented.

Policeman shall accept their responsibilities to the public by being punctual in their engagements and
expeditions in the performance of their duties. Thus he must:

 Promptly carry out every duty to which he is assigned.


 Be punctual, attentive, accurate and unselfish
 Accept the fact that punctuality involves more than reporting to work at time; it involves every
detail of the policeman’s daily activities.

Attitude in Trial Court

Aside from proper attire, police officers when attending court sessions in whatever capacity should also
observe the following behavior while in the witness stand:

1. He must say nothing but the truth.


2. He must be calm.
3. He must be prepared.
4. He must be courteous.
5. He must be natural and straightforward.
6. He must maintain his temper.
7. He must be attentive to the questions to be hurled or asked.
8. He must speak loudly enough to be heard.
9. He must be conscious of his personal appearances.

Appearing as a Witness

Witness in Criminal Case – A policeman shall, when subpoenaed as a witness in a criminal case,
promptly notify their immediate chiefs. No members of the PNP shall be a witness in such capacity without the
service of a proper subpoena.

Witness in Civil Case - No member of the PNP shall testify in civil cases unless summoned to do so
by proper authority.

Action After Court Attendance - A member of the PNP attending any court session under
subpoena/summon or other processes as a witness, shall after having been released there from for the day,
immediately report to their superior officer.

POLICE APPEARANCE AND THE COMMUNITY

Police Personal Appearance

A police officer’s personal appearance speaks well of his department. To ensure positive opinion to his
department or organization, he should observe the following:
 He shall be properly attired and equipped whenever he appears before the public.
 He carries with him only the prescribed regulation weapons and other related items.
 He shall dress moderately and of good taste if and when they must wear civilian clothes.
 He must maintain good posture and grooming.
 He must see to it that his uniform is clean and properly maintained.

Police Satisfactory Uniform

A satisfactory uniform, comfortable for the officer and pleasant to the eye is important. Attractive
snappy uniforms influence the moral of the policeman as well as the “Esprit de Corps” of the entire police
force. A policeman should be kept in a condition of good health and cleanliness and not to be permitted to
become wrinkled or stained. He should have at least two uniforms to facilitate and maintain cleanliness.

Police Personal Cleanliness

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Personal cleanliness is very important in dealing with the community. Hence, a policeman should:
 Be required to shave daily and to have their hair cut regularly.
 Have frequent bath.
 Have clean fingernails and other parts of the body.

Periodic Inspection

These factors of personal appearance and their effect on the community justify among others, the
periodic inspections of the force. Attention should be given in such inspections not only to hearing, address
and equipment, but also on the aspect of personal cleanliness just mentioned.

Policemen Mental Attitude

The attitude of police officer is quite important as his physical condition and appearance because it
determines his conduct and reaction to the community. His attitude is reflected in his facial expression, voice,
word used and actions. Therefore:

 He must be friendly and show willingness to serve.


 He must not forget that he is a Public servant, appointed for the role purpose of serving the
community.
 He must not give an impression of haughtiness, aloofness, officiousness or condescension.
 He must refrain from sarcasm and flippancy.
 He must develop pride in his organization
 He must be proud that he is an officer and conduct himself with the dignity of that officer.

Policemen Habits and Conversation


 Police officer must avoid subjects of smutty or questionable nature.
 Police officer must establish habits of conversation, which are pleasing to the listener and avoid
giving offence by the subject matter or the method of presentation.
 He must watch his diction and his English; he should test the falls of sloppy habits of speech. The
attitude of Police officer is quite important as his physical.
 Should keep his hands out of his pockets, whether engaged in conversation or otherwise.

Although these items may seem of little consequence, and perhaps in more fundamental analysis may
be relatively unimportant but most policemen are judged by their language and conversation.

Policemen Personal Habits

The personal habits of the individual police officer strongly influence the attitude of the community
towards the police. Thus:
 He should avoid restless habits such as tapping his finger or feet, whittling or other evidence of
nervousness.
 He should not permit himself to develop such unpleasant personal habits such as, hawking and
spitting, smoking while on duty in public place.
 He should not smoke when speaking to a citizen. Smoking habits that are offensive to the public
should not be permitted whether on the street or headquarters.

Policemen should avoid Evil Doings

The policemen must not only avoid evil, he must also avoid the appearance of evil. Thus:
 He should be careful to avoid questionable associates and to spend spare time and obtained his
recreation in the company of those whose character and reputation are irreproachable.
 He must avoid controversial questions, those dealing with religion, politics and the laws.
 He must avoid domestic difficulties more assiduously than the average citizen.
 He must abstain from drinking intoxication beverage to excess.
 He shall not engage in any form of gambling except those allowed by law:
 He should avoid entering any house reported as being of ill-repute and other vice dens.
 He shall not buy nor use or process smuggled products.
 He shall avoid accepting any fees, rewards or gifts of any type, for any service rendered in the
performance of his duty other than his authorized salary or shall use his position for material
consideration.

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 He should avoid “bad habits” celebrating Christmas, New Year and other occasion by firing their
guns.

POLICE HEADQUARTERS AND THE COMMUNITY

It was mentioned that the appearances of a police station/headquarters influence the attitude of both
the police and the community. This can be further attained by the observance of the following guidelines.

Appearance of Police Station

The station/headquarter must have a business like appearance, unsightly trash eliminated; thus, the
police station/ headquarter must have the following appearance:
 Must have presentable view inside or outside.
 Must possess a well keep office that is worthy of the discipline of its force, honor ideal of Law
enforcers.
 Must be strict in anti-littering /smoking campaign in the building or grounds and police equipment
shall be maintained properly.
 Trashcan shall be available and comfort room shall be clean and free from foul odors.
 Must be identifiable and the desk shall bear the name of the policemen for public convenience and
information.

Policemen at Station/Headquarters

The police station/headquarter should not only maintain a high standard of efficiency, but it should
give an appearance of efficiency. This is created by a business like attitude and conduct on the part of the
policemen. Thus, the policemen must avoid the following attitude:
 Policeman should not roughhouse among themselves in public view.
 They should restrict their activities to the assembly room or those sections of the station reserved
for their rest of reaction. Otherwise the public may conclude that they are lofting while on duty.
 He shall not in the station/office or elsewhere while on duty, drink any intoxicating liquor or take
prohibited drugs or report to duty under the Influence of liquor or prohibited drugs; or habitual
drunkard to the prejudice of his duty.
 Police should not indulge in loud, boisterous talk that can be heard by the public.
 They should avoid an appearance of idleness and create an impression of business like efficiency.

Police Telephone and the Citizen

Telephone to the police station/office is very important since a person’s life, property and liberty may
be at state because the telephone operator is the first contact with the police department, it is important that
the conversation is pleasant and satisfactory as possible.

Police Telephone Greeting

It is important too, that the police operator gives attention to his manner of speaking over the
telephone. His greeting should be crisp and business like, to manifest alertness and willingness to serve,
rather than show indifference. Some police departments require the policemen to follow this greeting “hello
police department” with statement of his name. But most persons who call the assistance of the police are of
interested in their personalities but only in prompt service. As a general rule they are in hurry, they want
service at one, with the least possible delay. Hence, it is not advisable to inject the name of the police, since
the simple greeting “hello police headquarters/station” and then give all needed information would be enough.

Immediate and Courteous Reply

Incoming telephone calls to a police headquarters/station deserve immediate and courteous reply.
Promptness is important in the police service. Persons who call for the assistance of the police usually do it to
register a complaint. They are emotionally upset and easily annoyed. If under this condition, the wait for a
protracted time happens before receiving a response to their call, they become justifiably disgruntled.

Clear Enunciation/Diction

A policeman should meet the following criteria for efficient telephone conversation:
 Policeman should speak with deliberate care and clearances into the transmitted.

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 Policeman should have a good diction and expression of courtesy.

Attitude in Receiving Calls


 The complainants shall be given a feeling of importance regardless of the triviality of the complaint.
Acts of kindness like giving the complaint a seat would be long remembered and appreciated
though it may seem unimportant.
 The police interview should be quick to detect where the real problem lies and allow the
complainant enough time to narrate his grievances.
 Good police poise with pleasant voice should be adopted in order to gain confidence.
 After complying with and directing all necessary actions on the complaint, the policeman shall thank
the citizen in a spirit of appreciation for his cooperation in bringing the matter to their attention.

PHILIPPINE CRIMINAL JUSTICE SYSTEM

What is the Criminal Justice System?

The Criminal Justice System (CJS) is the machinery which society uses in the prevention and control of
crime. The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and
corrections personnel, as well as those of the mobilized community in crime prevention and control.

What are the major components of the CJS?

 Police or Law Enforcement


 Prosecution
 Courts
 Corrections
 Mobilized Community

What are the functions of the major components of the CJS?

 To prevent and control the commission of crime;


 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute and sentence those who violated the rules of society; and,
 To rehabilitate the convicts and reintegrate them into the community as law-abiding citizens.

How does the CJS Operate?

The first four pillars, i.e., law enforcement, prosecution, courts, and corrections, pertain to the
traditional agencies vested with the official responsibility in dealing with crime or in crime control. The
community pillar is the most broadbased. Under the concept of a participative criminal justice system in the
Philippines, public and private agencies, as well as citizens, become a part of the CJS when they become
involved in issues and participate in activities related to crime prevention and control.

The Police or Law Enforcement Pillar

The first pillar consists mainly of the Philippine National Police (PNP). The work of the PNP is the
prevention and control of crimes, enforcement of laws, and effecting the arrest of offenders, including the

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conduct of lawful searches and seizures to gather necessary evidences so that a complaint may be filed with
the Prosecutor’s Office.

Prosecution Pillar

The second pillar takes care of the investigation of the complaint. In the rural areas, the PNP may file
the complaint with the inferior courts (i.e. the Municipal Trial Courts or the Municipal Circuit Trial Courts). The
judges of these inferior courts act as quasi-prosecutors only for the purpose of the preliminary investigation.
Once a prima facie case has been determined, the complaint is forwarded to the City or Provincial Prosecutor’s
Office which will review the case. When the complaint has been approved for filing with the Regional Trial
Court, a warrant of arrest for the accused will be issued by the court once the information has been filled.

Courts Pillar

The third pillar of the CJS is the forum where the prosecution is given the opportunity to prove that
there is a strong evidence of guilt against the accused. It is also in the courts that the accused is given his
“day in court” to disprove the accusation against him.

The Constitutional presumption is the innocence of any person accused of a crime unless proved
otherwise. This means that the courts must determine the guilt of the accused – beyond reasonable doubt –
based on the strength of the evidence of the prosecution. If there is any reasonable doubt that the accused
committed the crime, he has to be acquitted. The Rules of Court, however, provides that the accused can be
convicted of a lesser crime than the crime he has been charged with in the information. But the elements of
the lesser offense should be necessarily included in the offense charged, and such lesser crime was proven by
competent evidence.

COURT is the entity in the government organized for the proper administration of justice at the time
and place prescribed by law. It is an entity in which a portion of the judicial power is vested. The court is
situated between the prosecution and correction, the court is the centerpiece of the five pillars in our criminal
justice system. The court is an organ of the government belonging to the judicial department whose function
is the application of the laws to controversies brought before it and the public administration of justice. As
such, the court performs, perhaps the most important role in the administration of justice because:

1. It is the court that everyone turns to for justice.


2. It responsible for applying the criminal law against the offenders who commit crimes, but at the same
time protecting the same law violators from the violations of the rights by criminal justice agents.

Example: Police

The court, as the third pillar of justice is looked upon as:


1. The final arbiter of 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 the conflicting
rights of the individual and those of the state and society.

Court Distinguished from Judge

Court Judge
The court is an entity The judge is a person
appointed to a court
The court possess the element The judge may come and go
of stability and permanency anytime

Function of Court

The primary function of a Court of Justice is the dispensation of justice. In the performance of this
function, the court decides actual controversies brought before it, and interprets the laws of the state.

Criteria for the Administration of Justice

Rule 135, Section 1 of the Rules of Court provides that “Justice shall be impartially administered
without unnecessary delay.” Impartial administration signifies the courts will try cases without bias or

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prejudice, the judge acting objectively at all times. The term “without unnecessary delay” means that the
relief sought by the action must be accorded immediately, provided the parties have been given their day in
court.

Regular Courts in the Philippines

A. Supreme Court (SC)


B. Court of Appeals (CA)
C. Regional Trial Courts (RTC)
D. Municipal Trial Courts (MTC)
Metropolitan Trial Courts
Municipal Circuit Trial Courts (MCTC)
E. Sandiganbayan (SB)

Corrections Pillar

The fourth pillar takes over once the accused, after having been found guilty, is meted out the penalty
for the crime he committed. He can apply for probation or he could be turned over to a non-institutional or
institutional agency or facility for custodial treatment and rehabilitation. The offender could avail of the
benefits of parole or executive clemency once he has served the minimum period of his sentence. When the
penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national penitentiary
depending on the length of the sentence meted out.

Community Pillar

The fifth pillar has a two-fold role. First, 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. Second, 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. A convict may be paroled or may
even be placed on probation. Under the concept of a participative criminal justice system in the Philippines,
public and private agencies as well as citizens, become a part of the CJS when they participate and become
involved 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 the corrections pillar into the mainstream of society.

Why should you be concerned about the CJS?

You should be concerned about the CJS because it affects your life, your work, your activities and, in
general, your pattern of behavior and relationship in the community. This is why the community pillar is also
the base of the entire CJS as there will never be criminal cases, in the first place, if the community is healthy
and law-abiding. But for the few who may have gone astray, they should be reintegrated into the community
once they are released from the penitentiary and should be helped to become law-abiding members of the
community.

What is Citizen’s Arrest?

Arrest may be effected with our without warrant. Warrantless arrest may be effected by a peace
officer or a private person under any of the following circumstances:
a. When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. 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; and,
c. When the person to be arrested is a prisoner who has escaped form a penal establishment or is
temporarily confined during the pendency of the case, or has escaped while being transferred form one
confinement facility oto another.

What can you do to help in the CJS?

 Organize anti-crime groups.


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 Report crime, suspicious strangers or events to your barangay or police.
 If you are a witness to the commission of a crime, help in the prosecution of the case.
 Organize visits to correctional institutions. This is one way of instilling social awareness on the part
of the public. This could also be an instrument whereby the public can extend material and morale
support to the convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the community to enable them to be reintegrated
into the mainstream of society.

What can you do to help the CJS?

 Organize anti-crime groups


 Report crime, suspicions strangers or events to your barangay or police.
 If you are a witness to the commission of a crime, help in the prosecution of the case.
 Organize visits to correctional institutions. This is one way of instilling social awareness on the part
of the public. This could also be an instrument whereby the public can extend material and morale
support to the convicts and inspire rehabilitation.
 Help in the assimilation of released prisoners in the community to enable them to be reintegrated
into the mainstream of society.

BARANGAY COUNCILIATION (RA 7160 Local Gov’t Code of 199)

Republic Act No. 7160 - It is an Act providing for a Local Government Code of 1991.
What is superseded PD 1508? It was superseded by Chapter 7, Section 399 to 422 of RA 7160

Objectives of Katarungang Pambarangay

a. To promote speedy administration of justice.


b. To perpetuate the time-honored tradition of setting disputes amicably for the maintenance of peace
and order.
c. To implement the constitutional mandate, preserve and develop Filipino Culture.
d. To relieve the courts of docket congestion and thereby enhance the quality of justice dispense by
them.

Cases over which the lupon of each barangay may take cognizance

The lupon of each barangay shall have authority to bring together the parties actually residing in the
same municipality or city for amicable settlement of all disputes except;

a. Where one party is the government of any subdivision or instrumentality thereof;


b. Where one party is a public office or employee, and dispute relates to the performance of his official
functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand Pesos
(P 5,000.00);
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree it submit their differences to amicable settlement by an appropriate lupon;
f. Dispute involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each their differences to amicable settlement by an appropriate
lupon;
g. Such other classes of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
h. Any complainant by or against corporations, partnerships, or juridicial entities.
i. Dispute where urgent legal action is necessary to prevent injustice from being committed or further
continued, specifically the following:
a. A criminal case where the accused is under police custody or detention;
b. A petition for habeas corpus by a person illegally detained or deprived of his liberty or one
acting in his behalf;
c. Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin
and support pendente life; and
d. Where the action may be barred by the statute of limitations;

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j. Labor disputes or controversies arising from employee-employer relationship. (Montoya vs. Escayo, et.
al., 17 SCRA 442; Art. 228 Labor Code as amended);
k. Where the dispute arises out from the Comprehensive Agraria Reform Law (Secs. 46 and 47, RA 6657);
l. Actions to annul judgment upon a compromise which can be filed directly in court. (Sanchez vs.
Tupaz, 158 SCRA 459).

The court in which non-criminal cases not falling within the authority of the lupon under this Code are
filled may, at any time before trial, motu propio refer the case to the lupon concerned for amicable settlement.

Examples of Offenses punishable by the Revised Penal Code cognizable by the Lupon include:

1. Alarms and Scandals (Art. 155)


2. Use of false certificates (Art. 175)
3. Concealing one’s true name and other personal circumstances (Art. 178, part 2)
4. Physical injuries committed in a tumultuous affray (Art. 252)
5. Slight physical injuries and maltreatment (Art. 266)
6. Other forms of trespass (Art. 281)
7. Other light threats (Art. 285)
8. Other light coercion or unjust vexations (Art. 287)
9. Some forms of thefts (Art. 208, par. 3, and Art 3098, par 8)
10. Altering boundaries or landmarks (Art. 313)
11. Other deceits (Art. 318)
12. Arson of property of small value (Art. 323)
13. Social cases of malicious mischief (Art. 328)
14. Other mischief’s (Art. 329)
15. Slight slander (Art. 358)
16. Slander by deed not of a serious nature (Art. 359)
17. Intriguing against honor (Art. 364)
18. Theft, swindling or malicious mischief committed or caused mutually by certain
relatives, where there is no criminal but only civil liability.

All these offenses are punishable by imprisonment not exceeding 30 days and/or fine not exceeding P
200.00. Under the New Local Government Code, all offenses punishable by at least one year imprisonment
and P 5,000 fine is now within the jurisdiction of the Lupon. Also cognizable by the barangay courts are
violators of municipal ordinances which are similarly punishable as the abovementioned offenses under the
penal code.

Rules of venue under the law governing barangay conciliation


a. Disputes between persons actually residing in the same barangay shall be brought or amicable
settlement before the lupon of said barangay.
b. Those involving actual residents of different barangays within the same city or municipality shall be
brought in the barangay where the respondent or any of the respondents actually resides, at the
election of the complainant.
c. All disputes involving real property or any interest therein shall be brought in the barangay where
the real property or the larger portion thereof is situated.
d. Those arising at the workplace where the contending parties are employed or at the institution
where such parties are enrolled or workplace or institution is located. (Sec. 409, RA 7160)

Objections to venue be raised under RA 7160

Objections to venue shall be raised in the mediation proceedings before the punong barangay,
otherwise, the same shall be deemed waived. Any legal question which may confront the punong barangay in
resolving objections to venue herein after referred to may be submitted to the Secretary of Justice or his duly
designated representatives whose ruling thereon shall be binding.

What kind of residence required by the law order that one may exempt from the coverage of the
Katarungang Pambarangay Law?

It must be more or less permanent. In Bejer, et al. vs. CA, 169 SCRA 568, the Supreme Court said
that actual residence should not be temporary, transient as in the case of a houseguest or sojourner like a visit
of a day or two. In the case at bar, plaintiffs are not even listed as member of the Barangay, an indication
that their stay in Pandacan is merely transient. Of course, actual residence does not necessarily imply
membership in the Barangay; and membership in the Barangay does not necessarily mean actual residence.
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Who and how may a complainant be filed with the lupon?

Upon payment of the appropriate filing fee, any individual who has a cause of action against another
individual involving any matter within the authority of the lupon may complain, orally or in writing, to the
lupon chairman of the barangay.

What shall the lupon chairman do upon receipt of a complaint?

Upon receipt of the complainant, the lupon chairman shall within, the next working day, summon the
respondent (s), with notice to the complainant (s) for them and their witnesses to appear before him for a
mediation of their conflicting interests. If he fails in his mediation effort within 15 days from the first meeting
of the parties before him, he shall forthwith set a date for the constitution of the pangkat.

What is the effect of the pedency of a case before the lupon on the prescriptive period of actions?

While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses
and cause of action under existing laws shall be interrupted upon filling of the complaint with the punong
barangay. The prescriptive periods shall resume upon receipt by the complainant of the certificate of
repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however,
that such interruption shall not exceed 60 days from the filing of the complainant with the punong barangay.

Is there any period prescribed by law within which the pangkat shall arrive at a settlement of the
dispute? Is it absolute?

There is. Under RA 7160, the pangkat shall arrive at a settlement or a resolution of the dispute within
15 days from the day it convenes in accordance with this Section. This period shall, at the discretion of the
pangkat, be extendible for another period which shall not exceed 15 days, except in clearly meritorious cases.

Does the law prescribe any form for the settlement of any dispute?

Yes. All amicable settlements shall be in writing, in a language or dialect known to the parties, signed
by them, and attested to by the lupon chairman, as the use the same language, or dialect the settlement shall
be written in the language or dialect known to them. (Sec. 411, RA 7160)

May a complaint which involves matters within the authority of the lupon be fled in court without
passing through the lupon?

As a general rule, no. No complaint, petition, action or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other government office for adjucation,
unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and
that no conciliation or settlement has been reached as certified by the lupon chairman or pangkat chairman
or unless the settlement has been repudiated by the parties thereto.

What is the effect if the defendant does not invoke the lack of prior conciliation before the
barangay? Explain.

It is an implied waiver of the condition imposed by PD 1508 Local Government Code) Such waiver also
takes place where a motion to dismiss is a filed after an answer has been filed within the period to plead and
before and answer is filled. Furthermore, the Rules of Court, provide that defenses and objections not raised in
a motion to dismiss or in the answer are deemed waived.

May a case or proceeding be filled directly in court without passing through the lupon?

Yes, because the requirement is not absolute. There are exceptions, like:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceeding;
3. Where actions are coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property, and support pendente lite; and
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4. Where the action may otherwise be barred by the statute of limitations.

If a person files a suit respecting his civil status, is there a need for prior barangay conciliation?
Why?

There is no need. It was said that in cases involving the civil status of a person – such as one filed by
a natural child to compel his acknowledgment – Is not amont the cases where prior resort to barangay
conciliation is not necessary. The reason is obvious. The possibility of settlement at this level, however,
remote, is encouraged even in such cases before the issue is brought to the court.

If the parties belong to the cultural minorities, what rules shall the pangkat apply”

The customs and traditions of indigenous cultural communities shall be applied in setting disputes
between members of the cultural communities.

Are the proceedings before the lupon or pangkat open to the public? Is the rule absolute?

Yes, all proceeding for settlement shall be public and informal, but the lupon chairman or pangkat
chairman my motu proprio or upon request of a party, exclude the public from the proceedings in the interest
of privacy, decency or public morals.

What is the requirement of the law with respect to the appearance of the parties before the
lupon or pangkat?

The law requires that in all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and incompetents who may be assisted
by their next of kin who are not lawyers. If appears from the law that lawyers are not supposed to appear and
represent their clients in katarungang pambarangay proceedings. But if he is the party involved, he may.

If the parties arrive at an amicable settlement before the lupon or pangkat, what is the effect of
such settlement?

The amicable settlement and arbitration award shall have the force and effect of a final judgment of a
court upon the expiration of 10 days from the date thereof; unless repudiation has been made or a petition of
nullify the award has been filed before the proper city or municipal court.

How many the amicable settlement of arbitration award be executed?

It may be enforced by execution by the lupon within six (6) months from the date of the settlement.
After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal
court.

Within what period should a party repudiate the settlement and how?

Any party to the dispute may, within ten (10) days form the date of the settlement, repudiate the same
by filing with the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated
by fraud, violence, or intimidation.

What is the effect of such repudiation?

Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint.

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