PERCEPTION OF THE INMATES OF BUKIDNON PROVINCIAL DETENTION AND REHABILITATION CENTER ON THE ADHERENCE OF BUKIDNON PNP PERSONNEL ON THE

PROVISIONS OF R.A 7438

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A Thesis Presented to The Faculty of the Criminology Graduate School CAGAYAN DE ORO COLLEGE Carmen, Cagayan de Oro City

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In Partial Fulfilment of the Requirements for the Degree Master of Science in Criminology Major in Police Science

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By: NYMIA M. RAVIDAS MARCH 2009

i APPROVAL SHEET In partial fulfilment of the requirements for the degree MASTER OF SCIENCE IN CRIMINOLOGY Major in Police Science, This thesis final entitled. "PERCEPTION OF THE INMATES OF PROVINCIAL DETENTION AND REHABILITATION CENTER ON THE ADHERENCE OF BUKIDNON PNP PERSONNEL ON THE PROVISIONS OF R.A 7438, Prepared and submitted by NYMIA M. RAVIDAS, has been examined, and recommended for acceptance for Oral Examination.

GERRY J. CAO, Ph.D. Mentor _________________________________________________________________ Panel of Examiners Approved by the Committee on Oral Examination with the grade of ___________.

MANUEL V. JAUDIAN, Ph.D. Chairman

ZENAIDA G. GERSANA, Ph.D Member CHED Representative

ROGER G. ABADAY, Ph.D. Member

Accepted and Approved in partial fulfilment of the requirements for the Degree Master of Science in Criminology Major in Police Science.

MANUEL V. JAUDIAN, Ph.D. Dean, Criminology Graduate Studies

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Title

: Perception of the Inmates of Bukidnon Provincial Detention and Rehabilitation Center on the Adherence of Bukidnon PNP Personnel on the Provisions of R.A 7438.

Total Number of Pages Text Number of Pages Researcher Type of Document Host Institution Address Region Key Word

: 118 : 101 : Nymia M. Ravidas : Unpublished : Phinma Educational Network : Carmen, Cagayan de Oro City : Region 10 : Adherence among the Members of the Bukidnon PNP Personnel on the Provisions of R.A 7438

ABSTRACT: The study sought to determine the level of adherence the Bukidnon PNP Personnel on the Provisions of R.A 7438, the rights of persons under custodial investigation as perceived by the inmates of Provincial Detention and Rehabilitation Center of Malaybalay City, Bukidnon. The study hoped to provide information as basis for the Bukidnon Police Provincial Office, the Law Enforcement Agency of the Government, the Judiciary System to improved and

correct some loopholes in our penal laws and the proper protection of individuals rights during custodial investigation and for the future masters degree students, so they would be able to improved or used this study for the betterment of the society. Summary The main objective of this study was to ascertain/determine the level of adherence on the Bukidnon PNP Personnel on the Provisions of R.A 7438, rights of person arrested or under custodial investigation as perceived by the inmates of Provincial Detention and Rehabilitation Center, of Malaybalay City, Bukidnon. The respondents of this study are the whole population of the inmates of the Provincial Detention and Rehabilitation Center of Malaybalay City, which represents the 20 Municipalities of Bukidnon. The survey instrument was devised to generate the profile of the respondents as to their age, sex, civil status, educational attainment, types of crime committed, duration of confinement, number of times arrested and the number of times investigated and to determine the respondents assessment on the adherence of the among the members of Bukidnon PNP Personnel on the custodial rights of a person arrested, the right to remain silent, the right to know the nature and cause of accusation, the right to have a counsel, the right against threat, violence and intimidation and the right to held in secret detention cell. The respondents rated the police officers as strongly adhered, moderately adhered, sometimes adhered and seldom adhered.

Statistical tools were frequency, percentage, standard deviation, mean deviation and t-test for the difference among means. Descriptive analysis was used in interpreting and analysing the data collected. Findings Majority of the respondents are males, age ranges from 26-35 years old with elementary education. Most of them are single and murder crime is the majority among the crimes committed by the respondents and as to the number of crimes investigated and the number of crimes arrested majority are committed the crime only once. The adherence of the PNP Personnel on the right to remain silent to the respondents were rated sometimes adhered with the over all mean of 1.61: the right to know the nature and cause of accusation were also rated sometimes adhered with a mean of 1.82: the right to have a counsel were rated sometimes adherence with a mean of 1.84: the right against threat, violence and intimidation were also rated sometimes adhered with a mean of 1.84: and the right to held in secret detention cell were rated moderate adhered with a mean of 2.93. Generally the adherence level of the PNP Personnel to the custodial rights of the accused was sometimes adhered. As divulged, all the independent variables and independent variables did not significantly establish any differences as shown in the correlation coefficient r=.025, taken as a whole variation in adherence accounted for by the sociodemographic characteristics is only .06%.

The total significant, No Significant Differences t=-.12 in the adherence to the right of single and married arrested/detained person among the members of the PNP officers in Bukidnon PNP Personnel on their custodial rights. The negative sign t=-.12 implies that married respondents has the higher

assessment/perception to the adherence of among the members of the PNP in Bukidnon on their custodial rights. Conclusion The findings drawn from the study is that, there is no significant difference in the perception of the respondents in the level of adherence by the Bukidnon PNP Personnel when grouped according to sex, age, civil status, educational attainment, types of crime committed, duration for confinement, number of times arrested and number of times investigated by the police and the adherence of the rights of person arrested were sometime adhered, the right to know the nature and cause of the accusation were also sometimes adhered, the right to have a counsel were moderate adhered to both single and married respondents, the right to be held in secret detention cell were moderate adhered and the right against violence, intimidation and threat were raged form sometimes to moderate, the assessment when the respondents were grouped into single and married respondents has no significant differences, there were no significant differences on the perceptions of the respondents on the level of adherence of Bukidnon PNP Personnel on the provisions of R.A 7438,the rights of person

arrested when group according to demographic profile and experiences and lastly there were no significant differences on the perceptions of the respondents on the level of adherence of Bukidnon PNP Personnel on the rights of person under custodial investigation as perceived by the inmates of Provincial Detention and Rehabilitation Center when grouped according to single and married

arrested/detained persons. Recommendations Based on the findings and conclusions the researcher would like to recommend that the Bukidnon PNP Personnel should memorized by heart and bear in mind that the custodial rights of the accused should always be uplifted and emancipated during the arrest. Recruitment procedure for the newly PNP Personnel should be those who have knowledge in laws or if possible criminologist should be given the first priorities. All Criminology Schools in the country should include the Miranda Doctrine/Custodial rights of the accused in their curriculum. The Philippine Public Safety College Instructor should always emphasize and conduct module of instructions and educate trainees the relevance of the custodial rights of the accused. Republic Act 7438 should strengthen and imposed strict penalties for violation of the custodial rights of the accused.

The National Police Commission should follow-up and monitor cases involving violation of the custodial rights of the accused by the PNP Personnel. The Philippine National Police itself should make programs, such as seminars, retraining courses that include the custodial rights subject and its relevance to policing. The researcher come-up with this recommendation, probably to enhanced the level of adherence among the members of the PNP Personnel such as; Police Personnel should hold their emotions of dealing accused individual particularly those who have arrested for several times because most of those who arrested fails to be informed of their constitutional rights, due for a fact that they already arrested the person for several times, no need to reiterate the their custodial rights according to some police officers which is wrong, this practiced should be eliminated for betterment of the Philippine policing system; police officers should always bear in mind that the family members and relatives of the accused always be given the opportunity to see/visit and should not solely detain in a secret places/detention without the benefits of availing those rights particularly those single detainees/accused. During Individual Personal Evaluation Rating and Interview for promotion, actual demonstration of the MIRANDA doctrine should be done.

iii ACKNOWLEDGEMENT The author would like to convey her profound and sincere appreciation and heartfelt gratitude to the following persons who directly or indirectly have given assistance and encouragement that paved the way in materializing this piece of work to make her study possible. The Dean of the Criminology Graduate Program, Dr. Manuel Vallar Jaudian for his untiring support and encouragement to pursue her study. Dr. Gerry J Cao, her mentor, who guided and supported her through all the way with her study. Dr. Generita Hebron, for her benevolent guidance and countless supports Engr. Marillen Ll. Maglaque for her golden pieces of advice and corrections To her friends, Mr Hermogenes P. Malagamba, Mrs Juvy U. Bote Ms. Josephine Dacayana for their invaluable opinions, support for the improvement of her study. The Philippine College Foundation President, Dr. Adela P. Pagonzaga. The Board of Trustees, for their financial support and understanding. The PCF Faculty and Staff, for lending their computer and printer. All PDRC personnel, whose names were not mentioned but have shared thoughts and solace in improving the study.

All the Faculty and Staff of the Criminology Department of COC for their comments and suggestions for the improvement of the study. Grateful recognition also extended to her sister Ruby Ravidas Galope for her guidance and support financially and spiritually in continuance of this study Her nieces Kresel and Rachel who helped her in tabulating the questionnaires The detainees of the PDRC who gave time, patience and support in answering the questionnaires and to a very special person of the authors life Joel Diadula Malikse for his full support all through the process of this study. Without them, this humble piece of work would have remained only in the authors nostalgic dream.

NYMIA M. RAVIDAS

iv DEDICATION

This work is specially dedicated to my family for their untiring support; financially, morally and spiritually

v TABLE OF CONTENTS CHAPTER TITLE Approval Sheet Abstract Acknowledgment Dedication Table of Contents List of Tables List of Figures List of Appendices I Introduction Conceptual Framework Statement of the Problem Hypothesis Significance of the Study Scope and Limitation of the study PAGE i ii iii iv v vi vii viii 1 6 13 15 15 17

Definition of terms II Review of Related Literature and Studies III Research Methodology Research Design Research Setting Respondents and Sampling Procedure Research Instrument Validation of Instrument Scoring procedure Statistical Treatment IV Finding, Analysis and Interpretation of Data V Summary, Conclusion and Recommendation Summary of the Study Findings Conclusion

17 21

40 40 40 43 43 44 44 45 46

74

74 75 76

Recommendation BIBLIOGRAPHY APPENDICES 1.1 Letter Request to the Governor 1.2 Approval Letter from the Governor 1.3 Letter to the Provincial Warden 1.4 Approval Letter from the Provincial Warden 1.5 Letter for the Respondents (English Version) 1.6 Letter for the Respondents (Visayan Version) 1.7 Questionnaire for the Respondents (English Version) 1.8 Questionnaire for the Respondents (Visayan Version) CURRICULUM VITAE

77 79 82 83 84 85 86 87 88 89 95 100

vi LIST OF TABLES TABLE TAB LE 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 2.1 2.2 2.3 2.4 2.5 2.6 3.0 TITLE TITLE Distribution of Respondents According to Sex Distribution of Respondents According to Age Distribution of Respondents According to Civil Status Distribution of Respondents According to Educational Attainment Distribution of Respondents According to Types of Crime Committed Distribution of Respondents According to Duration of Confinement Distribution of Respondents According to the Number of Times Arrested by the Police Distribution of Respondents According to the Number of Times Investigated Adherence of the Bukidnon PNP Personnel on the Right of the Arrested Person in Terms of the Right to Remain Silent Adherence of Bukidnon PNP Personnel on the Right of Person Arrested in Terms of theRright to Know the Nature and Cause of the Accusation Adherence of Bukidnon PNP Personnel on the Right to Person Arrested in Terms the Right to have a Counsel Adherence of the PNP Personnel on the Right of Person Arrested in Terms of Right Against Threat, Violence or Intimidation Adherence of the PNP Personnel on the Right of Person Arrested in Terms of the Against being Held in Secret Detention Cell Summary Table for Problem 2 PAGE PAGE 46 47 48 49 50 51 52 53 54 56 57 59 61 62 63

4.0

Correlation of demographic Characteristics of the Respondents with the Adherence of Bukidnon PNP Personnel to the rights of Persons under Custodial Investigation Comparison of Single and Married Respondents of their Perception to the Level of Adherence of Bukidnon PNP Personnel of the Rights of Person

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Under Custodial Investigation

LIST OF FIGURES FIGURE

1.1

TITLE Schematic Diagram Showing the Relationships of the Profile of the Respondents and the Rights Under Custodial Investigation

PAGE 12

1.2

Map of the Province of Bukidnon Showing the Locations of the Different Municipalities were the Respondents Originated

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