Cle Reviewer
Cle Reviewer
Cle Reviewer
-A person is required before he holds himself out to the public as criminologist to pass an
examination given by the Board of Examiners for Criminologists.
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4. Forensic Science
A. Forensic Photography
B. Personal Identification Techniques
C. Forensic chemistry and toxicology
D. Questioned documents examination
E. Lie detection techniques
F. Forensic ballistics
5. Correctional administration
A. Institutional Corrections
B. Non institutional correction
C. Therapeutic Modalities
6. Criminology
a. Introduction to Criminology
b. Criminological Research and Statistics
2
Law Enforcement Administration
Police - one of the pillars of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
- comes from Latin "politia"-civil administration which itself derives from the ancient Greek
police "city"
Police Organization - a group of trained personnel in the field of public safety administration
engaged in the achievement of goals and objectives that promotes the maintenance of peace
and order, protection of life and property, enforcement of the laws and the prevention of crimes.
Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.
Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.
Supervision - means the act of watching over the work or tasks of the members of the
organization to ensure that desired results are achieved.
Management - the process of directing and facilitating the work of people organized in formal
groups in order to achieve objectives. Judicious or wise use of resources (manpower,
material,money,equipment,
supplies and time).
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Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience
upward, through the department.
Authority - the right to command and control the behavior of employees in lower positions
within an organizational hierarchy. Must be viewed in terms of prescribed roles rather than of
individuals.
A particular position within the organization. Carries the same regardless of who occupies that
position.
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting
* Division of work - work specialization can increase efficiency with the same amount of effort.
* Authority and Responsibility- authority includes the right to command and the power to
require obedience. One can not have authority without responsibility.
* Discipline - necessary for an organization to function effectively, however, the state of the
disciplinary process depends upon the quality of its leaders.
* Unity of Command - subordinate should receive orders from one superior only.
* Scalar Chain - the hierarchy of authority is the order of ranks from the highest to the lowest
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levels of the organization. Shows the vertical hierarchy of the organization which defines an
unbroken chain of units from top to bottom describing explicitly the flow of authority.
1. Functional Units
Bureau - the largest organic functional unit within a large department; comprised of several
divisions.
Unit - functional group within a section or the smallest functional group within an
organization.
2. Territorial Units
Route - a length of streets designated for patrol purpose, also called line beat.
District - a geographical subdivision of a city for patrol purposes, usually with its own station.
Area - a section or territorial division of a large city each comprised of designated districts.
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ORIGIN OF THE WORD “POLICE”
POLICE – French word which was later adopted by the English language
2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.
1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests, throwing offenders in detention
facilities rather than
trying to prevent them from committing crimes
2. MODERN CONCEPT
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- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.
1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
city), which had the primary task of firefighting and
policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
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other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.
1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
replaced by his blind brother, John Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in
London England, called the Metropolitan Police
Service.
- this law was passed through the initiative of Sir
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Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service
is the Scotland Yard, now known as the New
Scotland Yard
AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his contributions
in the development of the field of criminal justice in the US
- author of the book, Police Administration, which
served as the basic guide in the administration of the
police organization in the US
- was the first police chief of Berkeley, California.
Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.
Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.
Col. Lambert Javalera - the first chief of police of the Manila Police Department after the
Philippine Independence from the United States of America in 1946
Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.
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HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT
OF
1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF
1998 and RA 9708
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supervision over local governments;
2. Advise the President in the promulgation of policies,
rules, regulations and other issuances on the general
supervision over local governments and on public
order and safety;
3. Establish and prescribe rules, regulations and other
issuance's implementing laws on public order and
safety, the general supervision over local
governments and the promotion of local autonomy
and community empowerment and monitor compliance
thereof;
4. Provide assistance towards legislation regarding local
governments, law enforcement and public safety;
Establish and prescribe plans, policies, programs and
projects to promote peace and order, ensure public
safety and further strengthen the administrative,
technical and fiscal capabilities of local government
offices and personnel;
5. Formulate plans, policies and programs which will meet
local emergencies arising from natural and man-made
disasters; Establish a system of coordination and
cooperation among the citizenry, local executives and
the Department, to ensure effective and efficient
delivery of basic services to the public;
6. Organize, train and equip primarily for the
performance of police functions, a police force that
is national in scope and civilian in character.
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- an agency attached to the DILG for policy
coordination
- shall exercise administrative control and
operational supervision over the PNP.
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5. Approve or modify plans and programs on education
and training, logistical requirements, communications,
records,information systems, crime laboratory, crime
prevention and crime reporting;
6. Affirm, reverse or modify, through the National
Appellate Board, personnel administrative actions
involving the demotion or dismissal from the service
imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
7. Exercise appellate jurisdiction through the Regional
Appellate Boards, over administrative cases against
policemen and over decisions on claims for police
benefits;
8. Prescribe minimum standards for arms, equipment,
and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks,
awards, medals of honor;
9. Issue subpoena and subpoena duces tecum in
matters pertaining to the discharge of its own
powers and duties,and designate who among its
personnel can issue processes and administer oaths
in connection therewith;
10. Inspect and assess the compliance of the PNP on
the established criteria for manpower allocation,
distribution and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
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report of its activities and accomplishments during the
thirty (30)days after the end of the calendar year,
which shall include an appraisal of the conditions
obtaining in the organization and administration of
police agencies in the municipalities, cities and
provinces throughout the country, and
recommendations for appropriate remedial
legislations;
COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years
without reappointment or extension
* three of the four regular commissioners shall come
from civilian sector and not former members of the
police or military
* the fourth regular commissioner shall come from the
law enforcement sector either active or retired
* at least one (1) of the four regular commissioners
shall be a woman
* from among the three regular commissioners from
the civilian sector, the Vice Chairperson shall be
chosen
* the Vice Chairperson shall act as the Executive
Officer of the Commission
* refer to the organizational structure of the
NAPOLCOM
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Important dates in the history of modern Philippine Policing
1901 - ACT no. 175 of the Philippine Commission established the Philippine constabulary
on august 8, 1901.
1905 - the Philippine constabulary school was established at the sta.lucia barracks in
Intramuros on February 17, 1905.
1908 - the Philippine constabulary school was transferred to Baguio City.
1916 - the Philippine constabulary school was renamed academy for officers of the
Philippine constabulary.
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province,
became the first Filipino chief of the Philippine constabulary.
1926 - the academy for officers of the Philippine constabulary was renamed Philippine
Constabulary Academy.
1936 - the Philippine Constabulary Academy became the present day Philippine Military
Academy.
1938 - The Philippine Constabulary became the existing and organized national police
force of the country pursuant to commonwealth act no. 343 dated June 23, 1938 and EO no.
389 dated December 23, 1950. This decree integrated local police forces into the Philippines
constabulary operational and organizational set up.
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the
Police Commission (POLCOM).
1972 - The POLCOM was reorganized as the National Police Commission.
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. The
Integrated National Police was established with the Philippine Constabulary as nucleus under
the Department of national Defense. The NAPOLCOM, originally under the office of the
President was transferred to the Ministry of National defense.
1985 - The National Police Commission was returned to the office of the President
pursuant to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the
command, supervision and control of the President. This order vested the NAPOLCOM with
the powers of administrative control and supervision over the Integrated National Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National
Police under a reorganized Department of the Interior and Local Government (DILG). A new
National Police Commission was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as
the Philippine National Police reform and reorganization act of 1998. This act strengthened
and expanded NAPOLCOM,s authority over the PNP to include administration of police
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entrance examination and conduct pre-charge investigation against police anomalies and
irregularities and summary dismissal of erring police members.
2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line
functions and assist in the performance of the line
functions
- examples of the staff functions of the police are
planning, research, budgeting and legal advice
3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the
organization
- examples are training, communication, maintenance,
records management, supplies and equipment management
1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice
control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records
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management,supplies.
ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions,departments and
functions or work of the organization
- it is comprised of functions, relationships,
responsibilities and authorities of individuals within
the organization
1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the
highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l
level of authority before it can be carried out
- involves few departments
2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who
are all accountable to the authority above.
ORGANIZATIONAL PRINCIPLES
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particular organization
- the right to exercise, to decide and to command
by virtue of rank and position
2. MUTUAL COOPERATION
- an organization exists because it serves a
purpose.
3. DOCTRINE
- provides for the organization’s objectives
- provides the various actions, hence, policies,
procedures, rules and regulations of the org.
are based on the statement of doctrines
4. DISCIPLINE
- comprising behavioral regulations
2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise
3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior
position to a lower-level position.
4. HIERARCHY OF AUTHORITY
- the relationship between superiors and
subordinates
- serves as the framework for the flow of authority
downward and obedience upward through the
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department
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom
on the basis of rank or position and authority.
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.
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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/Cuardillo – this was a body of rural police 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 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
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ACT NO 175 – entitled “An Act Providing for the
Organization and Government of an Insular Constabulary”,enacted on July 18, 1901.
Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of the
Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.
ACT NO 183 - created the Manila Police Department, enacted on July 31, 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).
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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; issued on July 10, 1985
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.
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereof,amending for the purpose pertinent provisions of RA 6975 and RA 8551 and for other
purposes.
22
Active Security Measures
1. Physical Barriers
2. Security lighting
3. Vaults
4. Locks
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government entities.
24
Person - shall include not only natural persons but also juridical
persons such as corporation, partnership, company or association duly
registered with the Securities and Exchange Commission.
Exception:
1. Escort duties
2. Hot pursuit of criminal offenders
Private Detective - is any person who does detective work for hire,
reward or commission, other than members of the Armed Forces of the
Philippines, guards of the Bureau of Jail Management and Penology,
municipal or city jail guards, and members of the Philippine National
Police or of any other law enforcement agency of the government.
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7. Must not be convicted of any crime involving moral turpitude
Notes:
1. All person used in a private detective work must be licensed
2. All person employed solely for clerical or manual work need
no private detective license.
3. License (LTO) shall be displayed at all times in a conspicuous
and suitable place in the agency office or headquarters of
the agency and shall be exhibited at the request of any person
whose jurisdiction is in relation with the business of the
agency or the employees thereof, or of the Chief of the PNP
or his duly authorized representative or any peace officer.
4. The PNP shall exercise general supervision over the operation
of all private detective and privated detective agency.
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1. Must be a Filipino citizen
2. Must be a high school graduate
3. Must be physically and mentally fit
4. Must not be less than 21 nor more than 50 years of age
5. Must be at least 5 feet and 4 inches in height (RA 5487)
6. Must not be suffering from any of the ff: disqualifications
a. Dishonorably discharged or separated from the AFP
b. Mental incompetent
c. Addicted to the use of narcotic drug or drugs
d. Habitual drunkard
7. Must have undergone a pre-licensing training course
8. Must not be convicted of any crime involving moral turpitude
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Limitations/Disqualification/Prohibitions In Organizing A
Security Agency
1. Security Agency must be 100% Filipino owned
2. No person shall organize or have an interest in, more than
security agency
3. No agency shall offer, render or accept services in gambling
dens or other illegal business establishments or enterprises.
4. Must not be an elective or appointive government employees
who may be called upon on account of the functions of their
respective offices in the implementation and enforcement of
the Private Security Agency Law and any person related to
such government employees by affinity or consanguinity in
the third civil degree shall not hold any interest, directly
or indirectly in any security guard or watchman agency.
5. The extent of the security guard service being furnished by
the security agency shall not go beyond the compound and/or
property of the person or establishment contracting the
security service except when the security guards is
escorting big amount of money or valuables.
6. Main Office - All agencies shall maintain a main office in
their registered addresses.
Moribund - (dying)(stagnant)(obsolescent) in
terminal decline; lacking vitality or vigour.
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and shall submit an authenticated machine copy of
the following documents:
a) License to Operate
b) License of the FA’s to be issued
c) List of the officers and security guards
d) Appointment Order of Branch/Detachment
Manager (if any)
8. All applicants for license to operate shall be required to
attend a private security agency/company guard force
operators and management seminar/workshop.
9. Prohibition on “KABIT SYSTEM” operators
1. No licensed security agency shall operate, promote
and enter into an agreement of “merger“
(kabit system) with any person or a group of persons
for the purpose of organizing a branch unit or
subsidiary under separate control and ownership.
Merger of security and detective agencies shall not
be recognized without prior approval from the SEC
with respect to their Articles of Incorporation and
the DTI, with regards their business name.
2. Any of the following circumstances or a combination
thereof shall be considered prima-facie evidence
of the existence of “Kabit System”.
a) Maintaining a separate branch, unit or
subsidiary office aside from the main office
of the agency situated within the same locality
b) Receiving direct payments from the agency’s
clientele and issuing officials receipt of
their own distinct from that issued by the
agency concerned
c) Remitting directly Social Security System
premiums, Medicare contributions and other
premium for other policy insurance benefits
d) Existence of an agreement between the licensee
and a branch manager thereof, whereby the
latter obligates himself to pay a certain
percentage of his income to the former on the
condition that the control and supervision of
the guards posted by said branch shall course
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on the manager thereof and that the licensee
shall be exempt from liabilities/ obligations
attendant to the operation of said branch.
e) Keeping/maintaining separate payrolls for the
branch employees signed and/or approved by
the branch manager only
f) Absence of record of monthly income remittances
to the main office when said branch is
authorized to make collections from the clients
of the licensee
g) All other similar acts tending to show separate
and distinct relationship/personality/
ownership/ management.
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Private Security Industry – shall cover those in the legitimate
business of providing private security and detective services.
31
Three Major Areas of Security
1. Physical Security - this concern with the physical measures
adopted to prevent unauthorized access to equipment, facilities,
material and document and to safeguard them against espionage,
damage, loss and theft
2. Personnel Security - this is as important as physical security.
Personnel security starts even before the hiring of an employee
and remains to be maintained for as long as the person is employed.
Its purpose is to insure that a firm hires those best suited to
assist the firm in achieving its goals and objectives and once
hired assist in providing necessary security to the work force
while carrying out their functions
3. Document and Information Security - this involves the protection
of documents as classified papers from loss, access by unauthorized
persons, damage, theft and compromise through disclosure
Two Instances When the Chief PNP may deputize any security guard
to assist the PNP in the performance of police duties.
1. In case of emergency
2. In times of disaster or calamities
Types of Security
1. Industrial Security - a type of security applied to business
groups engaged in industries like manufacturing, assembling,
research and development, processing, warehousing and even
agriculture. It may also mean the business of providing security.
2. Hotel Security- a type of security applied to hotels where its
properties are protected from pilferage, loss damage and the
function in the hotel restaurants are not disturbed and troubled
by outsiders or the guest themselves. This type of security
employs house detectives, uniforms guard and supervisor and
insures that hotel guests and their personal effects are safeguarded.
3. Bank Security- this type of security is concern with the bank
operations.
4. VIP Security- a type of security applied for the protection of
top-ranking officials of the government or private entity,
visiting persons of illustrious standing and foreign dignitaries.
5. School Security- a type of security that is concern with the
32
protection of the students, faculty members, and school properties.
6. Supermarket or Mall Security- a type of security which is concern
with the protection of the stores, warehouses, storage, its
immediate premises and properties as well as the supermarket
personnel and customers. Security personnel are trained to detect
shoplifter, robbery, and bomb detection and customer relation.
7. Other Types- this includes all other security matters not covered
in the above enumeration.
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C. Police Patrol Operations with Police Communication System
Bow Street Patrols - a small body of police in London who had been organized in the mid-18th
century by the novelist and magistrate Henry Fielding and his half brother, Sir John Fielding.
Egypt - the first policing organization was created in about 3000 BC.
New York Police - The first police department in the United States, it was established in 1844 and
it was officially organized in 1845.
34
Patrol As A Function
1. Constant Movement
2. Prevent/deter crime
3. Eliminate opportunity for crime
Patrol Method
1. Foot Patrol
2. Motorcycle Patrol
3. Motorized Patrol
4. Bike Patrol
5. Horse Patrol
6. Aircraft Patrol
7. Watercraft Patrol
Patrol Supervision
1. Hands on - supervisor involved in day to day activities.
2. Command - supervisor shows up at incident sites and gives
orders
3. Counsel - supervisor available and when requested shows
up at incident sites.
35
Patrol Techniques
1. Routine Patrol
2. Directed Patrol
3. D-Runs
4. Saturation Patrol
5. Split Force
6. Suspect-Oriented Patrol
36
catering to the public opinion but by constantly demonstrating
absolute impartial service to the law.
Principle 6 - Police use physical force to the extent necessary
to secure observance of the law or to restore order only when
the exercise of persuasion, advice and warning is found to be
insufficient.
Principle 7 - Police, at all times, should maintain a relationship
with the public that gives reality to the historic tradition that
the police are the public and the public are the police; the
police being only members of the public who are paid to give
full-time attention to duties which are incumbent on every citizen
in the interests of community welfare and existence.”
Principle 8 - Police should always direct their action strictly
towards their functions and never appear to usurp the powers of
the judiciary.
Principle 9 - The test of police efficiency is the absence of
crime and disorder, not the visible evidence of police action
in dealing with it.
Police Operations
1. Patrol - 50 % Of Force - 80 % Of Budget
2. Criminal Investigation (Detectives) - Solve 20 % Of Cases Solved
In Depth case screening
3. Traffic
4. Support/Special Services
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Police Territorial Units
1. Post - a fixed point or location to which an officer is
assigned for duty, such as a designated desk or office or
an intersection or cross walk from traffic duty.It is a spot
location for general guard duty.
2. Route -a length of streets designated for patrol purposes.
It is also called Line Beat.
3. Beat - an area assigned for patrol purposes, whether foot
or motorized.
4. Sector - an area containing two or more beats, routes, or post.
5. District-a geographical subdivision of a city for patrol
purposes, usually with its own station.
6. Area- a section or territorial division of a large city each
comprised of designated districts.
Robert Peel - established the Metropolitan Police Force for London based
at Scotland Yard in 1929. Father of modern policing system.
38
4. Organized Crime
5. Community Services
6. Crime analysis
7. Domestic Violence
8. Sex Crimes
9. Internal Affairs
10.Crime Prevention
11.Juvenile & School Service
12.Intelligence
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D. Comparative Police System
Comparative Police System Reviewer
Members Aseanapol
1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
6. Brunei Darussalam
7. Vietnam
8. Laos PDR
9. Myanmar
10.Cambodia
40
2. Armenia - Name of Police Agency - Police of the Republic of Armenia
Under What Department - Ministry of Defense
Highest Ranking Officer - Police Colonel General
Lowest Ranking Officer - Junior Sergeant
3. Azerbaijan - Name of Police Agency - National Police of the Republic of
Azerbaijan
Under What Department - Ministry of the Internal Affairs
Highest Ranking Officer -
Lowest Ranking Officer -
4. Bahrain - Name of Police Agency - Bahrain National Police
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -
5. Bangladesh - Name of Police Agency - Bangladesh Police
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Constable
6. Bhutan - Name of Police Agency - Royal Bhutan Police
Under What Department - Ministry of Home and Cultural Affairs
Highest Ranking Officer - Gagpeon (Chief of Police)
Lowest Ranking Officer - Gagpa
7. Brunei - Name of Police Agency - Royal Brunei Police Force
Under What Department - Home Affairs Ministry
Highest Ranking Officer -
Lowest Ranking Officer - Constable
8. Myanmar - Name of Police Agency - Myanmar Police Force
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Police Major General
Lowest Ranking Officer - Private
9. Cambodia - Name of Police Agency - Cambodian Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Brigadier General
Lowest Ranking Officer - Officer Cadet
10.Peoples Republic of China - Name of Police Agency - Peoples Armed
Police Force
Under What Department - Ministry of Public Security
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Constable 2nd Class
11.Cyprus - Name of Police Agency - Cyprus Police Force
41
Under What Department - Ministry of Justice
Highest Ranking Officer - Chief of Police
Lowest Ranking Officer - Constable
12.East Timor - Name of Police Agency - National Police of East Timor
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer -
Lowest Ranking Officer -
13.Georgia - Name of Police Agency - Georgian National Police
Under What Department - Department of Public Safety
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Constable
14.Hongkong - Name of Police Agency - Hongkong Police Force
Under What Department - Operations and Support
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Constable
15.India - Name of Police Agency - Indian Police Service
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Commissioner
Lowest Ranking Officer -
16.Indonesia - Name of Police Agency - Indonesian National Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Police General
Lowest Ranking Officer - 2nd Bhayangkar
17.Iran - Name of Police Agency - Iranian National Police
Under What Department - Ministry of Interior and Justice
Highest Ranking Officer -
Lowest Ranking Officer -
18.Iraq - Name of Police Agency - Iraqi Police Service
Under What Department - Ministry of Interior
Highest Ranking Officer - Chief of Police
Lowest Ranking Officer - Patrolman
19.Israel - Name of Police Agency - Israeli Police Force
Under What Department - Ministry of Internal Security
Highest Ranking Officer - Commissioner
Lowest Ranking Officer - Constable
20.Japan - Name of Police Agency - National Police Agency
Under What Department - National Public Safety Commission
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Police Officer
42
21.Jordan - Name of Police Agency - Public security Force
Under What Department - Public Security Directorate of
the Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -
22.Kazakhstan - Name of Police Agency - National Police of Kazakhstan
Under What Department - National Security Committee of
Ministry of internal Affairs
Highest Ranking Officer - Procurator General
Lowest Ranking Officer - Ryadovoy
23.North Korea - Name of Police Agency - National Police Agency
Under What Department - Ministry of Public Security
Highest Ranking Officer - Daewon (Grand Marshall)
Lowest Ranking Officer - Chonsa (Private)
24.South Korea - Name of Police Agency - Korea National Police Agency (KNPA)
Under What Department - Ministry of Government Administration
and Home Affairs
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Police Officer
25.Kuwait - Name of Police Agency - Kuwait National Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Lieutenant General
Lowest Ranking Officer - Constable
26.Kyrgyzstan - Name of Police Agency - Kyrgyzstan Police
Under What Department - Ministry of Interior
Highest Ranking Officer - General
Lowest Ranking Officer - Police Officer
27.Laos - Name of Police Agency - Laos National Police
Under What Department - Ministry of Public Security
Highest Ranking Officer - General
Lowest Ranking Officer - Constable
28.Lebanon - Name of Police Agency - International Security Forces
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Gendarme
29.Macau - Name of Police Agency - Macau National Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Superintendent
Lowest Ranking Officer - Guard
43
30.Malaysia - Name of Police Agency - Royal Malaysian Police
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Constable
31.Maldives - Name of Police Agency - Maldives Police
Under What Department - National Security and Defense Branch
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Lance Constable
32.Mongolia - Name of Police Agency - Mongolia Public Security Force
Under What Department - Ministry of Justice and Home Affairs
Highest Ranking Officer - General
Lowest Ranking Officer - Private
33.Nepal - Name of Police Agency - Nepal Police Force
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General
Lowest Ranking Officer - Constable
34.Oman - Name of Police Agency - Royal Oman Police
Under What Department - Ministry of Interior
Highest Ranking Officer - Lieutenant General
Lowest Ranking Officer - Conscript
35.Pakistan - Name of Police Agency - Pakistan Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Inspector General
Lowest Ranking Officer - Constable
36.Papua New Guinea - Name of Police Agency - Royal Papua New Guinea
Constabulary
Under What Department -
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Kiap (Patrol Officer)
37.Philippines - Name of Police Agency - Philippine National Police
Under What Department - Department of Interior and
Local Government
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Officer 1
38.Qatar - Name of Police Agency - Qatar National Police
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer - Shurti
39.Russia - Name of Police Agency - Militsiya
44
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Police Colonel
Lowest Ranking Officer - Police Cadet
40.Saudi Arabia - Name of Police Agency - Departmemnt of Security
Under What Department -
Highest Ranking Officer -
Lowest Ranking Officer -
41.Singapore - Name of Police Agency - Singapore Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Police Constable
42.Sri Lanka - Name of Police Agency - Sri Lanka Police Service
Under What Department - Defense Ministry
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Police Constable Class 4
43.Syria - Name of Police Agency - Syria Public Security Police
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Private
44.Taiwan - Name of Police Agency - National Police Agency
Under What Department - Ministry of Interior
Highest Ranking Officer - Police Supervisor General
Lowest Ranking Officer - Police Rank 4
45.Thailand - Name of Police Agency - Royal Thai Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Police General
Lowest Ranking Officer - Constable
46.Turkey - Name of Police Agency - Turkish Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Officer\
47.Turkmenistan - Name of Police Agency - Turkmenistan National Police
Force
Under What Department - Ministry of State Security
Highest Ranking Officer -
Lowest Ranking Officer -
48.UAE Dubai - Name of Police Agency - National Police Forces
Under What Department - Ministry of Interior
Highest Ranking Officer - General Commander
45
Lowest Ranking Officer -
49.Uzbekistan - Name of Police Agency - Uzbekistan Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Constable
50.Vietnam - Name of Police Agency - Peoples Police of Vietnam
Under What Department - Ministry of Public Security
Highest Ranking Officer - General
Lowest Ranking Officer -
51.Yemen - Name of Police Agency - Yemen National Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -
46
Economic or migration theory - is that crime everywhere is
the result of unrestrained migration and over population in
urban areas such as ghettos and slums.
47
Countries With Less Or No Crime
1. Switzerland
2. Japan
3. Ireland
4. Egypt - Siwa Oasis
48
illegal drugs or use them.
EUROPOL's Mandate
1. llicit drug trafficking
2. Illicit immigration networks;
3. Terrorism; Forgery of money (counterfeiting of the euro)
and other means of payment;
4. Trafficking in human beings (including child pornography);
5. Illicit vehicle trafficking;
6. Money laundering
49
executives, with over 20,000 members in over 80 different countries.
IACP’s leadership consists of the operating chief executes of
international, federal, state and local agencies of all sizes.
Illegal Drug Trade - the term being used in the international scene,
it is a more comprehensive term than drug trafficking as it includes
cultivation and manufacture.
International Crimes
1. Aggression (by one state against another)
2. Treat of aggression
3. Genocide (destroying a national, ethnic, racial, or
religious group)
4. Terrorism
5. Drug trafficking
50
Koban - is a small neighborhood police station found in Japan. Often
translated to English as Police Box. Koban are staffed by a relatively
small number of police officers (usually 3-5 officers).
51
2. The Protocol against the Smuggling of Migrants by Land,
Sea and Air.
3. The Protocol against the Illicit Manufacturing and Trafficking
in Firearms, Their Parts and Components and Ammunition
52
Examples of Transnational Crimes
1. Money laundering
2. Drug trafficking
3. Terrorism
4. Human trafficking
5. Cyber crime
53
5. Triads - Underground criminal societies based in Hong Kong. They
control secret markets and bus routes and are often involved in
money laundering and drug trafficking.
6. Heijin - Taiwanese gangsters who are often executives in large
corporations. They are often involved in white collar crimes,
such as illegal stock trading and bribery, and sometimes run
for public office.
7. Jao Pho - Organized crime group in Thailand. They are often
involved in illegal political and business activity.
8. Red Wa - Gangsters from Thailand. They are involved in
manufacturing and trafficking methamphetamine.
Criminal Justice System consists of three main parts
legislative - create laws
courts - adjudication
Participants of Criminal Justice System
police - first contact of offender since they investigate wrongdoing and makes arrest.
54
prosecution - proves the guilt or innocence of wrongdoers.
court - venue where disputes are settled and justice is administered.
community - where the convict after service of sentence comes back to be integrated to be
a productive member of society.
Community Policing - the system of allocating officers to particular areas so that they become
familiar with the local inhabitants.
Goals of Punishment
1. General Deterrence - the state tries to convince
potential criminals that the punishment they face is certain, swift, and severe so that they will
be afraid
55
to commit an offense.
2. Specific Deterrence - convincing offenders that the
pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept
behind bars, they will not be able to repeat their
illegal activities.
4. Retribution/Just Desert - punishment should be no
more or less than the offenders actions deserve, it
must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay
back their victims for their loss, the justice system
for the costs of processing their case and society
for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied,
an offender will present no further threat to society
7. Diversion - criminals are diverted into a community
correctional program for treatment to avoid stigma
of incarceration.The convicted offender might be
asked to make payments to the crime victim or
participate in a community based program that
features counseling.
8. Restorative Justice - repairs injuries suffered by
the victim and the community while insuring
reintegration of the offender.Turn the justice
system into a healing process rather than a
distributor of retribution and revenge.
Sensational Crime - certain offenses are selected for their sensational nature and made into
national issues.Much of what we know about crime comes from the media.
Street Crime - includes a wide variety of acts both in public and private spaces including
interpersonal violence and property crime.
56
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal
principles.
Judge - a public officer who presides over court proceedings and hear and decide cases in a court
of law either alone or as part of a panel of judges.
Prosecutor - the person responsible for presenting the case in a criminal trial against an
individual accused of breaking the law.
Plaintiff - the person who brings a case against another in court of law.
Appellant - the party who appeals the decision of the lower court. A person who applies to a
higher court for a reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin
for "to stand by that which is decided", general practice of adhering to previous decisions when it
makes new one.
Miranda Doctrine - criminal suspect has the right to remain silent which means they have the
right to refuse to answer questions from the police.They have the right to an attorney and if they
can not afford an attorney, one will be provided for them at no charge.
Writ - a form of written command in the name of the court or other legal authority to act or
abstain from acting in some way.
57
Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a
judicial proceeding.
Discretion - the use of personal decision making and choice in carrying out operations in the
criminal justice system.
What is twelve table? early Roman laws written around 450 BC which regulated family.religious,
and economic life.
58
b. the offenders prior criminal record
c. whether the offender used violence
d. whether the offender used weapons
e. whether the crime was committed for money
2. Extra Legal Factors
a. social class
b. gender
c. age
d. victim characteristics
59
B. Human rights education
General Provisions
Art.1. Time When Act Takes Effect
Art.2. Application of Its Provisions
Art.3. Definitions: Acts and Omissions Punishable by law Are Felonies
Art.4. Criminal Liability
Art.5. Duty Of The Courts Acts Not Covered By Law
Art.6. Consummated, Frustrated, And Attempted Felonies
Art.7. When Light Felonies Are Punishable
Art.8. Conspiracy And Proposal To Commit Felony
Art.9. Grave Felonies, Less Grave Felonies And Light Felonies
Art.10. Offenses Not Subject To The Provisions of this code
Art.11. Justifying Circumstances
Art.12. Circumstances Which Exempt from Criminal Liability
Art.13. Mitigating Circumstances
Introduction To Aggravating Circumstances
Art.14. Aggravating Circumstances
Art.15. Alternative Circumstances
Art.16. Who Are Criminally Liable
Art.17. Principals
Principal By Direct Participation
Principal By Induction
Principal By Indispensable Cooperation
60
Art.18. Accomplices
Art.19. Accessories
Art.20. Accessories Who Are Exempt From Criminal Liability
Art.21. Penalties That May Be Imposed
Art.22. Retroactive Effect Of Penal Laws
Art.23. Effect Of Pardon By The Offended Party
Art.24. Measures Of Prevention Or Safety Which Are Not Considered Penalties
Art.25. Penalties Which May Be Imposed
Art.26. When Afflictive, Correctional, Or Light Penalty
Art.27. Reclusion Perpetua
Art.28. Computation Of Penalties
Art.29. Period Of Preventive Imprisonment Deducted From Term Of Imprisonment
Art.30. Effects Of The Penalties Of Perpetual Or Temporary Absolute Disqualification
Art.31. Effect Of The Penalties Of Perpetual Or Temporary Special Disqualification
Art.32. Effect Of The Penalties Of Perpetual Or Temporary Special Disqualification
61
Art. 54: Penalty to imposed upon accomplices in a frustrated crime
Art. 55: Penalty to be imposed upon accessories of a frustrated crime
Art. 56: Penalty to be imposed upon accomplices in an attempted crime
Art. 57: Penalty to be imposed upon accessories of an attempted crime
Application of Art. 50 - 57
Art.58. Additional Penalty To Be Imposed Upon Certain Accessories
Art.59. Penalty To Be Imposed In Case Of Failure To Commit The Crime
Art.60. Exception To The Rules Established In Art. 50 To 57
Art.61. Rules For Graduating Penalties
Art.62. Effect Of The Attendance Of Habitual Delinquency
Art.63. Rules For The Application Of Indivisible Penalties
Art.64. Rules For The Application Of Penalties Which Contain 3 Periods
Art.65. Rule In Cases In Which The Penalty Is Not Composed Of Three Periods
Art.66. Imposition Of Fines
Art.67. Penalty To Be Imposed When Not All The Requisites Of.....
Art.68. Penalty To be Imposed Upon A Person Under 18 Years Of Age
Art.69. Penalty To Be Imposed When The Crime Committed Is Not Wholly Excusable
Art.70. Successive Service Of Sentence
Art.71. Graduated Scales
Art.72. Preference In The Payment Of The Civil Liabilities
Art.73. Presumption In Regard To The Imposition Of Accessory Penalties
Art.74. Penalty Higher Than Reclusion Perpetua In Certain Cases
Art.75. Increasing or reducing the penalty of fine by one or more degrees
Art.76. Legal period of duration of divisible penalties
Art.77. When The Penalty Is A Complex One Composed Of Three Distinct Penalties
Art.78. When And How A Penalty Is To Be Executed
Art.79. Suspension Of The Execution And Service Of The Penalties...
Art.80. Suspension Of Sentence Of Minor Delinquents
Art.81.
Art.82.
Art.83.
Art.84.
Art.85.
Art.86.
Art.87.
Art.88.
Execution Of Principal Penalties Art. 81 - Art. 88
Art.89. How Criminal Liability Is Totally Extinguished
Art.90. Prescription Of Crime
62
Art.91. Computation Of Prescription Of Offenses
Art.92. When And How Penalties Prescribe
Art.93. Computation Of The Prescription Of Penalties
Art.94. Partial Extinction Of Criminal Liability
Art.95. Obligations Incurred By Person Granted Conditional Pardon
Art.96. Effect Of Commutation Of Sentence
Art.97. Allowance For Conduct
Art.98. Special Time Allowance For Loyalty
Art.99. Who Grants Time Allowances
Art.100. Civil Liability Of A Person Guilty Of Felony
Art.101. Rules Regarding Civil Liability In Certain Cases
Art.102. Subsidiary Civil Liability Of Innkeepers
Art.103. Subsidiary Civil Liability Of Other Persons
Art.104. What Is Included in Civil Liability
Art.105. Restitution; How Made
Art.106. Reparation; How Made
Art.107. Indemnification; What is Included
Art.108. Obligation To Make Restoration; Upon Whom It Devolves
Art.109. Share Of Each Person Civilly Liable
Art.110. Several And Subsidiary Liability Of Principals
Art.111. Obligation To make Restitution In Certain Cases
Art.112. Extinction Of Civil Liability
Art.113. Obligation To Satisfy Civil Liability
63
Crimes Against The Fundamental Laws Of The State - Title II
Art.124. Arbitrary Detention
Art.125. Delay In The Delivery Of Detained Persons To The Proper Judicial Authorities
Art.126. Delaying Release
Art.127. Expulsion
Art.128. Violation Of Domicile
Art.129. Search Warrant Maliciously Obtained
Art.130. Searching Domicile Without Witnesses
Art.131. Prohibition, Interruption, and Dissolution of Peaceful Meetings
Art.132. Interruption Of Religious Worship
Art.133. Offending Religious Feelings
64
Art.160. Commission Of Another Crime During Service Of Penalty
65
Art.200. Grave Scandal
Art.201. Immoral Doctrines, Obscene Publications and Exhibitions
Art.202. Vagrants And Prostitutes
PD. NO. 449 - Cockfighting Law of 1974
PD. NO.1602 - Prescribing Stiffer Penalties In Illegal Gambling
66
Art.234. Refusal To Discharge Elective Office
Art.235. Maltreatment Of Prisoners
Art.236. Anticipation Of Duties Of A Public Office
Art.237. Prolonging Performance Of Duties And Powers
Art.238. Abandonment Of Office Or Position
Art.239. Usurpation Of legislative Powers
Art.240. Usurpation Of Executive Functions
Art.241. Usurpation Of Judicial Functions
Art.242. Disobeying Request For Disqualification
Art.243. Addressing Orders Or Requests By Executive Officer
Art.244. Unlawful Appointments
Art.245. Abuses Against Chastity
67
Art.268. Slight Illegal Detention
Art.269. Unlawful Arrest
Art.270. Kidnapping And Failure To Return A Minor
Art.271. Inducing A Minor To Abandon His Home
Art.272. Slavery
Art.273. Exploitation Of Child Labor
Art.274. Services Rendered Under Compulsion In Payment Of Debt
Art.275. Abandonment Of Person In Danger
Art.276. Abandoning A Minor
Art.277. Abandonment Of Minor By Person Entrusted With His Custody
Art.278. Exploitation Of Minors
Art.279. Additional Penalties For Other Offenses
Art.280. Trespass To Dwelling
Art.281. Other Form Of Trespass
Art.282. Grave Threats
Art.283. Light Threats
Art.284. Bond For Good Behavior
Art.285. Other Light Threats
Art.286. Grave Coercions
Art.287. Light Coercions
Art.288. Other Similar Coercions
Art.289. Formation, Maintenance, And Prohibition Of...
Art.290. Discovering Secrets Through Seizure Of Correspondence
Art.291. Revealing Secrets With Abuse Of Office
Art.292. Revelation Of Industrial Secrets
68
Art.305. False Keys
Art.306. Who Are Brigands: Penalty
Art.307. Aiding And Abetting A Band Of Brigands
Art.308. Theft
Art.309. Penalties for Theft
Art.310. Qualified Theft
Art.311. Theft Of Property Of The National Library And National Museum
Art.312. Occupation Of Real Property
Art.313. Altering boundaries Or landmarks
Art.314. Fraudulent Insolvency
Art.315. Estafa (Swindling)
Art.316. Other Forms Of Swindling
Art.317. Swindling A Minor
Art.318. Other Deceits
Art.319. Removal. Sale Or Pledge Of Mortgaged Property
Art.320. Arson Art.320 to Art.326 repealed by PD 1613
Art.327. Malicious Mischief
Art.328. Special Cases Of Malicious Mischief
Art.329. Other Mischiefs
Art.330. Damage And Obstruction To Means Of Communication
Art.331. Destroying or Damaging Statues, Public Monuments, or Paintings
Art.332. Persons Exempt From Criminal Liability In Crimes Against Property
69
Crimes Against The Civil Status Of Persons - Title XII
Art.347. Simulation Of Births
Art.348. Usurpation of Civil Status
Art.349. Bigamy
Art.350. Marriage Contracted Against Provisions Of Laws
Art.351. Premature Marriages
Art.352. Performance Of Illegal Marriage Ceremony
Special Crimes
Act. No. 3226 - An act to establish periods of prescription
Act NO. 4103 Indeterminate Sentence Law
PD. NO 46
PD. NO 90 Declaring Unlawful Rumor-Mongering And Spreading False Information
PD. NO 704 Illegal Fishing
CA. NO. 142 - Anti-Alias Law
PD. NO. 247 - Defacement, Mutilation, Tearing, Burning, Central Bank Notes
PD. NO. 749
PD. 532 - Anti-Piracy And Anti-Highway Robbery Law Of 1974
PD. 533 - Anti-Cattle Rustling Law
PD. 1612 - Anti-Fencing Law of 1979
PD. 1613 - Destructive Arson
PD. 1653 - Mendicancy Law Of 1978
70
PD. 1727 - Anti-Bomb Joke Law
RA. NO. 947
RA NO. 3019 Anti-Graft And Corrupt Practices Act
RA. No. 3226 - Creating four additional positions of assistant provincial fiscal
RA. NO. 4200 - Anti-Wire Tapping Law
RA. No. 4661 - Shortening the prescriptive period for libel
RA. NO. 6235 - Anti-Hijacking Law
RA. NO. 6713 Ethical Standards For Public Officials And Employees
RA. NO. 7080 An Act Defining And Penalizing The Crime Of Plunder
RA. NO. 7438 Rights of Persons Arrested or Detained
RA. NO. 7659 - Heinous Crimes Act Of 1993
RA. NO. 8049 - The Anti-Hazing Law
RA. NO. 8294 - Law Penalizing Illegal Possession Of Firearms
RA. NO. 8353 - Anti-Rape Law of 1997
RA. NO. 9160 - Anti Money Laundering Act Of 2001
RA. NO. 9165 - Comprehensive Dangerous Drugs Act Of 2002
RA. NO. 9262 - Anti-Violence Against Women And Their Children
RA. NO. 9485 - Anti-Red Tape Act
RA. NO.10591 - Comprehensive Firearms and Ammunition Regulation Act
RA. NO.11053 - The Anti-Hazing Act of 2018
E. Evidence
RULES OF EVIDENCE
RULE 128
General Provisions
Section 1. Evidence defined
Section 2. Scope
Section 3. Admissibility of Evidence
Section 4. Relevancy; Collateral matters
RULE 129
What Need Not Be Proved
Section 1. Judicial Notice, When Mandatory
Section 2. Judicial Notice, When Discretionary
Section 3. Judicial Notice, When Hearing Necessary
71
Section 4. Judicial Admissions
RULE 130
Rules On Admissibility
Section 1. Object as Evidence
Section 2. Documentary evidence
Section 3. Original Document Must Be Produced; Exceptions
Section 4. Original of document
Section 5. When original document is unavailable
Section 6. When original document is in adverse party's custody
or control
Section 7. Evidence admissible when original document is a
public record
Section 8. Party who calls for document not bound to offer it
Section 9. Evidence of written agreements
Section 10. Interpretation of a writing according to its
legal meaning
Section 11. Instrument construed so as to give effect to all
provisions
Section 12. Interpretation according to intention
general and particular provisions
Section 13. Interpretation according to circumstances
Section 14. Peculiar signification of terms
Section 15. Written words control printed
Section 16. Experts and interpreters to be used in explaining
certain writings
Section 17. Of Two constructions, which preferred
Section 18. Construction in favor of natural right
Section 19. Interpretation according to usage
Section 20. Witnesses; their qualifications
Section 21. Disqualification by reason of mental incapacity or
immaturity
Section 22. Disqualification by reason of marriage
Section 23. Disqualification by reason of death or insanity
of adverse party
Section 24. Disqualification by reason of privileged
communication
Section 25. Parental and filial privilege
72
Section 26. Admission of a party
Section 27. Offer of compromise not admissible
Section 28. Admission by third party
Section 29. Admission by co-partner or agent
Section 30. Admission by conspirator
Section 31. Admission by privies
Section 32. Admission by silence
Section 33. Confession
Section 34. Similar acts as evidence
Section 35. Unaccepted offer
Section 36. Testimony generally confined to personal knowledge;
hearsay excluded
Section 37. Dying declaration
Section 38. Declaration against interest
Section 39. Act or declaration about pedigree
Section 40. Family reputation or tradition regarding pedigree
Section 41. Common reputation
Section 42. Part of res gestae
Section 43. Entries in the course of business
Section 44. Entries in official records
Section 45. Commercial lists and the like
Section 46. Learned treatises
Section 47. Testimony or deposition at a former proceeding
Section 48. General rule
Section 49. Opinion of expert witness
Section 50. Opinion of ordinary witnesses
Section 51. Character evidence not generally admissible; exceptions:
RULE 131
Burden of Proof and Presumptions
Section 1. Burden of proof
Section 2. Conclusive presumptions
Section 3. Disputable presumptions
Section 4. No presumption of legitimacy or illegitimacy
RULE 132
Presentation of Evidence
73
Section 1. Examination to be done in open court
Section 2. Proceedings to be recorded
Section 3. Rights and obligations of a witness
Section 4. Order in the examination of an individual witness
Section 5. Direct examination
Section 6. Cross-examination; its purpose and extent
Section 7. Re-direct examination; its purpose and extent
Section 8. Re-cross-examination
Section 9. Recalling witness
Section 10. Leading and misleading questions
Section 11. Impeachment of adverse party's witness
Section 12. Party may not impeach his own witness
Section 13. How witness impeached by evidence of inconsistent
statements
Section 14. Evidence of good character of witness
Section 15. Exclusion and separation of witnesses
Section 16. When witness may refer to memorandum
Section 17. When part of transaction, writing or record given
in evidence, the remainder, the remainder admissible
74
Section 36. Objection
Section 37. When repetition of objection unnecessary
Section 38. Ruling
Section 39. Striking out answer
Section 40. Tender of excluded evidence
RULE 133
Weight and Sufficiency of Evidence
Section 1. Preponderance of evidence, how determined
Section 2. Proof beyond reasonable doubt
Section 3. Extrajudicial confession, not sufficient ground
for conviction
Section 4. Circumstantial evidence, when sufficient
Section 5. Substantial evidence
Section 6. Power of the court to stop further evidence
Section 7. Evidence on motion
RULE 134
Perpetuation of Testimony
Section 1. Petition
Section 2. Contents of petition
Section 3. Notice and service
Section 4. Order of examination
Section 5. Reference to court
Section 6. Use of deposition
Section 7. Depositions pending appeal
INTRODUCTION
DEFINITION of Evidence:
The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth
respecting a matter of fact.(Rule 128, Sec. 1)
The mode and manner of proving competent facts in judicial proceedings. (Bustos v. Lucero)
SCOPE
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General Rule: Rules of evidence shall be the same in all courts and in all trials and hearings
CLASSIFICATION
Rules Of Court CLASSIFICATION ACCORDING TO FORM
1) OBJECT – Directly addressed to the senses of the court (Rule 130, Sec.1)
CIRCUMSTANTIAL – Proof of fact/s from which, taken singly/collectively, the existence of the
particular fact in dispute may be inferred as a necessary/probable consequence. It is evidence of
relevant collateral facts.
2) CUMULATIVE – Evidence of the same kind and to the same state of facts.
3) PRIMA FACIE – That which, standing alone, is sufficient to maintain the proposition affirmed.
CONCLUSIVE – That class of evidence which the law does not allow to be contradicted.
4) PRIMARY – (Best evidence) The law regards these as affording the greatest certainty of the
fact in question.
SECONDARY – (Substitutionary evidence) Permitted by law only when the best evidence is
unavailable.
5) POSITIVE – When a witness affirms that a fact did or did not occur (there is personal
knowledge).
NEGATIVE – When witness states that he did not see or know of the occurrence of a fact (total
disclaimer of personal knowledge).
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- It is the result or effect of evidence; when the requisite quantum of evidence of a particular fact
has been duly admitted and given weight, the result is called the proof of such fact.
TO FACTUM PROBANDUM
- The ultimate fact or the fact sought to be established. It refers to the proposition (e.g. victim
was stabbed).
TO FACTUM PROBANS
- The evidentiary fact or the fact by which the factum probandum is to be established; refers to
the materials that establish the proposition (e.g. bloody knife).
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3. Crime Detection and Investigation
a. Fundamentals of Criminal Investigation and intelligence
Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts
concerning the matters involved.
- it is the process of inquiring, eliciting, soliciting and getting vital information, facts,
circumstances in order to establish the truth.
Criminal Investigator - a public safety officer who is tasked to conduct the investigation of all
criminal cases as provided for and embodied under the revised penal code, criminals laws and
special laws which are criminal in nature.
- a well trained, disciplined and experienced professional in the field of
criminal investigation.
Custodial Investigation - investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action.
Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases which is
often overlooked. The objective is to identify and interview in person all individuals in the area
where the victim was kidnapped or last known sighting area during the window of opportunity.
(last time seen until the time discovered missing.
Crime scene - a venue or place where the alleged crime/incident/event has been committed.
Corpus delicti - (latin for the body of the crime) - used to describe the physical or material
evidence that a crime has been committed. ex. corpse of a murder victim.
Organized criminal group - a structured group of three or more persons existing for a period of
time and acting in concert with the aim of committing one or more serious crime or offenses.
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Organized crime - a combination of two or more persons who are engaged in a criminal or virtual
criminal activity on a continuing basis for the purpose of profit or power using gangland style to
attain their purpose.
Physical evidence - evidenced addressed to the senses of the court that are capable of being
exhibited, examined or viewed by the court. This includes but not limited to fingerprints, body
fluid, explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts used in the
commission of the crime.
Victimology/victim profiling - a detailed account of the victims lifestyle and personality, assist in
determining the nature of the disappearance, the risk level of the victim and the type of person
who could have committed the crime. Complete information regarding the victims physical
description, normal behavior patterns, the family dynamics and known friends and acquintances
should be obtained as soon as possible.
Miranda vs. Arizona - Ernesto Miranda had confessed to rape and kidnapping, after two hour
interrogation. Because the interrogators failed to inform Miranda of his right to counsel and
remain silent, his conviction was overturned.
Waterboarding - refers to the practice of strapping a suspect to a board with his or her head
lowered, then the face is covered and water is poured over it causing the suspect to gag and
experience the sensation of drowning.
Chinese water torture - interrogation technique, repeatedly dripping water on the forehead of
the suspect. The goal is to drive the suspect to near insanity thereby obtaining a confession.
Serial Killer - is someone who murders 3 or more people with "cooling off" periods in between.
Police Blotter - is an 18" x 12" logbook with hard bound cover that contains the daily register of
all crime incident reports, official summary of arrests and other significant events reported in a
police station. A separate police blotter shall be maintained for offenses requiring confidentiality
like violence against women and children and those cases involving a child in conflict with the
law to protect their privacy pursuant to RA 9262 (anti violence against women and children act of
2004) and RA 9344 ( juvenile justice and welfare act of 2006).
Sketch - a rough drawing or painting, often made to assist in making a more finished picture.
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Types of Sketches
1. Floor plan (Birds Eye View)
2. Elevation Drawing
3. Exploded View
4. Respective Drawings
Allan Pinkerton - a Scottish american detective who created the Pinkerton National Detective
Agency, the first detective agency in the US.Pinkerton foiled a plot to assassinate President
Lincoln.
Rouges Gallery - is a police collection of pictures or photographs of criminals and suspects kept
for identification purposes.A compilation of descriptions, methods of operation having places
and names of criminal and their associates.
Criminal investigation - it is the collection of facts in order to accomplish the three fold aims:
6 Cardinal points of investigation
What specific offense was committed
How the offense was committed
Who committed it
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2. private records
3. modus operandi file
2. Interview - skillful questioning of witness and
suspects.
3. Instrumentation - scientific examination of real
evidence, application of instruments and
method of physical sciences in detecting crime.
Phases of investigations
Investigator/recorder
Photographer
Evidence Custodian
Composite illustrator/Artist
Equipment of an Investigator
Police line
Video camera
Voice recorder
Camera
Measuring device
Gloves
Flashlight
Fingerprint kit
Evidence bag
Evidence tag
Evidence bottles/vials
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Investigators tickler
Investigators Tickler
Investigators checklist
Anatomical diagram form
Evidence Checklist
Turn-over receipt
Standard Methods of Recording Investigative Data:
Photographs
Sketching crime scenes
Plaster cast
2 Kinds of Information
1. Regular sources - ex. citizen, company records
2. Cultivated sources - ex. paid informant
Interrogation or questioning witness or suspect who is reluctant to divulge or reveal
information with the goal of extracting a confession or obtaining information while an
Interview is simple questioning of a person who cooperate with the investigator.
How the Suspect is Identified
1. Confession or Admission - is a declaration of an
accused acknowledging his guilt.
2. Eyewitness testimony
3. Circumstantial evidence
Types of Interview
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1. Informal (on the scene interview) - conducted by
police/investigator at the crime scene to get
description of criminal if seen.
2. Formal - interview conducted by the investigator
assigned to the case.
Qualifications of Interviewer
1. Salesman
2. Actor
3. Psychologist
Requisites of an Interview
1. Establish rapport
2. Forcefulness of personality
3. Breadth of interest
Setting of Interview
1. Background Interview - time and place of
interview are not a consideration except for busy
person.
2. Routine Criminal Cases - interview should be
carefully planned. Busy person can be interviewed
at night, privacy is important.
3. Important Criminal Cases - should be conducted in
places other than the subjects home/office to
prevent him/her feeling confident. Investigator
should get interviewees respect.
4. Appropriate Time - General rule - (ASAP) as soon
possible while facts are fresh in the memory of
interviewees.
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1. Strip method - the area is blocked out in the form
of a rectangle. The searchers (3 person is good)
proceed slowly at the same pace along paths
parallel to one side of the rectangle.
2. Double Strip Search Method - modification of the
strip search method. The rectangle is traversed
first parallel to the base then parallel to a side.
3. Spiral Search Method - The searchers (3 person is
good) follow each other along the path of a spiral
beginning on the outside and spiraling in towards
the center.
4. Zone Search Method - one searcher is assigned
to each subdivision of a quadrant and then each
quadrant is cut into another set of quadrants.
5. Wheel Search Method - the area is considered to
be approximately circular. The searchers gather at
the center and proceed outward along radii or
spokes. Procedure is repeated several times
depending on the size of the circle and the number
of searchers.
wheel
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b. Specialized crime investigation 1 with legal medicine
Abortion - is the termination of pregnancy by the removal or expulsion from the uterus of a fetus
or embryo before viability
Adipocere - a peculiar waxy substance consisting of salts and fatty acids and formed from the
decomposition of corpse tissues, especially in moist habitats, also called grave-wax.
Algor mortis (Latin: algor - coldness; mortis - death) is the reduction in body temperature
following death.
- Rigor mortis (Latin: rigor - stiffness, mortis - death") is one of the recognizable signs of death,
caused by chemical changes in the muscles after death, causing the limbs of the corpse to
become stiff and difficult to move or manipulate.
Autopsy - a post-mortem examination to discover the cause of death or the extent of disease. An
autopsy is derived from the Greek word "autos" - oneself and "opsis" - sight/view.
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- Principal Aim Of An Autopsy
1. To determine the cause of death
2. To determine the state of health of the person before he or she died,
3. To determine whether any medical diagnosis and treatment before death were
appropriate.
- Types of Autopsies
1. Medico-Legal Autopsy or Forensic or coroner's - autopsies seek to find the cause and manner
of death and to identify the decedent.
2. Clinical or Pathological autopsies are performed to diagnose a particular disease or for
research purposes.
3. Anatomical or Academic Autopsies - are performed by students of anatomy for study purposes
only.
4. Virtual or Medical Imaging Autopsies - are performed utilizing imaging technology only,
primarily magnetic resonance imaging (MRI) and computed tomography (CT).
Biochemistry - the branch of science concerned with the chemical and physico chemical
processes and substances which occur within living organisms.
Cadaveric Spasm - also known as postmortem spasm, instantaneous rigor, cataleptic rigidity, or
instantaneous rigidity, is a rare form of muscular stiffening that occurs at the moment of death,
persists into the period of rigor mortis and can be mistaken for rigor mortis.
- Cadaveric spasm occurs immediately after death and is useful to ascertain the circumstances of
death.
Cerebral Concussion – there is a brief loss of consciousness and sometimes memory after ahead
injury that doesn’t cause obvious physical damage.
Cerebral Contusion – they are bruises to the brain, usually caused by a direct, strong blow to the
head. They are more serious than concussions.
Circulatory System - also called the cardiovascular system, is an organ system that permits blood
to circulate and transport nutrients (such as amino acids and electrolytes), oxygen, carbon
dioxide,
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hormones, and blood cells to and from cells in the body to nourish it and help to fight diseases
stabilize body temperature and pH, and to maintain homeostasis.
Contempt of Court - any willful disobedience to or disregard of a court order or any misconduct
in the presence of a court action that interferes with a judge's ability to administer justice or that
insults the dignity of the court. Punishable by fine or imprisonment or both.
Contusion - also called a bruise, is a type of hematoma of tissue in which capillaries and
sometimes venules are damaged by trauma, allowing blood to seep, hemorrhage, or extravasate
into the surrounding interstitial tissues.
Death - Complete cessation of all cardiopulmonary (heart-lung) and/or cessation of brain activity.
Death is the termination of all biological functions that sustain a living organism.
- Kinds of Death
1. Somatic or Clinical Death - permanent cessation of all vital bodily functions.
2. Molecular or Cellular Death - refers to the death of cells. 3 to 6 hours after cessation of life.
3. Apparent death or State of Suspended Animation - a state in which the processes of the body
(such as blood circulation) stop or become very slow for a period of time while a person or
animal is unconscious.
- Signs Of Death
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body (Algor Mortis) - The temperature of 15–20 degrees Fahrenheit is
considered as an ascertain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye - There is loss of corneal reflex
Tokyo Declaration - is a set of international guidelines for physicians concerning torture and
other cruel, inhuman or degrading treatment or punishment in relation to detention and
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imprisonment,
which was adopted in October 1975 during the 29th General assembly of the World Medical
Association.
Dermis - the thick layer of living tissue below the epidermis which forms the true skin, containing
blood capillaries, nerve endings, sweat glands, hair follicles, and other structures.
Digestive System - The digestive system is a group of organs working together to convert food
into energy and basic nutrients to feed the entire body.
Ecchymosis - a discoloration of the skin resulting from bleeding underneath, typically caused by
bruising.
Endocrine System - refers to the collection of glands of an organism that secrete hormones
directly into the circulatory system to be carried towards a distant target organ.
Epidermis - the outermost layer of the skin of a human or other vertebrate animal.
Euthanasia - Meaning good death ( well or good ), Refers to the practice of ending life in a
painless manner. The deliberate intervention was undertaken with the express intention of
ending life, to relieve intractable suffering.
Excretory System - is a passive biological system that removes excess, unnecessary materials
from an organism, so as to help maintain homeostasis within the organism and prevent damage
to the body.
Firearm identification - used to determine whether the gun that is subject of the investigation
has the same gun used or fired.
Forensic Science - involves the application of the sciences to answer questions of interest to the
legal system.
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1. Rubor - redness
2. Calor - heat
3. Tumor - swelling
4. Dulor - pain
Fracture - comes from the Latin word “fractura” which means a break in the continuity of the
bone. It is also a combination of a break in the bone and soft tissue injury.
Frostbite - injury to body tissues caused by exposure to extreme cold, typically affecting the nose,
fingers, or toes and often resulting in gangrene.
Gynecology - the branch of physiology and medicine which deals with the functions and diseases
specific to women and girls, especially those affecting the reproductive system.
- Coup-Conre-Coup Injury - injury at the site and opposite the site of application of force.
- Locus Minoris Resistentiae - injury not at the site and not opposite the site of application of
force but at the site offering least resistance.
- Extensive Injury - injury on a greater area more than the site of application of force.
Integumentary system - is the organ system that protects the body from various kinds of
damage, such as loss of water or abrasion from outside. The system comprises the skin and its
appendages, including hair, scales, feathers, hooves, and nails.
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Laceration - a deep cut or tear in skin or flesh. A wound that is produced by the tearing of soft
body tissue. This type of wound is often irregular and jagged.
Lazarus Syndrome - is also called Lazarus Phenomenon, is the spontaneous return of circulation
after failed attempts at resuscitation.
Lazarus Sign - or Lazarus reflex is a reflex movement in brain dead patients, which causes them to
briefly raise their arms and drop them crossed on their chests.
Legal Medicine - Branch of medicine which deals with the application of medical knowledge to
the purpose of law and in the administration of justice. Application of medicine to legal cases.
Livor Mortis - is a settling of the blood in the lower (dependent) portion of the body, causing a
purplish red discoloration of the skin. From the Latin word "livor" - bluish color and "mortis" - of
death. Also known as post-mortem lividity.
Mechanical Trauma - is an injury to any portion of the body from a blow, crush, cut, or
penetrating the wound.
Medical Evidence - is the means sanctioned by the rules of court of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
Types of Evidence
1. Real Evidence/Autoptic - made known to the senses
2. Testimonial Evidence - oral testimony under oath
3. Experimental Evidence
4. Documentary Evidence
Mental Deficiency – or mental retardation, is sub average intellectual ability present from birth
or early infancy. Intelligence is both determined by heredity and environment. In most cases of
mental
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deficiency, the cause is unknown.
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6. Physical Factors
a. Non toxic factors – exhaustion resulting from severe
physical and mental strain and traumatic injuries
to the head.
b. Toxic factors – drug addiction,infections of
the brain.
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k. Dissociative
13.Schizophrenia – a serious mental disorder characterized by
loss of contact with reality(psychosis), hallucinations,
delusions (false beliefs), abnormal thinking, disrupted
work and social functioning.
Types of Schizophrenia
a. Paranoid - is a mental disorder characterized by
paranoia and a pervasive, long-standing
suspiciousness and generalized mistrust of others.
b. Hebephrenic - it is characterized by disorganized
behavior and speech, as well as disturbances in
emotional expression.
c. Catatonic - does not respond to external stimuli.
characterized by a marked lack of movement,
activity, or expression.
14.Delusional Disorder
15.Psychological Incapacity – a waste basket diagnosis because
it is so broad a term, that it covers all possible Mental
Disorders.
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B. Obsession
4. Disorders in the trend of thought
Types a. Mania
b. Melancholia
5. Disorders of Emotions or Feelings – a disorder in the state
of mind, fervor, or sensibility, not in accord with reality.
6. Disorders of volition or conation (doing)
Kinds of Conation
A. Impulsion or Impulse (Compulsion) – a sudden and
irresistible force compelling a person to the conscious
performance of some action without motive or forethought.
Types of Compulsion
a. Pyromania - from the Greek word "pyr" - fire, is an
impulse control disorder in which individuals
repeatedly fail to resist impulses to deliberately
start fires in order to relieve tension or for
instant gratification.
b. Kleptomania - is the inability to refrain from the
urge to steal items and is done for reasons other
than personal use or financial gain.
c. Dipsomania - an uncontrollable craving for alcoholic
liquors.
d. Homicidal impulse - occurs when one person kills
another suddenly and without premeditation or
planning.
e. Sex impulse - a sudden strong and unreflective urge
or desire to have sex..
f. Suicidal impulse - recurring thoughts of or
preoccupation with suicide.
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posture, and circulates blood throughout the body.
Obstetrics - branch of medicine that deals with pregnancy, childbirth, and the postpartum
period, including care of the newborn.
Paraffin test or Dermal Nitrate test – present on the skin of the hand or site of the wound of
entrance. This test is not conclusive because of fertilizers, cosmetics, cigarettes, urine and other
nitrogenous compounds with nitrates will give a positive reaction. A negative test is also not
conclusive. The test usually gives a positive result even after a lapse of 3days or even if the hands
are subjected to ordinary washing.
Pathology - the science of the causes and effects of diseases, especially the branch of medicine
that deals with the laboratory examination of samples of body tissue for diagnostic or forensic
purposes.
Physical injuries - include those caused by mechanical trauma, heat and cold, electrical
discharges, changes in pressure, and radiation.
- Mechanical trauma is an injury to any portion of the body from a blow, crush, cut, or
penetrating the wound.
Physics - The subject matter of physics includes mechanics, heat, light and other radiation,
sound, electricity, magnetism, and the structure of atoms.
Physiology - the branch of biology that deals with the normal functions of living organisms and
their parts.
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Post-Mortem - (meaning after death) internal examination of the dead to determine the cause of
death.
Post-Mortem Caloricity - is the rise of temperature of the body after death due to rapid and early
putrefactive changes, usually in the first two hours.
Post Mortem Lividity - it occurs in most extensive areas of the most dependent portions of the
body.
Puncture Wound - is usually caused by a sharp pointy object such as a nail, animal teeth, or a
tack. This type of wound usually does not bleed excessively and can appear to close up.
Putrefaction - or decomposition is the final stage following death, produced mainly by the action
of bacterial enzymes, mostly anaerobic organisms derived from the vowel. Other enzymes are
derived from fungi and sometimes from insects.
- Kinds of Putrefaction:
1. Mummification - is the preservation of a body.
2. Saponification – also called Adipocere Formation.
3. Maceration - Softening of the tissues after death by autolysis.
Reproductive System - or genital system is a system of sex organs within an organism that works
together for the purpose of sexual reproduction. Many non-living substances such as fluids,
hormones, and pheromones are also important accessories to the reproductive system.
Respiratory System - (or ventilatory system) is a biological system consisting of specific organs
and structures used for the process of respiration in an organism. The respiratory system is
involved
in the intake and exchange of oxygen and carbon dioxide between an organism and the
environment.
Sex Crimes - generally involve illegal or coerced sexual conduct by one person towards another.
- Chaste – An unmarried woman who has had no carnal knowledge with men or that she never
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voluntarily had unlawful sexual intercourse. These also denote the purity of mind and innocence
of heart.
Skeletal System - gives the body its basic framework, providing structure, protection, and
movement.
Subpoena ad Testificandum´- is a court summons to appear and give oral testimony for use at a
hearing or trial.
Surgery - is an ancient medical specialty that uses operative manual and instrumental techniques
on a patient to investigate and/or treat a pathological condition such as disease or injury, to help
improve
bodily function or appearance or to repair unwanted ruptured areas.
Topinard and Rolet - two French anatomist who devised a formula for the determination of the
height for male and female.
Toxicology - the branch of science concerned with the nature, effects, and detection of poisons.
Virgin – A woman who has had no carnal knowledge of man. Her genital organs have not been
altered by carnal connection.
Virginity - A condition of a female who has not experience sexual intercourse and whose genital
organs have not been altered by carnal connection and whose hymen is still intact.
- Kinds of Virginity
1. Moral virginity – the state of not knowing the nature of sexual life and not having experience
sexual relations.
2. Physical Virginity – A condition whereby a woman is conscious of the nature of sexual life but
has not experienced sexual intercourse.
3. Demi–virginity – This term refers to a condition of a woman who permits any form of sexual
liberties as long as they abstain from rupturing the hymen by the sexual act. The woman allows
sexual intercourse, but only inter femora or even inter labia, but not to the extent of rupturing
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the hymen.
4. Virgo intacta – A truly virgin woman. There is no structural change in her organ,
notwithstanding the fact of previous sexual intercourse.
- Carnal Knowledge - is the act of a man in having a sexual bodily connection with a woman.
There is carnal knowledge if there is the slightest penetration in the sexual organ of the female
by the sexual organ of the male.
Virtuous Female - If her body is pure and if she has never had any sexual intercourse with
another through her mind and heart is impure.
Wound - in legal medicine, it means strictly a solution of continuity. An injury to living tissue
caused by a cut, blow, or other impacts, typically one in which the skin is cut or broken.
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- Defense Wound - or self-defense wound is an injury received by the victim of an attack while
trying to defend against the assailant. often found on the hands and forearms, where the victim
has raised them to protect the head and face or to fend off an assault, but may also be present
on the feet and legs where a victim attempts defense while lying down and kicking out at the
assailant.
Agnosia - impairment or loss associated with brain injury of the ability to recognized or
comprehend the meaning of stimuli including familiar objects and and symbols.
Airways - any part of the respiratory tract thought which air passes during breathing.
Alveolar ducts - the smallest of the lungs airways that connect terminal bronchioles and alveolar
sacs, sometimes called bronchioles.
Alveoli - microscopic air sacs in which gas exchange between the blood and the lungs occur.
Anarthria - loss of the ability to form words accurately caused by brain lesion or damage to
peripheral nerves that carry impulses to the articulatory muscles.
Anemia - any condition in which the number of red blood cells, the amount of hemoglobin, and
the volume of packed red blood cells per 100 ml of blood are less that normal.It may result from
increased destruction of red blood cells, excessive blood loss or decreased production of red
cells.
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Hemolytic - anemia caused by hemolysis of red blood cells resulting
in reduction of normal red cell life span.
Anticoagulant - a substance such as EDTA that prevent coagulation or clotting of the blood.
Antigen - a foreign substance, usually a protein, capable of stimulating an antibody response for
body defense.Any substance that when introduced parenterally into an individual lacking lacking
the substance,stimulates the production of an antibody that when mixed with the antibody react
with it in some observable way.
Asphyxia - lack of oxygen or excess of carbon dioxide in the body.Asphyxia may lead to
unconsciousness, seizures, damage to various sensory systems and death.
Asthma - a chronic condition in which constriction (spasm) of the bronchial tubes occurs in
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response to irritation, allergy, or other stimuli.
Autism - mental introversion in which thinking is governed by personal needs and the world is
perceived in terms of wishes rather than reality.Extreme preoccupations with one's own
thoughts and fantasies.
Autopsy - a physical examination of the corpse through dissection to determine cause of death
(also necropsy and postmortem).
Bestiality - is a sexual intercourse by a human being with a lower animal.
Bite mark - a circular or oval patterned injury consisting of two opposing symmetrical.U-shaped
arches separated at their bases by open spaces.Following the periphery of the arches are a series
of individual abrasions, contusions, or lacerations reflecting the size, shape, arrangement, and
distribution of the class characteristics of the contacting surfaces of the human dentition.
Bloat - the transient phase in corpse decomposition that follows the fresh phase and is
characterized by excessive swelling, produced by gases trapped internally.
Blood type - a way of saying which blood group antigens are present on the persons red cells.
Bloodstain - liquid blood that has dried once it has come in contact with a surface.
Body bag - a heavy waterproof bag usually closed with a zipper and used to transport a corpse.
Body dump site - the location where an offender disposes of the murder victim's body.
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Bondage - the combining of sadism and masochism.
Bronchi - (singular-bronchus) large divisions of the trachea that convey air to and from the lungs.
Bronchitis - inflammation of the mucus membrane of the bronchial tubes, usually associated
with a persistent cough and sputum production.
Bronchospasm - contraction of the smooth muscle of the bronchi causing the narrowing of the
bronchi.This narrowing increases the resistance or airflow into the lungs and may cause a
shortness of breath typically associated with wheezing.
Buccal coitus - (coitus per os or sin of Gomorrah) the male organ is introduced into mouth,
usually of a young child.
Cadaver dog - canines specially trained to find human decomposition scent and and alert their
handlers to its location.
Cause of death - an injury or disease that ultimately lead to death of the individual, generally
determined by medical examiner or coroner (pathologists).
Cephalothorax - the anterior body region in some arthropods consisting of the fused head and
thorax.
Cerebellum - the large brain mass located at the posterior base of the brain, responsible for
balance and coordination of movement.
Cerebral contusion - bruising of brain tissue marked by swelling and hemorrhage and resulting in
loss of consciousness.
Cerebral edema - swelling of the brain caused by excessive buildup of fluid in the tissue.
Cerebral infarctions - is an ischemic stroke resulting from a disturbance in the blood vessels
supplying blood to the brain.
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Cerebrum - the largest portion of the brain, include the cerebral hemispheres (cerebral cortex
and basal ganglia)
Cirrhosis - a chronic disease of the liver marked by degeneration of cells, inflammation, and
fibrous thickening of the tissue, can be cause =d by long term alcoholism, viral infections, and
metabolic disease.
Clitoris - erectile tissue in female analogous to male penis, located above the urethra and
covered by the clitoral hood.
Clot - a thick mass of coagulated liquid, ex. blood.A blood clot is formed by a complex
mechanism involving plasma protein, fibrinogens, platelets, and other clotting factors.
Coagulation - the process of stopping blood flow from a wound or by which blood forms clot.
Coma - state of profound unconsciousness from which the patient can not be aroused.
Concussion - sudden shock to or jarring of the brain which may or may not cause a loss of
consciousness.
Conjunctiva - the delicate mucous membrane that covers the exposed surface of the eyeball and
lines of the eyelids.
Contact wound - a wound that results when a small weapon is fired in contact with the skin.May
divided into tight or loose contact wounds based on the amount of pressure used against the
skin.
Contusion - a bruise that is either superficial or internal.An injury cause by blunt object impact
without laceration with surface discoloration due to subsurface hemorrhaging.An injury to
subsurface tissue caused by a blow from a blunt instrument that does not break the skin.
Convulsion - is a medical condition where the body muscle contract and relax rapidly and
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repeatedly, resulting in an uncontrolled shaking of the body.
Cornea - the transparent membrane that cover the colored part of the eye.
Coroner - (medical examiner) (pathologists) an officer responsible for determining the manner
and cause of death.
Decubitus - may be seen as a bedsore that can produce an ulcer in the body caused by lying long
in one position, this pressure necrosis can be found on elderly patients.
Defense wounds - stab or incised wounds to the hands, wrists, forearms, and arms that may
contain embedded fragments of the weapon.
Delirium - extreme mental excitement marked by defective perception, impaired memory, and
rapid succession of confused and unconnected ideas, often with illusions and hallucinations.
Delusion - firm belief opposed to reality but maintained in spite of srong evidence to the
contrary.
Diatoms - are microscopic, unicellular, silica coated algae.Presence of diatoms in tissue is a sign
of ante-Morten drowning.Diatoms are examined by acid digestion technique.
Durham rule - an accused person is nor criminally responsible if his unlawful act is the product of
mental disease or mental defect.
Ecchymosis - is the medical term for a subcutaneous purpura larger than 1 centimeter or a
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hematoma, commonly called a bruise.
Eclampsia - an acute disorder of pregnant and puerperal women, associated with convulsions
and coma.
Endemic - a disease that occurs continuously in a particular population but has a low mortality
rate such as measles.
Epidural hemorrhage - bleeding in the space between the dura matter and skull or wall of the
vertebral canal around the spinal cord.
Erythrocytes - red blood cells.A type of blood cell that contain a nucleus in all vertebrates but
man and that has hemoglobin in the cytoplasm.
Esophagus - the portion of the digestive canal extending from the throat to the stomach, also
referred to as gullet.
Euthanasia - (mercy killing) it means producing painless death of a person suffering from
hopelessly incurable and painful disease.
Exoskeleton - a skeleton on the outside of the body whose inner walls serves as a point for the
attachment of muscles.
Feces - animal solid waste material discharged from the rectum through the anus.End product of
digestion after absorption of nutrients and re-absorption of water.
Felacio - is the oral stimulation or manipulation of the penis either by the female or male.
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Forensic medicine - is the application of medical knowledge in the administration of law and
justice.
Forensic taphonomy - the study of post-mortem processes affecting human remains for the
purposes of interpreting forensic data.
Fortunato Fedele - an Italian physician who in 1602 published the first book on forensic
medicine.
Frigidity - is the inability to start or to maintain the sexual arousal pattern in the female.
Glaucoma - a disease of the eye characterized by abnormal and damaging high pressure in the
eye, usually due to a blockage of the channel that normally allows the outflow of fluid from the
eye.
Hematology - branch of biology that deals with blood and blood forming organs.
Hematoma - accumulation of blood in the tissue due to internal hemorrhaging.A tumor of blood
caused by leakage from damage blood vessels, it contains enough blood to form a blood-filled
space.
Hemolysis - destruction or dissolution of red blood cells in such a manner that hemoglobin is
liberated into the medium in which the cells are suspended.
Hemolytic anemia - Any anemia resulting from destruction of red blood cells.
Hemophilia A hereditary blood disease characterized by impaired coagulability of the blood and
a strong tendency to bleed.
Hemoptysis - Coughing and spitting of blood as a result of bleeding from any part of the
respiratory tract.
Hemorrhage - Escape of whole blood from a blood vessel. Abnormal internal or external
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bleeding. May be venous, arterial, or capillary from blood vessels into the tissues, or into or from
the body.
Herniation - Rupture of tissue into an adjacent space due to internal pressure or swelling.
Homosexuality - means persistent emotional and physical attraction to members of same sex.
Hymen - Thin membrane, in females, that separates the external genitalia from the vagina. The
outer surface is a dry, squamous epithelium, and the inner surface is a moist mucous membrane.
Hypoxia - Condition in which below-normal levels of oxygen are present in the air, blood, or body
tissues, short of anoxia.
Impetigo - Highly contagious, rapidly spreading skin disorder caused by staphylococcus or
streptococcus and characterized by red blisters. Impetigo sometimes occurs as a result of poor
hygiene.
Incised wound - Injury produced by a sharp instrument and characterized by lack of surface
abrasion and absence of bridging vessels, nerves, and smooth margins.
Ischemia - Obstruction of blood flow (usually by arterial narrowing) that causes lack of oxygen
and other bloodborne nutrients.
Ischemia necrosis - Death of cells as a result of decreased blood flow to affected tissues.
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Kleptomania - an irresistible desire to steal articles of little value.
Labia majora - Outer lips to the vagina that are covered by pubic hair after menarche (onset of
menstruation).
Laceration - A wound produced by a tear in the skin due to application of blunt force in crushing
or shearing.
Livor mortis - A coloration of the skin of the lower parts of a corpse caused by the settling of the
red blood cells as the blood ceases to circulate.
Lymphocyte - A general class of white blood cells that are important components of the immune
system of vertebrate animals.
Maggot - The larva of a higher fly. It sheds its skin twice and has three growth instars prior to
pupariation. A legless larva without a well-developed head capsule.
Mandible - A mouth organ of invertebrates (especially in the arthropods and insects) used for
seizing, biting, and manipulating food. With vertebrate organisms, it is recognized as the lower
jaw.
Manner of death - A typology of deaths according to whether they are due to homicide, suicide,
accident, or natural causes. Death occurs in one of four manners: natural, if caused solely by
disease; accidental, if it occurs without apparent intent; suicidal, if caused by the deceased; and
homicidal, if someone other than the deceased caused it.
Malingering - (shamming) means conscious, planned feigning or pretending a disease for the
Masochism - opposite of sadism, derived from the name of Leopold Von Sacher-Masoch, an
Austrian novelist, being whipped by his wife used to be a stimulant for his literary work.
Medical jurisprudence - deals with the legal rights, privileges, duties and obligations of medical
practitioner.
Meningitis - Brain infection involving an acute inflammation of the membranes that cover the
brain and spinal cord, characterized by drowsiness, confusion, irritability, and sensory
impairments.
Mite - Any arthropod in the order Acari. These are very small to minute animals having four pairs
of legs in the adult stage, but only three pairs in the larva. All mites have chelicerated mouth
parts and lack mandibles.
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Mummification - The drying, shrinking, and hardening of dead flesh due to extreme dehydration.
Myiasis - The invasion of any living vertebrate animal, including people, by fly larvae, especially
maggots. The description may be further refined to indicate location affected (e.g., nasal myiasis,
rectal myiasis) or the predisposing cause (e.g., traumatic myiasis in a suppurating wound).
Myiasis may be classified as either primary or secondary (facultative).
Myocardial ischemia - Insufficient oxygen supplies to meet the metabolic demands of heart
muscles.
Neuropathy - A disorder of the nervous system; in contemporary usage, a disease involving the
cranial or spinal nerves.
Neuroses - the patient suffer from emotional or intellectual disorder but does not loss touch with
reality.
Osteoarthritis - deterioration in joint integrity connected with use-wear exacerbated by
inflammation and related to reduction in bone density.
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Osteomyelitis - Inflammation of the bone especially the marrow caused by a pathogenic
organism.
Osteoporosis - Increased porosity of the bone, seen most often in the elderly.
Paedophile - (pedophile) is an adult who repeatedly engages in sexual activities with children
below the age of puberty.
Paraphilias - abnormal and unorthodox sex play using unusual objects or parts of the body.
Petechiae - Pinhead-sized (red) dots which are minute hemorrhages found inside the eyelids and
the facial skin; considered by pathologists to be a sign of strangulation.
Plasma - The liquid portion of whole blood containing water, electrolytes, glucose, fats, proteins,
and gases. Contains all the clotting factors necessary for coagulation but in an inactive form.
Once coagulation occurs, the fluid is converted to serum.
Postmortem - artifact Alteration to the body that occurs after death that is not related to
antemortem injury.
Postmortem interval - The period of time between death and corpse discovery.
Pseudo-malingering - A phenomenon whereby a mentally ill individual feigns the mental illness
he or she actually has. The behavior is considered a temporary ego-supportive device that allows
the individual to feel he or she has control over the illness.
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Psychopath - a person who is neither insane nor mentally defective but fails to conform to
normal standards of behavior.
Psychoses - they are characterized by withdrawal from reality, living in a world of fantasy.
Pulmonary edema - Accumulation of extra vascular fluid in the lungs that impairs gas exchange;
usually due to either increased intravascular pressure or increased permeability of the
pulmonary capillaries.
Saponification - The conversion of corpse body fat into a curdlike foul-smelling product called
adipocere
Saprophagous - Feeding on dead or decaying plant or animal material, such as carrion, corpses,
dung, or rotting wood.
Sepsis - Pathologic state, usually febrile, resulting from the presence of microorganisms or their
poisonous products in the bloodstream.
Septicemia - Bacteria in the blood system with signs and symptoms of disease.
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Sexual oralism - it is the obtaining of sexual pleasure from the application of the mouth to the
sexual organs.
Sodomy - is anal intercourse between two males or between a male and female.It is also called
buggery.It is also called gerontophilia when the active agent is an adult and paederasty, wen the
passive agent is a young boy who is known as catamite.
Tachycardia - Rapid heartbeat (typically greater than 100 beats per minute).
Trauma - An injury that is the result of any force such as blunt, sharp, or penetrating.
Transvestism - trans - opposite, vesta - clothing of eonism.The term is derived from the name of
Chevelier d'Eon Beamont, a Frenchman.It is usually found in the males who derived sexual
pleasure by wearing female dress.
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OVERALL.
1. He is the Father of Criminology.
A. Cessare Lombroso
B. Edwin Sudderland
C. Cessare Becaria
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D. Enrico Ferri
Classical-Cesare Becarria
Modern-Cesare Lombroso
Dean- Edwin Sutherland
Matik A.
Answer: B. An act commonly known as Revised penal Code was made on December 8, 1930 and took effect on
January 1, 1932.
6. Characteristics of Criminal Law stating that the Law is binding on all persons who live and sojourn in
philippine territory.
A. General
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B. Territorial
C. Retrospective
D. Universal.
Answer: A. General
9. Libel and other similar means shall prescribe in how many years?
A. 15 yrs
B. 10 yrs
C. 5 yrs
D. 1 yr
Answer: D.
10. A type of fingerprint pattern in which the slope or downward flow of the innermost sufficient recurve is
towards the thumb of the radius bone of the hand origin.
A. Ulnar Loop
B. Tented Arch
C. Accidental Whorl
D. Radial loop
Answer: D. Radial loop - towards the thumb
Ulnar - towards the little finger
11. Ryan Killed Rodel, what was the crime Commited by Ryan?
A. Homicide
B. Murder
C. Parricide
D. Article 241
Answer: A. Hommicide - no qualifying circumstances
12. Berto killed less than 3days old baby, what was the crime committed by berto?
A. Homicide
B. Murder
C. Infanticide
D. Abortion
Answer: C. Infanticide. Killing of a child less than 72 hours is considered infanticide but killing of child more than
3 days is either murder or parricide.
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13. Drugs which Produces insensitivity, stupor, melancholy or dullness of the mind with delusions.
A. Stimulants
B. Hallucinogens
C. Narcotics
D. Depressants
Answer: C. Narcotics
14. What are the infractions of mere rules of convenience design to secure a more orderly regulation of the affairs
of society?
A. Felonies
B. Violation of Ordinances
C. Mala inse
D. Mala prohibita
Answer. Felonies-
Mala inse- RPC
Mala prohibita -Special laws
Misdemeanor- infraction of law/municipal ordinance
15. In 13th century, a criminal could avoid _______ for claiming refugee in a church for a period of 40 days at the
end of which time he has compelled to leave the realm by road or path assigned to him.
A. Trial
B. Punishment
C. Conviction
D. Penalty.
Answer. C - Convection
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