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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.

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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.

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.

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

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.

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Based on Behavioral System

Ordinary Criminal is considered the lowest form of criminal in a criminal career. He doesnt 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

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.

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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).

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.

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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.

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 Lombrosos 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 Lombrosos theory of

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atavistic stigmata (mans 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 criminal
Doctrine of free will Doctrine of determinism
Death penalty allowed Abolition of death penalty
No imperical research Inductive method
Definite sentence 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 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. Sheldons 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

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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 persons 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 20 TH CENTURY: THE CONTEMPORARY PIONEERS

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. Mertons 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.

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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 Darwins 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 Gorings Theory (1870 - 1919) - The medical officer in prison in England who accepted the
Lombrosos challenge that body physique is a determinant to behavior. Goring concluded that there is no
such thing a physical chemical type. He contradicted the Lombrosos 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 Hootons 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

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

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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) Ones place in group network system
Dysfunctional Families (1958-present) Members feed off others 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
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"

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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 5 th 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
mafias 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 Ceauescu,
Francisco Franco, Hugo Banzer, Chiang Kai-shek, Slobodan Miloevi, 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.

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How the Organized Crime Group Works?

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 organizations 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.

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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.

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 Attachs of the Philippine National Police (PNP); and
4. Political Attachs/ Counselors for Security Matters of the Department of the Interior and Local Government
(DILG)

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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.
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.

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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.
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.

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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 victims 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 victims 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 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 actors 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.

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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 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

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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.

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.

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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

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.

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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 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.

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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 cant 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 ones 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 persons 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 persons
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 persons criminal tendency and the individuals 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.

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Environmental Factors (Socio-Cultural Influences)

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 ones behavior:
1. Institutional Influences such as peer groups, mass media, church and school, government institutions,
NGOs, 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 whys 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 mans 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.

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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.
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 Maslows 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

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

The Ego Defense Mechanisms

The defense mechanisms are the unconscious techniques used to prevent a persons 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.

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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.
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 ones 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 ones own mistakes.

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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.

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.

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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.
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.

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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.

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.

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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.

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 SOPs 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

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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, SPTs, 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,
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;

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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


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.

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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

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.

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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

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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.

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

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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.
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 its 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

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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
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.

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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

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

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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
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 Stockholms 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.

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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 victims 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.

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. Stockholms 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

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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.

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.

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Delusion is the faulty belief that is motivated primarily by the individuals 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 patients 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 subjects 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 persons 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

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

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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 (Ill 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 (Im 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 its 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

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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 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 perpetrators and negotiators 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

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characterized by the hostage takers 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:

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

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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 perpetrators 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 negotiators 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 perpetrators emotional tension to give way for a
rational problem-solving atmosphere. (Hammer and Rogan)

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 persons 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 individuals
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 individuals concern for self-


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

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

Personal identity is based on an individuals unique perception of his or her own attributes (The person
perceives himself either weak, strong, or intelligent).Hammer and Rogan also suggested that a suicidals
emphasis is on personal identity concerns, and
social identity consists of those characteristics and their emotional significance that is attached to ones
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 communicators interest (is the face message directed to oness self or to other?); Face
valence is the second dimension, a behavior either to attack or honor face. Finally, face-honoring entails a dimension

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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 Selfs 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 dont know but I think
theyre all OK! )

2. Attack Selfs Face - Is a behavior that tends to attack or is directed to ones 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 Selfs Face - This is used to restore ones face/reputation. ( Im not as crazy as you think ) A
hostage taker with psychological maladies uses this face message behavior to restore his reputation.

4. Restore Others Face - A face message behavior that is directed towards the other party. ( Youre such an
intelligent guy) or ( Youve got a lot of people who cares about you )The negotiator tries to restore the
perpetrators face by attempting to gain cooperation and lessen the latters psychological burden.

5. Defend Others Face - Known as the traditional message behavior utilized to protect others 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 Others 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 ones
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.

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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

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.

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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
On Initial contact - avoid hostile or antagonistic approach, introduce yourself-dont 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. Dont 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

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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 dos and donts 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 victims 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?

How facilitate the kidnapping for the victim, a gang member is sometimes made to seek employment with
would-be victims 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 victims 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.

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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 victims 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 vehicles 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.
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, dont panic,
Make written record of the delivery persons description
Take note of other circumstances of the delivery (time, manner,etc.)

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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 Victims name, Where and when seized, Victims code name

After the call:


Make a written record of the Callers 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 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

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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 dignitarys level of threat exposure of
possible attackers and the vulnerabilities of the protected. Develop Intelligence profiling, likely scenarios and the
protectees 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 adversarys 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.

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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 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 securitys 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

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of police nightsticks and tear gas will break up and confuse the crowd, making their movement by the protective force
easier.

CROWD CONTROL

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
crowds 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
persons 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 dignitarys 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

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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.

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
persons 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:

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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

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

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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 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?

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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.

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

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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.
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

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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;
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 Dont 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.

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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.

DONTS 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
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 LEVEL MOTIVATING FACTORS OF A BOMBER


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

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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 Gunmans 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 Gunmans 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 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 NYPDs 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

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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 Departments 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 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.

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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 persons 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 persons 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.

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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. 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.

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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
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.

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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.

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.

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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.

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.

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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

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

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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 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 peoples behavior with the emphasis on morals and lifes highest spiritual values,
the worth and dignity of the individual, and respect for persons 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.

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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.

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.

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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 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
Napolon 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,

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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

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

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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 childs 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
Availability of drugs and firearms
Neighborhood adults involved in crime
Exposure to violence and racial prejudice

Delinquency Prevention Measures

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

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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).

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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).

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

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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 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 childs 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:

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(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 childs sense of dignity and worth, taking into
account the childs age and desirability of promoting his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and
religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent
with the protection of the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to
children in conflict with the law.

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 childs 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.

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(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.
(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;

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(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:


(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.

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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 Attorneys Office;
(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);

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(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:
(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

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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;
(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.

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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 contradicting
policies that result to confusion. As such, the following shall be observed in the drafting, formulation or development of
such policies and procedures:

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(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

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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 ,
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, peoples 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 childrens 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;

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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:


(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 childs
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:

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(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
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, peoples 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

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(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.
(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 childs own cultural identity and patterns, for the
social values of the country in which the child is living, for civilizations different from the childs 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;

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(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.

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 childs 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 childs 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.

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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 childs parents/guardians, the local social welfare and development
officer (LSWDO), and the Public Attorneys Office of the childs 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.
(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) Childs counsel of choice or in the absence thereof, a lawyer from the Public Attorneys Office;
(2) Childs parents, guardian, or nearest relative, as the case may be; and
(3) LSWDO. In the absence of the childs 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.

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(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 childs 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

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.

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(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 childs
parents/guardians the consequences of the childs 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:
(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.

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(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.

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 childs age, such as:
(a) Childs birth certificate;
(b) Childs baptismal certificate; or
(c) Any other pertinent documents such as but not limited to the childs 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);

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(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 childs 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;
(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.

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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 childs 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 childs 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.

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Kinds of intervention programs

The intervention programs for the child exempt from criminal liability may include any or a combination of
the following:
(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 prosecutors 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:

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(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.

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 childs compliance with the contract of diversion and the childs 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 childs 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 childs 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

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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.

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 childs 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.

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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.

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

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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);
(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 childs feelings of remorse for the offense he/she committed;
(2) The parents or legal guardians ability to guide and supervise the child;
(3) The victims 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

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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 childs 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
(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 Attorneys 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.

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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.

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 childs 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

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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 childs 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
victims and the communitys wounds that was inflicted on them by the offense. Rehabilitation is integral to the process
of reintegration.

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 childrens 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 childs 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

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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;
(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

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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.

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.

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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.

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

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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.

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

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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 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.

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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 childs 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 childs 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 pass 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

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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.

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

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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 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.

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 ones own pleasures and desire for the good of the person or persons
to be served. Service involves dedication and sacrifice of the giving of ones 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.

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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 mans 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 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
ones 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

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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 officers 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 officers 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
husbands 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 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 ones 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

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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

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

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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.

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.

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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 officers word.

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.

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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.

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

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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 officers 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 Officers 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 Officers 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.
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.

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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 Policemans 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 citizens 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.

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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.

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.

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Equality in the Service - There shall be judicious equitable distribution of opportunity to prove ones 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.

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 officers 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 mens 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 ones 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

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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.
New years call - PNP members pay a new years 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 days work for the week.
2. Flag Retreat Ceremony - At the end of the Official days work to PNP members pause for a moment to
salute the lowering of the flag.
3. HalfMast - 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

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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

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.

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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, 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

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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
peoples 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.

Police Relations - Reviving the idea of The peoples 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.

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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.
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.

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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:

1. Community Information - these are activities utilizing the various forms of media directed towards the
public at large. These are designed to increase the publics 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.

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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.
c. Special Individual Liaison: Monitoring and Assessment of activities and special activities of general
liaison.

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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 MediaPolice 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.

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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.

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.

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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:
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 persons 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 persons 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 persons dealing with neighbor who constitute a vital
link to good reputation in the community

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3. Community Relations - This is made up of a persons 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 persons 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:

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. Citizens 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 officers 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 officers 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

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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 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 publics
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 - Peels 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

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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 officers support groups, both in the sense of family system and close
personal relationships, affect the officers 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 officers 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

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.

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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 Officers 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

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.

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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 ones 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 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 policemans knowledge, mental alertness and judgment all enter in the development of this very
desirable trait.

Personal Dignity

Personal dignity is indicative of a policemans 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

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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 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 policemans 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.

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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 officers 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

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.

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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.
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.

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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 persons 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.
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.

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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 conduct of lawful
searches and seizures to gather necessary evidences so that a complaint may be filed with the Prosecutors 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 Prosecutors 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.

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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 of stability The judge may come and go anytime
and permanency

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 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)

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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 Citizens 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 Govt 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;

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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;

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 ones 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 mischiefs (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

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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.

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.

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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
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?

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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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