CRIM1 – INTRODUCTION TO CRIMINOLOGY

CRIMINOLOGY
- the entire body of knowledge regarding crimes, criminals and the
efforts of society to prevent and repress them.
- the scientific study of the causes of crime in relation to man and
society who set and define rules and regulations for himself and
others to govern.
THE EVOLUTION OF CRIMINOLOGY

ORIGIN OF THE WORD “CRIMINOLOGY”

The term criminology was derived from the Italian tern
“criminologia” coined by Raffaelle Garofalo, an Italian law professor, in
1885.
In 1887, Paul Topinard, a French anthropologist, used the term
“criminologie”.
An American criminologist in the person of Edwin Sutherland
introduced his own definition of the term “criminology”. According to him,
criminology is the entire body of knowledge regarding crime as a
social phenomenon. It includes within its scope the process of
making laws, of breaking laws and of reacting towards the breaking
of the laws.

NATURE OF CRIMINOLOGY
1) It is an applied science. (INSTRUMENTATION)
2) It is a social science. Crime is a social creation and it exists in a
society being a social phenomenon.
3) It is dynamic.
Criminology changes as a social condition changes. It is concomitant
with the advancement of other sciences that have been applied to it.
4) It is nationalistic.
The study of crimes must be in relation with the existing criminal law
within a territory or country. The question as to whether an act is a crime is
dependent on the criminal law of a state. It follows therefore that the causes
of crime must be determined from its social needs and standards.

SCOPE OF THE STUDY OF CRIMINOLOGY

1) Study of the origin and development of criminal law
2) Study of the causes of crimes and development of criminals.
3) Study of the different factors that enhance the development of criminal
behavior, such as:
a) criminal demography – the study of the relationship between
criminality and population
b) criminal epidiomology – the study of the relationship between
environment and criminality
c) criminal ecology – the study of criminality in relation to the
spatial distribution in a community
d) criminal physical anthropology – the study of criminality in
relation to physical constitution of men
e) criminal psychology – the study of human behavior in
relation to criminality
f) criminal psychiatry – the study of human mind in relation to
criminality
g) victimology – the study of the role of the victim in the
commission of a crime
Criminal Etiology = is the study of the cause or origin of crime. It
studies the primary reasons for crime commission.

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 Sociology of law = attempt at scientific analysis of the condition
which the penal/criminal laws has developed as a process of formal or social
control.
Sociology = It is the study of human society, its origin, structure,
functions and direction.
Criminological research = study of the crime correlated to with
antecedent variables, state of crime trend.

CRIME
- An act or omission in violation of a public law forbidding or
commanding it.
- A violation of societal rules of behavior as interpreted and
expressed by a criminal legal code by people holding social and
political power.

SUB-CLASSIFICATION OF CRIMES
1) FELONY
- an act or omission punishable by law which is committed by
means of dolo (deceit) or culpa (fault)and punishable under the
Revised Penal Code
2) OFFENSE
- an act or omission in violation of a special law

3) INFRACTION
- an act or omission in violation of a city or municipal ordinance

Classes of Crimes
1. Crime Mala in Se = Acts that are outlawed because they violate basic
moral values such as rape, murder, assault and robbery?
a. Intentional felony (IFI)
b. Non-intentional felony (IFN)
2. Crime Mala prohibita= acts that are outlawed because they clash
with current norms and public opinion , such as tax, traffic and drug
laws.

ELEMENTS OF A FELONY
a) INTENTIONAL FELONIES:
- felonies committed by means of dolo (deceit)
- the act or omission is performed with deliberate intent or malice

1) freedom or voluntariness
2) intelligence
3) intent

b) CULPABLE FELONIES:
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and the injury
caused by the offender is unintentional, it being the simply the
incident of another act performed without malice
1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of foresight or lack of skill)

LEGAL CLASSIFICATION OF CRIMES

1) as to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault
2) as to the stages in the commission of crimes:

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 a) consummated crime – when all the elements necessary for
its execution and accomplishment are present
b) frustrated crime – when the offender has performed all the
acts of execution which will produce the felony as a consequence
but which nevertheless do not produce it, by reason of causes
independent of the will of the perpetrator
c) attempted crime - when the offender commences the
commission of a crime directly by overt acts and does not
perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own
spontaneous desistance
3) according to plurality:
a) simple crime – single act constituting only one offense
b) complex crime – single act constituting two or more grave felonies
or an is a necessary means for committing the other
4) according to gravity:
a) grave felonies – those to which the law attaches the
capital punishment or afflictive penalties
b) less grave felonies – those to which the law attaches
correccional penalties
c) light felonies – those to which the law attaches the penalty
of arresto menor or a fine not exceeding P200.00

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1) According to the result of the crime:
a) acquisitive crime – the offender acquires something
b) extinctive crime – the consequence of the act is
destructive
2) According to the time or period of the commission of the
crime:
a) seasonal crime – committed only during a certain period of the
year
b) situational crime – committed only when the situation is
conducive to its commission
3) According to the length of time of the commission of the
crime:
a) instant crime – committed in the shortest possible time
b) episoidal crime – committed by a series of acts in a lengthy
space of time
4) According to the place or location:
a) static crime – committed in only one place
b) continuing crime – committed in several places
5) According to the use of mental faculties:
a) rational crime – committed with intent and the offender is in
full possession of his sanity
b) irrational crime – committed by an offender who does not know
the nature and quality of his act on account of the disease of the
mind
6) According to the type of offender:
a) white-collar crime – committed by a person belonging to the
upper socio-economic class in the course of his occupational
activities
b) blue-collar crime – committed by ordinary professional criminal
to maintain his livelihood
Other types of crimes
Bias crimes = violent acts directed toward a particular person or
members of a group merely because the targets share a discernible racial,
ethnic, religious or gender characteristics. Also called hate crimes.

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 Cleared crimes = two ways by which crimes are cleared: (1) when at
least one person is arrested, charged, and turned over to the court for
prosecution, (2) by exception means, when some element beyond police
control precludes the physical arrest of an offender e.g. when he/she leaves
the country.
Corporate crimes = white collar crime involving a legal violation by
corporate entity, such as price fixing, restraint of trade, or hazardous waste
dumping.
Crime of reduction = crimes that are committed when the offended
party experiences a loss of some quality relative to his/her present standing
such as when they become victims of robbery or theft, but they may also be
victimized if their dignity is stripped from them when they are taunted by
racists.
Crimes of repression = crimes that are committed when members of
a group are prevented from achieving their fullest potential because of
racism, sexism, or some status bias.
Cyber crime = the commission of criminal acts using the
instruments of modern technology such as computers or the internet.
Economic crime = an act in violation of the criminal law that is
designed to bring financial gain to the offender.
Enterprise crime = the use of illegal tactics by a business to make
profit in the market place.
Expressive crime = a crime that has no purpose except to
accomplish the behavior t hand such as shooting someone.
Hate crimes = acts of violence or intimidation designed to terrorize or
frighten people considered undesirable because of their race, religion, ethnic
origin, or sexual orientation.
Inchoate crimes = Incomplete or contemplated crimes such as
criminal solicitation or criminal attempts.
Mission hate crimes = violent crimes committed by disturbed
individuals who see it as their duty to rid the world of evil.
Organizational crimes = crimes that involves large corporations and
their efforts to control the market place and earn huge profits through
unlawful bidding, unfair advertising, monopolistic practices, or other illegal
means.
Organized crimes = illegal activities of people and organizations
whose acknowledged purpose is profit through illegitimate business
enterprise.
Public Order crimes = acts that are considered illegal because they
threaten general well-being of society and challenge its accepted moral
principles. Prostitution, drug use, and the sale of pornography are considered
public order crimes.
Reactive hate crime = perpetrators believe they are taking a
defensive stand against outsiders who they believe threaten their community
or way of life.
Retaliatory hate crime = offense committed in response to a hate
crime, real or perceived.
Statutory crimes = crimes defined by legislative bodies in response
to changing social conditions, public opinion, and custom.
Trill-seeking hate crime = Hatemongers who join forces to have fun
by bashing minorities or destroying property; inflicting pain on others give a
sadistic thrill.
Victimless crimes = crimes that violate the moral order but in
which there is no actual victim or target. In these crimes which include
drug abuse and sex offenses, it is society as a whole and not an individual
who is considered the victim.
White-collar crimes = illegal acts that capitalize on a person’s
status in the market place. It may involve theft, embezzlement, fraud,
market manipulation, restraint of trade, and false advertising.
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Other terms referring to crimes
I. Crime of Rape
a. acquaintance rape = forcible sex in which offender and the
victim are acquainted with one another.
b. aggravated rape = rape involving multiple offenders,
weapons and victim injuries.
c. date rape = forcible sex during the courting
relationship.
d. gang rape = forcible sex involving multiple attacker.
e. marital rape = forcible sex between people who are
legally married to each other.
f. Serial rape =multiple rapes committed by one person over
time.
g. statutory rape = sexual relations between an underage
minor female and an adult male.
II. Crime of killing
a. Homicide = the killing of human being by another.
b. Parricide = the act of killing one’s own father, mother,
spouse or child.
c. Infanticide = killing of an infant less than 3 days old.
d. Sororicide = killing one’s own sister.
e. Fratricide = killing of one’s own brother
f. Matricide = killing of a mother by her own child.
g. Patricide = killing of a father by his own child.
h. Uxoricide = act of one who murders his wife.
i. Eldercide = the murder of a senior citizen.
j. Abortion (aborticide) = an act of destroying (killing) a
fetus in the womb.
k. Suicide = taking one’s own life voluntarily and intentionally.
l. Regicide =the killing or murder of a king.
m.Vaticide = the killing of a prophet.
n. Euthanasia = mercy killing or the act or practice of
painlessly putting to death a person’s suffering from incurable
and distressing disease.
o. Involuntary manslaughter = a homicide that occurs as a
result of acts that are negligent and without regard for the
harm they may cause to others, such as driving while under
the influence of liquor or drugs. (also known as negligent
manslaughter)
p. Voluntary manslaughter = a homicide committed in the
heat of passion or during a sudden quarrel; although intent
may be present, malice is not.
q. Mass murder = the killing of a large number of people in
a single incident by an offender who typically does not seek
concealment or escape.
r. Murder = the unlawful killing of a human being with
malicious intent.
s. Serial murder = the killing of a large number of people
over time by an offender who seeks to escape detection.
III. Crimes against Property
a. Acquaintance robbery = robbery who focus their thefts on
people they know.
b. Arson = the intentional or negligent burning of a home,
structure, or vehicle for criminal purposes such as profit,
revenge, fraud, or crime concealment.
c. Arson for profit = people looking to collect insurance
money, but who are afraid or unafraid to set the fire
themselves, hire professional arsonist.
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 d. Arson fraud = a business owner burns his or her property, or
hires someone to do it, to escape financial problems.
e. Burglary = breaking into and entering a home or structure
for the purpose of committing a felony.
f. Carjacking = theft of a car by force or threat of force.
g. Churning = a white collar crime in which a stockbroker
makes repeated trades to fraudulently increase his/her
commission.
h. Commercial theft = business theft that is part of the
criminal law; without such laws the free enterprise system
could not exists.
i. Grand Larceny = theft of money or property of
substantial values, punished as a felony.
j. Larceny = taking for one’s own use the property of
another, by means other than force or threats on the victim
or forcibly breaking into a person’s home or workplace; theft.
k. Petit (petty) larceny = theft of a small amount of money
or property, punished as a misdemeanor.
l. Pilferage = theft by employees through stealth or deception.
m.Robbery = taking or attempting to take something of value
by force or threat of force and/or by putting the victim in fear.
n. Shoplifting = the taking of goods from retail store.

CRIMINAL
- in the legal sense, a criminal is any person who has been found to
have committed a wrongful act in the course of the standard judicial
process; there must be a final verdict of his guilt.
- in the criminological sense, a person is already considered a
criminal the moment he committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS

1) On the basis of etiology:
a) acute criminals – persons who violate criminal law because of
the impulse of the moment, fit of passion or anger.
b) chronic criminals – persons who acted in consonance with
deliberated thinking, such as:
b.1) neurotic criminals – persons whose actions arise from
the intra-psychic conflict between the social and anti-social
components of his personality.
b.2) normal criminals – persons whose psychic organization
resembles that of a normal individual except that he
identifies himself with criminal prototype.
2) On the basis of behavioral system:
a) ordinary criminals – the lowest form of criminal career;
they engage only in conventional crimes which require limited
skill.
b) organized criminals – these criminals have a high degree
of organization that enables them to commit crimes without
being detected and committed to specialized activities which can
be operated in large scale businesses.
c) professional criminals – these are highly skilled and able to
obtain considerable amount of money without being detected
because of organization and contact with other professional
criminals.
3) On the basis of activities:
a) professional criminals – those who earn their living through
criminal activities.
b) accidental criminals – those who commit criminal acts as a
result of unanticipated circumstances.
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 c) habitual criminals – those who continue to commit criminal
acts for such diverse reasons due to deficiency of intelligence
and lack of control.
d) situational criminals – those who are actually not criminals but
get in trouble with legal authorities because they commit crimes
intermixed with legitimate economic activities.
Other Criminal types
Career criminals = a person who repeatedly violates law and
organizes his or her neighbors.
Professional criminals = offenders who make a significant portion of
their income for crime.
Professional fence = an individual who earns his or her living solely
by buying and retailing stolen merchandise.
Reasoning criminal = According to the rational choice approach, law-
violating behavior occurs when an offender decides to risk breaking the law
after considering both personal factors such as need for money, revenge,
thrills and entertainment and situational factors such as how well a target is
protected and the efficiency of the local police force.

INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW
- that branch of public law which defines crimes, treats of
their nature and provides for their punishment
REVISED PENAL CODE (RPC)—Act.No. 3815
- the book that contains the Philippine criminal law
- effectivity of the RPC is 1 January 1932
CHARACTERISTICS OF CRIMINAL LAW
1) It is general in application/ GENERALITY:
The provisions of the criminal or penal law must be applied equally to
all persons within the territory regardless of sex, race, nationality and other
personal circumstances, with the following exceptions:
a) heads of state or country
b) foreign diplomats and ambassadors
2) It is territorial in character/ TERRITORIALITY:
As part of the right of a state to self-preservation, each independent
country has the right to promulgate laws enforceable within its territorial
jurisdiction, subject only to the limitations imposed by treaties of preferential
applications and by the operation of international law of nations. The
Revised Penal Code and the other special laws are applicable only to the
areas within the Philippine territorial jurisdiction, such as:
a) Philippine archipelago – all the islands that comprise the
Philippines
b) Atmosphere water – all bodies of water that connect all the
islands such as bays, rivers and streams
c) Maritime zone – the twelve (12) Nautical Mile limit beyond our
shore measured at low tide
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED
PENAL CODE:
The Revised Penal Code shall be applicable to all cases
committed outside the Philippine territorial jurisdiction under the
following circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the
Philippine Island or obligations and securities issued by the
government of the Philippines;
c) while being a public officer or employee, should commit an offense
in the exercise of their functions’
d) should commit any of the crimes against national security and law
of nations
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3) It is prospective or retrospective/PROSPECTIVITY:
No person may be punished for his act when at the time he
committed the act, it is still not yet punishable by law. However, penal laws
may be given retroactive effect when it is favorable to the accused.

4) It is specific and definite.

Criminal law must give a strict definition of a specific act which
constitutes an offense. Where there is doubt as to whether a definition
embodied in the Revised Penal Code applies to the accused or not, the judge
is obligated to decide the case in favor of the accused. Criminal law
must be construed liberally in favor of the accused and strictly
against the state.

5) It is uniform in application.
An act described as a crime is a crime no matter who committed it,
wherever committed in the Philippines and whenever committed. No
exceptions must be made as to the criminal liability. The definition of crimes
together with the corresponding punishment must be uniformly construed,
although there may be a difference in the enforcement of a given specific
provision of the penal law.

6) There must be a penal sanction or punishment.

Penal sanction is the most essential part of the definition of the crime.
If there is no penalty to a prohibited act, its enforcement will almost be
impossible. The penalty is acting as deterrence and as a measure of self-
defense of the state to protect society from the threat and wrong inflicted by
the criminal.

EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT
Primitive Tribes
- punishment may be in the form of ostracism and expulsion
- adultery may be punished by the aggrieved husband who may kill the
adulterer and his own offending wife
- crime may be avenged by the victim himself or by the victim’s family

B) THE EARLY CODES

1) CODE OF HAMMURABI
- Hammurabi, the king of Babylon during the eighteenth century BC, is
recognized as the first codifier of laws
- it provides the first comprehensive view of the laws in the early
days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit for tat”,(an eye for an
eye, tooth for a tooth) appears throughout the Code
- under the principle of the law of talion, the punishment should be the
same as the harm inflicted on the victim
Highlights of the Code of Hammurabi:
a) compensation to the victim of a robbery by the authorities of the city in
which the robbery occurred if the thief was not caught
b) the killer is answerable not to the family of the victim but to the king
c) death was the penalty for robbery, theft, false witness, building a
house that falls on its owner
(if the house should collapse and kill the owner’s son, the son of the
builder would be the one executed)
d) a son who struck his father would suffer the amputation of a hand
e) if in an assault a victim’s bone was broken, the same bone of the
assailant would be broken
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2) THE HITTITES
- the Hittites existed about two centuries after Hammurabi and
eventually conquered Babylon

Highlights of the laws of the Hittites:

- capital punishment was used for many offenses, except for homicide or
robbery
- rape, sexual intercourse with animals, defiance of the authority and
sorcery were all punishable by death
- the law of homicide provided for the restitution to the victim’s heirs
- law enforcement and judicial functions were placed in the hands of
commanders of military garrisons

3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian lawgiver of the seventh century BC
Highlights of the Code of Drakon:
- death was the punishment for almost every offense
- murderers might avoid execution by going into exile; if they return to
Athens, it was not a crime to kill them
- death penalty was administered with great brutality

4) LAWS OF SOLON
- Solon was appointed archon and was given legislative powers
- Solon repealed all the laws of the Code of Drakon, except the law on
homicide
- Solon was one of the first to see that a lawgiver had to make laws that
applied equally to all citizens and also saw that the law of punishment
had to maintain proportionality to the crimes committed
Highlights of the Laws of Solon:
- the thief was required to return stolen property and pay the victim a
sum equal to twice its value
- for the crime of temple robbery, the penalty was death
- for rape of a woman, the penalty was a fine of certain amount

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the
middle of the sixth century BC
- the Twelve Tables were the foundation of all laws in Rome and
written in tablets of bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men
composed of patricians
Highlights of the Twelve Tables:
- if a man break another’s limb and does not compensate the injury,
he shall be liable to retaliation
- a person who committed arson of a house or a stack of corn shall be
burned alive
- judges who accepted bribes as well as those who bribed them were
subject to execution
- any act of treason was punishable by crucifixion

SCHOOLS OF THOUGHT IN CRIMINOLOGY

CLASSICAL CRIMINOLOGY
The classical school of criminology grew out of a reaction against the
barbaric system of law, punishment and justice that existed. There was no
real system of criminal justice in Europe at that time. Some crimes were
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specified, some were not. Judges had discretionary power to convict a
person for an act not even legally defined as criminal.
This school of thought is based on the assumption that individuals
choose to commit crimes after weighing the consequences of their actions.
According to classical criminologists, individuals have free will. They
can choose legal or illegal means to get what they want, fear of punishment
can deter them from committing crime and society can control behavior by
making the pain of punishment greater than the pleasure of the criminal
gains.
This theory, however, does not give any distinction between an adult
and a minor or a mentally-handicapped in as far as free will is concerned.

FOUNDERS OF THE CLASSICAL CRIMINOLOGY

1) CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)
- published a book entitled “On Crimes and Punishment” in 1764;
this book presented a coherent and comprehensive design for an
enlightened criminal justice system that was to serve the people
- his book contains almost all modern penal reforms but its greatest
contribution was the foundation it laid for subsequent changes in
criminal legislation
- his book was influential in the reforms of penal code in France,
Russia, Prussia and it influenced the first ten amendments to the US
Constitution

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND

THE CRIMINAL JUSTICE SYSTEM
“In forming a human society, men and women sacrifice a portion of
their liberty so as to enjoy peace and security.”
“Punishments that go beyond the need of preserving the public safety
are in their nature unjust.”
“Criminal laws must be clear and certain. Judges must make
uniform judgments in similar crimes.”
“The law must specify the degree of evidence that will justify the
detention of an accused offender prior to his trial.”
“Accusations must be public. False accusations should be severely
punished.”
“To torture accused offenders to obtain a confession is
inadmissible.”
“The promptitude of punishment is one of the most effective curbs
on crime.”
“The aim of punishment can only be to prevent the criminal from
committing new crimes against his countrymen, and to keep others from
doing likewise. Punishments, therefore, and the method of inflicting them,
should be chosen in due proportion to the crime, so as to make the most
lasting impression on the minds of men…”
“Capital punishment is inefficacious and its place should be
substituted life imprisonment.”
“It is better to prevent crimes than to punish them. That is the
chief purpose of all good legislation.”

JEREMY BENTHAM
- founded the concept of UTILITARIANISM – assumes that all our
actions are calculated in accordance with their likelihood of bringing
pleasure and pain
- devised the pseudo-mathematical formula called “felicific
calculus” which states that individuals are human calculators who
put all the factors into an equation in order to decide whether a
particular crime is worth committing or not

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 - he reasoned that in order to deter individuals from committing
crimes, the punishment, or pain, must be greater than the
satisfaction, or pleasure, he would gain from committing the crime

Rationale Choice theory = law violating behavior occurs when the

offender decides to risk breaking the law after considering both personal
factors and situational factors.

Offense –specific = means that offenders will react selectively to the

characteristics of particular offense.

Offender-specific = means that criminals does not simply engage in

random acts of anti-social behavior.

Three essential elements in decision making as to commit or not to

commit crime:
1. Type of crime 2. Time and place of crime 3. Target.

NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that free will of
men may be affected by other factors and crime is committed due to some
compelling reasons that prevail. These causes are pathology, incompetence,
insanity or any condition that will make it impossible for the individual to
exercise free will entirely. In the study of legal provisions, this is termed as
either mitigating or exempting circumstances.

POSITIVIST CRIMINOLOGY
During the late eighteenth century, significant advances in knowledge
of both the physical and social world influenced thinking about crime. Forces
of positivism and evolutionism moved the field of criminology from
philosophical to a scientific perspective. From there, a more diligent search
of criminal behavior began.
Positive theorists were the first to claim the importance of looking at
individual difference among criminals. These theorists who concentrated on
the individual structures of a person, stated that people are passive and
controlled, whose behaviors are imposed upon them by biological and
environmental factors.
CESARE LOMBROSO
- considered the FATHER OF MODERN CRIMINOLOGY due to his
application of modern scientific methods to trace criminal behavior,
however, most of his ideas are now discredited
- he claimed that criminals are distinguishable from non-criminals due
to the presence of atavistic stigmata (Atavistic anomalies)– the
physical features of creatures at an earlier stage of development
- he asserted that crimes are committed by those who are born with
certain recognizable hereditary traits
- according to his theory, criminals are usually in possession of
huge jaws and strong canine teeth, the arm span of
criminals is often greater than their height, just like that of
apes who use their forearms to push themselves along the ground
- other physical stigmata include deviation in head size and shape,
asymmetry of the face, excessive dimensions of the jaw and
cheekbones, eye defects and peculiarities, ears of unusual size,
nose twisted, upturned or flattened in thieves, or aqualine or
beaklike in murderers, fleshy lips, swollen and protruding, and
pouches in the cheek like those of animal’s toes
- Lombroso’s work supported the idea that the criminal was a
biologically and physically inferior person
- according to him, there are three (3) classes of criminals:
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 1) born criminals – individuals with at least five (5) atavistic
stigmata
2) insane criminals – those who are not criminals by birth; they
become criminals as a result of some changes in their
brains which interfere with their ability to distinguish between
right and wrong
3) criminaloids - those with make up of an ambiguous group that
includes habitual criminals, criminals by passion and other
diverse types.

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

A) BIOLOGICAL DETERMINISM
This explanation for the existence of criminal traits associates an
individual’s evil disposition to physical disfigurement or impairment.

1) GIAMBATTISTA DELA PORTA (1535-1615)

- Italian physician who founded the school of human
physiognomy, the study of facial features and their relation to
human behavior; the study of judging a person’s character from
facial features to determine whether the shape of the ears, nose
and eyes and the distances between them were associated with
anti-social behavior
2) JOHANN KASPAR LAVATER (1741-1801)
- Swiss theologian who believed that people’s true characters and
inclinations could be read from their facial features
3) FRANZ JOSEPH GALL (1758-1828)
- born in Germany, a renowned neuroanatomist and physiologist
and a pioneer in the study of the localization of mental functions
in the brain
- developed cranioscopy, a method to study the personality and
development of mental and moral faculties based on the
external shape of the skull
- cranioscopy was later renamed as phrenology, the study
that deals with the relationship between the skull and human
behavior
4) CHARLES GORING (1870-1919)
- also stutied phrenology or craniology which deals with the study
of the external formation of the skull indicating the conformation
of the brain and the development of its various parts which is
directly related to the behavior of the criminal
- he believed that criminal characteristics were inherited and
recommended that people with such characteristics should not
be allowed to reproduce.
- relationship between crime and defective intelligence such
as feeblemindedness, epilepsy, insanity and defective social
instinct.
5) JOHANN KASPAR SPURZHEIM (1776-1832)
- German phrenologist who was the assistant of Gall
- he was the man most responsible for popularizing and spreading
phrenology to a wide audience

PHYSIOLOGY OR SOMATOTYPE
- this refers to the study of the body build of a person in relation to
his temperament and personality and the type of offense he is most
prone to commit.
- this study which searches the relationship of body build to behavior
became popular during the first half of the twentieth century.

12
 The following are the proponents of the somatotype school of
criminology:
1) ERNST KRETCHMER
- he correlated body build and constitution with characters or
temperamental reactions and mentality
- he distinguished three (3) principal types of physiques:

a) asthenic – lean, slightly built, narrow shoulders; their

crimes are petty thievery and fraud (payat).
b) athletic – medium to tall, strong, muscular, coarse bones;
they are usually connected with crimes of violence
(macho) .
c) pyknic – medium height, rounded figures, massive neck,
broad face; they tend to commit deception, fraud and
violence (mataba).

2) WILLIAM SHELDON
- formulated his own group of somatotype:

TYPE OF PHYSIQUE TEMPERAMENT

a) endomorphic -relatively large viscerotonic – generally
digestive viscera; round body; relax and comfortable
short, tapering limbs; small person, loves luxury and
bones; smooth, velvety skin essentially extrovert

b) mesomorphic – with relative romotonic – active,

predominance of muscles, bones dynamic; walks, talks
and motor organs of the body and gestures assertively
with large wrist and hands and behaves aggressively

c) ectomorphic – relative pre- dominance cerebrotonic – introvert

of skin and its appendages which prone to allergies, skin
troubles,
includes the nervous system; it has chronic fatigue, insomnia,
fragile and delicate bones; sensitive skin and sensitive
with droopy shoulders, small to noise
face and sharp nose, fine hair
and with relatively small body

HEREDITY AS A FACTOR IN CRIMINALITY

1) RICHARD DUGDALE
- he studied the lives of the members of the JUKES FAMILY and
referred to ADA JUKES as the MOTHER OF CRIMINALS
- he discovered that from among the descendants of Ada Jukes, there
were 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40
persons with venereal diseases and 50 prostitutes
- he claimed that since families produce generations of criminals, they
must have been transmitting degenerate traits down the line

2) HENRY GODDARD
- he studied the lives of the KALLIKAK FAMILY and found that
among the descendants from MARTIN KALLIKAK’s relationship with a
feeble-minded lady, there were 143 feeble-minded and only 46 normal,
36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels and 82
died of infancy; his marriage with a woman from a good family
produced almost all normal descendants, only 2 were alcoholics, 1 was
convicted of religious offense, 15 died at infancy and no one became
criminal or epileptic.

13
INTELLIGENCE AS A FACTOR IN CRIMINALITY
The classic studies of the Juke and Kallikak families were among the
first to show that feeblemindedness or low-intelligence can be inherited and
transferred from one generation to the next. Numerous test were also
conducted that lead to the development of the use of IQ tests as a testing
procedure for offenders. The very first results seemed to confirm that
offenders had low mental abilities and they were found to be mentally
impaired.

B. PYSCHOLOGICAL DETERMINISM
This explains the psychological determinants which define
behavior of a person. This idea has long been hatched by thinkers who
were consumed by the belief that it is the psychological equivalents that
prod the person to act the way he does.
There are many ways to classify psychological theories of crime
causation. Some of the theories emphasize emotional problems, mental
disorders, sociopathy and thinking patterns. But the common assumption of
these theories is that there is something wrong with the mind of the offender
which caused him to commit crimes.
From among the many theories regarding the relationship of
psychology and crime, the psychoanalytic theory by Sigmund Freud is the
most notable:

1) SIGMUND FREUD (1856-1939)

- he is recognized as the “FATHER OF PSYCHOANALYSIS”
- he believed that man carry with him residue of the most significant
emotional attachments of his childhood, which then guide future
interpersonal relationship.
- he founded the PSYCHOANALYTIC (Psychodynamic) THEORY OF
CRIMINALITY in which he attributed delinquent and criminal behavior
to a conscience that is overbearing which arouses feelings of guilt or a
conscience that is so weak that it cannot control the individual’s
impulses and the need for immediate gratification.
- in his theory, PERSONALITY IS COMPRISED OF THREE
COMPONENTS:

a) ID – this stands for instinctual drives; the primitive part of the

individual’s mental make-up present at birth; it is governed by
the “pleasure principle”; represents the unconscious
biological drives for pleasure; the id impulses are not social
and must be repressed or adapted so that they may become
socially acceptable

b) EGO – this is considered to be the sensible and responsible part

of an individual’s personality and is governed by the “reality
principle”; it is developed early in life and compensates for
the demands of the id by helping the individual guide his
actions to remain within the boundaries of accepted social
behavior; it is the objective, rational part of the personality.

c) SUPEREGO – serves as the moral conscience of an individual;

it is structured by what values were taught by the parents, the
school and the community, as well as belief in God; it is largely
responsible for making a person follow the moral codes of
society. It is divided into two parts: conscience (tells what
is right or wrong) and ego ideal (directs the individual to
morally acceptable and responsible behaviors, which may not be
pleasurable).
14
PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT
Eros = the most basic human drive present at birth (the instinct to
preserve and create life). An expressed sexually.
Oral stage = usually during the first year of life when the
child attains pleasure by sucking and biting.
Anal stage = focus on the elimination of bodily wastes
during the second and third years of life.
Phallic stage = during the third year when child focus their
attention on their genitals.
Oedipus complex = a stage of development when
male begin to have sexual feelings for their mother.
Electra complex = a stage of development when
girls begin to have sexual feelings for their fathers.
Latency = begins at age 6. Feelings of sexuality are
expressed until the genital stage begins at puberty; this marks the
beginning of adult sexuality.

Fixated person = exhibit behavior traits characteristics of

those encountered during infantile sexual development e.g. an infant
who does not received enough oral gratification during the first year of
life is likely as an adult engage in such oral behavior as smoking,
drinking, or drug abuse and others.

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION

1) EMOTIONAL PROBLEMS THEORIES
The emotional problem theories look at the offender as having the
same psychological make-up as that of a non-offender. There is no disease
or psychological disorder present in the offender. But the offender does not
cope well with his environment and this creates frustration that results in
crime. The emotional problem theories assume that the lawbreaker does not
have a great mental sickness that causes him to commit crimes but rather,
he commits crime because of everyday emotional problems that made him
unable to cope. As a result, the offender acts out criminally.

2) MENTAL DISORDER THEORIES

There are two general types of mental disorders. First, the organic
disorder, where the physiological cause can be identified, such as head
injuries that left the mind blank, senility, Parkinson’s disease and Alzheimer’s
disease. Organic disorders refer to the brain’s disorder or sickness. Second
is the functional disorder, which is characterized by strange behavior that
cannot be traced to any known organic disease. Examples of functional
disorders are those people with no apparent brain sickness who hear voices
that other do not hear, or who see things that others do not see.

TYPE OF MENTAL DISORDERS

1) NEUROSES
- a common type of mental disorder used to explain criminal behavior
- also referred to as hysteria or neurasthenia
- some of the more common neuroses are:
a) ANXIETY – also known as anxiety state or anxiety reaction;
characterized by the person feeling anxious, fearful anticipation
or apprehension; the person may be irritable, have poor
concentration and over reacts to things that are annoying

15
 b) OBSESSIVE COMPULSIVE BEHAVIOR – people who suffer from
this have unwanted, intrusive and repetitive thoughts or
behaviors

OBSESSION – a repetitive and irresistible thoughts or urge

COMPULSION – a repetitive behavior that is thought to produce

or prevent something that is thought to be magically connected
to the behavior

c) PHOBIA – excessive and unexplainable fear of something;

generally exaggerated fear of things that normal people do not
fear with the same degree

d) DEPRESSION – extreme feeling of low morale, sadness,

loneliness, self-pity, despair, rejection, boredom and pessimism;
a person is said to be depressed if these feelings become
pervasive and can already affect all aspects of a person’s life

e) IMPULSE DISORDER – an excessive or unreasonable desire to

do or have something; an irrational or irresistible motive; examples of
this are kleptomania, pyromania, dipsomania and others

2) PSYCHOSES
- a more serious type of mental disorder, which can be organic or
functional
- psychotic people lose contact with reality and have difficulty
distinguishing reality from fantasy
- the most common type of psychosis are the following:
a) SCHIZOPRENIA – also called dementia praecox; characterized
by distortions or withdrawal from reality, disturbances of
thoughts and language and withdrawal from social contact.
b) PARANOIA - gradual impairment of the intellect, characterized
by delusions or hallucination.

DELUSION – false belief

HALLUCINATION – false perception

DELUSIONS OF GRANDEUR – a false belief that you are greater

than everybody else

DELUSIONS OF PERSECUTION – a false belief that other

people are conspiring to kill, harm or embarrass you

Albert Adler (1870- 1937) = founder of individual psychology and

coined the term “inferiority complex” --- people who have feelings of
inferiority and compensate for them with a drive for superiority.

Erik Erikson (1902-1984) = described the so called “identity crisis”----a

psychological state in which youth face inner turmoil and uncertainty about
life roles.

August Aichorn = he concluded that sociatal stress, though damaging,

could not alone result in a life of crime unless a predisposition existed that
psychologically prepared youths for antisocial acts. He called this mental
state –the latent delinquency, found on youths whose personality requires
acting in the following ways: (1) seek immediate gratification, (2) consider
satisfying their personal needs more important than relating to others, and

16
(3) satisfying instinctive urges without considering right and wrong (they lack
guilt).
Isaac Ray = an acknowledged American psychiatrist who popularized the
concept of “moral insanity” in his book, “A treatise on the Medical
Jurisprudence of Insanity”.

C) SOCIOLOGICAL DETERMINISM
Sociological factors refers to things, places and people with whom we
come in contact with and which play a part in determining our actions and
conduct. These causes may bring about the development of criminal
behavior

1) EMILE DURKHEIM
- one of the founding scholars of sociology
- published a book, “Division of Social Labor”, which became a landmark
work on the organization of societies
- according to him:
a) Crime is as normal a part of society as birth and death
b) Crime is part of human nature because it has existed
during periods of both poverty and prosperity
c) As long as human differences exists, which is one of the
fundamental conditions of society, it is but natural and
expected that it will result to criminality
- One of his profound contributions to contemporary criminology is the
concept of anomie, the breakdown of social order as a result of loss
of standards and values

2) GABRIEL TARDE (1843-1904) – forerunner of modern day

learning theorists.
- introduced the Theory of Imitation, which governs the process by
which people become criminals
- The Theory of Imitation is explained by the following patterns:
a) Pattern 1: individuals imitate others in proportion to the intensity
and frequency of their contact
b) Pattern 2: inferiors imitate superiors
c) Pattern 3: when two behavior patterns clash, one may take the place
of the other

3) ADOLPHE QUETELET
- He repudiated the free will doctrine of the classicists
- He founded what is known as the CARTHOGRAPHIC SCHOOL OF
CRIMINOLOGY, together with ANDRE MICHAEL GUERRY
- This study used social statistical data and provided important
demographic information on the population, including density, gender,
religious affiliations and social economic status
- He found a strong influence of age, sex, climate condition, population
composition and economic status in criminality

4) ENRICO FERRI
- a member of the Italian parliament
- he believed that criminals could not be held morally responsible
because they did not choose to commit crimes but was driven to
commit them by conditions of their lives

SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS

The study of sociology provides many ideas and opinions that help in
understanding why a person becomes a criminal.

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SOCIAL NORMS
- Also called rules of conduct
- shared standard of behavior which in turn require certain expectations
of behavior in a given situation
- Socially accepted and expected behavior or conduct in society
- set of rules that govern an individuals behavior and actions

SOCIALIZATION
- refers to the learning process by which a person learns and internalizes
the ways of society so that he can function and become an active part
of society.

CULTURE
- refers to the system of values and meanings shared by a group of
individuals including the embodiment of those values and meanings in
a material object
- refers to the way of life, modes of thinking, acting and feeling
- it is a design of living that is transmitted from one generation to the
next

MODERN EXPLANATIONS OF CRIMES AND CRIMINAL BEHAVIOR

A) SOCIAL STRUCTURE THEORY= views that disadvantage economic

class position is a primary cause of crime.

1) SOCIAL DISORGANIZATION THEORY

- focuses on the conditions within the urban environment that affect
crime rates
- Links crime rate to neighborhood ecological characteristics
- Views crime-ridden neighborhoods as those in which residents are
uninterested in community matters; therefore, the common sources of
control – family, school, church, and barangay authorities – are weak
and disorganized
- Also called differential social organization

Shaw and Mckay =works on social ecology (environmental forces

that have a direct influence on human behavior) as influence by urban
sociologist Robert Ezra Park and Ernest Burgess was focused on social
institutions such as school and the family and how their breakdown
influences deviant and anti-social behavior. He popularized social
disorganization theory.

2) STRAIN THEORY
- holds that crime is a function of the conflict between the goals people
have and the means they can use to legally obtain them
- argues that the ability to obtain these goals is class dependent:
members of the lower class are unable to achieve these goals which
come easily to those belonging to the upper class
- Consequently, they feel anger, frustration and resentment, referred to
as STRAIN
- The commission of crimes with the aim of achieving these goals results
from this conflict

3) CULTURAL DEVIANCE THEORY

- combines the elements of both strain and disorganization theories
- theorizes that in order to cope with social isolation and economic
deprivation, members of the lower class create an independent
subculture with its own set of rules and values
18
 Cultural transmission = the concept that conduct norms are passed
down from one generation to the next so that they become stable
within the boundaries of a culture.

B) SOCIAL PROCESS THEORIES

Social process theory = views that criminality is a function of
people’s interaction with various organization, institutions, and process
in society.
1) SOCIAL LEARNING THEORY
- believes that crime is a product of learning the norms, values and
behaviors associated with criminal activity
a) DIFFERENTIAL ASSOCIATION THEORY
- formulated by Edwin Sutherland
- believes that criminality is a function of a learning process that
could affect any individual in any culture
- His theory is outlined as follows:
i. criminal behavior is learned;
ii. Criminal behavior is learned in interaction with other
persons in a process of communication;
iii. the principal part of learning of criminal behavior occurs
within an intimate personal group;
iv. when criminal behavior is learned, the learning includes
techniques in committing the crimes which are sometimes
very simple, the specific direction of motives, drives,
rationalization and attitudes;
v. the process of learning criminal behavior by association
with criminal and anti-criminal patterns involves all of the
mechanisms that are involved in any other learning
b) DIFFERENTIAL REINFORCEMENT THEORY
- according to this theory, people strike a balance between being
“all-deviant” and “all-conforming”
- Behavior persists depending on the degree to which it was
rewarded or punished

2) SOCIAL CONTROL THEORY

- maintains that all people have the potential to violate the law and that
modern society presents many opportunities for illegal activities
- argues that people obey the law because behavior and passions are
being controlled by internal and external forces
SOCIAL BOND THEORY (ALSO CALLED SOCIAL CONTROL THEORY)

Social bond = ties a person has to the institutions and process of

society. According to Hirschi, elements of the social bond include
commitment, attachment, involvement, and belief.

Containment theory = according to Walter Reckless, it is the

idea that strong self-image insulates a youth from the pressures and
pulls of crimogenic influences in the environment.

3) SOCIAL REACTION THEORY (labeling theory)

- holds that people enter into law-violating careers when they are
labeled for their acts and organize their personalities around the labels.

- Negative labels have dramatic influence on the self-image of offenders.

Criminology 2

19
 PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM

- The sum total of instrumentation which a society uses in the
prevention and control of crime and delinquency.
- The machinery of the state or government which enforces the rules of
conduct necessary to protect life and property and to maintain
peace and order.
- Comprises all means used to enforce these standards of conduct,
which are deemed necessary to protect individuals and to maintain
general well-being of the community.

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY

COMMISSION TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES
AT THE BARANGAY LEVEL
- promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING

DISPUTES AT THE BARANGAY LEVEL

RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF

1991
- provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- enacted on 10 October 1991

LUPONG TAGAPAMAYAPA
It is a body of men created to settle disputes within the barangay level.
It is also referred to as the LUPON.

Composition of the Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman
of the Lupon and the Barangay Secretary as the Secretary of the Lupon,
plus other members who shall be not less than ten (10) but not more
than twenty (20). It shall be constituted every three (3) years.

Qualification to become members of the Lupon

Any resident of the barangay of reputable character may be appointed
as member of the Lupon. Members of the Lupon shall be appointed by
the Barangay Chairman with the term of three (3) years.

Basic function of the Lupon

20
 Essentially, the Lupon must provide a forum for matters relevant
to the amicable settlement of disputes for the speedy resolution of
disputes.

PANGKAT TAGAPAGKASUNDO
It shall act as the conciliation panel. It is also referred to as the
PANGKAT.
It shall be composed of three (3) members chosen from the
members of the Lupon. They shall choose from among the three of them the
Pangkat Chairman and Pangkat Secretary.
The Pangkat shall be constituted whenever a dispute is
brought before the Lupon.
The members of the Pangkat shall be chosen by the parties of
the dispute from among the Lupon members. In case of
disagreement, the Barangay Chairman shall draw lots.

Matters fall under the jurisdiction of the Lupon

a) those involving offenses that are punishable by the
imprisonment of one year and below, or a fine in the
amount of five thousand pesos and below;
b) those involving parties that actually reside or work in
the same barangay;
c) those involving marital and family disputes;
d) those involving minor disputes between neighbors;
e) those involving real properties located in the barangay;

Venue for amicable settlement

a) disputes between persons actually residing in the same
barangay shall be brought for 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 actually resides;
c) all disputes involving real property or any interest shall be
brought in the barangay where the real property or the larger
portion is situated;
d) those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for
study shall be brought in the barangay where such workplace or
institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may initiate proceedings?
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.

COMPLAINANT – the person who filed the complaint against the

respondent.

RESPONDENT – the person who is being complained of.

CAUSE OF ACTION – an act or omission of one party in violation of the legal

rights of another for which the latter suffers damage which affords a party to
a right to judicial intervention.

2. Upon receipt of the complaint the Chairman shall meet with the
respondent and complainant and mediate. If he fails in his

21
mediation within fifteen (15) days, he shall set a date for the
constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are

persuaded by the Punong Barangay or Pangkat to amicably settle their
disputes

3. The Pangkat shall meet not later than three (3) days after their
constitution, on the date set by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of the dispute within

fifteen (15) days from its meeting. This period may be extended for
another fifteen (15) days, at the discretion of the Pangkat.

Purpose of amicable settlement

“Because it is a pre-condition to filing of complaint in court”
“No complaint involving any matter within the authority of the Lupon
shall be filed directly in court unless there has been a confrontation between
the parties before the Chairman or the Pangkat, and that no conciliation or
settlement has been reached as certified by the Secretary, or unless the
settlement has been repudiated by the parties.”

Effect of the amicable settlement

The amicable settlement shall have the force and effect of a final
judgment of a court upon the expiration of ten (10) days from the date of
settlement.

FIRST PILLAR: LAW ENFORCEMENT

As the first pillar in the criminal justice system, the police is
considered as the initiator of action. Its actions and decisions essentially
control or dominate the activities or functions of the other pillars.

Brief History of the Philippine Policing System

The institution of police in the Philippines formally started during the
Spanish period. The establishment of the police force was not entirely
intended for crime prevention or peacekeeping. Rather, it was created as an
extension of the colonial military establishment.

Ancient Roots
The forerunner of the contemporary police system was the practice of
barangay chieftains to select able-bodied young men to protect their
barangay during the night and were not required to work in the fields during
daytime. Among the duties of those selected were to protect the properties
of the people in the barangay and protect their crops and livestock from wild
animals.

Spanish Period
Carabineros de Seguridad Publica – organized in 1712 for the purpose of
carrying the regulations of the Department of State; this was armed and
considered as the mounted police; years after, this kind of police
organization discharged the duties of a port, harbor and river police

Guardrilleros – this was a body of rural police organized in each town and
established by the Royal Decree of 18 January 1836; this decree provided
that 5% of the able-bodied male inhabitants of each province were to be
enlisted in this police organization for three years

Guardia Civil – this was created by a Royal Decree issued by the Crown on
12 February 1852 to partially relieve the Spanish Peninsular troops of their
22
work in policing towns; it consisted of a body of Filipino policemen organized
originally in each of the provincial capitals of the central provinces of Luzon
under the Alcalde Mayor

American Period
The Americans established the United States Philippine Commission
headed by General Howard Taft as its first governor-general. On
January 9, 1901, the Metropolitan Police Force of Manila was
organized pursuant to Act No 70 of the Taft Commission. This has
become the basis for the celebration of the anniversary of the Manila’s Finest
every January 9th.

Act No 175 – entitled “An Act Providing for the Organization and
Government of an Insular Constabulary”, enacted on July 18, 1901

Act No 255 – the act that renamed the Insular Constabulary into Philippine
Constabulary, enacted on October 3, 1901

Executive Order 389 – ordered that the Philippine Constabulary be one of

the four services of the Armed Forces of the Philippines, enacted on
December 23, 1940.

Post-American Period

RA 4864 – otherwise known as the Police Professionalization Act of

1966, enacted on September 8, 1966; created the Police Commission
(POLCOM) as a supervisory agency to oversee the training and
professionalization of the local police forces under the Office of the President;
later POLCOM was renamed into National Police Commission
(NAPOLCOM)

Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975, enacted

on August 8, 1975; established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC) as the nucleus and the
integrated local police forces as components, under the Ministry of National
Defense
- transferred the NAPOLCOM from the Office of the President to the
Ministry of National Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal
government the operational supervision and direction over all INP units
assigned within their locality.

Executive Order No 1040 – transferred the administrative control and

supervision of the INP from the Ministry of National Defense to the National
Police Commission.

RA 6975 – otherwise known as the Department of the Interior and Local

Government Act of 1990, enacted on December 13, 1990; reorganized the
DILG and established the Philippine National Police, Bureau of Fire Protection,
Bureau of Jail Management and Penology and the Philippine Public Safety
College

RA 8551 – otherwise known as the Philippine National Police Reform

and Reorganization Act of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975
23
PHILLIPINE NATIONAL POLICE
- organized pursuant to RA 6975, as amended by RA 8551
- a law enforcement agency under the operational control of the
Department of the Interior and Local Government and
administrative supervision of the National Police Commission
- it is an organization that is national in scope and civilian in
character
- headed by the Chief, PNP, with the rank of Director General

OBJECTIVES OF LAW ENFORCEMENT/POLICE

1) Crime prevention – the prevention and suppression of crimes have
traditionally been accepted as the primary goal of the local police
forces.
2) Criminal apprehension – it is a police responsibility to identify,
locate and apprehend offenders.
3) Law enforcement – it is the basic responsibility of the police to
enforce the law.
4) Order maintenance – one of the most troublesome responsibilities of
the police.
5) Public service – because the police is the most visible symbol of
authority, they are called upon to assist in situations like location of
lost persons or properties, to provide VIP, bank and funeral escorts and
other similar duties.
6) Traffic regulation and motor accident investigation –
The police are expected to ensure road safety for both pedestrians and
motorists and assist in cases of road accidents and emergencies.

SECOND PILLAR: PROSECUTION

PROSECUTION
- the course of action or process whereby accusations are brought
before a court of justice to determine the innocence or guilt of the
accused
- in a criminal action, it is a proceeding instituted and carried on by due
course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with a crime

PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
- one who prosecutes another for a crime in the name of the
government; one who investigates the prosecution upon which an
accused is arrested; one who prepares an accusation against the
party whom he suspects to be guilty
- an officer of the government whose function is the prosecution of
criminal actions or suits partaking of the nature of criminal actions

DUTIES OF A PROSECUTOR
1) to conduct preliminary investigation;
2) to make proper recommendation during the inquest of the case
referred to them by the police after investigation of the suspect;
3) to represent the government or state during the prosecution of the
case against the accused

NATIONAL PROSECUTION SERVICE (NPS)

- the principal prosecutory arm of the government

24
 - its primary task is to investigate and prosecute all criminal offenses
defined and penalized under the Revised Penal Code and other
special laws
- composed of the Office of the Chief State Prosecutor, the Regional
State Prosecution Offices and the Provincial and City Prosecution
Office
- under the general supervision and control of the Secretary of the
Department of Justice
- the Chief State Prosecutor is the head of the Prosecutorial Staff

PRELIMINARY INVESTIGATION
- an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof
- it is required to be conducted before the filing of the information for an
offense where the penalty prescribed by law is at least four years,
two months and one day

PROBABLE CAUSE
- the existence of such facts and circumstances as would excite a belief
in a reasonable mind, acting on the facts within the knowledge of
the prosecutor, that the person charged is guilty of the crime for
which he is prosecuted
- such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed by
the person sought to be arrested

COMPLAINT
- a sworn, written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
officers charged with the enforcement of the law
- may be filed either before the prosecutor’s office or the court

INFORMATION
- an accusation in writing charging a person with an offense subscribed
by the fiscal and filed with the court

OFFENDED PARTY
- the person against whom or against whose property the crime was
committed

PEACE OFFICERS
- officers directly charged with the preservation of peace, law and order
- includes members of the Philippine National Police

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

(PNO’s)
1) Provincial or city prosecutors and their assistants (PCP)
2) Judges of the municipal trial courts and municipal circuit trial courts
(No longer allowed)
3) National and regional state prosecutors (NRSP)
4) Other officers as may be authorized by law:
a) Tanodbayan’s special prosecutors as authorized by the
Ombudsman
b) COMELEC’s authorized legal officers in connection with election
offenses
c) Special prosecutors appointed by the Secretary of Justice

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PROCEDURE OF PRELIMINARY INVESTIGATION

1) There must be a complaint accompanied by the affidavit of the

complainant and his witnesses as well as other supporting documents
to establish probable cause.
2) The investigating prosecutor shall either dismiss the case or issue a
subpoena to the respondent within ten (10) days after filing of the
complaint.
3) The respondent shall submit his counter-affidavit and that of his
witnesses within ten (10) days from receipt of the subpoena. If the
respondent cannot be subpoenaed or if he failed to submit his counter-
affidavit within the prescribed period, the investigating prosecutor shall
resolve the complaint based on the evidence presented by the
complainant.
4) The investigating prosecutor may set a hearing if there are facts or
issues to be clarified. The hearing shall be held within ten (10) days
from the submission of the counter-affidavit, or from the expiration of
the period of submission. Such hearing shall be terminated within five
(5) days.
5) Within ten (10) days after the investigation, the investigating
prosecutor shall determine whether or not there is sufficient ground to
hold the respondent for trial. The termination of the hearing shall be
the end of the investigation.
6) If the investigating prosecutor finds cause to hold the respondent for
trial, he shall prepare the resolution and information. He shall forward
the record of the case to the provincial or city prosecutor or chief state
prosecutor within five (5) days from his resolution.

If the investigating prosecutor recommends dismissal of the

case, the same procedure shall apply.
The provincial, city or chief state prosecutor shall act on the
resolution within ten (10) days from receipt and shall immediately
inform the parties of such action.
No complaint or information may be filed or dismissed by the
investigating prosecutor without prior written authority or approval of
the provincial or city or chief state prosecutor.

7) If the investigating prosecutor recommends the filing of the case but

the provincial, city or chief state prosecutor disapproves and wants the
case dismissed, the provincial, city or chief state prosecutor may
dismiss the case without need for another preliminary investigation.

If the investigating prosecutor recommends dismissal of the case

but the provincial, city or chief state prosecutor finds probable cause,
the provincial, city or chief state prosecutor may file the information
with the court without the need for preliminary investigation.
8) In case either party is not satisfied with the findings of the provincial,
city or chief state prosecutor, he may submit his petition with the
Secretary of Justice.

The Secretary of Justice has the power to modify the resolution of

the provincial, city of chief state prosecutor. The Secretary may affirm
or reverse the resolution of the provincial, city or chief state prosecutor
without conducting another preliminary investigation.

THIRD PILLAR: COURTS

COURT

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 - 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 for the administration of justice.
JUDICIARY
- that branch of the government which is vested with judicial power
- that branch of the government which is empowered to interpret,
construe and apply the laws.
JUDICIAL POWER
- the power to apply the laws to contests or disputes concerning legally
recognized rights or duties of and between the state and the private
persons or between individual litigants in cases properly brought
before the judicial tribunals.
- vested in one Supreme Court and in such lower courts .
POWER OF JUDICIAL REVIEW
- the power of the Supreme Court to determine whether laws passed by
Congress and acts of the President are in accord with the
Constitution when the matter is raised
JUDGE
- a public officer so named in his commission and appointed to preside
over and to administer the law in a court of justice
JURISDICTION
- the power and authority of a court to hear, try and decide
cases

KINDS OF JURISDICTION:
1) General – when the court is empowered to decide all disputes which
may come before it except those assigned to other courts.
2) Limited – when the court has the authority to hear and determine only
a few specified cases.
3) Original – when the court can try and hear a case presented for the
first time.
4) Appellate – when the court can try a case already heard and decided
by a lower court, removed from the latter by appeal.
5) Exclusive – when the court can try and decide a case which cannot be
presented before any other court.
6) Concurrent – when any of two or more courts may take cognizance of
a case.

BP 129
- otherwise known as the Judiciary Reorganization Act of 1980

ORGANIZATION AND JURISDICTION OF THE COURTS

SUPREME COURT
-composed of a Chief Justice and 14 Associate Justices
-shall have administrative supervision over all courts
-shall have the power to discipline judges of the lower courts
-shall have appellate jurisdiction over cases decided by the Court of Appeals
-shall have the power of judicial review

COURT OF APPEALS
-headed by a Presiding Justice
-has appellate jurisdiction over cases decided by the RTC
-has the power to order new trial

REGIONAL TRIAL COURTS

-presided by a Regional Judge
-has general jurisdiction over criminal cases

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 -has jurisdiction over offenses punishable with imprisonment of six years and
one day and over
-has appellate jurisdiction over cases decided by the MTC, MTC and MCTC

METROPOLITAN MUNICIPAL MUNICIPAL

CIRCUIT
TRIAL COURT TRIAL COURT TRIAL COURT
-has jurisdiction over violation of city or municipal ordinances and offenses
punishable by imprisonment not exceeding six years.

SPECIAL COURTS
1) COURT OF TAX APPEALS
- created under RA 1125
- composed of three (3) judges
- has exclusive appellate jurisdiction to review on appeal decisions
of the Commissioner of the Bureau of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of the
Bureau of Customs involving customs duties
2) SANDIGANBAYAN
- created pursuant to PD 1606
- composed of fifteen (15) Justices
- tasked to handle criminal cases involving graft and corruption
and other offenses committed by high- ranking public officers
and employees in connection with the performance of their
functions
3) SHARIA COURTS
- created pursuant to PD 1083, otherwise known as the “Code
of Muslim Personal Laws of the Philippines”
- created as part of the judicial system
- courts of limited jurisdiction known as the Sharia District Court
are presided by District Judges
- Sharia circuit trial courts are presided by circuit judges
DECISION
- the judgment rendered by a court of justice or other competent
tribunals
JUDGMENT
- the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition of the proper penalty and
civil liability
- it must be written in the official language, personally and directly
prepared by the judge and subscribed by him
- shall contain clearly and distinctly a statement of the facts and the
laws upon which it is based
CONTENTS OF JUDGMENT
1) JUDGMENT OF CONVICTION
- When the judge finds the accused guilty of the charges against
him
- The legal qualification of the offense constituted by the acts
committed by the accused and the aggravating or mitigating
circumstances which attended its commission
- The participation of the accused in the offense, whether as
principal, accomplice or accessory after the fact
- The penalty imposed upon the accused
- The civil liability or damages caused by his wrongful act or
omission to be recovered from the accused by the offended party
unless the enforcement of the civil liability by a separate civil
action has been reserved or waived.

2) JUDGEMENT OF ACQUITTAL
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 - When the judge finds the accused not guilty of the charges
against him.
- shall state whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely failed to prove
his guilt beyond reasonable doubt.

PROMULGATION OF JUDGMENT
- by reading in the presence of the accused and any judge of the court in
which it was rendered
- if the judge is absent, the judgment may be promulgated by the clerk
of court

FOURTH: CORRECTION
Definition: Is that branch of administration of criminal justice charged
with the responsibility for the custody, supervision and rehabilitation of
convicted offenders.
Penology = a branch of criminology which deals with the treatments,
management and administration of inmates.
Penalty = the suffering that is inflicted by the state for the
transgression of the law.
Theories Justifying Penalty
Prevention – the state punishes the criminal to prevent or suppress
the danger to the state and to the public arising from the criminal acts
of the offender.
Self-Defense – the State punishes the criminal as a measure of self-
defense to protect the society from the threat and wrong inflicted by
the criminal.
Reformation – the State punishes the criminal to help him reform or
be rehabilitated.
Exemplarity – the State punishes the criminal to serve as an example
to others and discourage others from committing crimes.
Justice – the State punishes the criminal as an act of retributive
justice, a vindication of absolute right and moral law violated by the
criminal.
Judicial Conditions of Penalty
Judicial and legal – penalty must be imposed by the proper authority
and by virtue of a judgment as prescribed by law.
Definite – penalty must be specific and exact.
Commensurate – penalty must be proportional to the gravity or
seriousness of the crime committed.
Personal – penalty must be imposed only to the person who actually
committed the crime with no substitutes.
Equal – penalty must be applied to all who committed the offense.
Prison law – basic law in the Philippines Prison System found in the Revised
Administrative Code.
Philippine Prison System – patterned after the US Federal Prison
System.
P.D. 29- the law that classified prisoners.
Classification of Prisoners
1. According to Sentence/place of confinement.
a. National or Insular Prisoner – one who is sentenced to serve a
prison term of three years and one day to death.
b. Provincial Prisoners – one who is sentenced to serve a prison
term of six months and one day to three years.
c. City Prisoners – one who is sentenced to serve a prison term of
one day to three years.
d. Municipal Prisoner – one who is sentenced to serve a prison
term of one day to six months.
2. According to fine:
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 a. National or insular – one who is sentenced to serve a prison
term of three years and one day to death or whose fine is more than
6,000.00, or both.
b. City/Provincial prisoner – one who is sentenced to serve a
prison term of six months and one day to three years or whose fine is
less than P6,000.00 but more than P 200.00, or both.
c. Municipal prisoner – one who is sentenced to serve a prison
term of one day to six months or whose fine is not more than P200.00,
or both.

3. According to Status
a. detention prisoners – those held for security reasons,
investigation; those awaiting or undergoing trial and awaiting judgment.
b. Sentenced prisoners – those convicted by final judgment and
serving their sentence.

Prison – institutions for confinement of convicted offenders sentenced to

more than three (3) years of imprisonment.
- derived from the Greco-Roman word “prisidio”
- administered by the National Government under the Bureau of
Corrections.
- also called national prisons and also includes the penal colonies and
penal farms.

Jails – institutions for confinement of convicted offenders sentenced to

imprisonment of three (3) years or less.
- institution for the confinement of those still undergoing trial or
awaiting judgment.
- derived from the Spanish word “jaula” and “caula”
 Provincial jails are administered and supervised by their
respective provincial governor.
 City and municipal jails are administered and supervised by
the Bureau of Jail Management and Penology.

Executive Clemency = Collective term for absolute pardon, conditional

pardon, and commutation of sentence.
= Granted by the chief Executive Officer (President of the Philippines).

KINDS OF EXECUTIVE CLEMENCY

1. Pardon – an act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is bestowed
from the punishment the law inflicts for a crime he has committed.
- granted by the President after conviction by final judgment.
- Extinguishes only criminal liability but not the civil liability.

Kinds of Pardon:
a. absolute Pardon- the extinction of the criminal liability of the
individual to whom it is granted without any condition and restores to the
individual his civil rights.
b. Conditional Pardon - the extinction of the criminal liability of an
individual from the punishment which the law inflicts for the offense he has
committed, within certain limits or conditions.
2. Commutation of Sentence - reduction of the sentence, from a heavier
sentence to a less serious one, or from longer prison term to a shorter one.
- convicted offenders may only be granted commutation of sentence
after serving a portion of their sentence as provided by law.
3. Amnesty – an act of sovereign power granting oblivion or general pardon
for the past offense, usually granted in favor of certain classes of persons

30
who have committed crimes of political character, such as treason or
rebellion.
4. Commutation of Sentence – reducing the period of imprisonment into
shorter period.
5. Repeive – temporary suspension of the execution of sentence.

Parole – a method by which a prisoner who has served a portion of his

sentence is conditionally released but remains in legal custody, the condition
being that in case of misbehavior, he shall put back to prison.
- granted to convicted offenders who have served a portion of their
sentence as provided by law granted by the Board of Pardons and Parole.

CRIMINOLOGY 3
Human Behavior

Definition
Anything an organism does that involves self-initiated action and/or
reaction to a given stimulus. It is composed of adoptive adjustments people
make as they cope with one another, with problems, with opportunities, and
with working together-aspects, in a given situation.
It is the sum total of man’s reaction to his environment

A. Two Basic Types of Behavior:

a. Inherited behavior
These are inborn behavior, any behavioral reactions or
reflexes exhibited by people because of their inherited capabilities
or the process of natural section e.g. the survival of species who are
dependent on behaviors like breathing, digesting food, mating and
depending oneself.
b. Learned behavior
These are operant behavior which involves knowing or
taking into account, adaptations that enhance a human being’s
ability to cope with changes in the environment in ways which
improve the chances of survival e.g. good command of English,
logical problem solving technique, job skills, and other learned
expertise that give people more control over their lives. It is this
behavior that sets human being apart from other animals.

B. Classification of Human Behavior (HICS)

a. Habitual = refers to motorized behavior usually manifested in
language and emotion.
b. Instinctive = they are generally unlearned and simply comes
out, out of man’s instinct, which can be seen among instinct-
instinct survival behaviors.
c. Symbolic = are behaviors that are usually carried out by means
of unsaid words, and shown through symbols or body signs.
d. Complex= are those behaviors that combines two or more of
the classified ones.

C. Causes of Human Behavior (SPA)

a. Sensation = is the feeling or impression created by a given
stimulus or cause, that leads to a particular reaction or behavior,
in short, the effects e.g. Visual (sight), Olfactory (smell),
Cutaneous (touch), Auditory (hearing), gustatory (taste).
b. Perception = refers to the person’s knowledge of a given
stimulus which largely help to determine the actual behavioral
response in a given situation.
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 c. Awareness = refers to the psychological activity based ion
interpretation or past experience with a given stimulus or object.
D. Characteristics of Behavior
a. Primarily negative or primarily learned
b. Evoked by External stimuli or internal need
c. Automatic, voluntary, conscious or motorized
E. Attributes of Behavior
a. Duration – how long in terms of function of time
b. Extensity – size, distance and location
c. Intensity – magnitude, whether mild, strong and disintegrated
d. Quantity – whether normal, abnormal, misleading or
unacceptable

Abnormal Behavior
= “A.B.” is a Latin initials which means “away from” ,
Abnormal behavior then can be defined as a behavior which is
away from or deviating from the normal behavior. Normal Behavior
on the other hand, is one that is within the concept of a person as
his own behavior which he or she sees normal, and that people who
behave as they do, are likewise normal and those that do not
behave similarly are abnormal. Abnormal behavior most of the time
referred to as “sick” behavior. It is associated to mental illness.
Behavior which are ineffective, self-defeating, self-destructive and
which separates the individuals from those who are important to
him, are regarded as abnormal.

Guidelines for judging abnormal behavior

1. Appropriateness (includes assessment of not only the behavior
itself but also the situation in which it is happening).
2. Flexibility (Normal behavior tends to be flexible as a sign of
healthy behavior).
3. Impulsivity (Normal behavior is more likely to be a result of a
consideration of its consequences, with important decisions
being given careful thought before implementation) Abnormal
behavior, being uncontrolled or partially controlled needs and
drives, tends to be impulsive.
F. Causes of Human Behavior :
1. Sensation – feeing or impression of stimulus (Visual, olfactory,
cutaneous, auditory, gustatory )
2. Perception – knowledge of the stimulus
3. Awareness – refers to psychological activity based on
interpretation and experience of the object or stimulus.

How people interact:

People interact by three psychological positions or behavioral
patterns called ego states:
Parent-ego state – protective, idealistic, evaluative, righteous, refer
to laws, rules and standard.
Adult-ego states – more upon reason, factual, flexible, views other as
co-equal, and reasonable.
Child-ego states – dependent, rebellion, selfish, demanding,
impatient and emotional.

How people transact:

Complimentary – if the stimulus and response pattern from one
ego state to another are parallel.
Non-complimentary – If stimulus and response pattern from
one ego state to another are not parallel.
I. The Biological Background of Behavior
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 The human being is the product of heredity, environment, and
education (training). At birth, man is consider black except for reflexes
which are necessary for his survival. Some of these reflexes are the
following, sucking, swallowing, crying and others.

Man’s eight (8) stages of growth:

1. Pre-natal stage – which is composed of:
a. Ovum period – first two weeks
b. Embryo period – second week to second month
c. Fetus period – second month to birth
2. Infancy stage – first two weeks after birth
3. Babyhood – second week to two years old
4. Childhood – which is divided into: (Early childhood, 2- 6
yrs old and late childhood, 7 to eleven yrs)
5. Puberty – end of childhood and beginning of adolescence
Adolescence – which is divided into: (early adolescence,
puberty to 17 yrs. and late adolescence, 17 to 21 yrs)
1. Adulthood – 21 to forty yrs old.
2. Middle age – forty to sixty yrs. Old
3. Old age – sixty and above

. Developmental Tasks
Every stage of life has its accompanying developmental tasks. They
are tasks imposed on the individual by maturation and culture that prepare
him for the next stage of life.

. THEORIES OF LEARNING
. Connectionism Theory – by Thorndike states that practice
strengthens the association between stimuli an response by using the law of
exercise. That this connection between the stimulus and response can be
strengthens further by means of reward or satisfaction but can be weakened
by punishment or dissatisfaction, through the use of the3 law of effect. This
theory in learning assumed that if a thing is to be learned, there should be
frequent repetitions of stimulus and response.
. Classical or Respondent Conditioning – by Pavlov which states
that the association between a conditioned stimulus and response is
strengthened by repeated presentation with the unconditional stimulus.
. Instrumental or Operant Conditioning – wherein the learning or
stimulus- response relationship is strengthened by immediately making a
follow-up of the thing learned.

. FACTORS AFFECTING LEARNING;

1. Motivation – arouses interest, provides an objective and direct
towards a goal, thus it facilitates learning.
2. Reinforcement - can be made through the use of audio-visual aid,
reviews, drills, and other means.
3. Extinction – means to let something die out or be forgotten by
disuse if it will not facilitate learning.
4. Association – meaning the more connection are made with a
subject, the better it will be learned and retained.
5. Interest – in a lesson will facilitate learning and serve as its own
motivation, aside from having the one teaching making the topic
interesting.
6. Rewards or punishments – should be immediate for it to be
effective and make learning easy.
7. Regency – means that learning should be made recent in the minds
of learners for them not forget what they have learned.

. MOTIVATION
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 Motivation – is defined as behavior instigated by needs within the
individual and directed towards a goal that can satisfy the needs. Motivation
may also be regarded as explanation for action which influences behavior in
many ways. All definitions of motivation have certain things in common such
as; it comes from within; it is directed towards a goal; and it arouses interest
in the activity.
Motivation is important because it controls and directs
behavior. Behavior must be controlled for the good of the individual
and society. For human happiness, it is necessary to control
behavior. Motivation is also important in all aspects of man’s life.

. Classification of Motives:
1. Biological drives – includes physiological, basic and primarily
unlearned motives e.g. water, food and other survival motives.
2. Psychological or social drives – they are secondary, acquired,
learned, and derived. e.g. motives to be rich, popular, balanced and
other acquisition of achievements.
3. Unconscious motives – includes mostly general drives such as
curiosity, maternal instinct and just being nice as a natural drive.

PERSONALITY
Personality is defined as a pattern of habits, attitudes and trials that
defines an individual’s characteristics, behavior and qualities.
= A stable set of characteristics and tendencies that determine the
similarities and differences in the psychological behavior, such as thoughts,
feelings, and actions, of people. It can be introvert, extrovert or ambivert. An
introvert is one characterized by direction of interest toward oneself and
one’s inner world of experiences; the extrovert, characterized by interest
directed toward the external environment of people and things rather than
toward inner experiences and oneself; the ambivert is a mixture of between
an extrovert and introvert.

Personality is defined as a pattern of habits, attitudes and traits that

defines an individual’s characteristics, behaviors and qualities. Personality
is more than charm, poise, or physical appearance, this includes the
following;
(a) Habits – reactions so often repeated that becomes a person’s
fixed characteristic or tendency.
(b) Attitudes - may either be positive or negative, favorable or
unfavorable, learned or acquired.
(c)Physical traits – this includes facial appearance, height, weight,
physical defects, complexion, strength and health.
(d) Mental traits – includes our ability to control the mind.
. Mental abilities:
1. problem solving ability
2. memory and learning ability
3. perceptual ability
4. constructive imagination
5. special imagination
6. soundness of judgment
7. general adaptability
(e) Emotional traits – gives an individual the capacity to face different situations
in life and still maintain composure.
(f) Social traits – the individual’s ability to get along fine with others.
(g) Moral and religious traits – the standards of a person’s actions and
behaviors.

Social Learning Theories

34
 This theory advocate that personality traits are the result of learning as
one interacts with people. Personality is mainly composed of habits and
learned responses to stimuli in the environment.

Maslov’s self-actualization theory

Maslov maintains that man is naturally good and that self-actualization
is his goal. And, blocking this goal makes man frustrated and neurotic.
Aggression and destruction are not natural, but they are the result of an
environment that prevents the attainment of goals. This theory makes human
needs comes first, followed by safety needs, then belongingness, self-esteem
and self-actualization comes last.
Human needs – arises out of a person’s biological and psychological make
up. They are the following;
1. Biogenic needs – refers to the needs of the body existing
primarily for the maintenance of health and protection of the
body against physical injuries. E.g. need for food, air, rest, sex
and avoidance of pain.
2. Psychogenic or sociogenic needs – includes the need for
love, affection, security, growth and achievement, and
recognition from others.

According to A.H. Maslow, who introduced the hierarchy of needs,

which ascends from the basic biological needs present at birth to
the more complex psychological needs which becomes important
only after the more basic needs have been satisfied.
Frustration occurs when a person is blocked in the satisfaction
of a need. Man becomes anxious and restless and tries to seek
means of relieving these anxieties. So, he tries to engage in various
forms of activities intended to satisfy his needs and reduces his
tensions.

. Reactions to Frustration
People differ in the way they react to frustration. An individual’s
way of reacting to frustration is known as coping mechanism.
Generally, people faced with frustration is sometimes reacting to
one or two ways; by fighting the problem in a constructive way and
direct way by means of breaking down the obstacles that stops a
person from reaching his goal; or by getting angry and becoming
aggressive; or by running away from the problem or flight, by
sulking, retreating, becoming indifferent, and giving up without a
fight. These reactions to frustration are called fight-flight reactions.

. Frustration-tolerance
Individuals also differ in their capacity to tolerate unadjusted
states or tolerance to frustration. Some people are able to
withstand prolonged periods of tension without showing signs of
abnormality. Others become neurotic or psychotic, or convert their
frustration into anti-social acts or become alcoholics or drug
addicts. Most people react to frustration in the following ways;
1. direct approach
2. detour or change direction
3. substitution
4. withdrawal or retreat
5. developing feelings of inferiority
6. aggression, and
7. use of defense mechanism

. Defense Mechanism
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 They are unconscious psychological processes that serve as
safety valves to provide relief from emotional conflict and anxiety.
Defense mechanism are forms of self-deception which a person my
not be aware of. They are resorted to whenever psychological
equilibrium is threatened by severe emotional injury arising from
frustration. Among the most common defense mechanism used are
the following;
1. Identification – a process whereby an individual without awareness, satisfies
frustrated desires by psychologically assuming the role of another person.
2. Substitution - is resorted to, when an unattainable or unacceptable goal,
emotion, or object is replaced by one that is attainable or acceptable.
3. Compensation - a process whereby one makes up for some real o imaginary
inadequacy by doing well in another activity.
4. Rationalization – it is a fallacious thinking intended to justify ideas and
behavior in a way that seems reasonable to oneself, although, they are intellectually
justified and often socially disapproved as well.
5. Displacement - this is where one transfer his emotion connected with one
person or thing to another unrelated person or object.
6. Fantasy or daydreaming – this is where an imagined sequence of
events or mental images that serves to express unconscious conflicts, to
gratify unconscious wishes or to prepare for an anticipated future event.
7. Projection - manifest feelings and ideas which are unacceptable to
oneself, but projected onto others so that they may seem to have these
feelings or ideas, that free the individual from the guilt and anxiety associated
with them.
8. Reaction formation - is defined as the development of a trait or
traits which are the opposite of tendencies that we do not want to recognize.
It is shown, when an individual is motivated to act in a certain way, but
behaves in the opposite way, and be able to keep his urges and impulses
under control.
9. Denial – when a person uses this mechanism, he refuses to recognize
and deal with reality because of strong inner needs.
10. Repression – is an unconscious process where unacceptable urges
or painful, traumatic experiences are completely prevented from entering
consciousness
11. Suppression – is a conscious activity by which an individual
attempts to forget emotionally disturbing thoughts and experiences
by pushing them out of one’s mind such as, when a person attempts to
forget emotional pain by losing himself in his work.
12. Regression – when a person employs this defense mechanism, he goes back
to a pattern of feeling, thinking, or behavior which was appropriate to an earlier
stage of development, such as when a person demands for something from others
and when denied, uses tantrums to get it, as what he or she has done in early
childhood when parents give to demands of children by the use of tantrums.
13. Sublimation – is the changing of unacceptable id impulses or needs into
socially and culturally acceptable channels or means. It is also a positive and
constructive mechanism for defending against otherwise unacceptable impulses
and needs. Such as when a homosexual works as a physical therapist and finds
sexual satisfaction in performing his job, in meeting his needs and impulses.

When a person is frustrated in his attempts to adjust himself to

difficult situation over a long period of time, he may try to escape
from conflicts by suffering from any of the following mental
disorders;
1. neurosis – a condition where a person compromises with reality by
developing imaginary ailments, phobia, obsession or compulsion;
2. psychosis – a mental condition where the person may withdraw from the real
world into the world of fantasy and make-believe, where a person’s hidden or
unexpressed desires can be fulfilled;
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 3. psychopath or sociopath with an antisocial personality – a mental
disorder where one, instead of compromising with reality, withdraw into his shell.
The person may go to the other extremes and may become very
aggressive and cruel in his behavior towards others. And, when his
antisocial behavior comes in conflict with the law, he becomes a
criminal.
4. Psychoneurotic person – are those in the twilight zone between normality
and abnormality. They are not insane, but neither are they normal. The neurotic
is always tense, restless and anxious. Frequently, they have obsession,
compulsion. phobia, and in some cases, amnesia. Anxiety is the dominant
characteristic.

. Unhealthy Reactions to Frustration

Some individuals are incapable of making effective adjustments to their
frustration. They have not learned healthy and effective adjustment habits;
hence, they are not emotionally ready to cope with difficult problems
confronting them. As a result, they may react to frustration in a random,
impulsive and inadequate manner that, does not relieve them o tension, but
in fact increases the maladjustment. Among these behavior pattern
considered as unhealthy reactions to frustration are the following;
1. Anxiety - manifested through apprehension, tension, and
uneasiness from anticipation of danger the source of which is
largely unknown or unrecognized.
2. Phobia - an irrational fear which is fixed, intense,
uncontrollable, and most of the time has no reasonable foundation.
3. Obsession – is an idea that persistently recurs in a person’s mind
sometimes against his wish, though it may have no basis at all.
4. Compulsion – is an irresistible impulse to perform certain acts that are
repetitive and ritualistic.
e.g. pyromania – the irresistible urge to set fire,
dipsomania – compulsive desire to take alcoholic
drinks,
kleptomania – the urge to steal
5. Regression - a behavior pattern wherein a person returns to state of
former adjustment and attempts to experience them again in memory.
6. Memory disorder or amnesia - caused by painful memories associated
with some shocking experiences which are repressed and cannot be
recalled.
7. Delusion – a false belief firmly held despite incontrovertible proof of
evidence to the contrary
8. Hallucination – a sensory perception in the absence of an actual
external stimulus.
9. Schizophrenia or dementia praecox – is characterized by disturb
thinking.

. Sexual Deviancy – a sexual behavior that seeks stimulation and sexual

gratification by means other than heterosexual relation.

. Sexuality or heterosexuality – the only normal sexual relation between

members of the opposite sex that could lead to reproduction.

. Different deviant sexual behaviors:

1. Masochism – sexual gratification is attained through the pain inflicted
upon oneself.
2. Sadism – sexual gratification is attained through the pain inflicted upon
the sexual partner.
3. Exhibitionism – sexual gratification is attained by exposing some private
parts of the body.

37
 4. voyeurism – sexual gratification is attained by witnessing a nude man
and woman in the actual sexual act. The sexually deviant person is also
known as Peeping Tom.
5. transvertism – gratification is taken from wearing clothes of the
opposite sex and acting their opposite roles.
6. Fetishism – sexual gratification is attained by substituting an inanimate
object of love.
7. Lesbianism – sexual relation between a woman to a woman.
8. Homosexuality – sexual gratification is attained by having a sexual
relationship with members of the same sex.
9. Incest – sexual relation between persons with blood relationship
10. Pedophilia - a child molester that victimizes young boys that could lead
to sodomy.
11. Bestiality – sexual relation with a living animal.
12. Necrophilia – sexual relation with a newly dead body.

CRISIS MANAGEMENT
. Crisis management – is simply good management under pressure.

. Ten (10) steps to take during crisis;

1. assess the situation - by knowing the following; what is happening
and why; what is likely to happen and how quick the response should
be to avoid further damage in all aspect; who are involve and who
else; and resources at hand.
2. Draw preliminary plan of action – step by step and have contingency
plan for a eventualities.
3. line up a crisis management team – deal with the situation
4. set up a crisis management center
5. set up a communication system – to have an immediate access to all
members of the team
6. prioritize matters
7. face problems one-at-a time
8. prepare detailed plans
9. continuously monitor what exactly is happening
10. Evaluate actions and reaction.

. HOSTAGE NEGOTIATION
In hostage situation the general tendency of the hostage taker is to
hostage a prominent personality in order to gain needed leverage in the
negotiation. What is important in this situation is improved communication
and the efficiency of the police in responding to the call of emergency.

. Priorities in hostage situation;

1. preservation of life – hostage, hostage-taker, public etc.
2. arrest of the hostage-taker, recover and protect property
3. successfully negotiate – to do this, there must be; a need on
the part of the hostage-taker to live and release the hostage.

. Principles to be followed;
The hostage has no value to the hostage-taker. His only value is as a tool
to get what the hostage-taker wants, not from the hostage, but from the
authorities. Violence should be avoided for the sake of the hostage, if it cannot
be avoided, the authorities should be the victor.
To successfully negotiate, there must be a need to live, on the part of the
hostage-taker, because a hostage-taker who is bent in killing himself and has
no intention of releasing the hostage, is a case of non-negotiable, which the
police should ascertain.

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 . Characteristics of hostage-takers;
1. mentally deranged - suffers from delusion and hallucination, and they;
(a) sets the rule;
(b) reacts on overwhelming stress, forcing them to take action to
relieve stress; may even
(c) take members of their family as hostage.
2. severe depression – suffers also some mental aberration which is an
answer to life stress that could lead to self-destruction as in suicide.
3. personality disorder – with an anti-social and maladaptive patterns of
behavior that brings him repeatedly in conflict with society. If he demand
for a member of his family, do not grant , family could be the cause of
being what he is.
4. paranoid – he feels threatened and persecuted, highly suspicious of
people and impulsive.
5. sociopathic personality – highly impulsive and unable to delay
gratification so that if hostage is a woman, raping her is a probability.
6. terrorist – with political purpose or agenda. They use threats and
harassment to create an atmosphere of fear, disregarding women and children
as victims. They are only loyal to themselves and other allied groups and
willing to give life as part of martyrdom.

Upon arrival at the scene of the incident, negotiator should act

immediately on the following;
1. containment - control of area and people;
2. Establish contact – if several hostage-takers are involved, talk
with the leader only. If recognize as an officer of the law, never
tell rank, since hostage-taker may ask for demands that he
think can be at once granted. If deceit has to be used, do not
get caught and bluff;
3. Time lengthening – this will give more time to the police to
organize and coordinate plan of action. It could also lead to the
hostage-taker’s loss of objectivity;
4. Telephone negotiation technique – be the caller, plan and
prepare and be ready with what has to be negotiated.
Discipline oneself to listen. For whatever demand granted, hold
on to a concession, and try to get something in return. e.g.
release of children and women hostages.
5. On a face-to-face negotiation – observe the rules; do not be
over anxious, prepare for a psychological, physical and
emotional confrontation. Wear body armor, have a weapon, but
if ask to come without one, ensure that they too, should lay
down firearms before you enter the place of negotiation.
Coming on a face-to-face situation, observe prescribed
distances as in personal distance, it should be one to three
feet, and while in intimate, about 6 inches. In getting out,
face hostage-taker; slowly walk out of the door with good cover
or tactical backup.

.On surrenders approach - start with a position approach and act as

if the hostage-taker will surrender. Do not talk too much, talk detail
of surrender process, and explain why now is better than later.

. Positive Effects of Time

(a) Hostage-taker will wear down emotionally and psychologically.
(b) Hostage-taker have more demand for food, water, and drinks.
(c) Anxiety reduce, hostage-taker given chance to organize his
true self.
(d) Hostage taker’s rationality increases.
(e) Hostage-taker - negotiator relationship gets improve.
39
 (f) Hostage-taker’s demands may be reduced.
(g) Stockholm Syndrome may develop – which refers to the
unusual development of a mutual positive feelings between
the hostage and hostage-taker for each other that eventually
results
to negative feelings against the authorities.
. What is negotiable?
. money, food, drinks, transportation or even swapping of
prisoners.
. What is non-negotiable?
. weapons and ammunitions
. Cardinal rule in negotiation
. commander should not negotiate, negotiator should not
command.
Reasons :
(a) hostage-taker will have sense of importance;
(b) may make impossible demands, knowing that he is
dealing with commander;
(c) conflict with being a negotiator and commander at the
same time and will have no more fall back;

Note: In case hostage-taker refuse to talk, motivate him by

touching on possible topics related to his act, if he opens up, stop
talking and listen and continue the negotiation.
. Advantages of telephone negotiation;
(a) easier to say NO to some demands;
(b)easier to end and conclude the negotiation;
(c) conversation is quicker;
(d)important items can easily be committed;
(e) negotiator has the advantage and less risk.

. Disadvantage;
. Impersonal – hostage’s reaction cannot be observed.
. Hostage taker – negotiator relationship
. Trust and rapport should be established, but while trust is there, be aware of it;
. If deceit is to be used, tell lies but don’t get caught.
. Walkie talkies - set in single frequency are still considered to be one of the
best in telephone Negotiation and in giving orders.
. If attack has been decided upon, it should be carried within seven (7)
seconds upon the decision.

. Designation and duties of personnel in a negotiating team:

1. Field negotiator – (all members of the team should know him). His duties re;
(a) takes charge of all members;
(b)establish contact with hostage-taker;
(c) over-see containment processes such as evacuation of civilians and
scaling off the place;
(d) regular consultation with commanding officer(highest authority);
(e) operational aide;
a. reports to the field negotiator;
b. set up temporary headquarters
c. coordinate assignments of off-duty personnel arriving at the scene;
d. assessed units as necessary; and
e. relay orders or information to personnel involved.
(f) administrative aide:
a. reports to field negotiator
b. supervise temporary headquarters
c. maintain records of operation of all u nits at the scene.
(g) patrol personnel (with one leader)
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 a. sharpshooters(snipers)
b. chemical agent

. What is important in a hostage taking situation?

1. Dry run or constant practice to ensure the unit’s capabilities of
control over the situation.
2. Considerable screening of all members. Team members should
given free hand in
handling and evaluating the situations they are in.
3. Patrol units, assault units, and all units concerned should know
exactly whose command
they are under.
4. A rescue effort has to run strictly from top, down to the last
member.
5. If chemicals are to be used in the assaults, it should be enough
only to maim the perpetrators in order to incapacitate to disable
them.
6. Assaults when decided upon should be carried out within 7
seconds.
7. Presence of a linguist is necessary, if negotiator is not.

. Implementation of Methods to Deal with Hostage Situation

. Behavior guidelines during negotiation:
(a) be the caller
(b)use civilian clothes
(c) use protective armor
(d)do not ask for demands – hostage-takers may not have demand
(e) give room to negotiate – do not be excited, nervous, and irritated
(f) be calm and relax
(g)talk to hostage taker leader only
(h)elicit a promise
(i) make sure you have a good cover (hidden or otherwise)
(j) conserve concession – hold giving in to demand. Delay works in
favor of authorities.

. On life and death negotiation;

(a) keep in mind that one hostage-taker, show of force is unnecessary
(b)speak firmly but not in threatening manner
(c) do not be over friendly. It may be interpreted as a weakness
(d)hostage-taker should not driven to desperation (give hope, security,
etc.)

Criminology 4
(Juvenile Delinquency)
By: Prof. Nelly D. Callueng/ Prof. Ariel C. Manlusoc

JUVENILE DELINQUENCY
It refers to an anti-social act or behavior which deviates from the
normal pattern of rules and regulations, custom and culture which society
does not accept and which there justifies some kind of punishment or
corrective measures. Those persons adjudged to be delinquent under age
fixed by law are called juvenile delinquent. A delinquent is one whose
behavior has brought a minor or child in repeated conflict with the law.

Juvenile
 Refers to a person of tender year.
 A minor, a youth or those who are not emancipated by law.
 Those who are below the age of majority

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  Refers to a person below 18 years of age or those but are unable to
fully take care of themselves from abuse, neglect, cruelty, exploitation
or discrimination because of physical or mental disability or
conditions.
 R.A. 6809 – an act lowering the age of majority from 21 to 18 and
amending for such purpose E.O. 209.

Types of Delinquent Youth

1. Social (Socialized) = those who become delinquent due to their
association with people in the society to whom they learned deviant
values and later become an aggressive type who recent the authority
of anyone who make an effort to control his behavior.
2. Neurotic = Those who become delinquent as a result of distortion
in their personality and their ideas and perception of the world around
them. Internalize his conflicts and pre-occupied with his own feelings.
3. Psychotic = those with severe personality disorders have a
significantly distorted perception of the society and people around
them. They are likely to commit acts of violence, including murder.
4. Sociopathic = characterized by egocentric personality. They have
limited or no compassion for others. Many violent gangsters are
sociopathic.
Accidental = he is less identifiable in character, essentially socialize
law abiding but too happen to be at the wrong place at the wrong time
and becomes involve in some delinquent act not typical of his general
behavior.
Different approach toward delinquency
Biogenic Approach = faulty biology.
Psychogenic Approach = Personality problem.
Sociogenic Approach = influence of social structure and learning
process.

. CAUSES OF JUVENILE DELINQUENCY:

>>Family
The family is the first and most basic (autonomous) institution in our
society, which develops the child’s potentials in all its many aspects like
emotional, intellectual, moral and spiritual, and physical and social. It is
within the family that the child must learn to curb his desires and to accept
rules that defines the time, place and circumstances under which highly
personal needs maybe satisfied in socially acceptable ways. The following
are some of the causes why some children become juvenile delinquents as
influence by their own families.
1. the faulty development of the child;
2. lack of parental guidance;
3. lack of love and the instinct of hate or envy due to unfair
treatment;
4. parental rejection; and
5. broken home or family.
The family becomes a cause of juvenile delinquency when parents find it
hard to balance their jobs with their parental and domestic responsibilities
and leaving little or no time at all for their children. Other cited causes are;
a. family disruption due to migration
b. marital discord or family problems
c. nuclear family versus extended family
d. single parenthood
e. most importantly, lack of guidance leads the youth to join
bad company or gangs.

The family’s migration to urban areas causes the child to

experience a sense of deprivation, culture shock, and being prone
42
to be victimized by organized and syndicated crimes, drug
addiction, pornography and even prostitution.

>> ENVIRONMENT
This is where the child gets most of his influence, especially in his first
formative years. Youth in the society turns to become delinquent due to
companions in a given environment. Our youth today accused those ahead
of them of failure to define how to live with the right values, with honor and
success in a world that is changing too fast for them to understand. Children
now becomes victims of their own environment, their attitudes, manner of
dressing, taste, ambition, and even behaviors are imitated or have been
influenced by those anti-social acts recognized in their environment. Some
of the results of a crime-inducing environment are the following;
1. association with criminal groups;
2. alcoholism and drug addiction;
3. impulse of fear;
4. crime-inducing situations that causes criminalistic
tendencies; and
5. imitated instinct like selfishness, violence and anti-social
wishes.
The environment of a child plays a big role in his development as an
individual since it reflects on the personality structure of the child. The
environment also covers the place where the child grows up, the people
around him, and the conditions both physical, emotional, spiritual plus the
mental sep-up of those close to him.

>>POVERTY
Jobless people are poor, thus become susceptible to crime commission
since low-income families usually take refuge among city relatives who lives
in a congested and depressed areas. The implication of this problem on
poverty reflects on the children of poor families whose physical and
health welfare are being set aside, giving more priority to foods.

>> MASS MEDIA

People nowadays are becoming increasingly aware of the influence of
mass media in the lives of their children. Television, radio, and the press are
sources of education, as great or even greater than the more traditional
institutions of the community. The media constitute a very large national
industry, dependent in large part on the patronage of the young. It is
important to examine the collective efforts of this industry on the
development of young people, the values that are being taught by the
media; the images of the adult social roles that the youth sees, and above
all, the works done by the media advertising on out youth who became
conspicuous co summers at very early age.

Violent comic cartoons are easily imitated by younger a generation that

produces violent behavior later. Twisted values inculcated into the minds of
our youth, manifest violent behavior later and distorted principles that most
often irritating relationship is the usual outcome among people close to him.

>> POLICE
The police as the first line of defense against crime, must deal with the
serious problem of youth crime. And the importance of this juvenile-police
relation should not be taken for granted or ignore by our law enforcers
because they are the juvenile’s first contact with the justice system.
The police must become a close working partner of other components
of criminal justice system just as it should also be of the juvenile justice
system, if real progress is to be made in this problem. It must be noted that
broad field of police-juvenile work is becoming increasingly important in
43
order to prevent delinquency. The relationship between the police and the
youth should be given tremendous importance and the quality of the
relationship should be such that the youth will be guided toward
constructive citizenship instead of causing them to intensify their anti-social
feeling towards the police.

The proper discharge of police responsibilities should be carried

through the following:
1. close observation of places and conditions which may be
regarded as breeding places for youth crime and delinquency;
2. police should always be in a better position than others to
discover the existence of harmful influences to children;
3. the police should know who are potential or actual
delinquents and recognize who are victims of abuse and neglect;
4. they should also give emphasis to the public that home is
the most vital force in the prevention of juvenile delinquency.

>> Peers, Companions, and Juvenile Gangs

These group of people interact with the youth in a positive and negative
ways. In a negative outcome of a relationship, the results are problems
which are practically derived from different values, personality structures,
and emotional composition of people around the youth. Most importantly
group behavior continues to be the source of delinquent acts.

>> RELIGION
A child’s development usually involves the inculcation of a set of moral
belief that lead in the direction of socially approved behavior. Religion
becomes a causative factor in juvenile delinquency when its traditional role
in the area of delinquency prevention fails, much more when its religious
leaders or spokesperson remain un forceful in delinquency problem. When
members of the religious community take an active part in the problem of
delinquency behavior among the youth, with its full blast of support and
mobilization, the juvenile problem will be minimized, if not totally
eradicated. Additionally, the religious community can facilitate the
participation of the private sector in the delinquency prevention programs.

>> SCHOOL
The school, unlike the family, is a public instrument for training young
people. Hence, the school is more directly accessible to change through the
development of new resources and policies. And, since it is the principal
institutions for the development of a basic commitment to the goals and
values of our society, it is expected that our educational institutions be
provided withy the resources to compete with illegitimate attraction for the
youth’s mind. These factors that create a gap between institution-child
relationships are the following:
1. failure of the school in the character development of the
youth;
2. use of methods that create the condition of failure on the
part of the students;
3. truancy
4. lack of facilities for curricular and extra-curricular activities
5. absence of proper motivation on the part of the school’s
mentors

>> Other Factors

1. unemployment
2. emotional immaturity – when a youth refuse to accept the
truth and becomes too emotional in many aspect of his life;

44
 3. too much ego – whether right or wrong, safe or dangerous,
permitted or prohibited;
4. psychopath personality – characterize by lack of response,
lack of conscience, deficient feeling of affection towards others,
and aggression towards his environment and other people.

PRESIDENTIAL DECREE NO. 603 - THE CHILD AND YOUTH WELFARE

CODE
Approved by – late Pres. Ferdinand E. Marcos
on – Dec. 10, 1974
Effectivity date – June 10, 1975
The Child and Youth Welfare Code is one of the many special laws
enacted by the government in order to guarantee the following
constitutional mandates:

. Art. 11 – Declaration of Principles and State Policies

Section 12
a. recognizing the sanctity of the family life and protecting and
strengthening the family as a basic autonomous social institution;
b. equally protecting the life of the mother and the unborn from
conception, and
c. recognizing the rights and duty of the parents in rearing the youth.
Art. 5 - Commencement of Civil Personality
The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements of
Art. 41 of Civil Code.
Section 13
a. recognizing the vital role of the youth in nation-building.
Art. 15
a. recognizing the Filipino family as the foundation of the nation.

. Application of the Code

The Child and Youth Welfare Code shall apply to all persons 18 years of
age, as amended by RA 6809, (an Act lowering the age of majority from 21
to 18) except those emancipated in accordance with the law, “child” or
“minor” or “youth” as used in this Code shall refer to such person.

. RIGHTS OF THE CHILD

All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religious
affiliation, political antecedents, and other factors.
. The right to be born well, with the dignity and worth of a human being
from the moment of his conception.
. The right of a wholesome family life that will provide him with love,
care, and understanding, guidance and counseling, and moral and material
security.
. The right to a well-rounded development of his personality, to the
end that he may become a happy, useful and active member of the society.

. DUTIES OF PARENTS:
1. to give him affection, companionship and understanding
2. to extend to him the benefits of moral guidance, self-disciplined and
religious instruction
3. to inculcate in him the value of industriousness, thrift and self-reliance
4. to supervise his activities including his recreation
5. to provide him with adequate support including;
a. food or sustenance
b. dwelling or shelter
c. clothing
45
 d. medical assistance
e. education and transportation

Parents shall take special care to prevent the child from becoming
addicted to intoxicating drinks, narcotics, smoking, gambling, and other
vices or harmful practices.

. Liabilities of Parents
Parents and guardians are responsible for the damage or torts (an injury
or wrong done to another) caused by the child under their parental authority
in accordance with the Civil Code.

. Child and Youth Welfare and Community

Community shall mean, the local government, together with the society
of individuals or institutions, both public and private, in which the child lives.
To insure the full enjoyment of the rights of every child to live in a society
that offers or guarantee him safety, health, good moral environment and
facilities for his wholesome growth and development, it shall be the duty of
the community to;
1. to bring about a healthy environment necessary to the formal
growth of the children;
2. to help the institutions of learning achieve the fundamental
objectives of education;
3. to organize or encourage movements and activities, for the
interest of the children and youth;
4. and, to assist the State in combating and curtailing juvenile
delinquency and rehabilitating wayward children.

. Barangay Councils
Barangay Councils shall have the authority to enact ordinances and
resolutions not inconsistent with the law or municipal ordinances, as may be
necessary to provide for the proper development and welfare of the children
in the community, in consultation with representatives of national agencies
concerned with child and youth welfare. Examples of ordinances or
resolutions the barangay can enact;
1. steps to prevent juvenile delinquency and assist parents of
children with behavioral problems;
2. adopt measures for the health of the children;
3. curfew hours, especially for children;
4. recreational or sport facilities to keep them busy.

. Child and Youth Welfare and the SAMAHAN

Samahan as used in this Code, refers to the aggregate of persons or
those responsible persons from various sectors of the community or those
working in commercial, industrial, and agricultural establishment or
enterprises whether belonging to labor or management. Some of the most
important duties of the Samahan are the following:
1. to prevent the exploitation of children in any employment or
calling;
2. to help out-of-school youth to learn and at the same time to
help them look for opportunities to engage in economic self-
sufficient projects.

46
Art. 17 – Joint Parental Authority
The father and the mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted
children. In case of disagreement, the father’s decision shall prevail unless
there is a judicial order to the contrary.

. Parental authority - or the so called patria potestas is the sum

total of the rights which the law grants to the parents over the person and
property of their children while they are minors and unemancipated to
facilitate compliance with their duties of support and education, which are
incumbent upon them.

. Parental responsibility - is the sum total of the duties and

obligations of parents over their minor and unemancipated children.

Art. 107 - Employment of Children Below Sixteen Years

Children below sixteen years of age may be employed to perform light
work which is not harmful to their safety, health or normal development and
which is not prejudicial to their studies.

Child and Youth Welfare Services

Child caring institution (24 hours resident group care service for
P.M.S. and S well-being of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed children or youthful
offender.
Detention Home = twenty-four short term resident care for youthful
offenders waiting for court disposition.
Shelter care= provides temporary protection and care to children
requiring emergency reception.
Receiving home = family type homes proving shelter for ten to
twenty days who shall be under observation and study for eventual
placement by the DSWD. In no case shall children exceed nine. And
not more than two of them shall be under three years of age.
Nursery
Maternity home (for pregnant woman and her infant before, during
and after delivery custody)
Rehabilitation center (rehabilitates youthful offender and other
disturbed children)
Reception and Study Center
Child Placing agency

 Filiation = is the civil status of the child in relation to his parents.

 Paternity = the civil status of the child in relation to his father.
 Maternity = civil status of the child in relation to his mother.
 Foundling = refers to a baby left by the parents.

Legal Classification of Child

• Legitimate = born inside the marriage.
• Illegitimate = born outside the marriage.
• Legitimated = illegitimate child raise to the status of a
legitimate child by subsequent marriage of his parents.
• Adopted = a person who is raise to the status of legitimacy
through adoption (juridical act).

. Special Categories of Children:

. Dependent child - is one who is without a parent, guardian or
custodian; or one who’s parents or guardian or other custodian for good
cause desires to be relieved of his care and custody; and is dependent upon
the public for support.
47
 . Abandoned child - is one who has no proper parental are or
guardianship, or whose parents or guardians have deserted him for a period
of at least six continuous months.

. Neglected child - one whose basic needs have been deliberately

unattended or inadequately attended. Neglect may occur in two ways.
a. There is physical neglect when the child is malnourished, ill
clad and without proper shelter. A child is unattended when left by himself
without provisions for his needs and/or without proper supervision.
b. Emotional neglect - exist when children are maltreated,
raped, seduced; when children are exploited, overworked or made to work
under conditions not conducive to good health; or are made to beg in the
streets or public places, or when children are in moral danger, or exposed to
gambling, prostitution and other vices.

Mentally Retarded
• Custodial ( I.Q.25)
• Trainable (25 to 50) ¼ or ½ of average child
• Educable (50 to 75) ½ to ¾ (up to 5-6th G)
• Borderline or Low Normal (75 to about 89) requires some
extra help.
Mentally ill (behavioral disorder)(F or O)
Emotionally disturbed
Physically handicapped (crippled, deaf-mute, blind etc.)

Republic Act 7610 – “SPECIAL PROTECTION OF CHILDREN AGAINST

CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT.”
Approved by: Former Pres. Corazon C. Aquino
on: June 17, 1992

Sec. 2 Declaration of State Policy and Principles

It is hereby declared to be the policy of the State to provide special
protection to children from all forms of abuse, neglect, cruelty, exploitation
and discrimination, and other conditions prejudicial to their development;
provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child
abuse, exploitation and discrimination. The State shall intervene on behalf
of the child when the parent, guardian, teacher or person having are or
custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person has care and
custody of the same.
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which will affect or will
affect their survival and normal development and over which they have no
control.

Sec. 3 Definition of Terms -

1. “Children” refers to persons below the age of 18 years or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental condition;
2. “child abuse” refers to the maltreatment, whether habitual
or not, of the child which includes any of the fallowing:
(a) psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;

48
 (b) any act b7 deeds or words which debases,
degrades or demeans the intrinsic worth and dignity of
the child as a human being;
(c) unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(d) failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent incapacity
or death.
3. “circumstances” which gravely threaten or endanger the
survival and normal development of children include, but not
limited to, the following:
(a) being in a community where there is armed conflict
or being affected by armed
conflict-related activities.
(b) working under conditions hazardous to life, safety
and morals which unduly interfere
with their normal development;
(c) living in or finding for themselves in the streets or
rural areas without the care of parents, or guardian or
any adult supervision needed for their welfare;
(d) being a member of an indigenous cultural
community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed
for their welfare;
(e) being a victim of a man-made or natural disaster or
calamity.
2. “comprehensive program against child abuse, exploitation
and discrimination” refers to coordinated program of
services and facilities to protect children against:
(a) child prostitution and other sexual abuse;
(b) child trafficking;
(c) obscene publications and indecent shows;
(d) other acts of abuse; and
(e) circumstances which threaten or endanger the
survival and normal development of children.

. Section 7 Child Trafficking

Any person who shall engage in trading and dealing with children
including, but not limited to the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve years of age.

. Sec. 8 - Attempt to Commit Child Trafficking

(a) When a child travels alone to a foreign country
without valid reason and without clearance issued by the DSWD or
written permit or justification from the child’s parents or
guardian;
(b) When a pregnant mother executes an affidavit of consent
for adoption for a consideration;
(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for
purposes of child trafficking;
(d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for then purpose of child trafficking; or

49
 (e)When a person engages in the act of finding children
among low-income families,Hospitals, clinics, nurseries,
day-care centers, or other child-caring institutions who
can be offered for the purpose of child trafficking.

. WORKING CHILDREN

. Section 12 - Employment of Children

Children below fifteen (15) years of age may be employed,
Provided, That the following minimum requirements are present :
1. The employer shall secure for the child a work permit from
the Department of Labor and Employment;
2. The employer shall ensure the protection, health, safety and
morals of the child;
3. The employer shall institute measures to prevent
exploitation or discrimination taking into account the
system and level of renumeration, and the duration and
arrangement of working time; and
4. The employer shall formulate and implement a continuous
program for training and skill acquisition of the child.

. Sec. 13 - Non-formal Education for Working Children

The Department of Education, Culture and Sports shall promulgate a
course design under its non-formal education program aimed at promoting
the intellectual, moral and vocational efficiency of working children who
have not undergone or finished elementary or secondary education. Such
course design shall integrate the learning process deemed most effective
under given circumstances.

. Section 22 – Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed
conflicts in order to promote the goal of children as zones of peace. To attain
these objectives, the following policies shall be observed:
(a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat,
assault, torture or other cruel, inhumane or degrading treatment;
(b)Children shall not be recruited to become members of the Armed
Forces, nor be allowed to take part in the fighting, or used as guides,
couriers, or spies;
(c) Delivery of basic social services such as education, primary health
and emergency relief services shall be kept unhampered;
(d)The safety and protection of those who provide services including
those involved in fact-finding missions from both government and
non-government institutions shall be insured. They hall not be
subjected to undue harassment in the performance of their work;
(e) The public infrastructure such as schools, hospitals and rural health
units shall not be utilized for military purposes such as command
posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of
families temporarily separated due to armed conflict.

Sec. 27 - Who May File a Complaint

Complaints on cases of unlawful acts committed against
children as enumerated herein may be filed by the following:
(a) Offended party;
(b)Parents or guardian
(c) Ascendant or collateral relative within the third degree of
consanguinity;
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 (d)Officer, social worker or representative of a licensed child-caring
institution;
(e) Officer or social worker of the Department of Social Welfare and
development;
(f) Barangay Chairman; or
(g)At least three (3) concerned, responsible citizens where the violation
occurred.

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND

WELFARE SYSTEM (REPUBLIC ACT 9344)
By : Pres. Gloria M. Arroyo
Approved on : May 4, 2006
Sponsored by : Sen. Francis Pangilinan
Statements:
Upon the affectivity of RA 9344, cases against children 18 years old
and below at the time the crime was committed shall be dismissed. These
children shall then be referred to the appropriate local social welfare and
development officer, who will determine whether to release them to the
custody of their parents or have them go through rehabilitation programs.
The law said that those with suspended sentences and undergoing
rehabilitation shall also be released, unless it is contrary to the best interest
of the child. RA 9344 also states that a “family court shall also determine
whether or not continued detention is necessary and if not, determine
appropriate alternatives for detention.
“If detention is necessary and the offender is detained with adults, the
court shall immediately order the transfer of the child to a youth detention
home.”
Children who have been convicted and are serving out their sentence
shall also benefit from the retroactive application of the law and be entitled
to appropriate treatment provided for under this law.
RA 9344 exempts children 18 years old and below from criminal liability.
They will only be subjected to an intervention program – a series of activities
designed to address issues that caused the child to commit offense.
Intervention take the form of an individual treatment program that could
include counseling, skills training, education and other activities that will
enhance the child’s well-being.
However, children above 15 or below 18 may have to face appropriate
proceedings if the prosecution proves they acted with discernment in
committing an offense.
The exemption granted to children, however, does not cover civil liability.
RA 9344 also created a Juvenile Justice and Welfare Council composed of
representatives from various government agencies, which will convene 15
days after this law goes into effect.
The Council, which will be chaired by the Department of Social Welfare
and Development will ensure the effective implementation of RA 9344.

The juvenile justice law also mandates the establishment and

strengthening of local councils for the protection of children, which will be
composed of responsible members of the community, representatives from
the youth sector, and the government and private agencies concerned with
the welfare of children.
The local council will serve as the primary agency to coordinate with and
assist local government units on the adoption of a comprehensive plan to
prevent delinquency and to oversee its proper implementation.
One percent of the internal revenue allotment of barangays, municipalities
and cities shall be allocated for the strengthening and implementation of the
programs of the local council. Each local government unit is in charge of
disbursing this allocation.
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 Under RA 9344, media practitioners are ordered to maintain the highest
professional standards in reporting and covering cases of children in conflict
with the law. In this part of the law, it states that; any undue, inappropriate
and sensationalized publicity of any case involving a child in conflict with the
law is hereby declared a violation of the child’s rights.
Law enforcers 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.
The law added that law enforcers shall not display any firearm, weapon or
handcuffs, unless necessary in apprehending child offenders.
Another provision of RA 9344 states that law enforcers shall turn over
custody of the child “immediately but not later than eight hours after
apprehension” to the Social Welfare and Development Office or other
accredited non-government organizations and notify the child’s parents or
guardians and the public attorney’s office, of the child’s apprehension.
The Social Welfare and Development Office shall then explain to the child
and the child’s parents or guardians, “the consequences of the child’s act
with a view towards counseling and rehabilitation, diversion from the
criminal justice system and reparation, if appropriate.”

DEFINED TERMS UNDER RA 9344

. Diversion - refers to an alternative child-appropriate process of
determining the responsibility and treatment of a juvenile in conflict with the
law on the basis of his social, cultural, economic, psychological or
educational background without resorting to formal court adjudication.

. Diversion programs – refer to programs that the juvenile in conflict with

the law is required to undergo instead of formal court proceedings.

. Probation – is a disposition alternative under which a juvenile in conflict

with the law is released and permitted to remain in his home after conviction
and sentence.

. Discernment – means the mental capacity to understand the difference

between right and wrong and its consequences.

. Restorative Justice – is a principle which requires a process of resolving

conflicts with the maximum involvement of the victim, the offender, and the
community. It seeks to obtain reparation for the victim, reconciliation of the
offender, the offended and the community and reassurance to the offender
that he can be reintegrated into society.

. Initial contact – is the apprehension or taking into custody of a juvenile in

conflict with the law by law enforcement officers or private citizens.

Exemption from criminal liability does not include exemption from civil
liability which shall be enforced in accordance with the provisions Art. 221 of
the Family Code.

POLICE COMMUNITY RELATIONS

I. Definition of Terms:
1. Police Community Relations – It is the sum total of dealings
of the police with the people it serves and whose goodwill
52
 and cooperation it craves for the greatest possible efficiency
in public service.
2. Police Public Relations – It is the continuing process by
which endeavors are made to obtain the goodwill and cooperation of
the public for effective enforcement of the law and accomplishment
of the police purposes.
3. Public Relations – It is the act of bringing about better
understanding, confidence and acceptance for an individual or an
organization.
4. Human Relations – consists of those fundamental precepts,
both moral and legal, which govern the relationships of man in all
aspects of life.
5. Public Information Program – It is designed to bridge any
communication gap between the police and the public. It is the
basic ingredient in effective police community relations.
6. Civic Action Program – A program which makes the
policemen a friend and partner of the people for progress as well as
their defender.
7. MASSCOM Program – It is designed to influence the
opinions, emotions, attitudes, and behavior of the public so that
they will behave in a manner beneficial to the police service.
8. Propaganda – It is the planned use for the public or a mass
communication for a public purpose.
9. Integrated Police Advisory Council – A council that involves
local officials and the citizenry in the preservation of peace and
order and the promotion of public safety.

II. Introduction:
The basic purpose of preserving the peace and protecting life and
property is accomplished by controlling the behavior of people. A person’s
conduct is determined either by what he wants to do, or by what he is
afraid to do. Compliance with law and regulation is obtained either by
developing or by compelling people to conform by threat of punishment.
Hence, the two processes, enforcement and the development of attitudes
favorable to law observance, cannot be completely separated, with the
police free to choose and reject the other, their use is a matter of judgment
varying in degree or emphasis.
The primary concern of the PNP is to earn and maintain the
greatest possible public confidence. Police effectiveness depends
largely upon public support based on the faith of the people in their
police. To insure maximum efficiency, the PNP shall endeavor to
gain public support by conducting massive and sustained activities
in the field of good community relations.
Consequently, the active interest and participation of the
citizens is a source so vital to an effective, efficient, economic and
harmonious law enforcement and public safety, that deliberate
efforts should be made to arouse, promote and maintain public
concern in the objective and affairs of the PNP.

III. Span or Components or Coverage of Police Community

Relations:
1. Public Information Program
2. Public Relations Program
3. Civic Action Program (CAP)
4. Mass Communication Program (Masscom)

Public Information Program –

This is basic ingredient in effective police community relations.
The public must kept
53
well-informed so that it will understand and appreciate the
complexities of police work and the good service the police renders
to the community. This is possible through the use of media.

Medium use in Public Information Program:

1. Personal Media – it consist of face-to-face communication
which includes meetings, rallies, speeches and house-to-
house visits. This is the most practical medium to use in the
provinces. Public rallies maybe conducted by qualified PNP
members where they can speak on matters pertaining to the
police that the public should know.

2. Mass Media – it includes printed matter and audio-visual

communications.
a) Printed matters – it includes all information disseminated
and printed in graphic forms using words of pictures
which may take the form of leaflets, letters, posters,
banners, signs, pamphlets, magazines, newspapers,
books and objects.
b) Audio-Visual Communications – it implies the use of radio,
television, motion pictures, slide, transparencies,
computers in transmitting information to the public.
In the cities and in suburbs, printed matters and audio-
visual communication are more effective because of big
population which is composed mostly of literate and
sophisticated individual. The facilities for such purposes are
readily available.

Public Relations Program –

Every PNP unit from station level up, shall have a Public Relations
Officer to look after the public relations aspects of police work. It shall be
the duty of the Public Relation Officer to issue press release from time to
time regarding the police activities which are also of public concern.
The Public Relations Officer shall evolve and conduct a Public
Relations Program at promoting better and closer relations between
the police and the public. The essence of public relations is simply
good service and making the public well-informed on the good work
done by the police. It is building a good image through actual
commendable performance, without inefficiency and corruption.
The mission of the Public Relations Officer is to gain public
support for policies and to win friendly citizen cooperation in the
program and procedures of the police station in order to facilitate
the accomplishment of police tasks.
Duties of Public Relations Officer:

The duties of the public relations officer maybe divided

into four broad categories namely:
1. To evaluate public opinion and attitudes with respect to the
policies, methods, and personnel of the police station.
2. To advise 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 furnish a staff supervision of all police activities that may
influence public support.
Civic Action Program:

54
 Consistent with the facilities at its disposal, all PNP units shall
conduct civic action program.
The Civic Action Program is one which makes policemen a
friend, and partner of the people for progress as well as their
defender. It can range upward from basic individual acts of courtesy
to disaster relief, to local assistance programs in the concept of self-
help, up to major engineering projects.
It shall encourage and actively participate in athletic
competition to promote youth development, by wisely coordinating
with the social elements of the populace.
It may initiate if necessary, fund-raising campaign for juvenile
delinquents who are being reformed. In a state of calamity, every
member of the PNP shall be alert to safeguard the community
against loss and damages of properties and possible deaths.
He shall encourage residents in his jurisdiction to help in
activities designed to enhance economic self-sufficiency by actively
participating in the Green Revolution and Food Production campaign
of the government.
He shall discourage residents from loitering in the streets or
engaging in uneconomic activities such as illegal, gambling,
alcoholism, drugs and others.
He shall promote and actively participate in the establishment
on small cottage industries with special attention to the out-of-
school youth.
In summation, the principle involve in the PNP Civic Action
Program is that the police is part of, and not apart from society.
They are considered as servants of the community who depend for
the effectiveness of their functions upon the express wishes of the
people.
Suggested Activities for Students: Role Playing

Mass Communication Program (Mass-Com):

MASSCOM Program shall de designed to influence the opinions,

emotions, attitudes, and behavior of the public so that they will
behave in a matter beneficial to the unit in particular and the PNP in
general.
Policemen should be equipped with a basis knowledge of Mass
Com and must devote time for a “heart-to-heart” talk or dialogue
with the people, particularly the youth whom he shall strive to mold
into useful and law-abiding citizens.
The PNP unit conducting the program shall condition the
citizenry to adhere to the laws of the land and dissuade them from
committing crimes, thereby minimizing their chances to engage in
criminal activities and preventing them from being influences by the
misguided elements in our society.
PNP personnel are in good position to conduct MassCom
because of their direct contact with the people in their respective
areas. The PNP units in the provinces know the ideological temper
and peculiarities, including susceptibilities of the people in their
localities.
MASSCOM should be an integral part of police operations
because use of the force alone can never single handedly solve the
problems of dissidence and lawlessness.

Objectives of MassCom:
1. Develop a full media information dissemination style in
order to strengthen the bonds of friendship with the
citizenry and broaden public understanding of the PNP.
55
 2. Keep the public well-informed that the government and the
PNP/AFP and keep them aware of the need for the PNP/AFP
and the vital role it played in the security and development
of the country.
3. Generate public support for the activities and programs of
the PNP/AFP and keep then aware for the need for the
PNP/AFP and the vital role it plated in the security and
development of the country.
4. Established rapport and good working relationship with the
media.
5. Develop a psychological environment whereby the people
will readily respond and support government program which
aimed to establish a democratically independent, unified,
self-reliant and progressive society.

III. Objectives of the Police Community Relations: From the

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

IV. Principles of the Police Community Relations.

Every member of the PNP shall adher to the principles of police
community relations.
1. Public Support Must be Maintained
Every policemen shall be worthy of the publics high trust
by doing this job well and leaving nothing undone through
carelessness. He shall appear able and willing to serve all.
2. Public Resentment Must be Avoided
The policemen shall always have in mind the interest of
the public and shall develop friendly relations by his good
conduct he shall avoid any occasion to humiliate, embarrass,
annoy, or inconvenience.
3. Public Goodwill must be developed.
The policemen must be courteous, fair and quick to assist
individuals in the solution of their problems.
4. Public must be Kept Informed.
The police must inform the public on the regulations and
policies of the police force and the reason for their adoption.

The police is a social problems. They are the agency around

which the community often rallies in time of tension and
emergency. They cannot respond by the force alone. They must
have other means of developing and sustaining civic peace.
Greater emphasis should be placed upon preventive policing
that is programs aimed at anticipating and hearing of social
conflict, the cause of which are so intimately related to the
causes of crime and delinquency.

Crime prevention is generally recognized as an important police

function. But the police can do little without community
56
 cooperation assistance. The police must take the initiative and
show the way –in effect, to assist the community to meet his
responsibility, at the same time hopefully, to improve police
community relations.

V. Five (5) Categories of Peace Officers Individual Public

Relations:

1. Domestic Relations –Consist of persons dealing with his

family, parent and immediate relatives with who he has to
have good relationship to deserve a respectable family
prestige and community relations.
2. Neighborhood Relations –Consist of a persons dealing with
neighbors who constitute a vital link to good reputation in
the community.
3. Community Relations –Consist of a persons dealings with the
citizens of the community, city or town where a person lives,
and his membership or contribution to the civic organization
or community associations in the locality.
4. Church Relations –Consist of persons dealings in the
religious congregation or faith where he belongs. Religious
affiliation is necessary for the stability of moral principles.
5. Government Relations –Consist of the dealings which a
person makes with the government and its various
instrumentalities. Recognition of government authority, its
laws and ordinances, as well as other public responsibilities,
are significant phases of an individuals public relations.

VI. Eight (8) Categories of Peace Officers Professional Public

Relations

1. Intra-Departmental Relations –Consist of peace officers

relations with the officers and men of his own department,
his superiors, the station command as well as the
city/municipal mayor where he is assigned.
2. Inter-Departmental Relations –Relations with other police
agencies consist to the enforcement of the law and
maintenance of peace and order, together with the giving of
information to the public on criminal and non-criminal
activities.
3. Citizens Relations –Includes all dealings or contacts with the
citizens in relation to the enforcement of the law and
maintenance of pace and order together with the giving
information to the public on criminal and non-criminal
activities.
4. Complaints Relations –Includes a police officers dealing with
complaints, the techniques of interview, manner of
approach, and treatment of witnesses as well as informers
or assets.
5. Relations with Accused Persons –Consist in the proper
treatment of suspects the recognition of their constitutional
rights during custodial investigation and the handling of
accused persons during confinement.
6. Relations with State Prosecutors or Fiscals –Include a peace
officers duty to cooperate during preliminary investigations
and gathering of further evidence when so received by the
fiscals.

57
 7. Judicial Relations –Consist of the Peace officers duties
toward the courts when appearing as a witness and the
honesty in testimony.
8. Government Relations –Includes all his dealings with other
non-police agencies or officers of the government, both
national and local, in connection with official duties such as
request for verifications, coordination and whatever help
are needed.

VII. Basic Foundation of Good Community Relations

The basis foundation of good community relations is
efficient service. No amount of publicity can cover tip
inefficiency or poor public service of the police.

Requirements for Good Community Relations:

1. Sincerity in serving the public
2. Full knowledge of the job
3. Deep conviction in the nobility of the work
4. Sound police ethics
5. High standard of operations

VIII. Integrated Police Advisory Council

In order to involve civil officials and the citizenry in the
preservation of peace and order and the promotion of public
safety, there shall be created an advisory council in every level
of the command of the PNP.
Composition of Integrated Police Advisory Council:
1. Local civil officials
2. Representative of the judiciary
3. Representative of the Industrial sector
4. Representative of the Commercial sector
5. Representative of the agricultural sector
6. Representative of the religious sector
7. Representative of the youth sector
8. Representative of the educational sector.

Functions of the Integrated Police advisory Council

1. To advise the Commander on matters pertaining to peace
and order and public safety.
2. To recommend necessary measures to improve the law
enforcement system and public safety condition.
3. To assist the PNP in community relations, and public
information and in enhancing or promoting citizens
involvement in the preservation of peace and order and
public safety.
Criminology 3
Ethics and Values

COURSE OUTLINE
3.1 The PNP Code of Professional Conduct and Ethical Standards
3.1.1 Basic Police Values
3.1.2 The Policemen as Professionals
3.1.3 Police Officers’ Creed and Stand on Basic Issues
3.1.4 Professional Conduct and Ethical Standards
3.1.5 Customs and Traditions
3.1.6 Police Officer’s Pledge
3.2 Concept of Police-Community Relations (PCR)
3.2.1 Scope of Police-Community Relations

58
 3.2.2 Foundations of Public Relations
3.2.3 Principles and Objectives of PCR
3.2.4 Duties of PCR Officers
3.2.5 Obstacles to PCR p[-

3.2.6 Police-Public Relations Programs

3.2.7 Youth-Oriented Programs
3.2.8 PCR Programs
Ethics and values
OUTLINE OF THE LECTURE
I. ETHICS
A. General Ethics
B. Special Ethics
C. Police Ethics
1. PNP Code of Conduct and Ethical Standard
a. Brief History
b. Related Laws
c. Definition of Terms
d. the Code
II. Police-Community Relations

PART I
GENERAL ETHICS

59
 Chapter I
ETHICS

I. Definition
The word Ethics was derived from the Late Latin “ethnicus”, from Greek
“Ethnikos” which means “national”, “gentile”, “customary”, from “ethnos” which
means nations, people; akin to Greek “ethos” custom (Webster’s New Explorer
Encyclopedic Dictionary, 2006).
Ethics based on its etymological meaning is taken to mean as a philosophical
science that deals with the morality of human conduct or human acts (Babor, Ethics,
2008).
Ethics is the practical science of the morality of human conduct (Glenn,
Ethics).

II. Nature/Concept of Ethics

a. It is a division of Philosophy under the Normative Philosophy
Generally, Philosophy can be divided into four disciplines: (1) descriptive or
speculative, (2) normative, (3) practical, and (4) critical. Ethics is more of Normative
Philosophy since it is more concerned on what is good or bad? Or what is right action
and wrong action?
b. It is a Practical Science
Science is a relatively complete and systematically arranged body of knowledge.
Ethics is also a science for it is the result of series of studies, a systematized body of
data reflected upon truth in relation to action. Towards this discovery of truth, sets of
implied rules or directions for thought or action are established this makes the ethics
more of a practical science.
c. It focus on Human Acts
Human acts are the material object of the study of ethics. It shall mean only those
acts which are determined by the free will. It is characterized as acts done
deliberately, freely or voluntarily. Acts which are done by man but without the use of
the power of free choice are act of man. Therefore, acts of man are not human acts.
d. It is the science of the morality of human acts
Ethics does not end with the study of human acts. If human act is the material
object of the study of ethics its formal object is the rectitude (right morality) of
human acts. Human acts may either be in agreement or disagreement with the dictates
of reason. Thus, the ethics determine what it must be to stand in harmony with the
dictates of reason. Hence, Ethics deals with the morality of human conducts it is what
makes us humans as differentiated from other living creatures in their ways of living.

III. Divisions of Ethics

Ethics has two major divisions: the General Ethics and the Special Ethics. General
ethics presents the general principles of morality of human acts while Special ethics
provides for the application of the principles of general ethics to particular department
of human activity, individual or social.

IV. Human Acts

A. Definition:
Human act is an act which proceeds from the deliberate free will of man. In a wide sense,
it means any sort of activity, internal or external, physical or spiritual, performed by human
being. However, as used in this text, it shall be limited to those human acts which are proper
to man as man. We know that man belongs to the general category of living things as animal,
and many activities are found to be common between man and other animals in as much as
they also have senses for hearing, tasting, smelling, seeing, and feeling. Just like man, animal
also have instinct or drives to seek for something. But man is more than that, man does not
only have senses and instinct, they have intellect and will to distinguished right from wrong

60
 and this what makes man a moral being or a moral agent. Thus, those acts which are
committed or omitted by man without the use of their will or free and intellectual choice is
not construed as human acts rather they are called acts of man. Further, that those acts which
are considered acts of man in themselves can be a human act only when there is intervention
of the used of free-will. Therefore, human acts are acts of man as a rational being, but not all
acts of man are considered human act.

B. Classification of Human Acts

Human acts may be classified either in relation to the will or in relation to reason:
1. Human Acts in relation to the will:
a. Elicited acts are those human acts that are complete or adequate cause. They
begin and perfected in the human will itself such as wish, intention, consent,
election, and others. Just like when a student decided to go to work with his
assignments before going to plays with his friends his intention is a simple
will-act (elicited act).
b. Commanded acts are those which are done in relation to the dictates of reason.
They begin in the will but are perfected by other faculties under the control of
the will. Thus, when a student decided to work first with his assignments
before playing with his friends gets his books and notebooks and works with
his assignment is an example of a commanded act.
2. Human acts in relation to reason:
a.
MORALITY
• =the quality which makes an act good or evil, right or wrong.
• =

HUMAN ACTS
* actions that are done knowingly, deliberately and freely
BASES OF MORALITY
1) SOCIAL NORMS – unwritten standard of acceptable behavior in society
a) customs
b) tradition –the handling down from generation to generation of opinions and
practices.
C) culture -

2) LAWS OF SOCIETY – written rules of behavior

a) laws created by men to maintain harmony and order
3) RELIGION – a system of beliefs and practices based on faith and truths revealed to man
by God

4)CONSCIENCE – the practical judgment of reason telling us what should be done and
what should be avoided; reflection is one’s character
CHARACTER
- refers to the traits of a person shown through his thoughts, actions, values and
virtues

“Character is what you do when nobody’s looking.”

- anonymous
VALUE/S
- refer to anything that a person considers important, such as ideas or experiences
- these are one’s beliefs, principles, that are important, cherished, upheld and defended
- they affect and influence how one thinks and feel, what one perceives, shape one’s goals,
objectives and aspirations
- these influence how one resolves conflicts
- these dictate one’s lifestyle and life’s choices and decisions
VIRTUE/S
- the habit of doing what is good or right
- the opposite of which is vice
FOUR (4) MORAL/CARDINAL VIRTUES
1) PRUDENDENCE
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- the ability to make decisions by means of reason and sound judgment
- the virtue that attracts the intellect to choose the most effective means for
accomplishing what is good and avoiding what is evil

2) FORTITUDE
- firmness of mind; the courage to endure without yielding; the virtue that gives a
person strength of the will; the virtue that incites courage
Examples of Fortitude:
a) PATIENCE
- the ability to be calm in enduring situations
b) PERSEVERANCE
- the ability to go on despite obstacles
c) ENDURANCE
- the ability to last
3) TEMPERANCE
- the ability to moderate one’s instincts and emotions; the virtue that regulates a
person’s wants; also means self-control
4) JUSTICE
- the virtue that inclines the will to give to each what is due to him; the virtue that
inclines the will to respect the rights of others
MEANING OF JUSTICE
1) “To render to each his due”
2) “Treat equals equally and unequal unequally in proportion to their inequality”
THREE (3) DIVISIONS OF JUSTICE
1) COMMUTATIVE JUSTICE
- regulates those actions that involve the rights that exist between individuals
- calls for fundamental fairness in all agreements and exchanges between individuals
or private social groups
- demands respect for the equal human dignity of all persons in economic
transactions, contracts or promises
Example:
Workers owe their employers diligent work in exchange for their wages.
Likewise, employers owe their workers payment for work done.
2) DISTRIBUTIVE JUSTICE
- regulates those actions that involve the rights that an individual may claim from
society
- concerned with the fair allocation of resources among diverse members of a
community
- implies that society has a duty to the individual in serious need and all individuals
have duties to others in need
- basis for the sayings:

“Those who have less in life should have more in law.”

“From those to whom much is given, much is expected.”
3) LEGAL JUSTICE
- regulates those actions which society may justly require of the individual for the
common good
- according to legal justice, the State may institute just laws and perform such acts to
further the welfare of the community
- thus, laws are created to protect the citizens
RIGHT
- anything that is owed or due
- something to which a person has a just and lawful claim
- anything that a person can lawfully demand
HUMAN RIGHTS
- rights pertaining to the rights of man; rights inherent to man by virtue of being a
human being
- are the supreme, inherent and inalienable rights to life, dignity and to self-
development
supreme rights
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= highest form of rights
inherent rights
= rights attached to men as human
inalienable rights
= rights that cannot be transferred, cannot be borrowed and cannot be taken away
BASIC HUMAN RIGHTS
1) RIGHT TO LIFE

Exceptions:
self-defense
death under exceptional circumstances
death penalty
2) RIGHT TO LIBERTY
Exceptions:
for reasons of public health and public safety
penalty for commission of a crime
circumstances of warrantless arrests
3) RIGHT TO PROPERTY
Exceptions:
circumstances of warrantless search

by virtue of court order

BILL OF RIGHTS
- a list of individual liberties, freedom and rights which are guaranteed and protected
under Article III of the 1987 Philippine Constitution
- protection of individuals against abuses of the state
- protection of the rights of an accused
PART ii

SPECIAL ETHICS
- the study of the application of the general principles of morality
PROFESSIONAL ETHICS
- a sub-branch of special ethics
- a set of moral code to which every profession must subscribe
- aims to guide the actuations of the professional in the practice of his profession
Examples of professional ethics
1) medical ethics
2) business ethics
3) legal ethics
4) code of ethics of
teachers
5) code of ethics of
public officials
6) POLICE ETHICS
POLICE ETHICS
- a practical science that treats the principles of human morality and duty as
applied to law enforcement

PART III

PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT AND

ETHICAL STANDARDS

BRIEF HISTORICAL BACKGROUND ON THE PNP CODE OF PROFESSIONAL

CONDUCT AND ETHICAL STANDARDS
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 According to Section 37 of RA 6975, “There shall be established a performance
evaluation system which shall be administered in accordance with the rules, regulations
and standards, and a CODE OF CONDUCT promulgated by the Commission for members
of the PNP…”
NAPOLCOM RESOLUTION NO 92-4
- the resolution issued by the NAPOLCOM approving the draft of the PNP Code of
Professional Conduct and Ethical Standards by the PNP
- approved on 12 March 1992
PURPOSES OF THE CODE
1)To foster individual efficiency, behavioral discipline and organizational effectiveness, as
well as respect for constitutional and human rights of citizens, democratic principles and
ideals and the supremacy of civilian authority over the military;
2) To set the moral tone and norms of professional conduct in the police service;
3) To provide moral and ethical guidance to all PNP members; and
4) To enlighten members of the police service of what behavior is really acceptable –
to define what is permitted and what is prohibited.
LAWS RELATED TO THE PNP CODE OF PROFESSIONAL CONDUCT AND
ETHICAL STANDARDS
1)RA 3019 – the Anti-Graft and Corrupt Practices Act
2)RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees
3) RA 7080 – Anti- Plunder Act
4) People’s Law Enforcement Board (PLEB) Rules and Regulations
Definition of terms
definitions provided by various pertinent laws
NEGLECT OF DUTY OR NON-FEASANCE
- the omission or refusal, without sufficient excuse, to perform an act or duty, which it
was the peace officer’s legal obligation to perform; it implies a duty as well as its breach
and the fact can never be found in the absence of duty
IRREGULARITIES IN THE PERFORMANCE OF DUTY OR MISFEASANCE
- the improper performance of some act which might lawfully be done
MISCONDUCT OR MALFEASANCE
- the doing, either through ignorance, inattention or malice, of that which the officer
had no legal right to do at all, as where he acts without any authority whatsoever, or
exceeds, ignores, or abuses his powers
- generally means wrongful, improper or unlawful conduct, motivated by
premeditated, obstinate or intentional purpose

- usually refers to transgression of some established and definite rule of action

INCOMPETENCY
- the manifest lack of adequate ability and fitness for the satisfactory performance of
police duties
- has reference to any physical, moral or intellectual quality, the lack of which
substantially incapacitates one to perform his duties
OPPRESSION
- an act of cruelty, severity, unlawful exaction, domination, or excessive use of
authority
DISLOYALTY TO THE GOVERNMENT
- consists of abandonment or renunciation of one’s loyalty to the Government of the
Philippines, or advocating the overthrow of the government
VIOLATION OF LAW
- presupposes conviction in court of any crime or offense penalized under the Revised
Penal Code or any special law or ordinance
GOVERNMENT
- includes the national government, the local governments, the government-owned
and controlled corporations, and all other instrumentalities or agencies of the Republic of
the Philippines

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PUBLIC OFFICER
- includes elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt service receiving compensation, from the
government .
GRAFT
- the acquisition of gain or advantage by dishonest, unfair or sordid means,
especially through the abuse of one’s position or influence in politics or government
CORRUPTION
- an act done with an intent to give some advantage inconsistent with official duty
and the rights of others.
- the state of making something or someone other than what is ideal .
BRIBERY
- the act of receiving gifts or presents or accepting offers and or promises in
exchange for committing a crime that relates to the exercise of the office which the
public officer discharges
DISHONESTY
- concealment or distortion of truth in a matter of fact relevant to one’s office or
connected with the performance of his duties
COMMAND
- the authority a person lawfully exercises over subordinates by virtue of rank or
assignment or position
RESPONSIBILITY
- the obligation to perform one’s duties and functions and his accountability for his
actions

COMMAND RESPONSIBILITY

- the doctrine that imposes commensurate accountability to one who is vested with
authority to exercise management and/or leadership functions
LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve mankind; to

safeguard life and property; to protect the innocent against deception; weak against
oppression or intimidation; and the peaceful against violence or disorder; and to respect
the constitutional rights of all men, to liberty, equality and justice.
I will keep my private life unsullied as an example to all; maintain courageous calm
in the face of danger, scorn or ridicule; develop self-restraint and be constantly mindful of
the welfare of others. Honest in thought and deed in both my personal and official life, I
will be exemplary in obeying the laws of the land and regulations of my organization.
Whatever I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in the performance of my
duty.

I will never act officiously or permit personal feelings, prejudices, animosities or

friendship to influence my decision, with no compromise for crime and with relentless
prosecution of criminals. I will enforce the law courteously and appropriately without fear
or favor, malice or ill-will, never employing unnecessary force or violence and never
accepting gratuities in return.
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. I will never engage
in acts of corruption or bribery, nor will I condone such acts by other police officers. I will
cooperate with all legally authorized agencies and their representatives in the pursuit of
justice.
I know that I alone am responsible for my own standard of professional
performance and will take every reasonable opportunity to enhance and improve my level
of knowledge and competence. I will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen profession... law enforcement.
CANONS OF POLICE ETHICS
1) Primordial Police Responsibility
2) Limitation of Police Authority
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3) Knowledge of the Lawand other Responsibilities
4) Use of Proper Means to Obtain Proper Ends
5) Cooperation with Public Officials
6) Proper Conduct and Behavior
7) Conduct Towards the Community
8) Conduct in Arresting Law Violators
9) Firmness in Refusing Gifts
10) Impartial Presentation of Evidence
11) Attitude Towards Police Profession
Primordial Police Responsibility
primordial = primary
- the primary responsibility of the police is CRIME PREVENTION
Limitation of Police Authority
- laws set limits to the authority of the police in the performance of their functions
- police officers are not exempted from obeying the law they are enforcing
Knowledge of the Law and other Responsibilities
- police officers must know and understand the laws they are enforcing
- police officers must know the relationship of the PNP with other law enforcement agencies
Use of Proper Means to Obtain Ends
Means = ways; manner
Ends = goals; objectives
- police officers must use lawful methods in performing their official duties and functions
Proper Conduct and Behavior
- police officers must be careful with what they say and what they do at all times,
whether in their personal lives or official capacity
Conduct in Arresting Law Violators
- police officers must always abide by the rules and prescribed procedures in making lawful
arrests
Firmness in Refusing Gifts or Favors
- police officers must NEVER ASK for, and NEVER ACCEPT, gifts or favors in exchange
for their help or assistance to avoid misinterpretation
Impartial Presentation of Evidence
impartial = fair
- police officers must present all evidence, whether the evidence proves the innocence
or guilt of the suspect
Attitude Towards Police Profession
- police officers must have a high regard and respect for the police profession
- police officers must strive to improve their knowledge and skill in order to serve the
community the best possible way they can
PROFESSIONAL POLICE PRINCIPLES
1)Prevention of Crime and Disorder
2)Cooperation of the Community
3)Unreasonable Force Reduce Community Cooperation
4)Use of Reasonable Force when Persuasion is not Sufficient
5)Impartial Enforcement of Laws
6)The Community are the
Police
7)Police should not
Judicial Power
8)Rules of Engagement
Impartially Observed
9)Reduction of Crime
and Disorder
10) Police Discretion
Prevention of Crime and Disorder
- it is the primordial responsibility of the police
- it is the primary objective of the police organization
Cooperation of the Community
- the ability of the police to perform their duty is dependent upon community support

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- the police must secure the respect and trust of the community in order to gain their
support
Unreasonable Force Reduces Community Cooperation
- police officers must not abuse their authority because it affects the attitude and
opinions of the community towards them, which in turn affects their desire to cooperate
Use of Reasonable Force when Persuasion is not Sufficient
- police officers are allowed to use force when dialogue is no longer effective, but the
kind or degree of force must be REASONABLE
Impartial Enforcement of Laws
- police officers must enforce the law equally to all persons, without regard to social
status

- the law should apply to all

Police Should not Usurp Judicial Power
usurp = take on, assume
judicial power = the authority to judge and impose penalty
- police officers have no authority to decide if the suspect is guilty or not, and cannot
impose the penalty that they want
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 presence and action in dealing with the community
Rules of Engagement Impartially Observed
- police officers must always abide by the prescribed procedures in conducting police
operations
ABUSE OF DISCRETION
- the use of discretion in such a way as to deprive a person of his right
- police officers must NEVER ABUSE POLICE DISCRETION granted to them
POLICE DISCRETION
- the act or the liberty to decide according to the principles of justice and the police
officer’s ideas of what is right and proper under the circumstances
pnp
core values
1) Love of God
2)Respect for Authority
3)Selfless Love and
Service to People
4)Sanctity of Marriage and Respect for Women
5)Responsible Dominion and Stewardship over
Material Things
7) Truthfulness
POLICE OFFICER’S CREED
I believe in God, the Supreme Being, a Great Provider, and the Creator of all men
and everything dear to me. In return, I cannot less than love Him above all, seek His
guidance in the performance of my sworn duties and honor Him at all times.
I believe that respect for authority is a duty. I respect and uphold the Constitution,
the laws of the land and the applicable rules and regulations. I recognize the legitimacy
and authority of the leadership, and follow and obey legal orders of my superior officers.
I believe in selfless love and service to people. Towards this end, I commit myself to
the service of my fellowmen over and above my personal convenience.
I believe in the sanctity of marriage and respect for women. I shall set the example
of decency and morality and shall have high regard for family life and chastity.
I believe in responsible dominion and stewardship over material things. I shall
inhibit myself from ostentatious display of my property. I shall protect the environment
and conserve nature to maintain ecological balance. I shall respect private and public
properties and prevent others from destroying them.
I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the
truth at all times as required by the profession.

PNP STAND ON BASIC ISSUES

1) PNP Image – PNP members shall possess the following virtues:
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 a) HONOR
b) INTEGRITY
c) VALOR
d) JUSTICE
e) HONESTY
f) HUMILITY
g) CHARITY
h) LOYALTY TO SERVICE
2) Career Management: the Key in Professionalism
3) Police Management
Leadership
4) Delicadeza
5) Equality in the
Service
6) Police Lifestyle
7) Political Patronage
8) Human Rights
Career Management, the Key to Professionalism
- the PNP recognizes the need to have proper and strict policies regarding recruitment,
training, assignment, promotion, awards, discipline and retirement to ensure sound
administration and to look after the welfare of its members
Police Management Leadership
- the effectiveness of law enforcement is reflective of the managerial capabilities and
competent leadership of the men and women who run the PNP organization
Equality in the Service
- all police officers shall have equal opportunities for improvement and career
advancement based on merit

Delicadeza
-sense of pride and self-worth
- police officers must be able to sacrifice self-interest in the name of duty
- police officers must not do anything that would bring dishonor to himself and to the PNP
organization itself
Police Lifestyle
- police officers must live a simple, yet credible and dignified life, free from greed,
corruption and exploitation
- police officers must set a good example
Political Patronage
- police officers must NEVER ASK for recommendations from public officials in
matters pertaining to promotion, assignment, awards and others

POLICE PROFESSIONAL CONDUCT

1) Commitment to Democracy
2) Commitment to Public Interest
3) Non-Partisanship
4) Physical Fitness and Health
5) Secrecy Discipline
6) Social Awareness
7) Proper Care and Use
of Public Property
8) Non-Solicitation of
Patronage
9) Respect for Human Rights
10) Devotion to Duty
11) Conservation of Natural Resources
12) Discipline
13) Loyalty
14) Obedience to Superior
15) Command Responsibility

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Commitment to Democracy
- police officers must never forget that they are public servants and they must at all
times uphold the Constitution and be loyal to the country, the people and the PNP
organization
Commitment to Public Interest
public interest =
for the good of the people or community
- police officers must always uphold public interest over and above personal interests
- police officers must respect the fact that their resources are funded by taxpayers’ money
and should therefore be used wisely and economically to avoid wastage of public funds
Non-Partisanship
- police officers must not be identified with any particular political party or figure
-they must extend their assistance to all regardless of party affiliation
Secrecy Discipline
- police officers must guard the confidentiality of all official information and all matters
relating to the official function of the police organization
- disclosure must always be authorized
Devotion to Duty
- police officers must perform their duties with dedication, thoroughness, efficiency,
enthusiasm, determination and manifest concern for public welfare
Discipline
- police officers must act and behave according to the rules and regulations of the
organization at all times
Loyalty
- police officers must be loyal to the Constitution and to the police service, as
manifested by their loyalty to their superiors, peers and subordinates
Obedience to Superiors
- police officers must obey lawful orders of their superiors
- police officers must always be courteous to superiors and other appropriate authorities
within the chain of command
POLICE
ETHICAL STANDARDS
ETHICAL STANDARDS
- refer to established and generally accepted moral values and ethical acts
1) Morality
2) Judicious Use of
Authority
3) Justice
4) Humility
5) Orderliness
6) Perseverance
7) Integrity
Morality
- police officers must adhere to high standard of morality and decency and shall set good
examples for others to follow
- they must not be involved with illegal activities
- they shall be loyal to their spouses
Judicious Use of Authority
judicious = wise; proper
- police officers must exercise proper and legitimate use of authority in the performance of
duty
Integrity
- police officers must not allow themselves to be victims of corruption and dishonest
practices in accordance with applicable laws
Humility
- police officers must never forget that they are public servants and not masters of the
people
- they should perform their duties without arrogance

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Orderliness
- police officers must follow logical procedures in accomplishing tasks to minimize
waste of time, money, effort and other resources
Perseverance
- police officers must exert all efforts to achieve their goal or mission even in the face
of difficulties and obstacles
POLICE CUSTOMS AND TRADITIONS
CUSTOMS
- rules of conduct formed by repetition of acts, uniformly practiced as social rules
- established usages or social practices carried on by tradition that have
obtained the force of law
POLICE CUSTOMS ON COURTESY
COURTESY
- a manifestation or expression of consideration and respect
SALUTE
- the usual greeting rendered by uniformed members in recognizing persons entitled
to a salute
SALUTE TO NATIONAL COLOR AND STANDARD
- refers to the Philippine Flag
ADDRESS OR TITLE
- PNP members who are junior in rank must address senior members with
SIR/MA’AM
COURTESY CALL
- when a police officer appears before a superior officer as a sign of respect and in
acknowledgment of the latter’s authority or position
COURTESY CALLS
1) Courtesy call of newly-assigned or newly-appointed members
2) Christmas Call
3) New Year’s Call
4) Promotion Call
5) Exit Call
6) Courtesy of the Post
Police customs on ceremonies
CEREMONY
- a formal act or set of formal acts established by customs or authority as proper for
special occasions
1) Flag Raising
Ceremony
2) Flag Retreat
Ceremony
3) Half-Mast
4) Funeral Service
and Honors
5) Ceremony Tendered
to Retiree
6) Honor Ceremony
7) Turn-Over Ceremony
8) Wedding Ceremony
9) Anniversary
POLICE CUSTOMS ON SOCIAL DECORUM
SOCIAL DECORUM
- a set of norms and standards practiced by police officers during social and other
functions
1) Proper Attire
- wearing of
prescribed uniform
- wearing, as part of uniform, awards and decorations earned in accordance with the
prescribed rules and regulations
- adherence to haircut prescribed by rules and regulations
- manner of walking:
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 police officers are expected to walk with pride and dignity
Other police customs
1) Visiting the Sick
2) Survivor Assistance to Heirs of Deceased Members
3) Visiting Religious Leaders
4) Athletics
5) Happy Hours
- informal get-together at the PNP Club
- usually on Friday, or any other day suitable for the occasion
RANK-HAS-ITS-OWN-PRIVILEGE
- the practice where different ranks carry with them corresponding privileges
POLICE TRADITIONS
TRADITIONS
- bodies of beliefs, stories, customs and usages handed down from generation to
generation with the effect of an unwritten law
POLICE TRADITIONS
1) Spiritual beliefs
PNP members are traditionally religious and God-loving person
2) Valor
= courage or bravery
3) Patriotism
= love of one’s country
4) Discipline
= instinctive obedience to lawful orders and spontaneous actions guided by ethical and
legal norms
5) Gentlemanliness
= being upright in character, gentle in manners, dignified in appearance and sincere
in their concern for others
6) Word of Honor
=commitment to one’s pledge or promise
7) Duty
PNP members have exemplified themselves as dedicated public servants
8) Loyalty
= commitment to PNP organization, to the country and to the people
9) Camaraderie
= the binding spirit that enhances teamwork; sense of brotherhood
POLICE OFFICER’S PLEDGE
1) I will love and serve God, my country and people;
2) I will uphold the Constitution and obey legal orders of the duly-constituted
authorities

3) I will oblige myself to maintain a high standard of morality and professionalism

4) I will respect the customs and traditions of the police service; and
5) I will live a decent and virtuous life and to serve as an example to others.
PNP ETHICS DAY
- celebrated yearly on 7 January
- started on 7 January 1995 and celebrated every year thereafter

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