Compilation Subjects For Battery Exam Reviewer

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LIST OF SUBJECTS FOR BATTERY

EXAM:

I. Introduction to Criminology
II. Introduction to Philippine Criminal
Justice System
III. Theories of Crime Causation
IV. Law Enforcement Organization and
Administration
V. Comparative Models in Policing
VI. Fundamentals of Criminal
Investigation and Intelligence
VII. Introduction to Industrial Security
Concepts
VIII. Human Behavior and Victimology
IX. Specialized Crime Investigation 1
with Legal Medicine
X. Institutional Corrections
XI. Forensic Photography
XII. Personal Identification Techniques
XIII. Character Formation 1 -
Nationalism & Patriotism
I. Introduction to Criminology and Psychology of Crimes

CRIMINOLOGY

- according to Edwin H. Sutherland, “criminology is the entire body of knowledge


regarding crime as a social phenomenon. It includes within its scope the process of
making of laws, of breaking of laws, and the society’s reaction towards the breaking of
laws.”
- a body of knowledge regarding crimes, criminals and the efforts of society to prevent and
repress them.
- the scientific study of the causes of crime in relation to man and society who set and
define rules and regulations for himself and others to govern

Criminologist (R.A. 6506)

- any person who is a graduate of the Degree of Criminology, who has passed the
examination for criminologists and is registered as such by the Board of Examiners of the
Professional Regulation Commission (PRC).

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”.

In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.

In 1889, Paul Topinard, French Anthropologist, used the term criminology in French
criminologie for the first time

Principal Divisions of Criminology

1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal
behavior.

2. Sociology of Law – refers to the investigation of the nature of criminal law and its
administration

3. Penology – the study of the control of crimes and the rehabilitation of offender

Is criminology a science?

According to George Wilker, criminology cannot become a science because it has not yet
acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it will
become a science in the future since the causes of crimes are almost the same which may be
biological, environmental or combination of the two.

Nature of Criminology

1. It is applied science because criminology as a body of knowledge has already established


universally accepted principles and concepts and these are used by other field of study.
(INSTRUMENTATION)

2. It is a social science because it studies crime as a social phenomenon. Crime is a social


problem which has a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the
changing time.

4. It is nationalistic because the study of criminology takes into consideration the history, the
culture and the social norms and the laws of the country. Each country has its own set of laws
and crimes are defined by the laws of the country.

Scope in the Study of Criminology

1. Study of the origin and development of criminal law

2. Study of the causes of crimes and development of criminals

3. Study of the other sciences that examine criminal behavior using scientific methods such as:

criminal demography – the study of the relationship between criminality and population

criminal epidiomology – the study of the relationship between environment and criminality

criminal ecology – the study of criminality in relation to the spatial distribution in a


community

criminal physical anthropology – the study of criminality in relation to physical constitution


of men

criminal psychology – the study of human behavior in relation to criminality

criminal psychiatry – the study of human mind in relation to criminality

victimology – the study of the role of the victim in the commission of a crime

SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of beliefs or ideas that support a specific theory.

Theory – set of statements devised to explain behavior, events or phenomenon, especially one
that has been repeatedly tested and widely accepted.

1. DEMONOLOGICAL THEORY - asserts that a person commits wrongful acts due to the fact
that he was possessed by demons.

2. CLASSICAL SCHOOL OF CRIMINOLOGY

The classical school of criminology grew out of a reaction against the barbaric system of law,
punishment and justice that existed. There was no real system of criminal justice in Europe at that
time. Some crimes were specified, some were not. Judges had discretionary power to convict a
person for an act not even legally defined as criminal.

This school of thought is based on the assumption that individuals choose to commit crimes
after weighing the consequences of their actions. According to classical criminologists, individuals
have free will. They can choose legal or illegal means to get what they want, fear of punishment can
deter them from committing crime and society can control behavior by making the pain of punishment
greater than the pleasure of the criminal gains.

This theory, however, does not give any distinction between an adult and a minor or a
mentally-handicapped in as far as free will is concerned. Founders of classical school of criminology
are Cesare Beccaria and Jeremy Bentham.
Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)

- best known for his essay, “On Crimes and Punishment” which presented key ideas on
the abolition of torture as legitimate means of extracting confession.
- His book contains almost all modern penal reforms but its greatest contribution was the
foundation it laid for subsequent changes in criminal legislation
- his book was influential in the reforms of penal code in France, Russia, Prussia and it
influenced the first ten amendments to the US Constitution

Beccaria believed that:


a. people want to achieve pleasure and avoid pain.

b. Crime provides some pleasure to the criminal.

c. To deter crime, he believed that one must administer pain in an appropriate amount
to counterbalance the pleasure obtain from crime.

d. Famous in sayings “ Let the punishment fit the crime”

HIGHLIGHTS OF CESARE BECCARIA’S IDEAS REGARDING CRIMES AND THE CRIMINAL


JUSTICE SYSTEM

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

Jeremy Bentham (1748-1832)

- his contribution to classical school of criminology is the concept of utilitarianism and the
felicific calculus.
- proposed “Utilitarian Hedonism” which explains that person always acts in such a way to
seek pleasure and avoid pain.
- founded the concept of UTILITARIANISM – assumes that all our actions are calculated in
accordance with their likelihood of bringing pleasure and pain
- devised the pseudo-mathematical formula called “felicific calculus” which states that
individuals are human calculators who put all the factors into an equation in order to
decide whether a particular crime is worth committing or not
- he reasoned that in order to deter individuals from committing crimes, the punishment, or
pain, must be greater than the satisfaction, or pleasure, he would gain from committing
the crime

Utilitarianism
– is a philosophy which argues that what is right is the one that would cause the greatest
good for the greatest number of people.
- others refer to it as the greatest happiness principle or the principle of utility.
- from this principle, Bentham formulated the “felicific calculus”.

Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals
calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he
would derive from doing the action.

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

4. POSITIVIST SCHOOL OF CRIMINOLOGY


- The term “positivism”, refers to a method of analysis based on the collection of
observable scientific facts.
- Positivists believe that causes of behavior can be measured and observed.
- It demands for facts and scientific proof, thus, changing the study of crimes and criminals
into scientific approach.
- Positive theorists were the first to claim the importance of looking at individual difference
among criminals. These theorists who concentrated on the individual structures of a
person, stated that people are passive and controlled, whose behaviors are imposed
upon them by biological and environmental factors.

August Comte

- was a French philosopher and sociologist and is believed to be the one who reinvented the
French term sociologie.

- he was recognized as the “Father of Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY


1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo

Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited

- known for the concept of atavistic stigmata (the physical features of creatures at an earlier
stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of
atavistic stigmata and crimes committed by those who are born with certain recognizable heredity
traits.

- according to his theory, criminals are usually in possession of huge jaws and strong canine
teeth, the arm span of criminals is often greater than their height, just like that of apes who use their
forearms to push themselves along the ground.

- other physical stigmata include deviation in head size and shape, asymmetry of the face,
excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual size,
nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy lips, swollen
and protruding, and pouches in the cheek like those of animal’s toes

- Lombroso’s work supported the idea that the criminal was a biologically and physically inferior
person

- according to him, there are three (3) classes of criminals:


a. born criminals – individuals with at least five (5) atavistic stigmata

b. insane criminals – those who became criminals because of some brain defect which
affected their ability to understand and differentiate what is right from what is wrong.

c. criminaloids - those with makeup of an ambiguous group that includes habitual


criminals, criminals by passion and other diverse types

Enricco Ferri

- he focused his study on the influences of psychological factors and sociological factors
such as economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not choose
to commit crimes, but rather were driven to commit crimes by conditions in their lives.

Raffaelle Garofallo

- He treated the roots of the criminals’ behavior not to physical features but to their psychology
equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious
Criminals.

THEORIES OF CRIME CAUSATION

1. BIOLOGICAL THEORIES
- this refers to the set of theories that point to physical, physiological and other natural
factors as the causes for the commission of crimes of certain individuals.
- This explanation for the existence of criminal traits associates an individual’s evil
disposition to physical disfigurement or impairment.

a. Physiognomy – the study of facial features and their relation to human behavior.

1. Giambiatista dela Porta

- founder of human physiognomy


- according to him criminal behavior may be predicted based on facial features of the
person.

2. Johann Kaspar Lavater

- supported the belief of dela Porta

- he believed that a person’s character is revealed through his facial characteristics.

b. Phrenology, Craniology or Cranioscopy – the study of the external formation of the


skull in relation to the person’s personality and tendencies toward criminal behavior.

1. Franz Joseph Gall


- he developed cranioscopy which was later renamed as phrenology.

2. Johann Kaspar Spurzheim


- assistant of Gall in the study of phrenology.
- he was the man most responsible for popularizing and spreading phrenology to a
wide audience

c. Physiology or Somatotype – refers to the study of body build of a person in relation to


his temperament and personality and the type of offense he is most prone to commit.
1. Ernst Kretschmer
- he distinguished three (3) principal types of physiques: asthenic, athletic, pyknik
and dysplastic.
a. asthenic – characterized as thin, small and weak.
b. athletic – muscular and strong.
c. pyknic – stout, round and fat.
d. dysplastic – combination of two body types

2. William Herbert Sheldon


formulated his own group of somatotype: ectomorph, mesomorph and
endomorph.
a. ectomorph – tall and thin and less social and more intellectual than the other
types.
b. mesomorph – have well-developed muscles and an athletic appearance.
c. endomorph – heavy builds and slow moving.

d. Heredity – the transmission of traits from parents to offspring.

1. Richard Louis Dugdale


- conducted a study of the Jukes family by researching their family tree as far back
200 years. He discovered that most of the ascendants of the Jukes were
criminals.
2. Henry Goddard
- he traced the descendants of the Martin Kallikak from each of his two wives and
found a distinct difference in termsof quality of lives of descendants. He coined
the term “moron”.
3. Charles Goring
- he believed that criminal traits can be passed from parents to offspring through the
genes.
- he proposed that individuals who possess criminal characteristics should be
prohibited from having children.
INTELLIGENCE AS A FACTOR IN CRIMINALITY

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

ALFRED BINET – a French psychologist who developed the first IQ test.

- the test measured the capacity of individual children to perform tasks or solve problems in
relation to the average capacity of their peers.

3. PSYCHOLOGICAL THEORIES
- refers to the theories that attribute criminal behavior of individuals to psychological
factors, such as emotion and mental problems.

a. Sigmund Freud

- he is recognized as the FATHER OF PSYCHOANALYSIS


- known for his psychoanalytic theory
- according to him, criminality is caused by the imbalance of the three (3) components
of personality: the id, the ego, and the superego.
- according to him there are three parts of personality:

1. ID – this stands for instinctual drives; it is governed by the “pleasure principle”; the
id impulses are not social and must be repressed or adapted so that they may
become socially acceptable

2. EGO – this is considered to be the sensible and responsible part of an individual’s


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

3. SUPEREGO – serves as the moral conscience of an individual; it is structured by


what values were taught by the parents, the school and the community, as well as
belief in God; it is largely responsible for making a person follow the moral codes of
society

4. SOCIOLOGICAL THEORIES
- sociological factors refer to things, places and people with whom we come in contact with
and which play a part in determining our actions and conduct. These causes may bring
about the development of criminal behavior.

a. Emile Durkheim
- he stated that crime is a normal part of the society just like birth and death.

- proposed the concept of “anomie” or the absence of social norms. It is


characterized by disorder due to lack of common values shared by
individuals, lack of respect for authority and lack of appreciation for what is
acceptable and not acceptable in a society.
b. Gabriel Tarde

- introduced the theory of imitation which proposes the process by which


people become criminals.

- according to this theory, individuals imitate the behavior of other individuals


based on the degree of their association with other individuals and it is inferior or
weak who tend to imitate the superior and strong.

c. Adolphe Quetelet and Andre Michael Guerry

- He repudiated the free will doctrine of the classicists

- founder of cartographic school of criminology.

- founder of moral statistics.

- cartographic school of criminology made use of statistical data such as


population, age, gender, occupation, religious affiliations and social economic
status and studies their influences and relationship to criminality.

MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION

- environmental factors such as the kind of rearing or family upbringing, quality of teaching
in school, influences of peers and friends, conditions of the neighborhood, and economic
and other societal factors are believed to be contributory to crime and criminal behavior.

1. SOCIAL STRUCTURE THEORIES


- refers not only to the physical features of the communities but also to the way society is
organized.
- include such things as level of poverty and unemployment and the amount of crowded
housing which are believed to affect behavior and attitudes of individuals which in turn
contribute to their commission of crimes.
- also called social environment
- includes social disorganization theory, strain theory and cultural deviance theory.

a. Social Disorganization Theory


- popularized by Clifford Shaw and Henry McKay.
- according to this theory, crimes in urban areas are more prevalent because residents
have impersonal relationships with each other.
- increase in the number of broken families and single parenthood are also very
common in disorganized communities.
- another feature of disorganized community is poverty as evidenced by poor living
conditions such as rundown houses, unsanitary and unsightly streets and high
unemployment rates.

b. Strain Theory
- strain refers the individual’s frustration, anger and resentment.
- holds that crime is a function of the conflict between the goals people have and the
means they can use to legally obtain them. This also argues that the ability to obtain
these goals is class dependent; members of the lower class are unable to achieve
these goals which come easily to those belonging to the upper class. Consequently,
they feel anger, frustration and resentment, referred to as STRAIN.

c. Cultural Deviance Theory


- gives emphasis on the concept of culture and sub-culture.
- according to this theory, because people in the lower class feel isolated due to
extreme deprivation or poverty, they tend to create a sub-culture with its own set
of rules and values. This is characterized by deviant behavior which results in
criminal behavior among its members.

1. SOCIAL PROCESS THEORY


- refers to a group of theories which point to the individual’s socialization process as the cause
for the commission of crimes. These theories cite interaction with people and experiences
and exposure to different element in the environment as primary factors to criminality.
- under this theory is the social learning theory which in turn has three (3) sub-theories:
differential association theory, differential reinforcement theory and neutralization theory.

a. Differential Association Theory


- formulated by Edwin Sutherland
- this theory states that criminal behavior is learned through socialization.
- criminal behavior is learned in interaction with other persons in a process of
communication.

b. Differential Reinforcement Theory


- according to this theory, individual’s behavior depends on how people around him
react toward s his behavior.
- an act that is rewarded is repeated; an act that is punished will be avoided.

c. Neutralization Theory

- introduced by David Matza and Gresham Sykes.


- sometimes referred to as “drift theory”
- according to this theory, people know when they are doing something wrong, however,
they rationalize and justify their actions. This rationalizing is what we called
“neutralization”.

2. SOCIAL REACTION THEORY


- more commonly called labeling theory.
- it states that people become criminals when significant members of society label them as
such and they accept those labels as a personal identity.

3. SOCIAL CONTROL THEORIES


- maintain that everyone has the potential to become criminal but most people are controlled by
their bonds to society.
- social control refers to the agencies of social control such as family, school, religion or
church, government and laws and other identified authorities in society.
- there are two (2) sub-theories: containment theory and social bond theory.

a. Containment Theory
- proposed by Walter Reckless
- he stated that inner and outer containments help prevent juvenile offending.
- containment means the forces within and outside the individual that has the
power to influence his actions.
- inner containments include positive self-concept, tolerance for frustration and an
ability to set realistic goals.
- outer containments include family.

b. Social Bond Theory

- propagated by Travis Hirschi


- this theory views crime as a result of individuals with weakened bonds to social
institutions.
- according to this theory, there are four (4) elements of social bonds: attachment,
commitment, involvement and belief.

d. attachment – refers to the degree to which an individual care about the


opinions of others.
e. commitment – refers to an individual’s investment of energy and emotion in
conventional pursuits, such as getting good grades.
f. involvement – refers to the amount of time an individual spends on a
conventional pursuit.
g. belief – refers to acceptance of the norms of conventional society.

CRIMES AND CRIMINALS

CRIME – refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it (Reyes 2006).

CLASSIFICATION OF CRIMES

LEGAL CLASSIFICATIONS:

1. According to law violated

a. Felony – an act or omission punishable by law which is committed by means of dolo


(deceit) or culpa (fault)and punishable under the Revised Penal Code

b. Offense – an act or omission in violation of a special law

c. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing crime:


a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it
is called intentional felonies.
 freedom or voluntariness
 intelligence
 intent

b. By means of culpa or fault


- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and the injury caused by the
offender is unintentional, it being the simply the incident of another act performed
without malice
 lack of foresight
 lack of skill
 negligence
 imprudence

3. According to the stages in the commission:


a. Attempted – the crime is attempted when the offender commences the commission
of a felony directly or over acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
b. Frustrated - when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless do not produce it by
reason of causes independent of the will of the perpetrator.
c. Consummated - when all the elements necessary for its accomplishment and
execution are present

4. According to plurality:

a. Simple Crime – is a single act constituting only one offense.


b. Complex Crime – single act constituting two or more grave felonies or an is a
necessary means for committing the other

Two (2) Kinds of Complex Crime:

1. compound crime (delito compuesto)

2. complex crime proper (delito complejo)

5. According to gravity:

a. Grave felonies - are those to which the law attaches the capital punishment or penalties
which in any of their period are afflictive.
b. Less grave felonies - are those which the law punishes with penalties which in their
maximum period are correctional.
c. Light felonies - are infraction of laws for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided.

6. According to the nature of the act:

a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery, etc.
b. Crimes mala prohibita – are acts which are prohibited only because there are laws
forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME:

1. According to the result of the crime:

a. Acquisitive crime – if the offender acquired or gained something by committing the


crime. Examples are robbery, estafa, bribery, etc.
b. Destructive crime – if the crime resulted in destruction, damage or even death.
Examples are arson, murder and homicide, damage to property, etc.

2. According to the time or period of commission:

a. Seasonal crimes – are crimes that happen only during a particular season or period of
the year. Examples are violation of election law, tax law violations, etc.
b. Situational crimes – are crimes committed when the situation is conducive to the
commission of the crime and there is an opportunity to commit it. Examples are
pickpocketing, theft, etc.

3. According to the length of time of the commission:

a. Instant crimes – are those crimes that can be committed in a very short time. Example:
theft
b. Episoidal crimes – are crimes committed through series of acts or episodes and in much
longer time. Example: serious illegal detention

4. According to place or location:

a. Static crimes – are committed only in one place. examples are theft and robbery
b. Continuing crimes – are crimes that take place in more than one place or several
places. examples: abduction, kidnapping, etc.

5. According to the use of mental faculties:

a. Rational crimes – when the offender is capable of knowing what he is doing and
understanding the consequences of his actions.
b. Irrational Crimes – when the offender suffers from any form of mental disorders,
insanity or abnormality. Thus, the offender doesn’t know what he is doing.

6. According to the type of offender:

a. White Collar Crimes – crimes committed by those persons belonging to the upper
socio-economic status or in the course of his occupational activities.
b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of
livelihood.

CRIMINAL

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

CLASSIFICATIONS OF CRIMINALS

4. According to etiology

a. Acute criminal – is a person who committed crime as a result of reacting to a situation or


during a moment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal – is one who has mental disorder.
2. Normal criminal – a person who commits crimes because he looks up to,
idolizes people who are criminals.

2. According to the type of offender:


a. Ordinary criminal – a criminal who engages in crimes which do not require specialized
or technical skill
b. Organized criminal – is one who possesses some skills and know-how which enable
him to commit crimes and evade detection.
c. Professional criminal – a highly skilled criminals which are engaged in a large scale
criminal activities ad usually operate in groups.

3. According to criminal activities:

a. Professional criminal – a criminal who earns his living through criminal activities.
b. Situational criminal – a person who got involved in criminal act because the situation
presented itself.
c. Habitual criminal – one who repeatedly commits criminal act for different reasons.
d. Accidental criminal – a person who accidentally violated the law due to some
circumstances.

STUDY OF CRIMINAL LAW

EVOLUTION OF CRIMINAL LAWS


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

B) THE EARLY CODES

1) CODE OF HAMMURABI

- Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first
codifier of laws
- it provides the first comprehensive view of the laws in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit for tat”,(an eye for an eye, tooth for a tooth) appears
throughout the Code
- under the principle of the law of talion, the punishment should be the same as the harm
inflicted on the victim

2) THE HITTITES

- the Hittites existed about two centuries after Hammurabi and eventually conquered Babylon

3) CODE OF DRAKON

- knows as the “ultimate in severity”

- codified by Drakon, the Athenian lawgiver of the seventh century BC

4) LAWS OF SOLON

- Solon was appointed archon and was given legislative powers


- Solon repealed all the laws of the Code of Drakon, except the law on homicide
- Solon was one of the first to see that a lawgiver had to make laws that applied equally to all
citizens and also saw that the law of punishment had to maintain proportionality to the crimes
committed

5) ROME’S TWELVE TABLES

- Roman law began with the Twelve Tables which were written in the middle of the sixth
century BC
- the Twelve Tables were the foundation of all laws in Rome and written in tablets of
bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed of
patricians

CRIMINAL LAW

– is that branch of public law which defines crimes treats of their nature and provides for their
punishment.

Revised Penal Code or Act No. 3815

– book that contains the Philippine Criminal Law and different special laws and decrees which
are penal in nature. It is called as RPC because the old penal code which took effect in the country
on July 14, 1887 and was in force until Dec. 31, 1931 was revised by the Committee created by
Administrative Order No. 94 of the Department of Justice, dated Oct. 18, 1927, composed of Anacleto
Diaz as Chairman, Alex Reyes and Mariano de Joya as members.The RPC was approved on Dec. 8,
1930 and took effect on January 1, 1932.

Principal Parts of the RPC

It is composed of two books; book one which is composed of Articles 1-113 and book two
covering Articles 114-367.

a. Articles 1-20 – principles affecting criminal liability


b. Articles 21-113 – penalties including criminal and civil liability
c. Articles 114-367 – felonies

Characteristics of the RPC

1. Generality – the law is applicable to all persons within the territory irrespective of
sex, race, nationality or civil status except:

a. Head of state

b. Foreign diplomats, ambassadors, who are duly accredited to our


country

c. Foreign troops permitted to march within the territory

2. Territoriality - the RPC is applicable to felonies committed within the Philippine


territorial jurisdiction.
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands
such as bays, rivers and streams
c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore
measured at low tide
EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases committed outside the Philippine
territorial jurisdiction under the following circumstances:

a) should commit an offense while on Philippine ship or airship;


b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations
and securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the exercise of their
functions’
d) should commit any of the crimes against national security and law of nations

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet
punishable on the time the felony was committed. However, it may have a retroactive
effect if it is favorable to the accused who is not a habitual delinquent.

4. It is specific and definite.


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

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

6. There must be a penal sanction or punishment.


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

CRIME STATISTICS

- refers to the measure of the level or amount of crimes.


- The collection or study of numerical data of crimes recorded/reported to the police.
- it uses the terms index crimes and non-index crimes in classifying crimes.

Index crimes are crimes which are sufficiently significant and which occur with sufficient regularity to
be meaningful, such as murder, homicide, physical injury, robbery, theft and rape.

Non-index crimes are crimes that are not classified as index crimes. Violations of special laws and
other crimes against moral and order. These crimes are generated from the result of positive police
initiated operations.

STATISTICAL FORMULA:

1. Crime Solution Efficiency (CSE) – percentage of solved cases out of the total number of
reported crime incidents handled by the police for a given period of time. It is a general
measure of law enforcement agency’s investigative capability or efficiency.

Formula:
CSE = {¿ TotalNo.Noof. ofSolved
¿ Reported Cases }
Cases X 100

2. Crime Rate – the number of incidents in a given period of time for every 100, 000 inhabitants
of an area/place.

Formula:

{ }
Crime Volume
CR = ¿¿ X 100 ,000
Population

3. Average Monthly Crime Rate (AMCR) – the average number of crime incidents occurred
per month for every 100, 000 inhabitants in a certain area.

Formula:

{ }
Crime Volume
AMCR = ¿¿ X 100 ,000 ÷ no . of months
Population

4. Variance (or % change) – one way of analyzing crime trends. It measures the percentage
change over a given period of time.

Formula:

{ }
Current data− previous data
= ¿¿ X 100
previou s data

5. Crime Analysis

a. Percentage Share of Crime Volume of a Certain Area

Formula:

= {Crime
¿ Crime Volume Nationwide }
¿
volume of a certain area X 100

b. Percentage Share of the Occurrence of a Type of Crime

Formula:

{Total number }
of occurences of a type of crime X 100
¿ Crime Volume Nationwide
¿
II. Criminal Justice System

CRIMINAL JUSTICE SYSTEM


Criminal Justice System refers to the sum total of instrumentation which a society uses in the
prevention and control of crime and delinquency. It refers to the machinery of the state or government
which enforces the rules of conduct necessary to protect life and property and to maintain peace and
order.
It also comprises all the means used to enforce those standards of conduct which are
deemed necessary to protect individuals and to maintain general community well being.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:


1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM


Criminal Law is the basis that takes place in the Criminal Justice System. Only violations of
Criminal Law are being considered and processed in the Criminal Justice System. Where no violation
of Criminal Law or where no commission of the crime criminal justice as a process will not operate.

CRIMINAL LAW
Criminal Law is that branch of public, which defines crimes, treats of their nature, and
provides for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW


A. SUBSTANTIVE
-defines the elements that are necessary for an act to constitute as a crime and
therefore punishable.

B. PROCEDURAL
- refers to a statute that provides procedures appropriate for the enforcement of the
Substantive Criminal Law.
-
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

1. PRESUMPTION OF INNOCENCE
This means that those who are accused of crimes are considered innocent until proven guilty.
The accused is entitled to all the rights of the citizens until the accused’s guilt has been determined by
the court of law or by the accused’s acknowledgment of his guilt that he or she indeed committed the
crime. No less than the Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty.

2. BURDEN OF PROOF
In criminal cases means that the government must prove beyond “reasonable doubt” that the
suspect committed the crime. In order to make sure that only those who are guilty of the crime as
punished, our Rules on Evidence provides that the evidence, in order to be sufficient to convict an
accused for a criminal act, proof beyond reasonable doubt is necessary. Unless his guilt is shown
beyond reasonable doubt, he is entitled to an acquittal.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM


The criminal is the main character of the Criminal Justice System.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED


UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the
Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as
charged and the judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he
can really be considered as a CRIMINAL.

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:


1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections

PHILOSOPHIES BEHIND THE CJS


1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures

2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:


1. LAW ENFORCEMENT
- also called the POLICE pillar. It occupies the frontline of the CJS because they are regarded
as the initiator of the system. They are also the first contact of the law violator in the CJS process. It
investigates, makes arrests and prepares evidence against the suspects needed to prosecute them.

2. PROSECUTION
- takes care of evaluating the evidence and formally charges the suspects before the court. It
serves as screening process on whether to file a case base on evidence or dismiss the same and
determines what particular crime shall be formally filed and presents the burden of proof against the
suspect.

3. COURT
- conducts arraignment and trial. It issues warrant of arrest if the accused is at large and
acquits the innocent and adjudicate penalty for the accused if found guilty.

4. CORRECTION
- responsible for the incarceration and rehabilitation of the convicted person to prepare for
eventual reintegration in the community.

5. COMMUNITY
- helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s re-
entry and assists said penitent offender lead a new life as a responsible member of the society
- not under or independent among the branches of the government.

FIRST PILLAR: LAW ENFORCEMENT


The law enforcement pillar is the branch of the criminal justice system that has the specific
responsibility of maintaining law and order and combating crime within the society.
The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover”
of the Criminal Justice System. This pillar is also commonly referred to as the police pillar.
This pillar is comprised of the different law enforcement agencies in the country such as the
Philippine National Police, the National Bureau of Investigation, the Philippine Drug Enforcement
Agency, the Bureau of Customs, the Bureau of Internal Revenue, and the Land Transportation Office,
among many others.

PHILIPPINE NATIONAL POLICE


- organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A. 9708.

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 - the “Department of the Interior and Local Government Act of 1990”
-approved on Dec 13, 1990

2. RA 8551 – the “PNP Reform and Reorganization Act of 1998.


- approved on February 25, 1998.

3. RA 9708 - “An Act extending for 5 years the reglementary period for complying the
minimum educational qualification for appointment to the PNP and adjusting the promotion
system thereof”.
- Approved on August 12, 2009

PHILIPPINE NATIONAL POLICE


- a law enforcement agency under the DILG.
- under administrative control and operational supervision of the National Police Commission.
It is an organization that is national in scope and civilian in character, as provided by
Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and maintain
one police force which shall be national in scope and civilian in character…”
NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers the
entire breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government employees.

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military
attributes such as discipline.

POWERS AND FUNCTIONS OF THE PNP


1. Enforce all laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and explosives in accordance with law;
7. Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies and to security guards and private detectives, for the purpose of
their professions.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY


I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances relative to the
protection of lives and property, such as the Revised Penal Code, other special penal laws and
city and municipal ordinances.

II. CRIME PREVENTION - the elimination of the opportunity for the commission of a crime.

III. POLICE PATROL


Patrol has been described as the backbone of the police department. Theoretically,
patrol officers are the most valuable people in the organization.

IV. CRIME DETECTION


Crime detection is the discovery of the police that a crime had been committed.
There are traditional ways that occurrence of crime is made known to the police:
1) when the victim personally reports the crime to the police;
2) when a witness personally reports the crime to the police; and
3) when the police catches an offender while in the commission of a crime.

V. CRIMINAL APPREHENSION - the legal term for criminal apprehension is arrest.

ARREST
Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant

An arrest may be made on any day and at any time of the day or night, even on a Sunday.

WARRANT OF ARREST
- an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to take a person into custody in order that he
may be bound to answer for the commission of an offense
- shall remain valid until the person to be arrested has been arrested or has surrendered

CIRCUMSTANCES OF WARRANTLESS ARREST:

Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;

b. When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has
committed it; and

c. When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.

VI. SEARCH AND SEIZURE


Search refers to the examination of an individual’s person, house, papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution
of a criminal action

SEARCH WARRANT
- an order in writing issued in the name of the People of the Philippine, signed by a judge and
directed to a peace officer, commanding him to search for personal property described
therein, and bring it before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED


a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:


a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with identity and location of the
offender and provides evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)


The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
approval of Commonwealth Act No. 181 by the legislature
Tasked with organizing a Division of Investigation or DI patterned after the United States
Federal Bureau of Investigation were Thomas Dugan, a veteran American police captain from the
New York Police Department and Flaviano C. Guerrero, the only Filipino member of the United States
Federal Bureau of Investigation.
On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive Order No. 94 issued on October 4, 1947 renaming
it to what it is presently known, the National Bureau of Investigation (NBI).
The NBI is a government entity that is civilian in character, and national in scope which is
under the Department of Justice.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)


- created by the virtue of Republic Act 9165.
- serves as the implementing arm of the Dangerous Drug Board (DDB).
- Responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided in RA 9165.
- headed by Director General with the rank of Undersecretary, appointed by the President.
- The head of the PDEA is assisted by 2 deputies Director General, with the rank of
Assistant Secretary, 1 for Operations and 1 for Administration, also appointed by the
President.

SECOND PILLAR: PROSECUTION


Prosecution is the course of action or process whereby accusations are brought before a
court of justice to determine the innocence or guilt of he accused.
In a criminal action, it is a proceeding instituted and carried on by due course of law, before a
competent tribunal, for the purpose of determining the guilt or
The party in a criminal proceeding who instituted the criminal action is called the
prosecution.
The party against whom the criminal action was instituted is called the defense.
In all criminal prosecutions, the real offended party is the People of the Philippines, for a
crime is an outrage against, and its vindication is in favor of, the people in a sovereign state. Thus, all
criminal cases are titled “People of the Philippines vs. _____(the name of the accused).

THE PROSECUTOR
The prosecutor is the officer of the government whose function is the prosecution of criminal
actions partaking the nature of criminal actions. He is also referred to as public prosecutor and
fiscal.

THE NATIONAL PROSECUTION SERVICE (NPS)


The NPS was created by virtue of Presidential Decree No. 1275, entitled “Reorganizing the
Prosecution Staff of the Department of Justice and the Offices of the Provincial and City Fiscals,
Regionalizing the Prosecution Service and Creating the National Prosecution Service.” This law was
enacted on April 11, 1978.
The NPS is under the supervision and control of the Department of Justice (DOJ) and is
tasked as the prosecutorial arm of the government.
- headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to
R.A. 10071, otherwise known as the “Prosecution Service Act of 2010”.

PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof and should be held for trial (Sec. 112, Criminal Procedure, Rules of Court).
It is required to be conducted before the filing of the information for an offense where
the penalty prescribed by law is at least 4 yrs, 2 mos. and 1 day.
The purpose of conducting preliminary investigation is to establish probable cause.

Probable cause refers to the existence of such facts and circumstances as would excite a
belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged is guilty of the crime for which he is prosecuted. It is the degree of evidence required
in preliminary investigation.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:


a. Provincial or City Prosecutors and their assistants;
b. judges of the municipal trial courts and municipal circuit trial courts
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan’s special prosecutors as authorized by the Ombudsman
2. COMELEC’s authorized legal officers in connection with election offenses
3. special prosecutors appointed by the Secretary of Justice

COMPLAINT
- is a sworn written statement charging a person with an, offense, subscribed by the
offended party, any peace officer or other public officer charged ,with the enforcement of
the law violated.

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

An affidavit is a statement of facts under oath.


A subpoena is a process directed to a person requiring him to attend and to testify at the
hearing or the trial of an action, or at any investigation conducted under the law, or for the taking of his
deposition (Section 1, Rule 23, Rules of Courts).

INQUEST PROCEEDING
Inquest procedure is an inquiry made by the duty prosecutor to determine the legality of the
arrest made especially those arrests made without a warrant. Each police station or headquarters
should in principle also have designated inquest prosecutors to process inquest procedures with a
schedule of assignments for their regular inquest duties
This process requires the prosecutors to resolve the complaint the police filed in a prescribed
period which varies depending on the gravity of the offense:

light penalties = 12 hours


correctional penalties = 18 hours
afflictive penalties = 36 hours

BAIL
Bail is defined as the security given for the release of the person in the custody of the law,
furnished by him or the bondsman, to guarantee his appearance before any court as required under
the conditions as specified.
The purpose of bail is to secure the appearance of the accused before the court when so
required and to provide the accused of his temporary liberty while awaiting the processing and
disposition of the case filed against him

KINDS OF BAIL:
1. Property bond;
2. Corporate Surety;
3. Cash Deposit;
4. Recognizance.

THIRD PILLAR: COURT


Court, as the third pillar, is said to be the centerpiece of the criminal justice system and its
primary and most important function as a component of the criminal justice system is to decide
whether the accused is guilty or not guilty of the crime he is accused of committing . It is within
the power of this pillar to end the process for the accused or to proceed with the next pillar, which is
correction.
- a body to which the public administration of justice is delegated, being a tribunal officially
assembled under authority of law at the appropriate time and place for the administration of justice
through which the State enforces its sovereign rights and powers.
- a court is an organ of the government belonging to the judicial department whose function
is the application of the laws to controversies brought before it and the public for the administration of
justice

JUDICIAL POWER
- is the power to apply the laws to contests or disputes concerning legally recognized rights or
duties of and between the state and the private persons or between individual litigants in cases
properly brought before the judicial tribunals. It is vested in one Supreme Court and in such lower
courts as may be established by law.

POWER OF JUDICIAL REVIEW


- is the power of the Supreme Court to determine whether laws passed by Congress and acts
of the President are in accordance with the Constitution when the matter is raised.

NOTE: All courts have judicial power but only the Supreme Court has the power of judicial
review.

JURISDICTION
It is the authority of the court to hear and try a particular offense and to impose the
punishment provided by law.

VENUE
Refers to the place, location or site where the case is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:
1. The offense is one which the court is by law authorized to take cognizance of
2. The offense must have been committed within its territorial jurisdiction
3. The person charged with the offense must have been brought to its presence for trial,
forcibly, by warrant of arrest or upon his voluntary submission to the court.

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

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129


- otherwise known as the Judiciary Reorganization Act of 1980 which defines the
organization, composition and jurisdiction of the courts.

I. REGULAR COURTS

1. SUPREME COURT (SC)


- the highest court of the land.
- composed of a Chief Justice and 14 Associate Justices.
- has appellate jurisdiction over cases decided by the Court of Appeals and has the power of
judicial review.
- the court of last resort

2. COURT OF APPEALS (CA)


- headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.
- has appellate jurisdiction over cases decided by the Regional Trial Courts.
- It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also
those of the Court of Tax Appeals

3. REGIONAL TRIAL COURTS (RTC)


- presided by a Regional Judge.
- has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with
imprisonment of six (6) years and one (1) day and over.
- has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC.

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial


Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses
punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, (c)
damage to property through criminal negligence.

MUNICIPAL TRIAL COURTS (MTC)


- every municipality in the Philippines has its own Municipal Trial Court and every MTC
covers only one municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)


- These are the equivalent of the Municipal Trial Courts in cities outside Metropolitan Manila.

MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)


- A Municipal Circuit Trial Court is a municipal trial court which covers two or more
municipalities.

METROPOLITAN TRIAL COURTS (MeTC)


- are Municipal Trial Courts in the cities in the Metropolitan Manila Area as distinguished from
the other political subdivisions in the Philippines.

II. SPECIAL COURTS

1. SANDIGANBAYAN
- created under Presidential Decree No 1606.
- Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
- It is composed of a Presiding Justice and fourteen (14) Associate Justices.
- This special court is tasked to handle criminal cases involving graft and corruption and other
offenses committed by high- ranking public officers and employees in connection with the
performance of their functions.
- It has original exclusive jurisdiction over public officers accused of committing crimes in
relation to their official functions and whose salary grade is 27 and above.

2. COURT OF TAX APPEALS (CTA)


- created by Republic Act No 1125, as amended by Republic Act No 9282.
- Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.
- It is composed of a Presiding Justice and five (5) Associate Justices.
- - It has both the original and appellate jurisdictions over civil and criminal tax cases
involving the National Internal Revenue Code, Tariff and Customs Code and the Local
Government Assessment Code.

3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim
Personal Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain to family rights and duties as well as
contractual relations of Filipino Muslims. And decisions rendered by the Shari’a District Courts
are final.

JUDICIAL AND BAR COUNCIL (JBC)


The Judicial and Bar Council, or JBC, is a body created by the 1987 Philippine Constitution
under the supervision of the Supreme Court. It has the principal function of recommending appointees
to the Judiciary. All justices and judges are appointed by the President from a list of at least three (3)
nominees prepared by the Judicial and Bar Council.

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:


1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal

First Stage: ARRAIGNMENT


- the reading of the criminal complaint or information to the defendant, by the judge or clerk of
court, and the delivering to him a copy thereof, including a list of witnesses, and asking him
whether he pleads guilty or not guilty as charged
- the stage where the accused is formally informed of the charges against him by reading
before him the information or criminal complaint and asking him whether he pleads guilty or
not guilty as charged
- the stage where the issues are joined in criminal action and without which the proceedings
cannot advance further
- requires that the accused be personally or physically present in court

Plea is the response of the accused when asked whether he is guilty or not guilty of the offense
charged. It is of two kinds:
1. guilty plea, which must be unconditional; and
2. not guilty.

SECOND STAGE: PRE-TRIAL


- a conference called by the judge that requires the presence of both the prosecution and the
accused before the beginning of a trial
- mandatory in all criminal cases

The following are to be taken up during the conference:


a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but interposes a lawful
defense;
f. such other matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.

PLEA BARGAINING
- the process whereby the accused, the offended party and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval

THIRD STAGE: TRIAL


Trial is the examination before a competent tribunal, according to the laws of the land, of the
facts put in issue in a case, for the purpose of determining such issue. It is the period for the
introduction of evidence by both parties.
- the period for the introduction of evidence by both parties.
- it shall in no case exceed 180 days the first day of the trial, except as otherwise provided by
the Supreme Court.

FOURTH STAGE: JUDGMENT


- the adjudication by the court that the accused is guilty or not guilty of the offense charged and
the imposition of the proper penalty and civil liability
- defined as the decision or sentence of the given by a court as the result of proceedings
instituted therein

Judgment of Conviction - if the judge finds the accused guilty of the charges against him.

Judgment of Acquittal - if the judge finds the accused not guilty of the charges against him.

Promulgation of Judgment - is an official proclamation or announcement of the decision of the


court. The judgment is promulgated by reading in the presence of the accused and any judge of the
court in which it was rendered.

A judgment becomes final:


1. when the period for perfecting appeal an appeal has lapsed;
2. when the sentence is partially or totally satisfied or served;
3. when the accused expressly waives in wilting his right to appeal and
4. when the accused applies for probation.

FIFTH STAGE: APPEAL


- the elevation by an aggrieved party of any decision, order or award of a lower body to a
higher body, by means of a document which includes the assignment of errors, memorandum
of arguments in support thereof, and the reliefs prayed for.
- an appeal must be within fifteen (15) days from promulgation of judgment, the period for
perfecting an appeal.

- the accused may or may not appeal his case


- when the accused decides not to appeal his case, the decision becomes final and executory
- on appeal, the State is represented by the Solicitor General

FOURTH PILLAR: CORRECTIONS

Corrections is the fourth component of the criminal justice system. It is the branch of
administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It also deals with punishment, treatment and incarceration of
offenders.
It is composed of the institutional and non-institutional agencies of the government.

PENOLOGY
- a branch of criminology which deals with the treatment, management and administration of
inmates

PURPOSES/OBJECTVES OF MODERN CORRECTIONS:


1. RETRIBUTION
-imprisonment is supposed to be the payment of the offender to the victim or the victims
family for the crime he committed against him or them

2. DETERRENCE
- imprisonment is supposed to discourage convicted offenders from committing crimes again
because of their experience in the prison or jail
-at the same time, imprisonment is supposed to discourage

3. ISOLATION
- convicted offenders are separated from society to prevent them from committing another
crime
- at the same time, imprisonment protects law-abiding citizens from the harm criminals may
inflict on them

4. REFORMATION
- this involves the use of punitive and disciplinary measures such as solitary confinement to
modify or reform criminal behavior whose conduct and deportment is not totally responding to
rehabilitation programs

5. REHABILITATION
- based on the premise that through correctional intervention, such as educational and
vocational training and psychotherapeutic programs, an offender may be changed

6. REINTEGRATION
- the effort of correction to change criminal behavior should result in a situation and ability on
the part of the penitent offender to return to society in some productive and meaningful capacity in a
free community.

PENALTY
- the suffering that is inflicted by the State for the transgression of the law

PUNISHMENT
- it is the redress that the state takes against the offender member of society

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of the accused
has become final and executory. That is, when the judicial process has been completed and the court
issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for custody or
detention only, in which case the court issues a COMMITMENT ORDER.

MITTIMUS
- is a warrant issued by a court bearing its seal and the signature of the judge directing the jail
or prison authorities to receive the convicted offender for service of sentence.

COMMITMENT ORDER
- is a written order of a court or authority consigning a person to jail or prison for detention.

TWO DIVISIONS OF CORRECTIONS


1) Institutional Corrections
2) Non-Institutional Corrections
INSTITUTIONAL CORRECTIONS

DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:

OLD BILIBID PRISON


- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa

BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act of 1905,
enacted on 1 November 1905, as an agency under the Department of Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No 292 dated 22
November 1989.

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM


- was established in Southern Zamboanga on 21 August 1869.
- was established during the tenure of Governor General Ramon Blanco, whose patrol saint
the prison was named after.
- was established originally for persons convicted of political crimes
- considered the oldest penal facility in the Philippines.

2. IWAHIG PENAL COLONY


- established on 16 November 1904 in Puerto Princesa City, Palawan.
- originally served as a depository for prisoners who could not be accommodated at the Old
Bilibid Prison in Manila
- classified as a penal institution in 1907 by virtue of Act No 1723.

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)


- created by virtue of Act No 3579 enacted on November 1931.
- located at Welfareville, Mandaluyong City
- established to accommodate female prisoners
- the female prisoners from the Old BIlibid Prison were transferred to CIW on 14 February
1931.

4. DAVAO PENAL COLONY


- the first penal settlement founded and organized under Filipino Administration
- established in 21 January 1932 by virtue of Act No 3732
- located in the districts of Panabo and Tagum in Davao del Norte.

5. NEW BILIBID PRISON


- originally was located in Manila before it was transferred to Muntinlupa City in 1935
- officially named the New Bilibid Prison on 22 January 1941
- has three security facilities/camps:
a. maximum security – for those whose sentence is twenty years and above
b. medium security – also called Camp Sampaguita; for those whose sentence
is less than twenty years
c. minimum security – also called Camp Bukang Liwayway; for those who are
physically-handicapped, sixty-five (65) years old and above, and those who
have only six (6) months remaining in their sentence.

6. SABLAYAN PRISON AND PENAL FARM


- established on 27 September 1954 by virtue of Presidential Proclamation No 72
- located in Occidental Mindoro
- the facility where prisoners from the New Bilibid Prison are brought for decongestion
purposes
7. LEYTE REGIONAL PRISON
- was established in 16 January 1973 by virtue of Presidential Decree No 28
- situated in Abuyog, Southern Leyte
- admits convicted offenders from Region 6 and from the national penitentiary in Muntinlupa

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)


- an attached agency of the Department of Justice
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
- exercises over all control and supervision of all the corrections/prisons facilities
nationwide
- has custody of prisoners sentenced to imprisonment of more than three (3) years

2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each province. It shall be
under the supervision and control of the provincial governors.

3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act 6975,
exercises supervision and control over all district, city and municipal jail nationwide. Formally
established on January 2, 1991.

DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or
undergoing trial and awaiting judgment

SENTENCED PRISONERS - those convicted by final judgment and are serving their sentence

PD 29 – the law that classified prisoners

CLASSIFICATION OF PRISONERS

1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial

2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.

a. Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6


months.
b. City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
c. Provincial Jail – sentenced to 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion
Perpetua or Life Imprisonment.
PRISON
- derived from the Spanish word, “presidio”
- under the supervision of the national government through the Bureau of Corrections under
the Department of Justice
- has custody over convicted offenders whose sentence is imprisonment of three years and
one day and above

JAIL
- derived from the Spanish words, “jaula” and “caula”
- under the supervision of the local government through either the Office of the Provincial
Governor or Bureau of Jail Management and Penology, both under the Department of Interior
and Local Government
- has custody over convicted offenders whose sentence is imprisonment of three years or
less
- has custody over offenders who are in detention while undergoing investigation, undergoing
trial and awaiting judgment

NON-INSTITUTIONAL CORRECTIONS

1. BOARD OF PARDONS AND PAROLE


- grants parole and recommend to the President the grant of any form of executive clemency to
deserving prisoners or individuals
- reviews reports submitted by the Parole and Probation Administration and make necessary
decisions
- a functional unit under the Department of Justice.

2. PAROLE AND PROBATION ADMINISTRATION


- originally called Probation Administration and was created by virtue of PD 968 of 1976 to
administer the probation system
- was renamed Parole and Probation Administration by EO No 292
- given the added function of supervising prisoners who, after serving part of their sentence in
jails or prisons, are released on parole with parole conditions
- an attached agency to the Department of Justice

3. Department of Social Welfare and Development (DSWD) – renders services for Children in
Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006).

EXECUTIVE CLEMENCY
- the collective term for absolute pardon, conditional pardon, reprieve and commutation of
sentence.

1. PARDON
- is a form of executive clemency granted by the President as a privilege extended to convicts
as a discretionary act of grace

TWO (2) KINDS OF PARDON


a. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for the
b. CONDITIONAL PARDON - refers to an exemption of an individual, within certain
limits or conditions, from the punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal liability

2. REPRIEVE
- the temporary stay of the execution of a sentence, usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already affirmed by the Supreme Court
3. COMMUTATION OF SENTENCE
- an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter
term
- refers to the reduction of the duration of a prison sentence
- another prerogative of the President

4. AMNESTY
- a special form of pardon exercised by the President
- a general pardon extended to a certain class of people who are usually political offenders
- needs the concurrence or approval of Congress

PAROLE

- a procedure by which prisoners are selected for release on the basis of individual response
and progress within the correctional institution and a service by which they are provided with
necessary control and guidance as they serve the remainder of their sentence within the
community
- provided by Act No 4103, the Indeterminate Sentence Law, which took effect on 5 December
1933.

PROBATION
Is a disposition under which a defendant after conviction and sentence, is released subject to
conditions imposed by the court and under the supervision of a probation officer. It is a privilege
granted by the court to a person convicted of a criminal offense to remain in the community instead of
actually going to prison.
- provided by Presidential Decree No 986, the Probation Law of 1976

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System
The community is understood to mean as “elements that are mobilized and energized to help
authorities in effectively addressing the law and order concern of the citizenry.”

The responsibilities of the community in relation to Law Enforcement.


As one of the pillars or component of the Criminal Justice system, the community with its
massive membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:


(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of
organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the police but is
equally the concern of every citizen in order to have a peaceful place to live in.

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY


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

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


BARANGAY LEVEL

RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991


- provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- enacted on 10 October 1991
LUPONG TAGAPAMAYAPA
- It is a body of men created to settle disputes within the barangay level. It is also referred to
as the LUPON.
- The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the
Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20).
- Any resident of the barangay of reputable character may be appointed as member of the
Lupon. Members of the Lupon shall be appointed by the Barangay Chairman.
- The Lupon shall be constituted every three years.
- A Lupon member shall serve for a period of three years.
- Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of
disputes for the speedy resolution of disputes.

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

What matters fall under the jurisdiction of the Lupon?


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

VENUE FOR AMICABLE SETTLEMENT


- disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the Lupon of said barangay;
- those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent actually resides;
- all disputes involving real property or any interest shall be brought in the barangay where the
real property or the larger portion is situated;
- those arising at the workplace where the contending parties are employed or at the institution
where such parties are enrolled for study shall be brought in the barangay where such
workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT


Any individual who has a cause of action against another individual involving any matter
within the authority of the Lupon may complain, orally or in writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against the respondent
RESPONDENT – the person who is being complained of

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for
which the latter suffers damage which affords a party to a right to judicial intervention

What shall the Chairman do upon receipt of the complaint?


The Chairman shall meet with the respondent and complainant and mediate. If he fails in his
mediation within fifteen (15) days, he shall set a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their disputes
What shall the Pangkat do after its constitution?
- The Pangkat shall meet not later than three (3) days after their constitution, on the date set by
the Chairman, to hear both parties.
- Within how may days should the Pangkat settle the dispute?
- The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its
meeting. This period may be extended for another fifteen (15) days, at the discretion of the
Pangkat.
- The Pangkat shall meet not later than three (3) days after their constitution, on the date set by
the Chairman, to hear both parties.
- The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its
meeting. This period may be extended for another fifteen (15) days, at the discretion of the
Pangkat.
- All amicable settlement shall be in writing

Why should parties resort to amicable settlement before going to the police?

Because it is a pre-condition to filing of complaint in court:


“No complaint involving any matter within the authority of the Lupon shall be filed directly in
court unless there has been a confrontation between the parties before the Chairman or the Pangkat,
and that no conciliation or settlement has been reached as certified by the Secretary, or unless the
settlement has been repudiated by the parties.”
The amicable settlement shall have the force and effect of a final judgment of a court upon
the expiration of ten (10) days from the date of settlement.
III. THEORIES OF CRIME CAUSATION

Introduction to Criminological Theory


Several theories attempt to explain criminal behavior. Some theories assume:
• Crime is part of human nature.
• Crime is based on biological, psychological, sociological, and/or economic
aspects.
Theories is an assumption (or set of assumptions) that attempt to explain why or how things are
related to each other.
Criminological theory is the explanation of criminal behavior, as well as the behavior of
police, attorneys, prosecutors, judges, correctional personnel, victims, and other actors in the
criminal justice system.

CRITICAL THINKING
What is a theory? Why is it important to understand the various theories of criminal behavior?

THEORIES OF CRIME CAUSATION


1. DEMONOLOGICAL THEORY
⮚ Individual were thought to be possessed by good or evil spirits which caused good
or evil behavior.
⮚ During these times, guilt or innocence depends upon the survival or non- survival to an ordeal.

2. CLASSICAL THEORY
⮚ Crime is caused by the individuals free will.
⮚ Human beings are rational and make decisions freely and with understanding of consequences of
the act.
⮚Crime is an immoral form of human behaviour, such behaviour weakens society.
⮚Punishment is a necessary evil sometimes intended to deter criminals and serve as an example
to those who would violate the law.
⮚Crime prevention is possible through swift and certain punishment that counters possible gains
from criminal behaviour.
⮚More prisons and stiffer criminal laws with greater penalties for offenders are the best solutions to
crime.
⮚A school of thought based upon utilitarian notions of free will and the greatest good for the greatest
number.
⮚The decision to commit a crime is a rational decision, and is best countered through a deterrence-
based system.

KNOWN PERSONALITY IN CLASSICAL THEORY


1. Cesare Beccaria wrote An Essay on Crimes and Punishments.
⮚He argued that the only justified rationale for laws and punishments was the principle of
utility.
⮚The principle that a policy should provide “the greatest happiness shared by the greatest
number.”
⮚Beccaria believed the basis of society, as well as the origin of punishments and the right to
punish, is the social contract.
⮚The only legitimate purpose of punishment is special deterrence and general
deterrence.

Social contract - an imaginary agreement to sacrifice the minimum amount of liberty


to prevent anarchy and chaos.
Special deterrence - the prevention of individuals from committing crime again by
punishing them.
General deterrence - the prevention of people in general or society at large from
engaging in crime by punishing specific individuals and making examples of them.

⮚Beccaria is remembered today as a father of the classical criminal theory.


⮚Beccaria believed the best way to prevent and deter crime was to:
⮚Enact laws that are clear, simple, and unbiased, and that reflect the consensus of the
population.
⮚Educate the public.
⮚Eliminate corruption from the administration of justice.
⮚Reward virtue.

The main real-world drawbacks of Beccaria’s theory are:


⮚Not all offenders are alike—juveniles are treated the same as adults.
⮚Similar crimes are not always as similar as they might appear—first-time offenders are
treated the same as repeat offenders.

2. Jeremy Bentham
⮚ Opposed and condemn to death penalty. Founder of modern utilitarianism.
⮚ Bentham described “utility” as the sum of all pleasure that results from an action.

Utilitarianism is an ethical theory that states that the best action is the one that
maximizes utility in various ways.
⮚ He advocate economic freedom, separation of church and state, freedom of
expression, equal rights for women and divorce.

3. NEO-CLASSICAL THEORY
⮚ A modification of classical theory in which it was conceded that certain factors, such as insanity,
might inhibit the exercise of free will.

Neoclassical theory introduced the idea of:


⮚ Premeditation as a measure of the degree of free will.
⮚ Mitigating circumstances is a legitimate grounds for diminished responsibility.
⮚ Minors and lunatics should be exempt from liability.
⮚ Innocence must be presumed until proved guilty.
⮚ People have a right to reasonable bail and trial by jury.
⮚ People must be protected from actions that would kill them, take their liberty and violate
their privacy. In short rights of the accused must be recognized.

4. POSITIVIST SCHOOL OF THOUGHT


⮚ “Positivism” refers to a method of analysis based on the collection of observable scientific facts.
⮚ Is also called the Italian School of Thought because of its composition which are most likely
Italians.
⮚ These theorists focused on biological, psychological and sociological causation of crime.
⮚ Crimes committed due to uncontrollable internal or external factors that can be measured
and observed.
⮚ Positivism is the search for other multiple factors as the causes of criminal behaviour.
⮚ They agreed that in the study of crimesemphasis should be on scientific treatment of
criminal rather than penalties after conviction.
⮚ To them crime is a natural phenomenon which cannot be treated by punishment but by
rehabilitation of criminals.
⮚ Physical or mental defects has something to do with crimes.

KNOWN POSITIVIST
1. CESARE LOMBROSO
⮚ Considered the FATHER OF MODERN CRIMINOLOGY due to his application of modern
scientific methods to trace criminal behavior, however, most of his ideas are now discredited.
⮚ He studied “Characterology” or the relation between mental and physical characteristic of
person.
⮚ He claimed that criminals are distinguishable from non-criminals due to atavistic
stigmata (Atavistic anomalies) the physical features of creatures at an earlier stage of
development.
⮚ According to his theory, criminals are usually in possession of huge jaws and strong canine
teeth, the arm span of criminals is often greater than their height, just like that of apes who
use their forearms to push themselves along the ground.

CLASSIFICATION OFCRIMINALS BY LOMBROSO


1. Born Criminals – Those that have distinctive physical characteristics.
2. Insane Criminal – Refer to those that has abnormal mental state.
3. Criminaloid – One who commits crime due to less self control.
4. The Occasional Criminal – those who commit crime due to insignificant reasons
that pushed them to do on a given situation.
5. Pseudo-criminal – one who kill in self defense.
6. Criminal by Passion – Individuals who are easily influenced by great emotions.

KNOWN POSITIVIST
2. ENRICO FERRI – He worked on the social and economic factors to crimes.
⮚ He advocates crime prevention method rather than punishment.
⮚ He formulates the concept of “social defense” as justification of punishment.

CLASSIFICATION OF CRIMINALS BY FERRI


1. Born/Instinctive Criminals – Those who carries from birth by unfortunate heredity
a reduced resistance to criminal stimuli.
2. Insane Criminal – Refer to those that has abnormal mental state.
3. Passionate criminal who in two varieties, the criminal through passion (a
prolonged and chronic mental state) or through emotion (explosive and unexpected
mental state) due to congenital tendencies.
4. Occasional who constitutes majority of the law breaker and is the product of family
and social milieu.

3. RAFAELE GAROFALO – He traced the roots of criminal behaviour to psychological


equivalents which he called “moral anomalies”.
⮚ He believed that the true criminal is abnormal and lacks proper developmentof the altruistic
sensibilities.
⮚ He believed that this moral anomaly was heriditarily transmissible and established by
unimpeachable evidence.
⮚ He stress the importance of sound family environment and religious instruction for children
as crime prevention measure.

CLASSIFICATION OF CRIMINALS BY GAROFALO


1. Murderers – those who are satisfied from vengeance/revenge.
2. Violent – those who commit very serious crimes.
3. Deficient – those who commit crimes against property.
4. Lascivious – who commit crimes against chastity.

4. MODERN CLINICAL SCHOOL


⮚ It studies the criminal rather than the crime.
⮚ It studied the conditioning circumstances that explains his criminality and in order to obtain light
upon problem of how he should be handled.

PSYCHOLOGICAL THEORIES OF CRIME CAUSATION


PSYCHOANALYTIC/PSYCHO- DYNAMIC THEORIES
⮚ Psychoanalytic theories of crime causation are associated with the work of Sigmund
Freud who believed that people who had unresolved deep-seated problems were
psychopaths.
⮚ Psychopaths are characterized by no sense of guilt, no subjective conscience,and no
sense of right and wrong.
⮚ They cannot empathize with other people. They are also called sociopaths or antisocial
personalities.
⮚ Crime is caused by symptomatic deepseated problems and psychotherapy or
psychoanalysis is necessary in order to resolve the symptoms associated with the problems.
⮚ Freud believed that mind is divided in two parts, the conscious and the unconscious one.
⮚ The conscious mind includes everything that we are aware of where we can talk
and think about rationally.
⮚ The unconscious mind is a reservoir of unacceptable, unpleasant or undesirable
experiences.
⮚ Freud believed that unconscious continues to influence our behavior though we are
unaware.

ELEMENTS OF PERSONALITY ACCORDING TO FREUD


1. The ID – Is the only component of personality that is present from birth. It is unconscious,
instinctive and primitive behaviour. It is driven by pleasure principle.
2. Ego – Is responsible in dealing with reality to satisfy the need of the ID in acceptable manner.
3. Super Ego – This holds our internalized moral standards. It acts to perfect and civilized our
behavior.
⮚ It works to suppress all unacceptable urges of the ID and struggles to make the ego act upon
idealistic standards rather than realistic principle.

BEHAVIORAL THEORIES
⮚ Focus on behavioral modeling and sociallearning which were advocated much to the work of
Gabriel Tarde.
⮚ Gabriel Tarde believed on the three distinctive, yet interrelated process which characterized human
society.
⮚ These process includes invention, imitation and opposition.
⮚ Tarde advocates the three laws of imitation which includes the following:
a. The laws of close contact
b. The law of imitation of superiors by inferiors.
c. The law of insertion
⮚ Gabriel Tarde believed that the laws of immitation explains why people commit crime. His work is
known the theory of imitation and suggestion.

COGNITIVE THEORIES
⮚ This focuses on how individuals perception of the world influences his/her behavior.
⮚ It explains criminal behavior as a defect in moral thinking, thought process and mental
development.
⮚ This also help us understand how personality and intelligence is linked to criminal behavior.
⮚ Related to the cognitive theory is the work of Charles Goring entitled “The English convict”
⮚ He discovered a relationship between crime and flawed intelligence.
⮚ He opposed Lombroso’s findings however he did find that criminals are more likely to be insane,
unintelligent and exhibit poor social behaviour as well as inferiorphysical make up.

MENTAL ILLNESS AND CRIME


⮚ This explains criminal behaviour in relation to mental disease suffered by the offender.
⮚ Dominant among these mental diseases are, schizophrenia, bipolar disorder, paranoia, and
psychotic disorders.
Schizophrenia refers to group of psychotic disorder characterized by gross distortions of
reality, withdrawal of social interaction, disorganization and fragmentation of perception, also
referred as “mental deterioration” “demetia praecox” or “split mind.”
Psychotic behavior are groups of disorders involving gross structural defects in brain tissue
resulting to loss of contact with reality.
Bipolar disorder the person alternates between the hopelessness and lethargy of
depression and the overexcited, hyperactive, wildly optimistic state of mania.
Paranoid Personality Disorder - The essential feature for this type of personality disorder is
interpreting the actions of others as deliberately threatening or demeaning.

INTELLIGENCE AND CRIME


⮚ This explains criminal behaviour in relation the IQ level of a person.
⮚ Most criminals were accordingly of low intelligence quotient.
⮚ Earnest Albert Hooton works in his Physical Inferiority Theory, supporting the findings of Lombroso
with low mentality grade common to criminal.
⮚ Hooton also re-examined the works of Goring and found out that “ Tall thin men tend to commit
forgery and fraud, undersized men are thieves and burglars, short heavy person commit assault, rape
and other sex crimes; whereas average physique flounder around among other crimes.”

Description Of Hooton Findings


⮚ Criminals are less often married, more often widowed, and more often divorce.
⮚ Criminals are excessive in extractive, laborer and personal service occupation but deficient in trade,
professional clerical occupations.
⮚ Criminals are greatly inferior in educational attainment.
⮚ Tatooing are common among criminals.
⮚ Robbers are mostly unmarried and factory workers.
⮚ Rapists are largely divorced men and widowers.
⮚ Arsonist are deficient in single men and typically have blonde hair.

PSYCHOPATHIC PERSONALITY AND CRIME


⮚ Psychopathic Behavior also called personality or character disorder.
⮚ This pertains to an abnormal behaviors, which typically stemmed from immature and distorted
personality development, resulting in persistent maladaptive ways of perceiving and thinking.
⮚ People with antisocial personality disorder characteristically act out their conflicts and ignore normal
rules of social behavior.
⮚ These individuals are impulsive, irresponsible, and callous. Typically, the antisocial personality
has a history of legal difficulties, belligerent and irresponsible behavior, aggressive and even
violent relationships.

BIOLOGICAL THEORIES OF CRIME CAUSATION


I. PHYSIOGNOMY
This refers to the evaluation of a persons personality or character through an examination of
the person’s outward appearance.

Known Personality
1. Giambattista della Porta – Concluded that appearance and character were
related, if one resembles a donkey, such person is lazy and stupid.
2. Johann Kaspar Lavater – Concluded that one could determine criminal behaviour
through an examination of eyes, ears, nose, chin and facial shape.
3. Franz Joseph Gall – he pioneered cranioscopy or the external study of the skull in
relation to behaviour. Phrenology The study of the conformation of the skull based on
the belief that it is indicative of mental faculties and character.
4. Cesare Lombroso – assume that some people are ‘born criminals’, who are
physiologically distinct from non-criminals.
5. Richard Dugdale – made a study on the jukes family and believed on the
hereditary traits of criminal behaviour.
6. Henry H. Goddard –made a study on the Kalikak family (legitimate and illegitimate
descendants) and believed on the hereditary traits of criminal behaviour.
7. Francis Galton develop the concept of eugenics or the encouragement of “able”
couples to reproduce and for those who are not to stop reproducing as a solution to
poverty, disease, genetic deformities and crime.
8. Ernest Kretchmer
9. William Sheldon

II. PHYSIOLOGY OR SOMATOTYPE


This refers to the study of the body build of a person in relation to his temperament and
personality and the type of offense he is most prone to commit. It became popular in the 1st
half of the 20th century.

Proponents of the somatotype school of criminology:


1. ERNST KRETCHMER
⮚ He correlated body build and constitution with characters or temperamental reactions and
mentality.
⮚ He distinguished three (3) principal types of physiques:
a) Asthenic – lean, slightly built, narrow shoulders; their crimes are petty thievery
and fraud.
b) Athletic – medium to tall, strong, muscular, coarse bones; they are usually
connected with crimes of violence.
c) Pyknic – medium height, rounded figures, massive neck, broad face; they tend to
commit deception, fraud and violence.
⮚Three Categories of Behavior by Kretchmer
1. CYCLOTHEMES – Were manic depressive (pyknic) who tended to commit less
serious offenses that were more intellectual in nature.
2. SCHIZOTHEMES – Were anti social and apathetic, committing the more serious
violent offenses. Either (asthenic or athletic).
3. DISPLASTICS – Could be any body type but were characterized by highly charged
emotional states and unable to control their emotions. It is related to sexual offenses.

2. WILLIAM SHELDON
⮚ Formulated his own group of somatotype:

TYPE OF PHYSIQUE and TEMPERAMENT


a. Endomorphic equivalent to pyknik type.
Viscerotonic ⮚ Generally relax and comfortable small person, loves luxury and
essentially extrovert.
b. Mesomorphic equivalent to athletic type ⮚ With relative predominance of
muscles, bones and motor organs of the body with large wrist and hands.
Romotonic ⮚ active, dynamic; walks, talks and gestures assertively and
behaves aggressively.
c. Ectomorphic equivalent to asthenic ⮚ Relative pre- dominance of skin and its
appendages which includes the nervous system; it has fragile and delicate bones;
with droopy shoulders, small face and sharp nose, fine hair
Cerebrotonic ⮚ Introvert prone to allergies, skin troubles, chronic fatigue,
insomnia, sensitive skin and sensitive to noise and with relatively small body.

HEREDITY AS A FACTOR IN CRIMINALITY


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

2. HENRY GODDARD ∙
⮚Studied KALLIKAK FAMILY (legitimate and illegitimate descendants) and believed on the
hereditary traits of criminal behavior

Brain Neurotransmitters Theory


Some criminal behaviours are believed to be influenced by low levels of brain neurotransmitters (the
substances brain cells use to communicate)
⮚ Low levels of serotonin have been found in impulsive murderers and arsonists.
⮚ Norepinephrine may be associated with compulsive gambling.

XYY chromosome theory


⮚ Normal males have an XY chromosome.
⮚ The XYY Chromosome theory suggests that males with the XYY chromosome pattern are more
violent.
⮚ In a study of prisoners who had committed violent crimes a correlation was found between violent
offenders and the XYY chromosome. 1 in 1000 males have the XYY chromosome.
HORMONE THEORY
Hormones Criminal behaviors have also been associated with hormone abnormalities,
especially those involving:
• Testosterone (a male sex hormone)
• Progesterone and estrogen (female sex hormones)
Administering estrogen to male sex offenders has been found to reduce their sexual drives.

Modern Bio Criminology


Ongoing research has revealed numerous biological factors associated either directly or indirectly with
criminal or delinquent behavior:
⮚ chemical, mineral, and vitamin deficiencies in the diet
⮚ diets high in sugar and carbohydrates
⮚ hypoglycemia
⮚ ingestion of food dyes and lead
⮚ exposure to radiation
⮚ brain dysfunctions
⮚ Introduction of alcohol and drugs

Temperamental Theory
A theory suggesting four fundamental personality type related to body fluids or secretions.
1. Sanguine – (blood) seated in the liver and associated with courage and love.
2. Choleric – (yellow bile) seated in the gall bladder and associated with anger and bad
temper.
3. Melancholic – (black bile) seated in the spleen and associated depression, sadness and
irritability.
4. Phlegm – seated in the brain and lungs and associated with calmness and lack of
excitability.

This theory is popularized by Hippocrates.

THEORY OF EVOLUTION
Charles Darwin – advocator of the theory.
⮚ He claimed that humans, like other animals, are parasite.
⮚ Human is an organism having an animalistic behaviour and is dependent on other animals
for survival. Thus man steals to live.

FIVE BASIC RESPONSE TO PREVENT CRIME CAUSED BY BIOLOGICAL FACTORS


1. Individual treatment. This may be accomplished through medication, treatment, or
therapy. 2. Isolation. Done by locking the offender up and keep him or her physically
separated from larger society.
3. Sterilization. This would keep individuals from passing along defective genes to future
generations.
4. Deportation/Banishment. Sending the offender away from the community.
5. Kill the offender. If crime is truly biologically determined, these options, or close
derivatives of these options, would prove more useful than any punishment designed to
remove the pleasure from a criminal act.

SOCIOLOGICAL THEORIES OF CRIME CAUSATION


Sociological theories suggest that crime is shaped by factors external to the individual: their
experiences within the neighborhood, the peer group, and the family.

I. The Chicago School/Social Disorganisation Theory


Shaw and McKay found that patterns of delinquency were higher in areas
characterised by poor housing, poor health, socio-economic disadvantage
and transient populations.
⮚ This led them to suggest that crime was a function of neighbourhood
dynamics and not due to individual actors and their actions.
⮚ They claimed that areas settled by newly arrived immigrants experienced a
breakdown of social norms due to ethnic diversity and competing cultural
traditions.
⮚ Burgess is also an advocate of the theory, according to him place matters
in shaping a persons likelihood to commit crime. He also develop concentric
zone theory.
II. Concentric zone theory
Predicted that cities will take the form of five concentric rings with areas of
social and physical deterioration concentrated near city centre and more
prosperous areas located near the city’s edge.
⮚ Burgess argued that neighbourhood conditions, be that wealth or poverty
had a much greater determinant effect on criminal behaviour than ethnicity,
race or religion.

Social Disorganization
⮚ Is the condition in which the usual controls over delinquents are largely absent, delinquent
behavior is often approved by parents and neighbours, there are many opportunities for
delinquent behavior, and there is little encouragement, training, or opportunity for legitimate
employment.
⮚ It is a theory based on the assumption that social conditions such as poverty,
unemployment, poor schools, and substandard housing are significant factors contributing to
delinquency and crime.
Contemporary theories of crime, place and space include:
❖ Defensible space theory, which examines how the design of physical space is
related to crime;
❖ Broken windows theory, which looks the relationship between low level disorder
and crime; and
❖ Routine activities theory, which considers how opportunities to commit crime are
shaped by between people’s everyday movements through space and time.

III. Anomie/Strain Theory Anomie


is a concept developed by one of the founding fathers of sociology, Emile
Durkheim. It is described as the lack of social regulation in modern societies
or the dissociation of the individual from collective conscience.
⮚ His theory focused on the absence of norms in society which provides
setting conducive to crimes.
⮚ He believed that crime was not only normal but also functional.
Durkheim Proposed the following principle:
1. Crime is a natural thing in the society
2. The concept of wrong is necessary to give meaning to right.
3. Crime help society for changes it is functional.
Merton also supports Durkheim theory, Anomie for Merton is the
contradiction between the cultural goal of achieving wealth and the social
structure’s inability to provide legitimate institutional means for achieving the
goal.
⮚ Merton argued that people are naturally law- abiding but resort to crime
when frustrated in finding legitimate means to economic success.
TWO CATEGORIES OF ANOMIE
1. Macroside – caused when society fails to established clear limits
on goals and is unable to regulate the conduct of society.
2. Microside – referred as strain, it is the breakdown of society and
increases deviance which produces pressure for people to commit
crimes.
⮚ He also identified two kinds of strain, the structural caused by society
creating ideals where people struggles and individual which is an ideals
made by person himself for which he struggles to meet them.

IV. GENERAL STRAIN THEORY


Robert Agnew – the proponents of the theory influenced by Durkheim and
Merton.
⮚ His theory is based on the general idea that when people are treated badly
they may get upset and engage in crime.
⮚ He categorized strain into two;
(1) Prevention of goal
(2) Deprivation of valued things. ⮚ Agnew gave three goals that are
commonly not achieve; money, status/respect and autonomy.

V. Differential Opportunity Theory


Richard Cloward and Lloyd Ohlin argued that the type of adaptation made
by juvenile gang members depends on the illegitimate opportunity available
to them. The gist of this theory is the lack of legitimate opportunity for a
person to pursue his necessities, for this reason, they engage in crime.
Criminality stems from blocked opportunities based on where one lives, who
one knows, and what skills, talents, and resources one has.
They identified three gang subcultures:
❑ Criminal subculture — formed to make money.
❑ Conflict subculture —formed to vent anger if they can’t make
money and to show frustration by committing violent offenses.
❑ Re-treatist — formed by those who can’t join gangs and at the
same time cannot succeed in legitimate way, and become alcoholics,
drug addicts, and prostitutes as a last resort.
VI. Sub-cultural theory
Albert K. Cohen adapted Merton’s anomie or strain theory to explain gang
delinquency. For Cohen, Anomie is caused by the inability of juveniles to
achieve status among peers by socially acceptable means.
Juveniles unable to achieve status through socially acceptable
means either:
• conform to middle-class values and resign themselves to their
inferior status, or
• rebel and establish their own value structures, then find others like
themselves and form groups to validate and reinforce the new
values. Cohen called this process reaction formation.
Subculture is a group that has values that are different to the mainstream
culture.
This theory explains criminal behaviour as a result of peer pressure.

VII. Social Control Theory


Strictly speaking control theory does not address the causes of crime, but
rather focuses on why people obey the law. In other words, it explains
conformity rather than deviance. Travis Hirschi One who proposed control
theory according to him, people conform to social norms due to strong social
bonds. Conversely, they engage in delinquent acts when these bonds are
broken or weak. Strong social and emotional ties to social values and norms
lessen the likelihood of deviant behavior
The key components of social bonds are:
1. Attachment: How strong or weak is an individual’s relationship
with others? Do these others expect certain kinds of behaviour (such
as obeying the law) from this individual? The stronger the attachment
and the stronger the expectations, the more likely it is that the
individual will conform.
2. Commitment: The more an individual commits his/herself to a
particular lifestyle (for example, being married, being a parent, having
a job), the more he/she has to lose if he/she becomes involved in
crime (and so deviate from the lifestyle).
3. Involvement: This component comes down to time – the more
time the individual spends engaging in law abiding behaviour, the
less time he/she has to engage in law breaking behaviour.
4. Belief: This relates to upbringing. If an individual has been brought
up to be law abiding, they are less likely to become involved in crime.

VIII. Right Realism/Rational Choice Theory


This branch of criminology sees individuals as rational actors: individuals are
capable of making their own choices, which includes choosing to commit
crime. In any course of action, individuals weigh up the likely benefits and
disadvantages of each action. Associated with the work of Cornish and
Clarke (1986). According to this theory, individuals not only decide to commit
crime, but decide when and where to commit crime.

IX. Left Realism/Relative Deprivation Theory


Left realism is a branch of critical criminology . It suggests that crime
happens when individuals or groups see themselves as being unfairly
disadvantaged compared to other individuals or groups who they see as
being similar to themselves. Since the disadvantage is perceived and
determined by an individual, it is a subjective assessment.

X. Feminist Criminology
⮚ Gender inequality lies at the heart of crime in which women are the victims
or the perpetrators.
⮚ Messerschmidt argues that some men express their masculinity through
the commission of crime. Elizabeth Stanko have paid particular attention to
male violence against women.
⮚ Hegemonic masculinity: the set of ideas, values, representations and
practices associated with ‘being male’ as the dominant position in gender
relations.
⮚ The principal goal of most feminist theory is to abolish patriarchy by
ensuring women equal opportunity and equal rights.
⮚ The essence of patriarchy is men’s control over women’s labor and
sexuality.

XI. Labeling theory


⮚ The theory that the formal and informal application of stigmatizing and
deviant “labels” or tags applied to an individual by society will not deter, but
rather instigate future deviant or criminal acts.
Frank Tannenbaum and Howard Becker two stages of deviance:
1. Primary deviance is the commission of criminal acts before the
individual is caught and punished.
2. Secondary deviance crimes committed due to the label society has
placed upon an offender.

XII. Containment Theory


⮚ Advocates by Walter Reckless, he argued that there are inner and outer
forces of containment that restrain a person from committing crime.
⮚ Inner forces stems from moral and religious belief or from personal sense
of right and wrong while outer forces came from family, teachers and others.
⮚ People are deterred from deviant behaviour because of the influence on
individuals of both internal and external social control factors.

XIII. Neutralization theory


⮚ Advocates by Gresham Sykes and David Matza
⮚ According to this theory criminals learn techniques that allow them to
rationalize their behaviour, deny responsibility for harm, and avoid being guilt
ridden.
⮚ Criminal feel bad for what they did, but have learned to cope with it.

XIV. Social learning theory


⮚ Proposes that both criminal and conforming behaviours are acquired,
maintained, or changed by the same process of interaction with others.
Therefore crime is the product of learning.
⮚ Bandura, Albert: Psychologist and child development expert, examined
stages of development and concluded that conduct develops at particular
stages when certain interaction stimuli are present.

XV. Differential Association Theory


⮚ By Edwin Sutherland (famous as the Dean of Modern Criminology) he
said that criminal behaviour is learned through association with a peer group
that engages in criminal behaviour
⮚ His theory is almost the same with social learning theory only that he focus
more on knowing the causes of criminal behaviour from learning rather than
on a broad approach of moulding behaviour through learning.
⮚ Sutherland’s theory was modified by several researchers and became
generally known as learning theory.
⮚ Learning theory explains criminal behavior and its prevention with the
concepts of positive reinforcement, negative reinforcement,
punishment, and modeling or imitation.
⮚ Learning theory argues that people commit crimes because they get
positive reinforcement or negative reinforcement.
⮚ Positive reinforcement is the presentation of a stimulus that increases or
maintains a response.
⮚ Negative reinforcement is the removal or reduction of a stimulus whose
removal or reduction increases or maintains a response
⮚ According to learning theory, criminal behavior is reduced, but not
eliminated, through extinction or punishment.

XVI. Conflict Theory


⮚ Criminal behaviour is based on the assumption that the sources of criminal
behaviour are class conflict and social inequality.
⮚ Thus, street crimes, even minor monetary ones are routinely punished
quite severely, while large scale financial and business crimes are treated
much more leniently. Theft of a television might receive a longer sentence
than stealing millions through illegal business practices.
⮚ The criminal justice system and criminal law are thought to be operating on
behalf of rich and powerful social elites, with resulting policies aimed at
controlling the poor.
⮚ Conflict theory holds that crime results from the conflicts in society among
the different social classes, and that laws actually arise from necessity as a
result of conflict, rather than a general consensus. The fundamental causes
of crime are the social and economic forces operating within society.

XVII. Life Course Theory


⮚ As a concept, a life course is defined as “a sequence of socially defined
events and roles that the individual enacts over time.”
⮚ Consequentially, the events in one’s life ultimately shapes their disposition
towards or against a life of crime.
⮚ The life course approach examines an individual’s life history and how
early events influence future decisions and events such as marriage, divorce,
engagement in crime, or disease incidence.

XVII. Radical Theory


⮚ Radical theories argue that capitalism requires people to compete against
each other in the pursuit of material wealth.
⮚ The more unevenly wealth is distributed, the more likely people are to find
persons weaker than themselves that they can take advantage of in their
pursuit of wealth.
⮚ Radical theory defines crime as a violation of human rights

XVIII. Instrumentalist Theory


⮚ Advocated by Earl Richard Quinney
⮚ He argued that the state exist as a device for controlling the exploited
class.
⮚ Upper class creates law for their own interest.

XIX. Social class conflict and capitalism theory


⮚ Advocated by Karl H. Marx
⮚ Ruling class is responsible for the creation of criminal law, its
interpretation and enforcement.
⮚ All are reflected in the ruling class thus crime and delinquency are reflected
in the demoralized surplus of the population.

XX. Cartographical school of criminology


⮚ Pionereed by Adolphe J. Quetelet
⮚ Placed emphasis on social statistics in relation to crime. Example are age,
sex and social status.
⮚ Crime is also related to season.

XXI. Human Ecology theory


⮚ Pionereed by Robert Ezra Park
⮚ This theory is a study of the interrelationship of people and their
environment.
⮚ The theory maintains that crime is a function of social change that occurs
along with environmental change.
⮚ It also maintains that competition, conflict, social contract and social
hierarchy of people are major influences of criminal behavior and crime.

XXII. Self-Control theory


⮚ Develop by Hirschi and Gottfredson
⮚ Is a criminological theory about the lack of individual self control as the
main factor behind criminal behavior.

CRIME CAUSATION PIONEER AND PERSONAL PROFILE


⮚ Cesare, Marquis de Beccaria - Was an Italian philosopher and economist best known for his
treaties crime and punishment. He was born on March 15, 1738 in Milan Italy.
⮚ Enrico Ferri - He was an Italian criminologist and socialist born on 1856 and died on 1929. He was
best known as Lombroso’s associate.
⮚ Jeremy Bentham - Was an English philosopher and lawyer best known for the theory of
Utilitarianism. He was born in London on February 15, 1748 and live in Westminster.
⮚ Cesare Lombroso - An Italian university professor and criminologist, born on November 6, 1835 in
Verona, who became popular for his studies characterology.
⮚ Emile Durkheim - Was a French sociologist born in France in 1858. He studied in Paris and taught
sociology at the University of Bordeaux and Sorbonne in Paris, France.
⮚ Ezra Park - Was an American sociologist born on February 14, 1864 in Pennsylvania. He is best
known for his human ecology theory.
⮚ Sigmund Freud - An Australian neurologist and psychiatrist who founded Psychoanalytic School of
Psychology. He was born on May 6, 1856 and died on September 23, 1939.
⮚ Raffaele Garofalo - Born of Italy nobility in Naples in 1852. He was magistrate and professor of law
and was Lombroso’s student.
⮚ Earnest Hooton - Was a physical anthropologist, born on November 20, 1887 in Wisconsin,
United States. He began his tenure in Harvard University and became a highly respected professor.
⮚ Edwin Sutherland - Was an American sociologist, born on August 13, 1883 in Nebraska, United
States and died in 1950.
⮚ Ernest Kretschmer - Was a German psychiatrist, born on October 8, 1888 in West Germany. He
served as director of the neurological clinic of the university of Marburg.
⮚ Ernest Burgess - Was an American sociologist, born on May 16, 1886 in Tilbury, Ontario and died
December 27, 1966.
⮚ Walter Reckless - An American sociologist born on January 19, 1899 in Philadelphia,
Pennsylvania, US and died on September 20, 1988.
⮚ Robert Merton - Was an American sociologist,born on July 4, 1910 in Philadelphia, Pennsylvania
as Meyer Schkolnick and later changed his name to his present and popular name.
⮚ William Sheldon - Was an American psychologist, born on November 19, 1898 in Rhode Island
United States. He associates physique to crime.
⮚ Karl Marx - Was a German philosopher, economist, socialist and historian. Born on 1818 and in the
year 1940.
⮚ Adolphe Quetelet - Born on 1796 in France and Andre Michel Guerry of Belgium and died in the
year 1874.
⮚ Lloyd Ohlin - An American sociologist and criminologist who taught at Harvard Law school,
Columbia University and University of Chicago. Born on August 27, 1918 and died on December 6,
2008.
⮚ Robert Agnew - He is a professor of sociology at Emorg University and past President of American
society of criminology. Born on December 1, 1953 in Atlantic City, New Jersey.
⮚ Travis Hirschi - Was an American sociologist and an emeritus professor of sociology at the
University of Arizona.
⮚ Charles Goring - Was a pioneer in criminology and author of the influential work “The Engligh
convict: a statistical study” Born in the year 1870 and died on May 1919 in the aged of 49.
⮚ Howard Becker - Is an American sociologist born on April 18, 1928. He made major contribution in
sociology of deviance. He is a graduate of University of Chicago.
⮚ Albert Cohen - Was a prominent American criminologist. He served as Vice-President of the
American Society of Criminology from 1984-1985. Born June 15,1918 and died November 25, 2014.
⮚ Gresham Sykes - Born May 26,1922 and died October 29, 2010. Was an American sociologist and
Criminologist.
IV. Law Enforcement Organization and Administration

ORIGIN OF THE WORD “POLICE”


POLITEIA – Greek word which means government of the city
POLITIA – Roman word which means condition of the state or government
POLICE – French word which was later adopted by the English language.

ORGANIZATION
- a group of persons working together for a common goal or objectives.
- a form of human association for the attainment of a goal or objective.

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.
The collective term for professionals who are dedicated to upholding and enforcing the laws and
statutes that are currently in force in a given jurisdiction.

THEORIES OF POLICE SERVICE


1) HOME RULE THEORY
-policemen are regarded as servants of the community, who rely for the efficiency of their functions
upon the express needs of the people .
-policemen are civil servants whose key duty is the preservation of public peace and security.
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.

CONCEPTS OF POLICE SERVICE


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
- 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.

FUNCTIONS IN A POLICE ORGANIZATION


1) PRIMARY OR LINE FUNCTIONS
❑ functions that carry out the major purposes of the organization, delivering the services and
dealing directly with the public.
2) STAFF/ADMINISTRATIVE FUNCTIONS
❑ functions that are designed to support the line functions and assist in the performance of the
line functions.
3) AUXILIARY FUNCTIONS
❑ functions involving the logistical operations of the organization.

❑ examples are communication, maintenance, records management, supplies and equipment


management

ORGANIC UNITS IN A POLICE ORGANIZATION


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 management.

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.

ORGANIZATIONAL CHART
❑ an illustration in the form of a chart which represents the organizational structure.

❑ the mechanical means of depicting the organizational structure.

ELEMENTS OF POLICE ORGANIZATION


1) UNITY OF COMMAND -dictates that there should only be ONE MAN commanding the unit to
ensure uniformity in the execution of orders.
2) SPAN OF CONTROL - the ability of one man to direct, coordinate, and control immediate
subordinates.
3) DELEGATION OF AUTHORITY -conferring of certain specified authority by a superior to a
subordinate.

ELEMENTS OF POLICE ORGANIZATION


4) HIERARCHY OF AUTHORITY -the relationship between superiors and subordinates
5) SPECIALIZATION -the assignment of particular personnel to particular tasks which are highly
technical and require special skills and training.
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 of their personnel and unit .
PHILIPPINE POLICING SYSTEM
On January 9, 1901, the Metropolitan Police Force of Manila was organized
pursuant to Act No. 70 of the Taft Commission. This has become the basis for the celebration of the
anniversary of the Manila’s Finest every January 9th.

1. ACT 175 – entitled “An Act Providing for the Organization and Government of an Insular
Constabulary”, established on August 8, 1901.
CAPT. HENRY ALLEN – the first chief of the Philippine Constabulary in 1901

2. ACT 183 – enacted on July 13, 1901, created the Manila Police Department.
CAPT GEORGE CURRY
❑ the first chief of police of the Manila Police Department in 1901.

3. R.A. 4864 – otherwise known as the Police Act of 1966, enacted on August 8, 1966; created the
Police Commission (POLCOM) as a supervisory agency to oversee the training and
professionalization of the local police forces under the Office of the President; later POLCOM was
renamed into National Police Commission (NAPOLCOM)

Martial Law Period


4. P.D. 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975;
established the Integrated National Police (INP) composed of the Philippine Constabulary (PC) as
the nucleus and the integrated local police forces as components, under the Ministry of National
Defense.
-transferred the NAPOLCOM from the Office of the President to the Ministry of National
Defense.

5. R.A. 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.

6. R.A. 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.

7. 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 PHILIPPINE
NATIONAL POLICE (PNP) AND ADJUSTING THE PROMOTION SYSTEM THEREOF, AMENDING
FOR THE PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC
ACT NO. 8551 AND FOR OTHER PURPOSES”

IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING


1. BGEN RAFAEL CRAME
❑ the first Filipino chief of the Philippine Constabulary on December 17, 1917
2. COL ANTONIO TORRES
❑ the first Filipino chief of police of the Manila Police Department in 1935
3. COL LAMBERTO JAVALERA
❑ the first chief of police of the Manila Police Department after the Philippine Independence
from the United States of America in 1946
4. P/DIR GEN CESAR NAZARENO
❑ the first chief of the Philippine National Police
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

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)


- formerly Department of Local Government (DLG)
-reorganized under R.A. 6975

ORGANIZATION:
Composition:
-the Department proper
-existing bureaus and offices of the DLG
-the National Police Commission
-the Philippine Public Safety College (PPSC)
-Philippine National Police (PNP)
-Bureau of Fire Protection (BFP)
-Bureau of Jail Management and Penology (BJMP)
-the PPSC, PNP, BFP and BJMP were created under RA 6975.
-headed by the Secretary to be appointed by the President and who shall serve at the pleasure of
the President.
-the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secretaries .
-Undersecretary for Local Government.
-Undersecretary for Peace and Order.
-No retired or resigned military officer or police official may be appointed as Secretary within one (1)
year from date of retirement or resignation.
-the Secretary is also the ex officio chairman of the National Police Commission.

RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND)


-under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external security
while the DILG was in charge with internal security.
- under RA 8551, the DILG shall be relieved of the primary responsibility on matters involving
suppression of insurgency and other serious threats to national security. The PNP shall through
information gathering and performance of its ordinary police functions, support the AFP on matters
involving suppression of insurgency.

NATIONAL POLICE COMMISSION


- an agency attached to the DILG for policy coordination.
-shall exercise administrative control and operational supervision over the PNP.

COMPOSITION:
-consist of a Chairperson, four (4) regular Commissioners and the Chief of PNP as ex officio
member.
-shall serve a term of office of six (6) years without reappointment or extension.
-three of the regular commissioners shall come from civilian sector who are neither active nor former
members of the police or military.
-the fourth regular commissioner shall come from the law enforcement sector either active or retired.
Provided, that an active member of a law enforcement agency shall be considered resigned once
appointed.
-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.

PHILIPPINE NATIONAL POLICE


organized pursuant to RA 6975, as amended by RA 8551
-a law enforcement agency under the DILG.
-under administrative control and operational supervision of the National Police Commission.
-it is an organization that is national in scope and civilian in character, as provided by Article XVI,
Section 6 of the 1987 Philippine Constitution:
“The state shall establish and maintain one police force which shall be national in scope and civilian
in character…”
-headed by the Chief, PNP, with the rank of Director General, appointed by the President and
who shall serve a term of office of four (4) years.

NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers the entire
breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government employees.

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military attributes such
as discipline.

POWERS AND FUNCTIONS OF THE PNP


-Enforce all laws and ordinances relative to the protection of lives and properties;
-Maintain peace and order and take all necessary steps to ensure public safety;
-Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and
assist in their prosecution;
-Exercise the general powers to make arrest, search and seizure in accordance with the Constitution
and pertinent laws;
-Detain an arrested person for a period not beyond what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
-Issue licenses for the possession of firearms and explosives in accordance with law;
-Supervise and control the training and operations of security agencies and issue licenses to operate
security agencies and to security guards and private detectives, for the purpose of their professions.

ORGANIZATION and COMPOSITION OF THE PNP


-shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
-Deputy Chief for Administration.
-Deputy Chief for Operations.
-the Chief PNP and the two (2) deputy chiefs shall be appointed by the President .
-no officer who is retirable within six (6) months shall be appointed Chief .
-the PNP shall be composed of a national office, regional offices, provincial offices, district offices, and
city or municipal stations.

CAMP RAFAEL CRAME


-the national headquarters of the Philippine National Police, located in Quezon City
-houses the offices of the following:
1. Chief, PNP
2. two (2) deputy chiefs
3. Chief, Directorial Staff
4. ten (10) directorial staff
5. ten (10) administrative support units
6. ten (10) operational support units

Directorial Staff
1. Directorate for Personnel and Records Management;
2. Directorate for Intelligence;
3. Directorate for Operations;
4. Directorate for Logistics;
5. Directorate for Integrated Police Operations
6. Directorate for Plans
7. Directorate for Comptrollership
8. Directorate for Police Community Relations
9. Directorate for Investigation and Detective Management
10. Directorate for Research and Development
11. Directorate for Information and Communication Technology Management.
12. Directorate for Human Resourse and Doctrine Dev’t

Administrative Support Units


1. Logistics Support Unit
2. Information Technology Management Service
3. Finance Service
4. Health Service
5. Communications and Electronic Service
6. Chaplain Service
7. Legal Service
8. Headquarters Support Service
9. Engineering Service
10. Training Service

Operational Support Units


1. Maritime Group
2. Intelligence Group
3. Police Security and Protection Group
4. Criminal Investigation and Detection Group
5. Special Action Force
6. Aviation Security Group
7. Highway Patrol Group
8. Police Community Relations Group
9. Civil Security Group
10. Crime Laboratory

POLICE REGIONAL OFFICES


-the PNP is divided into seventeen (17) police regional offices (PRO), each headed by a Regional
Director;
❑ PRO 1 – 13, NCRPO, CAR, and ARMM

PROVINCIAL POLICE OFFICES


-for every region, there are provincial offices, each headed by a Provincial Director
-in large provinces, police districts may be established to be headed by a District Director
-at the city or municipal levels or stations, each is headed by a Chief of Police

DISTRICT OFFICES
NCRPO is divided into five (5) districts, each headed by a District Director:
1. Manila Police District (MPD) (formerly Western Police District)- Manila
2. Eastern Police District (EPD) – Marikina, Pasig, San Juan and Mandaluyong,
3. Northern Police District (NPD) – Caloocan, Malabon, Navotas, Valenzuela
4. Central Police District (CPD) – Quezon City
5. Southern Police District (SPD) – Pasay, Makati, Paranaque, Las Pinas, Muntinlupa, Taguig and
Pateros

MANNING LEVELS (POLICE-TO-POPULATION RATIO)


1:500 – nationwide average
1:1000 – minimum police-to-population ratio

RANK CLASSIFICATION AND ITS COUNTERPART IN THE MILITARY


PNP AFP
Commissioned Officer
Four Star - Director General General
Three Star - Deputy Director General Lieutenant General
Two Star - Director Major General
One Star - Chief Superintendent Brigadier General
Three Sun - Senior Superintendent Colonel
Two Sun - Superintendent Lieutenant Colonel
One Sun – Chief Inspector Major
Two Anahaw Leaf – Senior Inspector Captain
One Anahaw Leaf - Inspector Lieutenant
Non- Commissioned Officer
Senior Police Officer 4 Master Sergeant
Senior Police Officer 3 Technical Sergeant
Senior Police Officer 2 Staff Sergeant
Senior Police Officer 1 Sergeant
Police Officer 3 Corporal
Police Officer 2 Private First Class
Police Officer 1 Private

KEY POSITIONS AND THEIR CORRESPONDING RANKS IN THE PNP


Chief – highest position in the PNP, with the rank of Director General.
Deputy Chief for Administration – the second-in command, with the rank of Deputy Director
General.
Deputy Chief for Operations – the third-in-command, with the rank of Deputy Director General
Chief Directorial Staff – with the rank of Deputy Director General
Head of Directorial Staff – with the rank of Director
NCR Director – with the rank of DIRECTOR
Regional Director- with the rank of Chief Superintendent
Provincial Director-with the rank of Senior Superintendent
NCR District Director - with the rank of Chief Superintendent
Chief of Police

STATUS OF THE MEMBERS OF THE PNP


-police officers are employees of the national government and shall draw their salaries from the
national budget .
-they shall have the same salary grade level as that of public school teachers, police officers assigned
in Metro Manila, chartered cities and first class municipalities may be paid financial incentives by the
local government unit concerned subject to availability of funds.

GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP (RA 6975, as amended by RA


8551 and RA 9708)
1. A citizen of the Philippines;
2. A person of good moral conduct;
3. Must have passed the psychiatric/psychological, drug and physical tests to be administered by the
PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical
and mental health;
4. Must possess a formal baccalaureate degree from a recognized institution of learning;
5.Must be eligible in accordance with the standards set by the Commission;
6. Must not have been dishonorably discharged from military employment or dismissed for cause from
any civilian position in the Government;
7. Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
8. Must be at least one meter and sixty-two centimeters (1.62 m) in height for male and one meter
and fifty-seven (1.57 m) for female;
9. Must weigh not more or less than five kilograms (5kgs) from the standard weight corresponding to
his or her height, age and sex; and
10. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age
Pursuant to RA 9708, “…PNP members who are already in the service upon the effectivity of
Republic Act No. 8551 shall be given five (5) years to obtain the minimum educational qualification
preferably in law enforcement related courses, to be reckoned from the date of the effectivity of this
amendatory Act: Provided, furthermore, That for concerned PNP members rendering more than
fifteen (15) years of service and who have exhibited exemplary performance as determined by the
Commission, shall no longer be required to comply with the aforementioned minimum educational
requirement.”

EXAMINATION AND ELIGIBILITY


The National Police Commission shall administer the entrance and promotional
examinations for police officers on the basis of the standards set by the Commission (as amended by
RA 8551).
-POLICE ENTRANCE EXAMINATION – taken by applicants of the PNP
-POLICE PROMOTIONAL EXAMINATIONS – taken by in-service police officers as part of the
mandatory requirements for promotion.
POLICE OFFICER EXAMINATION
SENIOR POLICE OFFICER EXAMINATION
INSPECTOR EXAMINATION
SUPERINTENDENT EXAMINATION

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-003


The appropriate eligibilities for PO1 are those acquired from the following:
- NAPOLCOM PNP Entrance Examination
- R.A. No. 6506 (Licensed Criminologist)
- R.A. No. 1080 (Bar and Board Examinations of baccalaureate degree)
- P.D. 907 (Granting Civil Service Eligibility to College Honor Graduates)
- Civil Service Professional

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-016


Promotional Examinations
-Members of the Bar and Licensed Criminologists whose profession are germane to law
enforcement and police functions are no longer required to take promotional examinations.
- Up to the rank of Superintendent.

APPOINTMENT OF UNIFORMED PNP PERSONNEL


PO1 to SPO4 – Appointed by the PNP Regional Director for regional personnel or by the Chief PNP
for the National Headquarters personnel.
INSP to SUPT – Appointed by the Chief of the PNP, as recommended by their immediate superiors.
SSUPT to DDG – Appointed by the President
Director General – Appointed by the President from among the senior officers down to the rank of
Chief Superintendent.

KINDS OF APPOINTMENT
PERMANENT – when an applicant possesses the upgraded general qualifications for
appointment in the PNP.
TEMPORARY – Any PNP personnel who is admitted due to the waiver of the educational or weight
requirements.
Any members who will fail to satisfy any of the waived requirements with the specified time
periods shall be dismissed from the service.
Pursuant to NAPOLCOM Memorandum Circular No. 2007-009, a newly recruited PO1 shall
be appointed in temporary status in twelve (12) months pending compliance with the Field Training
Program (FTP) involving actual experience and assignment in patrol, traffic and investigation.

APPOINTMENT UNDER WAIVER PROGRAM


(NAPOLCOM MC No. 2007-009)
1) Conditions on waivers for initial appointment to the PNP
a) The age, height and weight for initial appointment to the PNP may be waived only when the
number of qualified applicants falls below the approved national/regional quota.
b) The Commission en banc may grant age, height and weight waiver. The NAPOLCOM
Regional Director may grant height waiver to a member of an indigenous group.
c) Waiver of the age requirement may be granted provided that the applicant shall not be less
than twenty (20) nor more than thirty five (35) years of age.
d) Waiver of the height requirement may be granted to a male applicant who is at least 1
meter and 57 cm (1.57m) and to a female applicant who is at least 1 meter and 52cm (1.52m).
Provided, that the minimum height requirement for applicants who belong to indigenous group duly
certified by the Office of the Muslim Affairs (OMA) or the National Commission on Indigenous Peoples
(NCIP) shall be 1.52m for male and 1.45m for female
e) An applicant who is granted a weight waiver shall be given reasonable time not exceeding
six (6) months within which to comply with the said requirement. Failure to attain the required weight
shall cause the termination from the service.
2) Factors to be Considered in the Grant of Waivers
a) Outstanding accomplishments or possession of special skills in law enforcement, police
work, martial arts, marksmanship and similar skills;
b) Special talents in the field of sports, music and others;
c) Extensive experience or training in forensic science and other technical services.
3) Selection Criteria under the waiver program
a) Applicants who possess the least disqualifications shall take precedence over those who
possess more disqualifications.
b) The requirement shall be waived in the following order:
1) Age
2) Height
3) Weight

LATERAL ENTRY OF OFFICERS INTO THE PNP


1) In general, all original appointments of commissioned officers in the PNP shall commence with the
rank of inspector, to include all those with highly technical qualifications applying for the PNP technical
services (R.A. 6975).
a). Senior Inspector
1) Chaplain;
2) Member of the Bar;
3) Doctor of Medicine
b) Inspector
1) Dentist
2) Optometrists
3) Nurses
4) Engineers
5) Graduates of forensic science
6) Graduates of Philippine National Police Academy
Licensed criminologists may be appointed to the rank of inspector to fill up any
vacancy after promotions from the ranks are completed.

2) New policy on LATERAL ENTRY (NAPOLOCM M.C 2008-006


a) A person with highly technical qualifications such as:
1) Dentist
2) Optometrist
3) Nurse
4) Engineer
5) Graduate of Forensic Science
6) Doctor of Medicine
7) Member of the Philippine Bar
8) Chaplain
9) Information Technologist
10) Pilot
11) Psychologist
b) Graduate of PNPA
c) Licensed Criminologist
3) Top priority consideration for lateral entry into the rank of Police Inspector shall be given to top ten
(10) placers of the different Licensure Examinations. However, incumbent PNP members who landed
in the top ten shall be given first preference over the civilian provided that the qualifications are
satisfied.
4).The maximum age of PNP members applicants through lateral entry shall be forty six (46) years old
at the time of appointment. Age waivers shall not be allowed.

THE PNP PROMOTION SYSTEM


Promotion is defined as the upward movement from one classification or rank to another
carrying higher benefits and more responsibility. It is the upgrading of ranks and/or advancement to a
position of leadership.
KINDS OF PROMOTION
1. Regular Promotion
2. Special/ Meritorious/Spot Promotion
3. Promotion by virtue of position

I. Regular Promotion - promotion granted to police officers meeting the mandatory requirements for
promotion.

MANDATORY REQUIREMENTS FOR PROMOTION


1. Educational attainment
2. Completion of appropriate training/schooling, such as:
Master’s Degree - Chief Superintendent and above
Officers Senior Executive Course (OSEC) – Supt to Sr. Supt
Officers Advance Course (OAC) – Chief Insp.
Officers Basic Course (OBC) – Sr. Insp.
Officers Candidate Course (OCC) – SPOIV
Senior Leadership Course (SLC) – SPOIII to SPOIV
Junior Leadership Course (JLC) – POIII to SPOI
3. Time-in Grade – the number of years required for a police officer to hold a certain rank
before he can be promoted to the next higher rank. The time-in grade in the PNP is
maintained as follows (NAPOLCOM MC # 2011-196):
2 years – from Sr Supt to Chief Supt.
3 years – from Supt to Sr Supt
5 years – Chief Insp to Supt
5 years – Sr Insp to Chief Insp
4 years – Insp to Sr Insp
3 years – SPO4 to Insp
3 years – SPO3 to SPO4
3 years – SPO2 to SPO3
3 years – SPO1 to SPO2
3 years – PO3 to SPO1
3 year – PO2 to PO3
4 years – PO1 to PO2
4. Appropriate eligibility – the required promotional examinations
a. Police Officer Promotional Examination
b. Senior Police Officer Promotional Examination
c. Police Inspector Promotional Examination
d. Police Superintendent Promotional Examination
Except for the Chief, PNP, no PNP member who has less than one (1) year of service
before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any
other position.
- Pursuant to RA 9708, “…In addition, the institution of a criminal action or complaint
against a police officer shall not be a bar to promotion: Provided, however, That upon finding of
probable cause, notwithstanding any challenge that may be raised against that finding thereafter, the
concerned police officer shall be ineligible for promotion: Provided, further, That if the case remains
unresolved after two (2) years from the aforementioned determination of probable cause, he or
she shall be considered for promotion. In the event he or she is held guilty of the crime by final
judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate
penalties under applicable laws, rules and regulations:
-Provided, furthermore, That if the complaint filed against the police officer is for a crime
including, but not limited to, a violation of human rights, punishable by reclusion perpetua or life
imprisonment, and the court has determined that the evidence of guilt is strong, said police officer
shall be completely ineligible for promotion during the pendency of the said criminal case.”

II. Special Promotion – promotion granted to police officers who have exhibited acts of conspicuous
courage and gallantry at the risk of his/her life above and beyond the call of duty.
Conspicuous courage is a courage that is clearly distinguished above others in the performance of
one’s duty.

ACTS OF CONSPICUOUS COURAGE AND GALLANTRY (NAPOLCOM Memorandum Circular No.


2007-003 and PNP Memorandum Circular No. 2009-019)
1. A deed of personal bravery and self sacrifice above and beyond the call of duty, so conspicuous as
to distinguish the act clearly over and above his/her comrades in the performance of more than
ordinary hazardous service, such as; but not limited to the following circumstances:
a. Overwhelming number of enemies and firepower capability as against the strength of PNP
operatives and their firepower capability;
b. Infiltration and penetration of the safehouses and hideouts of organized crime syndicates
like kidnapping, illegal drugs, carnapping, hijacking and terrorism;
c. Shoot-out in robbery/hold-up incidents inside public places such as: malls, government
offices, business establishments and PUVs;
d. Conduct of rescue/disaster operations that resulted in the saving of lives and properties.
2. An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster
operations resulting in the loss of life (posthumous promotions).

Posthumous Award – in case an individual who distinguish himself dies before the granting of the
awards.

III. PROMOTION BY VIRTUE OF POSITION (Section 32, R.A. 8551)


Any PNP personnel designated to any key position whose rank is lower than that which
is required for such position shall, after six (6) months of occupying the same, be entitled to a rank
adjustment corresponding to the position.
Provided, that the personnel shall not be reassigned to a position calling for a higher rank until
after two (2) years from the date of such rank adjustment.

ATTRITION (RA 8551)


- Refers to the retirement or separation from police service of PNP uniformed personnel
pursuant to any of the means mentioned in Section 24 to 29 of RA 8551 and other means as provided
in NAPOLCOM Memorandum Circular No. 2008-005.)

MODES OF ATTRITION
a) Attrition by attainment of Maximum Tenure in Position.
Maximum Tenure in Position refers to the maximum cumulative period for a PNP member
to hold a particular position level.
Position Maximum Tenure
Chief Four (4) years
Deputy Chief Four (4) years
Director of the Staff Services Four (4) years
Regional Directors Six (6) years
Provincial/City Directors Nine (9) years
b) Attrition by Relief – A PNP uniformed personnel who has been relieved for just cause and has not
been given an assignment within two (2) years after such relief shall be retired or separated.
c) Attrition by demotion in position or rank – Any PNP personnel, civilian or uniformed, who are
relieved and assigned to a position lower than what is established for his or her grade in the PNP
staffing pattern and who shall not be assigned to a position commensurate to his or her grade within
EIGHTEEN (18) MONTHS after such demotion shall be retired or separated.
d) Attrition by non-promotion – Any PNP personnel who has not been promoted for a continuous
period of TEN (10) YEARS shall be retired or separated
e) Attrition by other means - Any PNP member of officer with at least five (5) years of
accumulated active service shall be separated based on any of the following:
1. inefficiency based on poor performance during the last two (2) successive annual rating
periods;
Poor performance refers to the poor rating in the promulgated PNP Performance Evaluation Rating
System.
2. Inefficiency based on poor performance for three (3) cumulative annual rating periods;
3. Physical and/or mental incapacity to perform police functions and duties.
4. Failure to pass the required entrance examinations twice and/or finish the required career
course except for justifiable reasons;
5. refusal to take periodic PNP Physical Fitness Test without justifiable reason.
Physical Fitness Test refers to the method of evaluating the physical condition of PNP members in
terms of stamina, strength, speed and agility.
6. failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to
health reasons;
7. failure to pass PNP Physical Fitness Test for Two (2) consecutive periodic tests or four (4)
cumulative periodic tests; or
8. non-compliance with the minimum qualification standards for the permanency or original
appointment.

RETIREMENT OR SEPARATION UNDER THE ATTRITION SYSTEM


Any personnel who is dismissed from the PNP pursuant to different ways mentioned, shall be
retired if he or she has rendered at least twenty (20) years of service and separated if he or she has
rendered less than twenty (20) years of service, unless the personnel is disqualified by law to receive
such benefits.

RETIREMENT
- the separation of the police personnel from the service by reason of reaching the age of
retirement provided by law, or upon completion of certain number of years in active service. A PNP
uniformed personnel shall retire to the next higher rank for purposes of retirement pay.

KINDS OF RETIREMENT
a) Compulsory– for officer and non-officer, upon the attainment of age Fifty-Six (56). Provided, in
case of any officer with the rank of CSUPT, Director or Deputy Director General, the Commission may
allow his retention in the service for an unextendible of one (1) year.
b)Optional – upon accumulation of at least Twenty (20) years of satisfactory active service.

RETIREMENT BENEFITS
Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of twenty years
of active service, increasing by TWO AND ONE-HALF PERCENT (2.5%) for every year of active
service rendered beyond twenty years.

CREATION OF WOMEN’S DESK


-provided by RA 8551
-women’s desk in all police stations shall administer and attend to cases involving crimes against
chastity, sexual harassment, abuses committed against women and children and other similar
offenses.
-the PNP shall reserve TEN PERCENT (10%) of its annual recruitment, training and education quota
for women.
-policewomen shall enjoy the same opportunities in terms of assignment, promotion and other
benefits and privileges extended to all police officers.

POWERS OF LOCAL GOVERNMENT OFFICIALS OVER THE PNP UNITS


- Governors and Mayors are deputized as representatives of the NAPOLCOM in their
respective territorial jurisdiction.
a) Provincial Governor
- power to choose the PNP Provincial Director from a list of 3 eligibles recommended by the
PNP Regional Director.
- oversee the implementation of the provincial public safety plan.
b) City and Municipal Mayors
- has the power to choose his CHIEF OF POLICE from a list of five (5) eligibles
recommended by the provincial police director.
-he has the authority to recommend to the provincial director the transfer, reassignment or detail of
PNP members outside of their respective city or town .
- Authority to recommend from a list of eligibles, the appointment of new members of the PNP to be
assigned in respective cities.
– exercise operational supervision and control over PNP units in their jurisdiction, except during the
30 days period immediately preceding and the 30 days following any national, local and barangay
elections.
-During the election period, local police forces shall be under the supervision and
control of the COMELEC.

Operational Supervision and control


- means the power to direct, superintend, and oversee the day to day functions of police investigation
of crime, crime prevention activities and traffic control.
- shall also include the power to direct the employment and deployment of units or elements of the
PNP, through the station commander, to ensure public safety and effective maintenance of peace and
order within the locality.
Employment -refers to utilization of units or elements of the PNP for purposes of protection of lives
and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of
criminal offenders and bringing the offenders to justice and ensuring public safety, particularly in the
suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy,
insurgency, subversion or other related activities.

Deployment - shall mean the orderly and organized physical movement of elements or units of the
PNP within the province, city or municipality for purposes of employment

SUSPENSION OR WITHDRAWAL OF DEPUTATION


- Unless reversed by the President, the NAPOLCOM may, after consultation with the provincial
governor and congressman concerned, suspend or withdraw the deputation of any local executives
for any of the following grounds:
1.Frequent unauthorized absences
2.Abuse of authority
3.Providing material support to criminal elements
4.Engaging in acts inimical to national security or which negate the
effectiveness of the peace and order campaign.

ADMINISTRATIVE DISCIPLINARY MACHINERIES


Citizen Complaints -pertains to any complaint initiated by a private citizen or his duly authorized
representative on account of an injury, damage or disturbance sustained due to an irregular or illegal
act committed by a member of the PNP

DISCIPLINARY AUTHORITIES:
1)CHIEF OF POLICE - where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not
exceeding fifteen (15) days
2) CITY/MUNICIPAL MAYORS - where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a
period not less than Sixteen but not exceeding Thirty (30) Days.
3) PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) -where the offense is punishable by
withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period exceeding Thirty (30) Days, or by Dismissal.

INTERNAL DISCIPLINE – On dealing with minor offense involving internal discipline found to have
committed by any PNP members, the duly designated supervisors shall, after due notice and
hearings, exercise disciplinary powers as follows:
1)CHIEF OF POLICE - may impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any
combination of the foregoing for a period not exceeding Fifteen (15) Days.
2)PROVINCIAL DIRECTORS - may impose the administrative punishment of admonition or
reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or
any combination of the foregoing for a period not exceeding Thirty (30) Days.
3)REGIONAL DIRECTORS - may impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; demotion; or
any combination of the foregoing for a period not exceeding Sixty (60) Days.
4)CHIEF OF THE PNP - shall have the power to impose the disciplinary punishment of dismissal
from the service; suspension or forfeiture of salary; demotion; or any combination of the foregoing
for a period not exceeding One Hundred Eighty (180) Days.

MINOR OFFENSE - shall refer to an act or omission not involving moral turpitude but affecting the
internal discipline of the PNP, and shall include but not be limited to:
-simple misconduct or negligence
-insubordination
-frequent absences or tardiness
-habitual drunkenness
-gambling prohibited by law

INTERNAL AFFAIRS SERVICE (IAS) -created by RA 8551


POWERS AND FUNCTIONS OF THE IAS:
- pro-actively conduct inspections and audits on PNP personnel and units;
- investigate complaints and gather evidence in support of an open investigation;
-conduct summary hearings on PNP members facing administrative charges;
-submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of
PNP personnel and units to the Chief PNP and the Commission;
-file appropriate criminal cases against PNP members before the court as evidence warrants and
assists in the prosecution of the case;
-provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP;
The IAS shall also conduct, motu proprio (on its own initiative), automatic investigation
of the following cases:
-incidents where a police personnel discharges a firearm;
-incidents where death, serious physical injury, or any violation of human rights occurred in the
conduct of a police operation;
-incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody
of police personnel;
-incidents where a suspect in the custody of the police was seriously injured; and
-incidents where the established rules of engagement have been violated.

ORGANIZATION OF IAS
-headed by the INSPECTOR GENERAL who is a CIVILIAN and appointed by the President upon the
recommendation of the Director General (Chief, PNP)
-the Inspector General shall be assisted by a Deputy Inspector General
-there shall be national, regional and provincial offices
-the national office shall be headed by the Inspector General, the regional offices by a Director, and
the provincial offices by a Superintendent

ENTRY QUALIFICATIONS TO IAS


-entry shall be voluntary
-PNP personnel with at least five (5) years experience in law enforcement
-with no derogatory service record
-members of the bar may enter the service laterally

PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)


- a body created pursuant to RA 6975.
- one of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s
complaint.
-the central receiving entity for any citizen’s complaint against the PNP members
- shall be created by the sangguniang panlungssod/bayan in every city and municipality as may be
necessary.
-there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel.
- membership in the PLEB is a civic duty.

COMPOSITION OF PLEB
composed of five (5) members who shall be as follows:
-any member of the sangguniang panlungsod/bayan.
-any barangay chairman of the locality concerned.
-three other members to be chosen by the local peace and order council from among the
members of the community.
-for the three other members, the following conditions must be met:
-one must be a woman
-one must be a lawyer, or a college graduate, or the principal of an elementary school in the q
locality
-the CHAIRMAN of the PLEB shall be elected from among its members
-the term of office of the members of the PLEB is THREE (3) YEARS

DISCIPLINARY APPELATE BOARDS


-formal administrative disciplinary appellate machinery of the National Police Commission.
-tasked to hear cases on appeal from the different disciplinary authorities in the PNP

COMPOSED OF THE FOLLOWING:


National Appellate Board
-shall decide cases on appeal from decisions rendered by the PNP Chief and the National Internal
Affairs Service
-shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer
REGIONAL APPELLATE BOARD
-shall decide cases on appeal from decisions rendered by the Regional Director, Provincial Director,
Chief of Police, the city or municipal mayor and the PLEB
-there shall be at least one (1) regional appellate board per administrative region

ADMINISTRATIVE PENALTIES
1. Withholding of privileges
2. Restriction to specified limits
3. Restrictive custody
4. Forfeiture of salary
5. Suspension
6. Any combination of the penalties above (1 to 5)
7. One (1) rank demotion
8. Dismissal from the service

POLICE PLANNING
PLANNING
- the determination in advance of how the objectives of the organization will be attained; involves the
determination of a course of action to take in performing a particular function or activity
- a management function concerned with visualizing future situation, making estimates concerning
them, identifying issues, needs and potential danger points, analyzing and evaluating the alternative
ways and means of reaching desired goals according to a certain schedule, estimating the necessary
funds and resources to do the work and initiating action in time to prepare what may be needed to
cope with changing conditions and contingent events

TYPES OF PLANS
PROCEDURAL PLAN OR POLICY PLANS
-deal with procedures that have been outlined and officially adopted by all members of the unit under
specified circumstances
-guidelines for actions to be taken.
It includes all STANDARD OPERATING PROCEDURES (SOP)

POLICY
-general plan of action that serves as a guide in the operation of the organization or unit
-codes of procedures

STANDARD OPERATING PROCEDURES (SOP’s)


1. S.O.P # 1 – Police Beat Patrol Procedures
2. SOP # 2 – Bantay-Kalye
3. SOP # 3 – Siyasat
4. SOP # 4 – REACT 166
5. SOP # 5 – LIGTAS (anti-kidnapping)
6. SOP # 6 – Anti-Carnapping
7. SOP # 7 – Anti-Terrorism
8. SOP # 8 – Joint Anti-Bank Robbery Action Committee (JABRAC)
9. SOP # 9 – Anti-Hijacking or Highway Robbery
10. SOP # 10 – PAGLALANSAG or PAG-AAYOS (against Partisan Armed Groups of Loose Fire)
11. SOP # 11 – Manhunt Bravo (wanted persons)
12. SOP # 12 – Anti-Illegal Gambling
13. SOP # 13 – Anti-Squatting
14. SOP # 14 – JERICHO
15. SOP # 15 – NENA (Anti-Prostitution)
16. SOP # 16 – Anti-Pornography
17. SOP # 17 – Guidelines in the Conduct of Arrest, Search and Seizure
18. SOP # 18 – Schematic Diagram of SANDIGAN Master Plan
19. SOP # 19 – Anti-Illegal Logging
20. SOP # 20 – Anti-Illegal Fishing
21. SOP # 21 – Anti-Illegal Drugs

EXAMPLES OF PROCEDURAL PLANS/POLICY PLANS


FIELD PROCEDURES
procedures intended to be used in all situations of all kinds shall be outlined as guide to
officers and men in the field, such as: procedures that relate to reporting, to raids, arrests, stopping
suspicious persons, receiving complaints, investigation, etc
HEADQUARTERS PROCEDURES
include the procedures to be followed in the headquarters, usually reflected in the duty
manual.
SPECIAL OPERATING PROCEDURES
procedures intended for specific operations to ensure uniformity of action
OPERATIONAL PLANS
- often called work plan
- the work program of the field units
- describe specific actions to be taken
- the work to be done is estimated, manpower and equipment is allocated, proper objectives
are defined and methods of accomplishment are developed
- statistical analysis is widely used

OPERATIONAL PLANS (OPLANS)


1. OPLAN JUMBO – ASG Strategic Plan against Terrorism
2. OPLAN SALIKOP – CIDG Strategic Plan against Organized Crime Groups
3. OPLAN DISIPLINA – TMG regarding vehicles and motorists
4. OPLAN BANTAY DALAMPASIGAN – operation security measures and sea borne security patrols
TACTICAL PLANS
-plans that concern methods of action to be taken at a designated location and under specific
circumstances
-generally emergency type plans that can be put into effect on the sudden occurrence of a condition
requiring their use
-planning for emergencies of a specific nature at known locations
-developed for specific situations as they arise
-examples are: planning for major accidents; calamities or disasters; special events; hostage-
taking situations, etc

ADMINISTRATIVE or MANAGEMENT PLANS


-those plans that relate to staffing, equipping, supplying and organizing
-include the structuring of functions, authority and responsibilities, the allocation of resources,
personnel management, budgeting and other concerns administrative in nature
-examples are: assignment and training of personnel; recruitment; equipment and supply
procedures, etc

EXTRA-DEPARTMENTAL PLANS
-those which require actions or assistance from persons or agencies outside of the department
-involve coordination with other agencies
-examples are: exchange of information on wanted persons, known drug syndicates, known
organized crime groups, stolen vehicles, etc

PNP MASTER PLANS


1. SANDIGAN-MILENYO – Anti-Criminality Master Plan
2. SANDUGO – master plan supporting the Internal Security Operations
3. BANAT – Anti-Illegal Drugs Master Plan
4. SANG-INGAT – Security Operations Master Plan
5. SAKLOLO – Disaster Management Master Plan
6. SANGYAMAN – Protection and Preservation of Environment, Cultural Properties and Natural
Resources.

NOTES ON LAW ENFORCEMENT ADMINISTRATION

LEA 1: POLICE ORGANIZATION AND ADMINISTRATION WITH POLICE PLANNING

POLICE
- refers to a body of civil authority, which is tasked to maintain peace and order, enforce the
law, protect lives and properties and ensure public safety.
- a public official with an extraordinary power to make an arrest and performing direct police
functions.

ORIGIN OF THE WORD “POLICE”


POLITEIA – Greek word which means government of the city
POLITIA – Roman word which means condition of the state or government
POLICE – French word which was later adopted by the English language

ORGANIZATION
- a group of persons working together for a common goal or objectives
- a form of human association for the attainment of a goal or objective
- the process of identifying and grouping the work to be performed, defining and delegating
responsibility and authority, establishing relationships for the purpose of enabling people work
effectively

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

ADMINISTRATION
- an organizational process concerned with the implementation of objectives and plans and
internal operating efficiency
- connotes bureaucratic structure and behavior, relatively routine decision-making and
maintenance of the internal order

POLICE/LAW ENFORCEMENT ADMINISTRATION


- the process involved in ensuring strict compliance, proper obedience of laws and related
statutes
- focuses on the policing process or how law enforcement agencies are organized and
managed in order to achieve the goals of law enforcement most effectively, efficiently and
productively

MANAGEMENT OR ADMINISTRATIVE FUNCTIONS (PODSCoRB)

1) PLANNING
- the determination in advance of how the objectives of the organization will be attained

2) ORGANIZING
- involves the determination and allocation of the men and women as well as the resource of an
organization to achieve pre-determined goals or objectives of the organization

3) DIRECTING
- involves the overseeing and supervising of the human resources and the various activities in
an organization to achieve through cooperative efforts the pre-determined goals or objectives
of the organization

4) CONTROLLING
- involves the checking or evaluation and measurement of work performance and comparing it
with planned goals or objectives of the organization, and making the necessary corrective
actions so that work is accomplished as planned

5) STAFFING
- the task of providing competent men to do the job and choosing the right men for the right job
- involves good selection and processing of reliable and well-trained personnel

6) REPORTING
- the making of detailed account of activities, work progress, investigations and unusual in
order to keep every one informed or what is going on

7) BUDGETING
- the forecasting in detail of the results of an officially recognized program of operations based
on the highest reasonable expectations of operating efficiency

ELEMENTS OF POLICE ORGANIZATION

1) UNITY OF COMMAND
- dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the
execution of orders

2) SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise

3) DELEGATION OF AUTHORITY
- conferring of certain specified authority by a superior to a subordinate

4) HIERARCHY OF AUTHORITY
- the relationship between superiors and subordinates

5) SPECIALIZATION
- the assignment of particular personnel to particular tasks which are highly technical and
require special skills and training

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 of their personnel and unit

THEORIES OF POLICE SERVICE

Continental = is the theory of police service which maintains that police officers are
servants of higher authorities. This theory prevails in the continental countries like France, Italy
and Spain.

Home Rule = the theory of police service which states that police officers are servants of
the community or the people. This theory prevails in England and United States. It is also the
police service which prevails in country with decentralized form of government. This is likewise the
police service theory that should prevail in the Philippines based on the existing laws, concepts and
principles.
CONCEPT OF POLICE SERVICE
a. Old police service = states that the yardstick of police proficiency relies on the number of
arrest made.

b. Modern police service = states that the yardstick of police proficiency relies on the absence
of crime.

EVOLUTION OF POLICING SYSTEM


 Praetorian guards = military bodies who serve as guardians of peace in ancient Rome in
which the idea of policing said to have originated
 Officer de la Paix = a French term which claimed to be the origin of the term Police Officer

1. Anglo-Saxon Period of Policing System (Ancient England)

A. Tun Policing System


A system of policing emerged during the Anglo-Saxon period whereby all male residents
were required to guard the town (tun) to preserve peace and protect the lives and properties of the
people.
About 700 AD, the people living in England in small rural towns used the Anglo-Saxon
System. Ten families in a town (tun) equaled a tithing. Each tithing elected a leader who was known
as the Tithingman. Since 10 tithings amounted to 100, the leader of the 100 families was named the
reeve. Both the tithingman and reeve were elected officials. They possessed judicial power as well
as police authority.

B. Hue and Cry


A village law started in Britain which provided methods of apprehending a criminal by an act
of the complainant to shout to call all male residents to assemble and arrest the suspect.

C. Trial by Ordeal
A judicial practice where in the guilt or innocence of the accused is determined by subjecting
him to an unpleasant, usually dangerous, experience. (In present terminologies, it would mean an
employment of a “3rd degree.”) The word “ordeal” was derived from the Medieval Latin word “Dei
Indicum” which means “a miraculous decision.”

2. Norman Period of Policing System

This system of policing existed during the time of Norman William The Conqueror (King of
France). When he invaded and conquered England, a military regime of conquers and dictators began
and changed the concept of crime being committed against the state.

A. Shire-Rieve
Shire-Rieve was a policing system during the Norman Period when England was divided into
fifty-five (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of the
army). The fifty-five (55) military divisions in England are called shires. The shire-rieve had absolute
powers that no one could questions his or her actions.
Two “Constabuli” or “The Keeper of the Horse” were appointed to each village to aid the
Rieve in his duties. It became the source of the word Constable.
The term “Shire-Rieve” is said to be the origin of the word “Sheriff.”

B. Travelling Judge or Circuit Judge


A judge selected to hear cases which were formerly being judged by the Shire-Rieve and
tasked to travel through and hear criminal case s. This was the first instance of the division of
the police and judicial powers.

C. Legis Henrici
An act that was enacted during this period with the following features:
 Offenses were classified as against the king and individual.
 Policeman becomes public servant.
 The police and the citizens have the broad power to arrest. It introduced the system called
“citizen’s arrest.”
 Grand Jury was created to inquire on the facts of the law. A system which made inquisition
onto the facts of a crime and eliminate the “Anglo-Saxon Trial or “Trial by Ordeal System.”

D. Frankpledge System
A system of policing whereby a group of ten neighboring male residents over twelve years
of age were required to guard the town to preserve peace and protect the lives and properties of the
people

3. Westminster Period of Policing System


It is called by this name because the laws governing policing came out of the capital of
England, which at the time was Westminster. This period has the following features:
 Guards were appointed and the duties of the constables at night (watch) and in daytime
(ward) were defined
 Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace.

Statute of 1295
The law that marks the beginning of the curfew hours, which demanded the closing of the
gates of London during sundown.

Justice of the Peace (About 1361)


Three or four men who were learned in the law of the land were given authority to pursue,
arrest, chastise and imprisonment violators of law. They handled felonies, misdemeanors and
infractions of city or village ordinances. This was later abolished about 75 years after.

Star Chamber Court (1487)


A special court designed to try offenders against the state. The room set-up is formed in a
shape of a star and judges were given great powers such as the power to force testimony from
a defendant leading to a great abuse of power or brutality on the part of the judges.

4. Keepers of the Peace

A proclamation issued by King Richard of England sometime in 1195 that required the
appointment of knights to keep the King’s peace by standing as guards on bridges and gates
while checking the people entering and leaving the cities and towns.

5. King Charles II of England (1663)


King Charles II passed an act which established or promoted the employment of watchmen
or bellmen to be on duty from sunset to sunrise.

6. Magna Carta or "The Great Charter"


A law promulgated by King John of England upon the demand of the Knights of the Round
Table forcing the King to sign the same with the following features:
 No freeman shall be taken, imprisoned, banished or exiled except by legal judgment of his
peers.
 No person shall be tried for murder unless there is proof of the body of the victim.

LONDON POLICING PRIOR TO 1829

Henry Fielding = appointed as Magistrate in 1748, introduced the first detective force, known as
the Bow Street Runners
Bow Runners = a group of men organized by Henry Fielding and named by his brother John Fielding
task to catch thieves and robbers
identified by carrying a Tipstaff with the Royal Crown
= made up of eight constables who also investigated crimes handed over to them by the
volunteer constables and watchmen
BEGINNING OF MODERN POLICING (1829)
Sir Robert Peel = appointed as Home Secretary in 1822
= recognized as the father of modern policing system

METROPOLITAN POLICE = organized in 1829 by Sir Robert Peel (Metropolitan Police Act of
1829)
= the largest of the police services that operate in greater London (the others include the City
of London Police and the British Transport Police)
= finest police force around the world.
= the headquarters of the Metropolitan Police Service is the Scotland Yard, now known as
the New Scotland Yard

TOTAL POLICING = motto of London Metropolitan Police

UNITED STATES OF AMERICA


1. NEW YORK POLICE DEPARTMENT
- created in 1845 in New York, USA
- recognized as the first modern style police department in the US
- the largest police force in the world
- modeled after the Metropolitan Police Service of London

2. BOSTON POLICE DEPARTMENT


- the oldest police department in the US
- the first night watch was established in Boston in 1631
- formally founded in May, 1854

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

III. BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

A. During the Spanish Regime


Maintenance of law and order is a part of the military system for the defense of the colony;
Locally organized police forces, although performing civil duties is a direct adjunct of the
colonial military establishments; (policemen in appearance yet colonial soldiers in the ultimate sense).
Police functions consisted mainly of (1) suppression of brigandage by patrolling unsettled areas;
(2) detection of local or petty uprising by spying upon the work and movements of the people and; (3)
the enforcement of tax collection including church revenues.
Cuardilleros = a body of rural police organized in each town established by Royal decree of Jan. 8,
1836. It mandates that 5% of the able bodied male inhabitants of each province where to be
enlisted in this police organization for 3 years. There services are originally not paid or gratuitous
subject to some privileges although in some province they received a proportionate pay ranging from
4.00 to 8.00 depending on the revenue collection.

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 who later
discharged the duties of a port, harbor and river police. It was later given special commission by Royal
Decree of December 20, 1842 and it was called – Cuerco De Seguridad Publica ( Corps of
Crabbiness for Public Security).

Gurdia Civil = Created by Royal decree on February 12, 1852, to partially relieve the Spanish
peninsula troops of their works in policing towns. It is consisted of a body of Filipino policemen
organized originally in each of the provincial capital of the province of Luzon under the Alcalde
Mayor.)
B. American Period

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

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

CAPT. HENRY ALLEN


- the first chief of the Philippine Constabulary in 1901

2. ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901

CAPT GEORGE CURRY,


- the first chief of police of the Manila Police Department in 1901

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

4. 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

C. 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)

D. Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established
the Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the
nucleus and the integrated local police forces as components, under the Ministry of National
Defense
- transferred the NAPOLCOM from the Office of the President to the Ministry of National
Defense

E. 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 PHILIPPINE
NATIONAL POLICE (PNP) AND ADJUSTING THE PROMOTION SYSTEM THEREOF, AMENDING
FOR THE PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC
ACT NO. 8551 AND FOR OTHER PURPOSES”

IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

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 LAMBERTO JAVALERA


- the first chief of police of the Manila Police Department after the Philippine Independence
from the United States of America in 1946

P/DIR GEN CESAR NAZARENO


- the first chief of the Philippine National Police
IV. 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

A. THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)


- formerly Department of Local Government (DLG)
- reorganized under RA 6975

ORGANIZATION:
- consist of:
a) the Department proper
b) existing bureaus and offices of the DLG
c) local government units (LGU)
1) provincial governors
2) city and municipal mayors
d) the National Police Commission
e) the Philippine Public Safety College
f) Philippine National Police
g) Bureau of Fire Protection
h) Bureau of Jail Management and Penology

- the PPSC, PNP, BFP and BJMP were created under RA 6975
- headed by the Secretary to be appointed by the President and who shall serve at the
pleasure of the President
- the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant
Secretaries
- Undersecretary for Local Government
- Undersecretary for Peace and Order
- No retired or resigned military officer or police official may be appointed as Secretary within
one (1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the National Police Commission
- refer to the organizational chart of DILG
-
POWERS AND FUNCTIONS OF THE DILG
1. Assist the President in the exercise of general 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 issuances 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.

RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND)


- under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external
security while the DILG was in charge with internal security
- under RA 8551, the Armed Forces of the Philippines is now in charge with both internal
and external security with the PNP as support through information gathering and
performance of ordinary police functions

B. NATIONAL POLICE COMMISSION


- an agency attached to the DILG for policy coordination
- shall exercise administrative control and operational supervision over the PNP

COMPOSITION:
- consist of a Chairperson, four (4) regular Commissioners and the Chief of PNP as ex
officio member
- 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

QUALIFICATIONS OF THE REGULAR COMMISSIONERS


- citizens of the Philippines
- lawyers with at least five (5) years experience in handling criminal or human rights cases;
or
- holders of a master’s degree in public administration, sociology, criminology, criminal
justice, law enforcement and other related disciplines

ORGANIZATIONAL STRUCTURE
- composed of:
a) Commission Proper
b) Staff Services
1) Planning and Research
2) Legal Affairs
3) Crime Prevention and Coordination
4) Personnel and Administrative Service
5) Inspection, Monitoring and Investigation
6) Installations and Logistics
7) Financial Service
c) Disciplinary Appellate Boards
1) National Appellate Board
 shall decide cases on appeal from the decisions rendered by the Chief, PNP

2) Regional Appellate Board


 shall decide cases on appeal from decisions rendered by the mayor, PLEB,
and PNP officers other than the Chief, PNP

C. PHILIPPINE NATIONAL POLICE


- organized pursuant to RA 6975, as amended by RA 8551
- a law enforcement agency under the operational control of the Department of the Interior
and Local Government and administrative supervision of the National Police Commission
- it is an organization that is national in scope and civilian in character, as provided by
Article XVI, Section 6 of the 1987 Philippine Constitution:
“The state shall establish and maintain one police force which shall be national in scope
and civilian in character…”
- headed by the Chief, PNP, with the rank of Director General, appointed by the
President and who shall serve a term of office of four (4) years

NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers
the entire breadth of the Philippine archipelago
- all uniformed and non-uniformed personnel of the PNP are national government
employees

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military
attributes such as discipline

POWERS AND FUNCTIONS OF THE PNP


1) Enforce all laws and ordinances relative to the protection of lives and properties;
2) Maintain peace and order and take all necessary steps to ensure public safety;
3) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
4) Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
5) Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution;
6) Issue licenses for the possession of firearms and explosives in accordance with law;
7) Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies and to security guards and private detectives, for the purpose of
their professions.

ORGANIZATION and COMPOSITION OF THE PNP


- shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
1) Deputy Chief for Administration
2) Deputy Chief for Operations
- the Chief PNP and the two (2) deputy chiefs shall be appointed by the President
- no officer who is retirable within six (6) months shall be appointed Chief
- the PNP shall be composed of a national office, regional offices, provincial offices, district
offices, and city or municipal stations

CAMP RAFAEL CRAME


- the national headquarters of the Philippine National Police, located in Quezon City
- houses the offices of the following:
a) Chief, PNP
b) two (2) deputy chiefs
c) Chief, Directorial Staff
d) Directorial Staff
e) National Administrative Support Units
f) National Operational Support Units

PNP Directorial Staff

The head of the PNP Directorial Staff is The Chief Directorial Staff (TCDS) with the rank of Deputy
Director General. The PNP is composed of twelve (12) Directorates headed by a Police Director with a
position title of Director of the Directorial Staff.

The PNP Directorial Staff is composed of the following:

1. Directorate for Personnel and Records Management;


2. Directorate for Intelligence;
3. Directorate for Operations;
4. Directorate for Logistics;
5. Directorate for Integrated Police Operations
6. Directorate for Plans
7. Directorate for Comptrollership
8. Directorate for Police Community Relations
9. Directorate for Investigation and Detective Management
10. Directorate for Research and Development
11. Directorate for Information and Communication Technology Management.
12. Directorate for Human Resource and Doctrine Development

THE PNP SUPPORT UNITS

The PNP is composed of various National Support Units (NSU’s): the Administrative Support
Units and the Operational Support Units. The head of each Administrative and Operational Support
Units has the rank of Chief Superintendent.

NATIONAL ADMINISTRATIVE SUPPORT UNITS

1. Logistics Support Service (LSS) - responsible for procurement, distribution and


management of all the logistical requirements of the PNP including firearms and ammunitions.

2. Information Technology Management Service (ITMS) – formulates and implements


information technology (IT) policies, plans and programs of the PNP.

3. Finance Service (FS)- responsible for disbursement of all funds of the PNP and the
accounting of the same.

4. Health Service (HS) - responsible for providing medical and dental services to the PNP
personnel and their direct dependents and other authorized civilians. Operates and maintain
PNP hospitals nationwide.

5. Communications and Electronic Service (COMMEL) – operates, maintains and ensures


coordination between and among PNP units and offices in the acquisition, distribution and
operation of communications and electronics facilities.

6. Chaplain Service (CS) – provides spiritual and counseling services for the moral growth of
PNP personnel and their dependents. This unit also conducts worship and religious services,
provides pastoral care and ministration, religious and moral education, guidance and
counseling and values orientation.
7. Legal Service (LS) – serves as the PNP legal counsel as well as represents the PNP in all
criminal and civil actions before the courts in coordination with the Office of Solicitor General.
It also serves as adjudicative unit in the processing of claims for benefits of retires and
separated PNP personnel.

8. Headquarters Support Service (HSS) – provides support for the security, management of
traffic flows and maintenance of the national headquarters.

9. Engineering Service (ES) – formulates policies, plans and procedures in the management of
engineering services, land utilization and on-based/off-based housing activities.

10. Training Service (TS) – provides career and specialized training programs for PNP
personnel in order to upgrade their professional knowledge and skills necessary to cope with
the challenges in public safety and social defense.

11. Personnel and Retirement Benefits Service (PRBS) – this is a newly formed National
Administrative Support Unit (please refer to the organization chart).

NATIONAL OPERATIONAL SUPPORT UNITS (NOSU)

1. Maritime Group - performs all police function over the Philippine territorial waters and rivers.
2. Intelligence Group –serves as the intelligence and counter-intelligence operating unit of the
PNP.
3. Police Security and Protection Group –provides security for government official, visiting
dignitaries and private individual authorize to be given protection.
4. Criminal Investigation and Detection Group – this unit undertakes the monitoring,
investigation and prosecution of all crimes involving economic sabotage, and other crimes of
such magnitude and extent as to indicate their commission by highly placed or professional
criminal syndicate and organization.
It shall likewise investigate all major cases involving violations of the Revised Penal
Code and operate against organized crime groups, unless the president assigns the case
exclusive to the National Bureau of Investigation (NBI).

5. Special Action Force –functions as the mobile strike force or reaction unit to augment
regional, provincial, municipal or city police forces for civil disturbance control, counter-
insurgency, hostage taking rescue operations, and other special operations.
6. Civil Security Group –provides administrative services and general supervision over the
organization, business operation and activities of all organized private detectives. Watchman,
security guard agencies and company guard forces.
This unit shall likewise supervise the licensing and registration of firearms and
explosives. The approval of applicants for licenses to operate private security agencies as
well as the issuance of license to security guards and the licensing of firearms and explosives
shall be decentralized to the PNP regional offices.

7. Aviation Security Group – In coordination with the Airport authorities, it secures all the
country’s airport against offensive and terrorist acts that threaten civil aviation, exercise
operational control and supervision over all agencies involved in airport security operation and
enforces all laws and regulations relative to air travel protection and safety.
8. Highway Patrol Group – formerly known as the Traffic Management Group. It is tasked with
the enforcement of the provisions of Republic Act 6539 otherwise known as the “Anti-
Carnapping Act of 1972”.
9. Crime Laboratory Group – provides scientific and technical investigative aid and support to
the PNP and other government investigative agencies.
It also provides crime laboratory examination, evaluation and identification of physical
evidences involved in crimes with primary emphasis on their medical, chemical, biological and
physical nature.

10. Police Community Relations Group –implements PNP’s police community relations
programs and provides assistance to the regional, provincial, district and city/municipal offices
in their respective police community relations activities. This unit also accredits volunteer
NGO’s supportive of PNP programs and relatedly assists, trains, organizes, directs and
supervises such NGO’s.
11. Anti-Kidnapping Group – the PNP has dissolved the Police Anti-Crime and Emergency
Response Force (PACER) and replaced it with a new anti-kidnapping group.
12. Anti-Cybercrime Group – this newly created PNP National Operational Support Unit was
activated on March 20, 2013. It is the primary unit responsible for the implementation of
pertinent laws on cybercrimes and anti-cybercrime campaigns of the PNP and the national
government. It focuses on cybercrime offenses, computer-related offenses, and other
content-related offenses such as cybersex, child pornography, unsolicited commercial
communication, and other related offenses.

POLICE REGIONAL OFFICES

At the regional level, the PNP is composed of seventeen (17) Police Regional Offices.

Each Police Regional Office (PRO) is headed by a Regional Director with the rank of Chief
Superintendent, except in the National Capital Region Police Office (NCRPO) where the NCR Director
has the rank of Police Director.

The Regional Offices is composed of PRO 1 to PRO 13, NCRPO, CAR and ARMM

THE NATIONAL CAPITAL REGION POLICE OFFICE (NCRPO)

The National Capital Region Police Office (NCRPO) is one of the Police Regional Offices of the
PNP. The NCRPO is headed by an NCR Director with the rank of Police Director. The NCRPO is
divided into five (5) District Offices, each headed by a District Director with the rank of Chief
Superintendent.

The five (5) district offices of the NCRPO are the following:

1. Manila Police District (MPD) - formerly known as Western Police District. Located in the City
of Manila. It is popularly known as the Manila’s Finest.

2. Eastern Police District (EPD) – covers Marikina, Pasig, San Juan and Mandaluyong,

3. Northern Police District (NPD) – has jurisdiction over the cities of Caloocan, Malabon,
Navotas, and Valenzuela.

4. Central Police District (CPD) – formerly known as Quezon City Police District. Located in
Quezon City.

5. Southern Police District (SPD) – covers the cities of Pasay, Makati, Paranaque, Las Pinas,
Muntinlupa, Taguig and Pateros.

PROVINCIAL POLICE OFFICES


- for every region, there are provincial offices, each headed by a Provincial Director
- in large provinces, police districts may be established to be headed by a District Director
- at the city or municipal levels or stations, each is headed by a Chief of Police

THE CITY OR MUNICIPAL POLICE STATIONS


At the city or municipal level, there is a PNP station, each headed by a Chief of Police.

MANNING LEVELS (POLICE-TO-POPULATION RATIO)


1:500 – nationwide average
1:1000 – minimum police-to-population ratio

PNP RANK CLASSIFICATION AND ITS COUNTERPART IN THE MILITARY

OLD RANK NEW RANK MILITARY RANK

COMMISSIONED OFFICER RANKS

DIRECTOR GENERAL POLICE GENERAL GENERAL

DEPUTY DIRECTOR POLICE LIEUTENANT GENERAL LIEUTENANT GENERAL


GENERAL

DIRECTOR POLICE MAJOR GENERAL MAJOR GENERAL

CHIEF SUPERINTENDENT POLICE BRIGADIER GENERAL BRIGADIER GENERAL

SENIOR SUPERINTENDENT POLICE COLONEL COLONEL

SUPERINTENDENT POLICE LIEUTENANT COLONEL LIEUTENANT COLONEL

CHIEF INSPECTOR POLICE MAJOR MAJOR

SENIOR INSPECTOR POLICE CAPTAIN CAPTAIN

INSPECTOR POLICE LIEUTENANT LIEUTENANT

NON-COMMISSIONED OFFICER RANKS

SPO4 POLICE EXECUTIVE MASTER MASTER SERGEANT


SERGEANT

SPO3 POLICE CHIEF MASTER TECHNICAL SERGEANT


SERGEANT

SPO2 POLICE SENIOR MASTER STAFF SERGEANT


SERGEANT

SPO1 POLICE MASTER SERGEANT SERGEANT

PO3 POLICE STAFF SERGEANT CORPORAL

PO2 POLICE CORPORAL PRIVATE 1ST CLASS

PO1 PATROLMAN/PATROLWOMAN PRIVATE

POLICE NON-COMMISSIONED OFFICER RANKS (PNCO)


- PO1 to SPO4 ( NEW RANK: PATROLMAN/PATROLWOMAN to POLICE EXECUTIVE
MASTER SERGEANT)

POLICE COMMISSIONED OFFICER RANKS (PCO)


- INSPECTOR TO DIRECTOR GENERAL(NEW RANK: POLICE LIEUTENANT TO
POLICE GENERAL)
KEY POSITIONS and their CORRESPONDING RANKS IN THE PNP

CHIEF – highest position in the PNP, with the rank of DIRECTOR GENERAL (NEW RANK: POLICE
GENERAL)

DEPUTY CHIEF FOR ADMINISTRATION – the second-in command, with the rank of DEPUTY
DIRECTOR GENERAL (NEW RANK: POLICE LIEUTENANT GENERAL)

DEPUTY CHIEF FOR OPERATIONS – the third-in-command, with the rank of DEPUTY DIRECTOR
GENERAL (NEW RANK: POLICE LIEUTENANT GENERAL)

NCR DIRECTOR – with the rank of DIRECTOR (NEW RANK: POLICE MAJOR GENERAL)

REGIONAL DIRECTOR - with the rank of CHIEF SUPERINTENDENT (NEW RANK: POLICE
BRIGADIER GENERAL)

PROVINCIAL DIRECTOR - with the rank of SENIOR SUPERINTENDENT (NEW RANK: POLICE
COLONEL)

NCR DISTRICT DIRECTOR - with the rank of CHIEF SUPERINTENDENT (NEW RANK: POLICE
BRIGADIER GENERAL)

CHIEF OF POLICE

Manning Levels (police-to-population ratio)

The average manning level of the PNP nationwide shall be approximately in accordance with
a police-to-population ratio of one (1) policeman for every five hundred (500) persons (1:500).

The minimum police-to-population ratio shall not be less than one (1) policeman for every
one thousand (1,000) persons (1:1000).
STATUS OF THE MEMBERS OF THE PNP
- police officers are employees of the national government and shall draw their salaries
from the national budget
- they shall have the same salary grade level as that of public school teachers police
officers assigned in Metro Manila, chartered cities and first class municipalities may be
paid financial incentives by the local government unit concerned subject to availability of
funds

GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP (RA 6975, as amended by RA


8551 and RA 9708)
a) A citizen of the Philippines;
b) A person of good moral conduct;
c) Must have passed the psychiatric/psychological, drug and physical tests to be administered
by the PNP or by any NAPOLCOM accredited government hospital for the purpose of
determining physical and mental health;
d) Must possess a formal baccalaureate degree from a recognized institution of learning;
e) Must be eligible in accordance with the standards set by the Commission;
- Must have passed the board examination given by the Professional Regulation
Commission (PRC) or the NAPOLCOM Police Entrance Examination

f) Must not have been dishonorably discharged from military employment or dismissed for
cause from any civilian position in the Government;
g) Must not have been convicted by final judgment of an offense or crime involving moral
turpitude;
h) Must be at least one meter and sixty-two centimeters (1.62 m) in height for male and one
meter and fifty-seven (1.57 m) for female;
i) Must weigh not more or less than five kilograms (5kgs) from the standard weight
corresponding to his or her height, age and sex; and
j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of
age

Pursuant to RA 9708, “…PNP members who are already in the service upon the
effectivity of Republic Act No. 8551 shall be given five (5) years to obtain the minimum
educational qualification preferably in law enforcement related courses, to be reckoned from
the date of the effectivity of this amendatory Act: Provided, furthermore, That for concerned
PNP members rendering more than fifteen (15) years of service and who have exhibited
exemplary performance as determined by the Commission, shall no longer be required to
comply with the aforementioned minimum educational requirement.”

EXAMINATION AND ELIGIBILITY

The National Police Commission shall administer the entrance and promotional
examinations for police officers on the basis of the standards set by the Commission (as amended by
RA 8551).

POLICE ENTRANCE EXAMINATION – taken by applicants of the PNP

POLICE PROMOTIONAL EXAMINATIONS – taken by in-service police officers as part of the


mandatory requirements for promotion

POLICE OFFICER EXAMINATION


SENIOR POLICE OFFICER EXAMINATION
INSPECTOR EXAMINATION
SUPERINTENDENT EXAMINATION

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-003


The appropriate eligibilities for PO1 are those acquired from the following:
1. NAPOLCOM PNP Entrance Examination
2. R.A. No. 6506 (Licensed Criminologist)
3. R.A. No. 1080 (Bar and Board Examinations of baccalaureate degree)
4. P.D. 907 (Granting Civil Service Eligibility to College Honor Graduates)
5. Civil Service Professional

NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-016 (Promotional Examinations)


-Members of the Bar and Licensed Criminologists whose profession are germane to law
enforcement and police functions are no longer required to take promotional examinations up to the
rank of Superintendent.

APPOINTMENT OF UNIFORMED PNP PERSONNEL


PO1 TO SPO4 – appointed by the Regional Director for regional personnel or by the
Chief, PNP for the national headquarters
INSP TO SUPT – appointed by the Chief, PNP
SR SUPT TO DDG – appointed by the President upon recommendation of the Chief, PNP, subject to
confirmation by the Commission on Appointments
DIRECTOR GENERAL – appointed by the President from among the senior officers down to the rank
of CSupt, subject to the confirmation of the Commission on Appointments

KINDS OF APPOINTMENT

1. PERMANENT – when an applicant possesses the upgraded general qualifications for


appointment in the PNP.
2. TEMPORARY – Any PNP personnel who is admitted due to the waiver of the educational or
weight requirements. Any member who will fail to satisfy any of the waived requirements with
the specified time periods shall be dismissed from the service.
Pursuant to NAPOLCOM Memorandum Circular No. 2007-009, a newly recruited PO1 shall be
appointed in temporary status in twelve (12) months pending compliance with the Field Training
Program (FTP) involving actual experience and assignment in patrol, traffic and investigation.

APPOINTMENT UNDER A WAIVER PROGRAM (NAPOLCOM MC No. 2013-004)

1). Conditions on waivers for initial appointment to the PNP

a. The age, height and weight for initial appointment to the PNP may be waived only when the
number of qualified applicants falls below the approved national/regional quota.

b. Waiver of the age requirement may be granted provided that the applicant shall not be less
than twenty (20) nor more than thirty five (35) years of age. For purposes of this paragraph,
one is considered to be not over thirty five (35) years old if he or she has not yet reached his
or her thirty six (36th) birthday on the date of the issuance of his or her appointment.

c. Waiver of the height requirement may be granted to a male applicant who is at least 1 meter
and 57 cm (1.57m) and to a female applicant who is at least 1 meter and 52cm (1.52m).
Provided, that the minimum height requirement for applicants who belong to indigenous group
duly certified by the National Commission on Muslim Filipinos (NCMF) or the National
Commission on Indigenous People (NCIP) shall be 1.52m for male and 1.45m for female.
Provided further, that the Commission shall require said applicants to submit appropriate
proof of their membership in a certain indigenous group.

d. An applicant who is granted a weight waiver shall be given reasonable time not exceeding six
(6) months within which to comply with the said requirement.

e. The grant of waiver is not a guarantee for appointment into the police service.

f. The PNP Screening Committee shall, through the Chief of the PNP, request the Commission
to consider the appointment of those applicants with a certification under oath that the
qualified applicants, at the time the applicant is being considered, fall below the office/unit
quota concerned.

Factors to be Considered in the Grant of Waivers

a. Possession of special skills in evidence gathering and safekeeping, cyber crime investigation,
detection and prevention, crime scene investigation, martial arts, marksmanship and similar
special skills;

b. Special talents in the field of sports, music or arts and culture;

c. Extensive experience or training in forensic science and other legal, medical and technical
services; and

d. Outstanding academic records and extracurricular activities of applicant during his/her school
days, good family background in law enforcement or socio-civic activities, recognized social
standing in the community, awards and commendations received, which should indicate to
the Commission En Banc that the applicant can become a good member of the Philippine
National Police

Selection Criteria under the waiver program


1. Applicants who possess the least disqualifications shall take precedence over those who
possess more disqualifications.
2. The requirement shall be waived in the following order:
1. Age
2. Height
3. Weight

NOTE: Use the acronym AHW (age, height and weight)

LATERAL ENTRY OF OFFICERS INTO THE PNP


1). In general, all original appointments of commissioned officers in the PNP shall commence with the
rank of inspector, to include all those with highly technical qualifications applying for the PNP technical
services (R.A. 6975).
a). Senior Inspector
1). Chaplain;
2). Member of the Bar;
3). Doctor of Medicine
b). Inspector
1). Dentist
2) Optometrists
3) Nurses
4) Engineers
5) Graduates of forensic science
6) Graduates of Philippine National Police Academy
Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after
promotions from the ranks are completed.

New policy on LATERAL ENTRY (NAPOLOCM M.C 2008-006)


a). A person with highly technical qualifications such as:
1). Dentist
2). Optometrist
3). Nurse
4) Engineer
5). Graduate of Forensic Science
6). Doctor of Medicine
7). Member of the Philippine Bar
8). Chaplain
9). Information Technologist
10). Pilot
11). Psychologist
b). Graduate of PNPA
c). Licensed Criminologist

Top priority consideration for lateral entry into the rank of Police Inspector shall be given to
top ten (10) placers of the different Licensure Examinations. However, incumbent PNP members who
land in the top ten shall be given first preference over the civilian provided that the qualifications are
satisfied.
The maximum age of PNP members applicants through lateral entry shall be forty six (46) years
old at the time of appointment. Age waivers shall not be allowed.

THE PNP PROMOTION SYSTEM


Promotion is defined as the upward movement from one classification or rank to another
carrying higher benefits and more responsibility. It is the upgrading of ranks and/or advancement to a
position of leadership.

KINDS OF PROMOTION
1. Regular Promotion
2. Special/ Meritorious/Spot Promotion
3. Promotion by virtue of position

A. Regular Promotion - promotion granted to police officers meeting the mandatory requirements for
promotion.
MANDATORY REQUIREMENTS FOR PROMOTION
1. Educational attainment (NAPOLCOM Resolution No. 2011-196 dated July 6, 2011)
For Police Sr. Supt. to Director General
a. Masters in Public Safety Administration (MPSA)
b. Allied Master’s Degree

For Chief Inspector to Superintendent


a. Bachelor’s Degree preferably Master’s Degree

For POI to Sr. Inspector


a. Bachelor’s Degree

2. Completion of appropriate training/schooling, such as:


Officers Senior Executive Course (OSEC) / General Staff Course (GSC)
Officers Advance Course (OAC)
Officers Basic Course (OBC)
Officers Candidate Course (OCC)
Senior Leadership Course (SLC)
Junior Leadership Course (JLC)
Public Safety Basic Recruit Course (PSBRC)

3. Time-in Grade – the number of years required for a police officer to hold a certain rank before he
can be promoted to the next higher rank. The time-in grade in the PNP is maintained as follows
(NAPOLCOM Resolution # 2013-501):

2 years – from Sr Supt to Chief Supt.


3 years – from Supt to Sr Supt
3 years – Chief Insp to Supt
3 years – Sr Insp to Chief Insp
3 years – Insp to Sr Insp
3 years – SPO4 to Insp
2 years – SPO3 to SPO4
2 years – SPO2 to SPO3
2 years – SPO1 to SPO2
3 years – PO3 to SPO1
2 year – PO2 to PO3
2 years – PO1 to PO2

4. Appropriate eligibility – the required promotional examinations


a. Police Officer Promotional Examination
b. Senior Police Officer Promotional Examination
c. Police Inspector Promotional Examination
d. Police Superintendent Promotional Examination

Except for the Chief, PNP, no PNP member who has less than one (1) year of service before
reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other
position.
Pursuant to RA 9708, “…In addition, the institution of a criminal action or complaint
against a police officer shall not be a bar to promotion: Provided, however, That upon finding of
probable cause, notwithstanding any challenge that may be raised against that finding thereafter, the
concerned police officer shall be ineligible for promotion: Provided, further, That if the case remains
unresolved after two (2) years from the aforementioned determination of probable cause, he or
she shall be considered for promotion. In the event he or she is held guilty of the crime by final
judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate
penalties under applicable laws, rules and regulations:
-Provided, furthermore, That if the complaint filed against the police officer is for a crime
including, but not limited to, a violation of human rights, punishable by reclusion perpetua or life
imprisonment, and the court has determined that the evidence of guilt is strong, said police officer
shall be completely ineligible for promotion during the pendency of the said criminal case.”
B. Special Promotion – promotion granted to police officers who have exhibited acts of conspicuous
courage and gallantry at the risk of his/her life above and beyond the call of duty.

Conspicuous courage is a courage that is clearly distinguished above others in the


performance of one’s duty.

ACTS OF CONSPICUOUS COURAGE AND GALLANTRY (NAPOLCOM Memorandum Circular No.


2007-003 and PNP Memorandum Circular No. 2009-019)

1. A deed of personal bravery and self sacrifice above and beyond the call of duty, so conspicuous as
to distinguish the act clearly over and above his/her comrades in the performance of more than
ordinary hazardous service, such as; but not limited to the following circumstances:
a. Overwhelming number of enemies and firepower capability as against the strength of PNP
operatives and their firepower capability;
b. Infiltration and penetration of the safehouses and hideouts of organized crime
syndicates like kidnapping, illegal drugs, carnapping, hijacking and terrorism;
c. Shoot-out in robbery/hold-up incidents inside public places such as: malls, government
offices, business establishments and PUVs;
d. Conduct of rescue/disaster operations that resulted in the saving of lives and properties.
2. An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster
operations resulting in the loss of life (posthumous promotions).

Posthumous Award – in case an individual who distinguish himself dies before the granting of the
awards.

C. PROMOTION BY VIRTUE OF POSITION (Section 32, R.A. 8551)

Any PNP personnel designated to any key position whose rank is lower than that which
is required for such position shall, after six (6) months of occupying the same, be entitled to a rank
adjustment corresponding to the position.
Provided, that the personnel shall not be reassigned to a position calling for a higher rank until
after two (2) years from the date of such rank adjustment.

ATTRITION (RA 8551)


- Refers to the retirement or separation from police service of PNP uniformed personnel
pursuant to any of the means mentioned in Section 24 to 29 of RA 8551 and other means as provided
in NAPOLCOM Memorandum Circular No. 2008-005.)

MODES OF ATTRITION
a. Attrition by attainment of Maximum Tenure in Position.

Maximum Tenure in Position refers to the maximum cumulative period for a PNP
member to hold a particular position level.

Position Maximum Tenure


Chief Four (4) years
Deputy Chief Four (4) years
Director of the Staff Services Four (4) years
Regional Directors Six (6) years
Provincial/City Directors Nine (9) years

b) Attrition by Relief – A PNP uniformed personnel who has been relieved for just cause and has not
been given an assignment within two (2) years after such relief shall be retired or separated.

c) Attrition by demotion in position or rank – Any PNP personnel, civilian or uniformed, who are
relieved and assigned to a position lower than what is established for his or her grade in the PNP
staffing pattern and who shall not be assigned to a position commensurate to his or her grade within
EIGHTEEN (18) MONTHS after such demotion shall be retired or separated.
d) Attrition by non-promotion – Any PNP personnel who has not been promoted for a continuous
period of TEN (10) YEARS shall be retired or separated

e) Attrition by other means - Any PNP member of officer with at least five (5) years of
accumulated active service shall be separated based on any of the following:
1. inefficiency based on poor performance during the last two (2) successive annual rating
periods;

Poor performance refers to the poor rating in the promulgated PNP Performance Evaluation
Rating System.

2. Inefficiency based on poor performance for three (3) cumulative annual rating periods;
3. Physical and/or mental incapacity to perform police functions and duties.
4. Failure to pass the required entrance examinations twice and/or finish the required career
course except for justifiable reasons;
5. refusal to take periodic PNP Physical Fitness Test without justifiable reason.

Physical Fitness Test refers to the method of evaluating the physical condition of PNP members
in terms of stamina, strength, speed and agility.

6. failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health
reasons;
7. failure to pass PNP Physical Fitness Test for Two (2) consecutive periodic tests or four (4)
cumulative periodic tests; or
8. non-compliance with the minimum qualification standards for the permanency or original
appointment.

RETIREMENT OR SEPARATION UNDER THE ATTRITION SYSTEM


Any personnel who is dismissed from the PNP pursuant to different ways mentioned, shall be
retired if he or she has rendered at least twenty (20) years of service and separated if he or she
has rendered less than twenty (20) years of service, unless the personnel is disqualified by law to
receive such benefits.

RETIREMENT
- the separation of the police personnel from the service by reason of reaching the age of
retirement provided by law, or upon completion of certain number of years in active
service.

A PNP uniformed personnel shall retire to the next higher rank for purposes of retirement
pay.

KINDS OF RETIREMENT
1. Compulsory– for officer and non-officer, upon the attainment of age Fifty-Six (56). Provided, in
case of any officer with the rank of CSUPT, Director or Deputy Director General, the Commission may
allow his retention in the service for an unextendible of one (1) year.

2. Optional – upon accumulation of at least Twenty (20) years of satisfactory active service.

RETIREMENT BENEFITS

Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of twenty
years of active service, increasing by TWO AND ONE-HALF PERCENT (2.5%) for every year of
active service rendered beyond twenty years.

CREATION OF WOMEN’S DESK


- -provided by RA 8551
- -women’s desk in all police stations shall administer and attend to cases involving crimes
against chastity, sexual harassment, abuses committed against women and children and
other similar offenses.
- -the PNP shall reserve TEN PERCENT (10%) of its annual recruitment, training and
education quota for women.
- -policewomen shall enjoy the same opportunities in terms of assignment, promotion and other
benefits and privileges extended to all police officers.

POWERS OF LOCAL GOVERNMENT OFFICIALS OVER THE PNP UNITS.


Governors and Mayors are deputized as representatives of the NAPOLCOM in their
respective territorial jurisdiction.

1. Provincial Governor
- power to choose the PNP Provincial Director from a list of 3 eligibles recommended by the
PNP Regional Director.
- oversee the implementation of the provincial public safety plan.

2. City and Municipal Mayors


- has the power to choose his CHIEF OF POLICE from a list of five (5) eligibles
recommended by the provincial police director.
- -he has the authority to recommend to the provincial director the transfer, reassignment or
detail of PNP members outside of their respective city or town
- Authority to recommend from a list of eligibles, the appointment of new members of the PNP
to be assigned in respective cities.
- exercise operational supervision and control over PNP units in their jurisdiction, except during
the 30 days period immediately preceding and the 30 days following any national, local and
barangay elections.
- During the election period, local police forces shall be under the supervision and control of
the COMELEC.
.
Operational Supervision and control
- means the power to direct, superintend, and oversee the day to day functions of police
investigation of crime, crime prevention activities and traffic control.
- shall also include the power to direct the employment and deployment of units or elements
of the PNP, through the station commander, to ensure public safety and effective
maintenance of peace and order within the locality.

Employment -refers to utilization of units or elements of the PNP for purposes of protection of lives
and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of
criminal offenders and bringing the offenders to justice and ensuring public safety, particularly in the
suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy,
insurgency, subversion or other related activities.

Deployment - shall mean the orderly and organized physical movement of elements or units of the
PNP within the province, city or municipality for purposes of employment

SUSPENSION OR WITHDRAWAL OF DEPUTATION


- Unless reversed by the President, the NAPOLCOM may, after consultation with the
provincial governor and congressman concerned, suspend or withdraw the deputation of any local
executives for any of the following grounds:
1. Frequent unauthorized absences
2. Abuse of authority
3. Providing material support to criminal elements
4. Engaging in acts inimical to national security or which negate the effectiveness of
the peace and order campaign.

ADMINISTRATIVE DISCIPLINARY MACHINERIES


A. Citizen Complaints -pertains to any complaint initiated by a private citizen or his duly authorized
representative on account of an injury, damage or disturbance sustained due to an irregular or illegal
act committed by a member of the PNP
DISCIPLINARY AUTHORITIES:
1) CHIEF OF POLICE - where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not
exceeding fifteen (15) days

2) CITY/MUNICIPAL MAYORS - where the offense is punishable by withholding of privileges,


restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a
period not less than Sixteen but not exceeding Thirty (30) Days.

3) PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) -where the offense is punishable by


withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period exceeding Thirty (30) Days, or by Dismissal.

B. INTERNAL DISCIPLINE – On dealing with minor offense involving internal discipline found to
have committed by any PNP members, the duly designated supervisors shall, after due notice and
hearings, exercise disciplinary powers as follows:

1) CHIEF OF POLICE - may impose the administrative punishment of admonition or reprimand;


restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any
combination of the foregoing for a period not exceeding Fifteen (15) Days.

2) PROVINCIAL DIRECTORS - may impose the administrative punishment of admonition or


reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or
any combination of the foregoing for a period not exceeding Thirty (30) Days.

3)REGIONAL DIRECTORS - may impose the administrative punishment of admonition or reprimand;


restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; demotion; or
any combination of the foregoing for a period not exceeding Sixty (60) Days.

4)CHIEF OF THE PNP - shall have the power to impose the disciplinary punishment of dismissal
from the service; suspension or forfeiture of salary; demotion; or any combination of the foregoing
for a period not exceeding One Hundred Eighty (180) Days.

MINOR OFFENSE - shall refer to an act or omission not involving moral turpitude but affecting the
internal discipline of the PNP, and shall include but not be limited to:
-simple misconduct or negligence
-insubordination
-frequent absences or tardiness
-habitual drunkenness
-gambling prohibited by law

INTERNAL AFFAIRS SERVICE (IAS) - created by RA 8551

POWERS AND FUNCTIONS OF THE IAS:


- pro-actively conduct inspections and audits on PNP personnel and units;
- investigate complaints and gather evidence in support of an open investigation;
- -conduct summary hearings on PNP members facing administrative charges;
- -submit a periodic report on the assessment, analysis, and evaluation of the character and
behavior of PNP personnel and units to the Chief PNP and the Commission;
- -file appropriate criminal cases against PNP members before the court as evidence warrants
and assists in the prosecution of the case;
- -provide assistance to the Office of the Ombudsman in cases involving the personnel of the
PNP;

The IAS shall also conduct, motu proprio (on its own initiative), automatic investigation
of the following cases:
- -incidents where a police personnel discharges a firearm;
- -incidents where death, serious physical injury, or any violation of human rights occurred in
the conduct of a police operation;
- -incidents where evidence was compromised, tampered with, obliterated, or lost while in the
custody of police personnel;
- -incidents where a suspect in the custody of the police was seriously injured; and
- -incidents where the established rules of engagement have been violated.

ORGANIZATION OF IAS
- -headed by the INSPECTOR GENERAL who is a CIVILIAN and appointed by the President
upon the recommendation of the Director General (Chief, PNP)
- -the Inspector General shall be assisted by a Deputy Inspector General
- -there shall be national, regional and provincial offices
- -the national office shall be headed by the Inspector General, the regional offices by a
Director, and the provincial offices by a Superintendent

ENTRY QUALIFICATIONS TO IAS


- -entry shall be voluntary
- -PNP personnel with at least five (5) years experience in law enforcement
- -with no derogatory service record
- -members of the bar may enter the service laterally

PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)


- a body created pursuant to RA 6975.
- one of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s
complaint.
- the central receiving entity for any citizen’s complaint against the PNP members.
- shall be created by the sangguniang panlungssod/bayan in every city and municipality as may
be necessary.
- there shall be at least one (1) PLEB for every five hundred (500) city or municipal police
personnel.
- membership in the PLEB is a civic duty.

COMPOSITION OF PLEB
PLEB is composed of five (5) members who shall be as follows:
- -any member of the sangguniang panlungsod/bayan.
- -any barangay chairman of the locality concerned.
- -three other members to be chosen by the local peace and order council from among
the members of the community.
- -for the three other members, the following conditions must be met:
- one must be a woman
- one must be a lawyer, or a college graduate, or the principal of an elementary
school in the locality
- -the CHAIRMAN of the PLEB shall be elected from among its members
- -the term of office of the members of the PLEB is THREE (3) YEARS

DISCIPLINARY APPELATE BOARDS


- formal administrative disciplinary appellate machinery of the National Police Commission.
- tasked to hear cases on appeal from the different disciplinary authorities in the PNP

National Appellate Board


- shall decide cases on appeal from decisions rendered by the PNP Chief and the
National Internal Affairs Service
-shall be composed of the four (4) regular commissioners and shall be chaired by the
executive officer

Regional Appellate Board


-shall decide cases on appeal from decisions rendered by the Regional Director,
Provincial Director, Chief of Police, the city or municipal mayor and the PLEB
-there shall be at least one (1) regional appellate board per administrative region
ADMINISTRATIVE PENALTIES
1. Withholding of privileges
2. Restriction to specified limits
3. Restrictive custody
4. Forfeiture of salary
5. Suspension
6. Any combination of the penalties above (1 to 5)
7. One (1) rank demotion
8. Dismissal from the service

POLICE PLANNING
- the determination in advance of how the objectives of the organization will be attained;
involves the determination of a course of action to take in performing a particular function or activity
- a management function concerned with visualizing future situation, making estimates
concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the
alternative ways and means of reaching desired goals according to a certain schedule, estimating the
necessary funds and resources to do the work and initiating action in time to prepare what may be
needed to cope with changing conditions and contingent events

RESPONSIBILITY IN PLANNING

Broad External Policy Planning is the responsibility of the legislative branch of the
government.

Internal Policy Planning is the responsibility of the Chief, PNP and other chiefs of the different units
or headquarters within their area of jurisdiction to achieve the objectives or mission of the police
organization.

TYPES OF PLANS

PROCEDURAL PLAN OR POLICY PLANS


- deal with procedures that have been outlined and officially adopted by all members of the unit
under specified circumstances
- guidelines for actions to be taken.
- include all STANDARD OPERATING PROCEDURES (SOP)

POLICY
- -general plan of action that serves as a guide in the operation of the organization or unit
- -codes of procedures

STANDARD OPERATING PROCEDURES (SOP’s)


1. S.O.P # 1 – Police Beat Patrol Procedures
2. SOP # 2 – Bantay-Kalye
3. SOP # 3 – Siyasat
4. SOP # 4 – REACT 166
5. SOP # 5 – LIGTAS (anti-kidnapping)
6. SOP # 6 – Anti-Carnapping
7. SOP # 7 – Anti-Terrorism
8. SOP # 8 – Joint Anti-Bank Robbery Action Committee (JABRAC)
9. SOP # 9 – Anti-Hijacking or Highway Robbery
10. SOP # 10 – PAGLALANSAG or PAG-AAYOS (against Partisan Armed
Groups of Loose Fire)
11. SOP # 11 – Manhunt Bravo (wanted persons)
12. SOP # 12 – Anti-Illegal Gambling
13. SOP # 13 – Anti-Squatting
14. SOP # 14 – JERICHO
15. SOP # 15 – NENA (Anti-Prostitution)
16. SOP # 16 – Anti-Pornography
17. SOP # 17 – Guidelines in the Conduct of Arrest, Search and Seizure
18. SOP # 18 – Schematic Diagram of SANDIGAN Master Plan
19. SOP # 19 – Anti-Illegal Logging
20. SOP # 20 – Anti-Illegal Fishing
21. SOP # 21 – Anti-Illegal Drugs

EXAMPLES OF PROCEDURAL PLANS/POLICY PLANS


FIELD PROCEDURES
- procedures intended to be used in all situations of all kinds shall be outlined as guide to
officers and men in the field, such as: procedures that relate to reporting, to raids, arrests,
stopping suspicious persons, receiving complaints, investigation, etc
HEADQUARTERS PROCEDURES
- include the procedures to be followed in the headquarters, usually reflected in the duty
manual.
SPECIAL OPERATING PROCEDURES
- procedures intended for specific operations to ensure uniformity of action

OPERATIONAL PLANS
- often called work plan
- the work program of the field units
- describe specific actions to be taken
- the work to be done is estimated, manpower and equipment is allocated, proper objectives
are defined and methods of accomplishment are developed
- statistical analysis is widely used

OPERATIONAL PLANS (OPLANS)


1. OPLAN JUMBO – ASG Strategic Plan against Terrorism
2. OPLAN SALIKOP – CIDG Strategic Plan against Organized Crime Groups
3. OPLAN DISIPLINA – TMG regarding vehicles and motorists
4. OPLAN BANTAY DALAMPASIGAN – operation security measures and sea borne security
patrols

TACTICAL PLANS
- plans that concern methods of action to be taken at a designated location and under specific
circumstances
- generally emergency type plans that can be put into effect on the sudden occurrence of a
condition requiring their use
- planning for emergencies of a specific nature at known locations
- developed for specific situations as they arise
- examples are: planning for major accidents; calamities or disasters; special events;
hostage-taking situations, etc

ADMINISTRATIVE or MANAGEMENT PLANS


- those plans that relate to staffing, equipping, supplying and organizing
- include the structuring of functions, authority and responsibilities, the allocation of resources,
personnel management, budgeting and other concerns administrative in nature
- examples are: assignment and training of personnel; recruitment; equipment and
supply procedures, etc

EXTRA-DEPARTMENTAL PLANS
- those which require actions or assistance from persons or agencies outside of the department
- involve coordination with other agencies
- examples are: exchange of information on wanted persons, known drug syndicates,
known organized crime groups, stolen vehicles, etc

PNP MASTER PLANS


1. SANDIGAN-MILENYO – Anti-Criminality Master Plan
2. SANDUGO – PNP Internal Security Operations Master Plan
3. SANGBANAT – PNP’s Master Plan on Campaign against Illegal Drugs
4. SANG-INGAT – The PNP’s Master Plan on Security Coverage in the 3rd Millennium
5. SAKLOLO – PNP Disaster Management Master Plan
6. SANGYAMAN – PNP’s Master Plan to help Protect and Preserve our Environment,
Cultural Properties and Natural Resources

Steps in Planning/ The Planning Process


1. Frame of Reference 6. Selecting the Most Appropriate
2. Clarifying the Problems Alternatives
3. Collecting All Pertinent Facts 7. Selling the Plan
4. Analyzing the Facts 8. Arranging for the Execution of the
5. Developing Alternative Facts Plan
9. Evaluating the Effectiveness of the Pla

V. Comparative Models in Policing

Police = The governmental department charged with the regulation and control of the affairs of a
community, now chiefly the department established to maintain order, enforce the law, and prevent
and detect crime. (French word)

COMPARATIVE = an estimate of relative likeness or unlikeness of two objects or event

GLOBALIZATION
= package of transnational flow of people, production, investment, information, ideas and authority.
= growing interpenetration of states, markets, communication and ideas.
= The process of creating transnational markets, politics, and legal systems in an effort to form and
sustain a global economy.

EFFECTS OF GLOBALIZATION to Law Enforcement


= law enforcers are expected to be the protector of the people…….unaccountable flow of
migration and open markets present new threats to state-based human rights regimes – great
challenge to law enforcement.
Threats to Law Enforcement
 increasing volume of human rights violations as evidence by genocide and mass
killing
 conflict between nations
 Transnational criminal networks for drug trafficking, money laundering, terrorism
TYPES OF POLICE SYSTEM
1. Common Law Systems = usually exists in English speaking countries of the world
= there is strong adversarial system and rely upon oral system of evidence in which the public
trial is a main focal point
= also known as “Anglo-American Justice”
2. Civil Law Systems = distinguished by strong inquisitorial system where less right is granted to the
accused and the written law is taken as gospel and subject to little interpretation
= also known as “Continental Justice or Romano-Germanic Justice”
3. Socialist System = distinguished by procedures designed to rehabilitate the offender.
= known as Marxist-Leninist Justice and exist in places such as Africa and Asia
4. Islamic System = based more on the concept of natural justice or customary law or tribal traditions

THEORIES OF POLICE SERVICE


Continental = is the theory of police service which maintains that police officers are servants of
higher authorities. This theory prevails in the continental countries like France, Italy and Spain.

Home Rule = the theory of police service which states that police officers are servants of the
community or the people. This theory prevails in England and United States. It is also the police
service which prevails in country with decentralized form of government. This is likewise the police
service theory that should prevail in the Philippines based on the existing laws, concepts and
principles.

CONCEPT OF POLICE SERVICE


c. Old police service = states that the yardstick of police proficiency relies on the number of
arrest made.

d. Modern police service = states that the yardstick of police proficiency relies on the absence
of crime.

Deviance Control = is the modern police function which primarily involves the mission to reinforce
community values and laws. This was adopted by Germany, China and Japan.

Civil order control = is not organizationally separated from deviance control but is performed by
regular street police in the country of England and United States.

EVOLUTION OF POLICING SYSTEM


 Praetorian guards = military bodies who serve as guardians of peace in ancient Rome in
which the idea of policing said to have originated
 Officer de la Paix = a French term which claimed to be the origin of the term Police Officer

1. Anglo-Saxon Period of Policing System (Ancient England)

A. Tun Policing System


A system of policing emerged during the Anglo-Saxon period whereby all male residents
were required to guard the town (tun) to preserve peace and protect the lives and properties of the
people.
About 700 AD, the people living in England in small rural towns used the Anglo-Saxon
System. Ten families in a town (tun) equaled a tithing. Each tithing elected a leader who was known
as the Tithingman. Since 10 tithings amounted to 100, the leader of the 100 families was named the
reeve. Both the tithingman and reeve were elected officials. They possessed judicial power as well
as police authority.

B. Hue and Cry


A village law started in Britain which provided methods of apprehending a criminal by an act
of the complainant to shout to call all male residents to assemble and arrest the suspect.
C. Trial by Ordeal
A judicial practice where in the guilt or innocence of the accused is determined by subjecting
him to an unpleasant, usually dangerous, experience. (In present terminologies, it would mean an
employment of a “3rd degree.”) The word “ordeal” was derived from the Medieval Latin word “Dei
Indicum” which means “a miraculous decision.”

2. Norman Period of Policing System

This system of policing existed during the time of Norman William The Conqueror (King of
France). When he invaded and conquered England, a military regime of conquers and dictators began
and changed the concept of crime being committed against the state.

A. Shire-Rieve
Shire-Rieve was a policing system during the Norman Period when England was divided into
fifty-five (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of the
army). The fifty-five (55) military divisions in England are called shires. The shire-rieve had absolute
powers that no one could questions his or her actions.
Two “Constabuli” or “The Keeper of the Horse” were appointed to each village to aid the
Rieve in his duties. It became the source of the word Constable.
The term “Shire-Rieve” is said to be the origin of the word “Sheriff.”

B. Travelling Judge or Circuit Judge


A judge selected to hear cases which were formerly being judged by the Shire-Rieve and
tasked to travel through and hear criminal case s. This was the first instance of the division of
the police and judicial powers.

C. Legis Henrici
An act that was enacted during this period with the following features:
 Offenses were classified as against the king and individual.
 Policeman becomes public servant.
 The police and the citizens have the broad power to arrest. It introduced the system called
“citizen’s arrest.”
 Grand Jury was created to inquire on the facts of the law. A system which made inquisition
onto the facts of a crime and eliminate the “Anglo-Saxon Trial or “Trial by Ordeal System.”

D. Frankpledge System
A system of policing whereby a group of ten neighboring male residents over twelve years
of age were required to guard the town to preserve peace and protect the lives and properties of the
people

3. Westminster Period of Policing System


It is called by this name because the laws governing policing came out of the capital of
England, which at the time was Westminster. This period has the following features:
 Guards were appointed and the duties of the constables at night (watch) and in daytime
(ward) were defined
 Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace.

B. Statute of 1295
The law that marks the beginning of the curfew hours, which demanded the closing of the
gates of London during sundown.

C. Justice of the Peace (About 1361)


Three or four men who were learned in the law of the land were given authority to pursue,
arrest, chastise and imprisonment violators of law. They handled felonies, misdemeanors and
infractions of city or village ordinances. This was later abolished about 75 years after.

D. Star Chamber Court (1487)


A special court designed to try offenders against the state. The room set-up is formed in a
shape of a star and judges were given great powers such as the power to force testimony from
a defendant leading to a great abuse of power or brutality on the part of the judges.

4. Keepers of the Peace

A proclamation issued by King Richard of England sometime in 1195 that required the
appointment of knights to keep the King’s peace by standing as guards on bridges and gates
while checking the people entering and leaving the cities and towns.

5. King Charles II of England (1663)


King Charles II passed an act which established or promoted the employment of watchmen
or bellmen to be on duty from sunset to sunrise.

6. Magna Carta or "The Great Charter"


A law promulgated by King John of England upon the demand of the Knights of the Round
Table forcing the King to sign the same with the following features:
 No freeman shall be taken, imprisoned, banished or exiled except by legal judgment of his
peers.
 No person shall be tried for murder unless there is proof of the body of the victim.

LONDON POLICING PRIOR TO 1829


Henry Fielding = appointed as Magistrate in 1748, introduced the first detective force, known as
the Bow Street Runners
Bow Runners = a group of men organized by Henry Fielding and named by his brother John Fielding
task to catch thieves and robbers
identified by carrying a Tipstaff with the Royal Crown
= made up of eight constables who also investigated crimes handed over to them by the
volunteer constables and watchmen

1798 = Marine Police Force was established, salaried constables were being paid by local
magistrates.
= initially made up of 220 Constables assisted by 1,000 registered dock workers, and was
responsible for preventing the theft of cargo. = widely regarded as being the first modern police
force in the world, in the sense that they were not government controlled and were responsible for
the prevention of crime.

LONDON 1829
Sir Robert Peel = appointed as Home Secretary in 1822

METROPOLITAN POLICE = organized in 1829 by Sir Robert Peel (Metropolitan Police Act of
1829)
= the largest of the police services that operate in greater London (the others include the City
of London Police and the British Transport Police)
= finest police force around the world.

TOTAL POLICING = motto of London Metropolitan Police

IMPORTANT DATES
 1833 = Coldbath Fields Riot (Grays Inn Road). A major crowd disturbance dealt with by
the Metropolitan Police with controversial use of force.
 1836 = The Metropolitan Police absorb the Bow Street Horse Patrol into its control.
 1838 = incorporates Marine Police and Bow Street Runners into the Metropolitan Police
and the disbandment of the Bow Street Office and other Offices. These were all agreed and
put into effect.

Administration Policing Principles of London Metropolitan Police


1. Stable and effective civil police under government control
2. Absence of crime is the best proof of efficiency
3. Fast distribution of crime news to the police is essential.
 Commissioner = highest rank in the Metropolitan Police
 Police Constable = lowest rank

Contributions of the French in Policing


 Assigning house numbers
 Installing street lights
 Use of police ambulances
 Use of warrant card and ID signifying the authority to arrest

UNITED STATES POLICING SYSTEM


TYPES OF US POLICE
1. Municipal Police = includes village, township, city and country police departments, sheriff
departments.
Types of Local Police
a. Country Sheriff = in charged with the operation of county jail, civil function such as service
of eviction notices and other court orders and police responsibility.
b. City Police = most common local police organization. It has jurisdiction in matters that
occur in an incorporated municipality.
2. State Police = includes special investigative agencies that concentrate on statewide law
enforcement
3. Federal Police = agencies operated by federal government at the national level

Some Federal Agencies Having Police Functions


a. Protection of Life, Property and Enforcement of Penal Statutes
1. Federal Bureau of Investigation (Department of Justice) = investigates all violations of federal law
except when the enforcement authority was given to other specific federal agency
2. United States Secret Service (Department of Treasury) = concerned with investigation of
counterfeiting, forging or altering of any of the money or other securities of the U.S. It is also in
charged of the protection of the president and his family, and of the executive mansion grounds
3. Bureau of Narcotics (Department of Treasury) = investigated all violations of federal law relating to
prohibited drugs
4. Immigration and Naturalization Service (Department of Justice) = investigates all violations of
immigration and naturalization laws, patrol boarders to prevent surreptitious entry of aliens,

b. Protection of the National Revenue


1. Intelligence Unit of the Bureau of Internal Revenue = investigation of violations of income tax laws
2. Alcohol Tax Unit of the Bureau of Internal Revenue = violations of internal revenue laws
3. Division of Investigation and Patrol, Bureau of Customs = investigates smuggling activities and
enforces customs and navigation laws.
4. Private Police = additional police protection made by employing sworn officers through contract
when they are not officially on duty

Two Basic Forms of Private Police


a. Proprietary Police = when a person wish to receive service, he hires and security personnel directly
b. Contract Security = services of an independent security company

U.S. Police Agencies


New York City = it is where the first full time police force was organized in the United
States
 New York Police Department = the largest police force in the United States
 Texas Ranger = police force originally created in response to colonization
 Boston Police Department = first local modern police department established in the
United States
 Pennsylvania State Police = the first state police agency established
 Los Angeles Police Department = police force that hired the first female police officer
named, Alice Stebbins Wells
The United States police rank model is generally quasi-military in structure. Although the large
and varied number of federal, state, and local police departments and sheriff's office have different
ranks, a general model, from highest to lowest rank, would be:
 Chief of Police/Police Commissioner/Superintendent/Sheriff
 Deputy Chief of Police/Deputy Commissioner/Deputy
Superintendent/Undersheriff
 Inspector/Commander/Colonel
 Major/Deputy Inspector
 Captain
 Lieutenant
 Sergeant
 Detective/Inspector/Investigator
 Officer/Deputy Sheriff/Corporal

CANADA
Royal Canadian Mounted Police (RCMP) = colloquially known as Mounties and internally as “The
Force” = is the national police force of Canada and one of the most recognized of its kind in the word
being a national, federal, provincial and municipal policing body. It is founded in 1920 by the Merger
of Royal Northwest Mounted Police(1873) with the Dominion Police (1868).
= headed by the Commission under the direction of the Minister of Public Safety Canada.

Commissioner = highest rank in the Royal Canadian Mounted Police


Police Constable 4th Class = lowest rank

AUSTRALIA
Australian Police = a progressive and multi-faceted law enforcement organization, taking strong
lead in the fight against 21st century crime.
 Commissioner = highest rank
 Constable = lowest rank

HONGKONG
Hong Kong Police Force
= is the largest disciplined service under the Security Bureau of Hong Kong. It is the
world's second, and Asia's first, police agency to operate with a modern policing system. It was
formed on 1 May 1844.
in 1969, Queen Elizabeth II granted the Royal Charter to the Hong Kong Police
Force for their handling of the Hong Kong 1967 riots — renaming them: the Royal Hong Kong Police
Force. Following the transfer of sovereignty, the Force is once again named the Hong Kong Police
Force

Structure HKPF
The Force is commanded by the Commissioner of Police, who is assisted by two deputy
commissioners:
a. Deputy Commissioner – Operations = supervises all operational matters including crime
and
b. Deputy Commissioner – Management = is responsible for the direction and coordination
of force management including personnel, training, and management services.

Motto =We Serve with Pride and Care

The Hong Kong Police Force is organized into Six Regions:


 Hong Kong Island
 Kowloon East
 Kowloon West
 New Territories North
 New Territories South
 Marine Region

The Force Headquarters (Management) is made up of five departments:


 Operations & Support
 Crime & Security
 Personnel & Training
 Management Services
 Finance, Administration and Planning

Hong Kong Police College = s responsible for all matters relating to training within the Hong Kong
Police except internal security, Auxiliary and Marine Police training. Training provided by the Police
College includes recruit and continuation training, crime investigation training, police driver training
and weapon tactics training. The information technology training, command training, local and
overseas management training, some specialist courses and periodic courses on firearms and first aid
are also provided by the Police College.

Service Quality Wing = is responsible for spearheading initiatives to improve services provided to
force customers both external and internal. The wing comprises three branches: Performance
Review, Research and Inspections and Complaints and Internal Investigations (C&II)
Complaints and Internal Investigations (C&II) = includes the Complaints Against Police Office
(CAPO) oversees the investigation and successful resolution of all complaints made both externally
and internally against members of the force.

Entry Requirements to HKPF


Nationality
Must be a permanent resident of the Hong Kong Special Administrative Region and have lived in
Hong Kong for at least seven years.

For Inspector
Academic Requirements
 Hong Kong degree, or equivalent; or
 An accredited Associate Degree from Hong Kong tertiary institution / A Higher Diploma from a
Hong Kong polytechnic / polytechnic university, or a Diploma from a registered post-
secondary college awarded after the date of its registration, or equivalent; or
 A pass in two subjects at Advanced Level in the Hong Kong Advanced Level Examination
(2A) plus three other subjects at Grade C or above in the HKCEE (3O), or a combination of
results in five Hong Kong Diploma of Secondary Education (HKDSE) subjects of Level 3 in
New Senior Secondary (NSS) subjects, “Attained with Distinction” in Applied Learning (ApL)
subjects (subject to a maximum of two ApL subjects) and Grade C in Other Language
subjects, or equivalent.

For Police Constable


Academic Requirements

Five passes or above, which may include Chinese Language and English Language, in the
HKCEE, or a combination of results in five Hong Kong Diploma of Secondary Education (HKDSE)
subjects of Level 2 in New Senior Secondary (NSS) subjects, “Attained” in Applied Learning (ApL)
subjects (subject to a maximum of two ApL subjects) and Grade E in Other Language subjects, or
equivalent.

Selection Processes For Inspector


 Written Examination
 Extended Interview
 Psychometric Test
 Final Interview Board
 Physical Fitness Test
 Integrity Checks and Medical Examination
 Appointment

Selection Processes for Police Constable


 Physical Fitness Test
 Group Interview
 Psychometric Test
 Final Interview Board
 Basic Law Test
 Integrity Checks and Medical Examination
 Appointment

RANKS OF HKPF
Commissioner of Police (CP)
Deputy Commissioner of Police (DCP)
Senior Assistant Commissioner of Police (SACP)
Assistant Commissioner of Police (ACP)
Chief Superintendent of Police (CSP)
Senior Superintendent of Police (SSP)
Superintendent of Police (SP)
Chief Inspector of Police (CIP)
Senior Inspector of Police (SIP)
Inspector of Police (IP)
Probationary Inspector of Police (PI)
Station Sergeant (SSGT)
Sergeant (SGT)
Senior Constable (SPC)
Police Constable (PC)
TAIWAN
TAIWAN POLICE FORCE = is the unified police force of taiwan
= under the supervision of NATIONAL POLICE AGENCY which is directly under the
MINISTRY OF INTERIOR
= under effective civilian control

FUNCTIONS
1) to maintain public order,
2) 2) to protect social security,
3) 3) to prevent all dangers, and
4) ) to promote the welfare of all people.

TYPES OF POLICE FORCE IN TAIWAN


1. Administration Police = are generally referred to those who are required to wear uniforms to carry
out duties of household visits, patrolling, raid, guarding, duty officer, and reserves.
2. Traffic Police = the primary duties of the Traffic Police are to keep traffic order, to ensure traffic
safety, to prevent traffic accidents, and to smooth traffic flow.
3. Special Police = are those who are responsible for protecting the Central Government,
establishing contingent plans and assisting local and specialized police units in maintaining public
order.
4. Criminal Investigation Police = the primary duties of the criminal investigation police are to
prevent and detect crimes.
5. Specialized Police = main duties are to protect state-run enterprises and public facilities like
railways, highways, airports, harbors, MRT and Bank of Taiwan.

RANKS OF TAIWAN POLICE FORCE


Police Supervisor General
Police Supervisor Rank
Police Supervisor Rank Two
Police Supervisor Rank Three
Police Supervisor Rank Four
Police Officer Rank One
Police Officer Rank Two
Police Officer Rank Three
Police Officer Rank Four
Police Rank One
Police Rank Two
Police Rank Three
Police Rank Four

MYANMAR
Myanmar Police Force = formally known as The People's Police Force (Burmese: Pyi Thu Yae
Tup Pwe)
= established in 1964 as independent department under Ministry of Home Affairs. It was
reorganized on 1 October 1995.
There are 14 State and Divisional Police Forces and three additional State/Division Police
Forces

Each State and Divisional Police Force consist of four components


 Office of the Commander of the State and Divisional Police Force
 Office of the Commander of the District Police Force
 Office of the Commander of the Township Police Force
 Police Stations

TRAINING CENTERS
1. Central Training Institute of Myanmar Police Force
2. No.1 Police Training Depot = undertakes Basic Training Course for Police Sergeant for 2 years;
Warrant Officer and Police Sergeants Course for 12 Weeks; and Basic Training Course for
Constables for 6 Month
3. No. 2 Police Training Depot = undertakes only Basic Training Course for Constables, which
normally takes around 6 months to complete.

INDONESIA POLICING SYSTEM


Indonesian National Police (Kepolisian Negara Republika Indonesia) = is the official police force
of Indonesia
= organized 1946
= also known as Polri
Markasbesar/Mabes = name of the headquaters of Indonesian National Police located in
KebayoranBaru, South, Jakarta, Indonesia

POLRI TERRITORIAL FORCES


1. Kepolisian Daerah or polda = provincial police
2. Kepolisian Wilayah or Polwil = regional police
3. Kepolisian Resort or Polres = city police
4. Kepolisian Sector or Polsek = sub-district police

SPECIAL BRANCHES
1. Brigade Mobile (BRIMOB) = the most militarized trained to deal with mass demonstrations
= paramilitary role to conduct security stabilization operations and providing security for VIP
and vital facilities
2. Anti-Riot Unit (Pasukan Anti Huru-Hura) = received special anti-riot training
3. Sea and Air Police = responsible patrolling the airspace
4. Plainclothes Unit = assigned in conducting investigations
5. Maritime Police = responsible in protecting the territorial sea
6. Anti-Terrorist Unit = trained in counter-terrorism
7. Forensics = in-charged of laboratory examination of evidence

POLICE RECRUIT VOLUNTEERS


 At least sixth-grade education and should pass the competitive examination.
After 3 years, personnel with junior secondary diploma could enter into training to become NCO.

RANKING SYSTEM OF POLRI


Police General = equivalent of Director General of PNP
Second Bhayangkara = equivalent of police officer 1 of the PNP
ROYAL MALAYSIAN POLICE (RMP: Malay: Polis Diraja Malaysia, PDRM) = police force of
Malaysia.
= headquarters is located at Bukit Aman, Kuala Lumpur
= The constitution, control, employment, recruitment,fund, discipline, duties and powers of the
police force is specified and governed by the Police Act 1967

Motto = TEGAS, ADIL DAN BERHEMAH = Firm, Fair And Prudent

RMP Organizations
1. Management Department = the Management Department is tasked with the routine of
management and administration affairs of the RMP. This department is also the nerve centre of the
RMP and acts as the support services platform for the rest of the force.
2. Logistics Department = has the role to provide several equipments needed in RMP
 3. Criminal Investigation Division = deals with the investigation, arrest and prosecution of
hard crimes (murder, robbery, rape etc) and petty crimes (theft, house-breaking etc).
= This department also specializes in gambling, vice and secret societies (triads)
Branches of Criminal Investigation Division
 D1 – Administrative Division
 D2 – Criminal Record Registration
 D3 – Internal Affairs
 D4 – Statistics
 D5 – Prosecution and Law Divisions
 D6 – Technical Assistance Division
 D7 – Gambling / Vice / Secret Societies
 D8 – Investigation Division / Planning
 D9 – Special Investigation Division
 D10 – Forensic Laboratory Division
 D11 – Sexual Investigation Division
 D12 – National Centre Bureau-Interpol Division

4. Narcotics Criminal Investigation Division = this department's function is to fight against


dangerous drugs by enforcing the law to stop and reduce the demand and supply of dangerous
drugs.
5. Internal Security and Public Order Department = responsible for traffic control and Search &
Rescue (SAR) operations
6. The Police Field Force (PFF) = organized in battalions and was a para-military units of the Royal
Malaysia Police. Also known as the Jungle Squad
= established in 1948
7. Police Counter-Terrorism Unit = an elite unit of RMP responsible in counter-terrorism operations
8. UNGERIN = Unit Gempur Marin (UNGERIN) (Marine Combat Unit) was established in 2006 and it
was fully operational by the end of 2007
= first name was Unit Selam Tempur due to the pressing need to suppress the pirate attacks
alongside the coastal area of Malacca Straits and open sea area of South China Sea which were
continuously widespread from time to time despite various efforts done to overcome the problem
= members received training from U.S
9. Federal Reserve Unit (FRU) = (Malay: Pasukan Simpanan Persekutuan)
= its role is riot suppression, crowd control, disaster relief & rescue, as well as special
operations assistance
= organized in 1955
10. C4-i Implementations System = (abbreviation for Command, Control, Communications,
Computer-Integrated) = based at Police Control Centre in all police contingents in Malaysia.
= this unit is assigned to patrol the city and the suburbs.
11. The Marine Operations Force or (Malay: Pasukan Gerakan Marin) = tasked with maintaining
law and order and coordinating search and rescue operations in the Malaysian Maritime Zone and on
the high seas
12. Royal Malaysian Police Air Wing Unit or Unit Udara PDRM (UUP) = is a special unit of Royal
Malaysia Police with a vital role in maintaining national security with thorough surveillance and patrol
from the air
13. Special Branch = This department is responsible for collecting intelligence for national security
14. Traffic Unit = responsible in maintaining the flow of traffic
15. Commercial Crimes Investigation Department = this department's main function is to
investigate, arrest, and prosecute offenders committing white collar crimes such as fraud, breach of
trust, cyber-crimes, forgery, counterfeiting etc
16. Mounted Police = police who patrol on horseback (equestrians) or camelback. They continue to
serve in remote areas and in metropolitan areas where their day-to-day function may be picturesque
or ceremonial, but they are also employed in crowd control because of their mobile mass and height
advantage

RANKS OF RMP
INSPECTOR-GENERAL OF POLICE = equivalent of director general (Philippines)
POLICE CONSTABLE = equivalent of police officer 1 (Philippines)

Singapore
Francis James Bernard = formed the skeleton force as the heritage of Singapore Police Force in
1819.
 Singapore Police Force (SPF) is the main agency task with the maintaining law and order in
the city-state. It is formerly known as Republic of Singapore Police. Organized with split
staff (15) and line functions (13) roughly modeled after the military. Headquarters at New
Poenix Park in Novena. The highest rank is Commissioner of Police and the lowest is
Police Constable.
 Section 7 of Police Force Act of 1857 = constitution of the SPF
Recruitment/training
 High school graduates who were interested in law enforcement as a career can be recruited
and those who are selected for officers had to be approved by the Public Service
Commission.
 Career development course were encouraged for officer and senior officers are required to
travel oversees for training such as in Police Staff College in Britain, FBI Nat’l Academy
in US and Police Academy in Japan.
 Nine (9) months training. Newly appointed officer will be placed on a one year probation
period.

RANKS OF SPF
Commissioner of Police = equivalent of director general in the Philippines
Constable = equivalent of Police Officer 1 in the PNP

JAPAN POLICING SYSTEM

 Keihoryo (Police Bureau within the Ministry of Home affairs to 1945)


 Japanese Colonial Government = the one which organized the first formal policing in
China.
 Japanese Yakuza = considered as the center of Asian organized crime action.

ORGANIZATION OF NPA
1. National Public Safety Commission = a government body responsible for the administrative
supervision of the police. Under the jurisdiction of the Prime Minister
2. Japan National Police Agency (NPA) = a totally gunless police force, except for its special
attack team.

Organizations Attached to the NPA


a. National Police Agency = provides training to police officers and conduct academic research
b. National Research Institute of Police Science = conducts research in police science
c. Imperial Guards = provides escort to the Emperor, Empress, Crown Prince and other Imperial
family.
= responsible for the security of Imperial Palace

3. Regional Police Bureau = exercise control and supervision over regional police offices and
provides support with the prefectural police.
Director General = heads each Regional Bureau acting upon orders from the Commission
General of the NPA.
Regional Police Bureau = the local organizations to carry out part of the NPA’s functions. There are
about 7 Bureaus in the major cities except for Tokyo and Hokkaido where in Tokyo,
Metropolitan Police department (headed by Superintendent General) has long been established
and shares the same location with the NPA. Prefectural Police has the whole of Hokkaido under
its jurisdiction.

4. Prefectural Public Safety Commission (PPSC) = administrative commission functioning under


the representative system which supervise the prefectural police. Under the Jurisdiction of the
Governor. Though not empowered to give order to the Commission.

5. Koban = a system of policing adopted in Japan, a substation near major transportation hubs and
shopping areas and in residential districts which forms the first line of police response to the public.
= Koban usually staffed by 3-5 officers and about 7000 residential police boxes (Chuzaisho-
staffed by a single officer). About 20 % of police is assigned to Koban.

CHINA POLICE SYSTEM


 Ministry of National Defense = is the top of the hierarchy with judicial and public security
agencies such as Ministry of Public safety and the Ministry of State Security.
 Ministry of Public Security= is the principal police authority of the mainland of the People’s
Republic of China which oversee the day to day law enforcement. (It is the equivalent of
the National Police Agency in Japan).
 Ministry of State Security = the Chinese government’s largest and most active foreign
intelligence agency, though it is also involved in domestic security matters.

Kinds of police
1. People’s Armed Police (PAP), 1980’s deals with domestic disturbances, acts as riot police and
guard’s government compounds and foreign embassies. Usually handles border defense but is called
sometimes to back up local police.
2. State Security Police = (1983) safeguards state security, prevent foreign espionage,
sabotage and conspiracies. Under the Ministry of State Security and directly accountable to the
State council.
3. Prison Police = a part of the correctional arm of the overall police system stationed in prisons
and correction units. This is under the leadership of the Ministry of Justice.
4. Judicial Police = responsible for maintaining the security and order in courts and serving
instruments and some also executing death sentences.
5. Quasi parapolice (“Cheng guan”) = operate in many places and hired by officials to help carry out
some unpopular actions such as collecting taxes and fines and ousting peasants from seized land.

Special Police College = conducts nationwide recruitment once a year.


Central Military Commission = appoints police in China
People’s Liberation Army = Chinese Armed forces.
Civil Service Promotion Examinations = basis for regulation of the Rank promotion Examination for
police officer.

RANK SYSTEM IN CHINA


Commissioner General = equivalent of Director General in the PNP
Constable 2nd Class = equivalent of Police Officer 1 in the PNP

THAILAND POLICE SYSTEM


Royal Thai Police = formerly known as THAILAND NATIONAL POLICE DEPARTMENT (TNPD)
= In 1998, TNPD was transferred from the Ministry of Interior of Thailand to be directly under
the Office of the Prime Minister using the name Royal Thai Police. The position of its supreme
head was changed from that of the Director-General of the TNPD to the Commissioner-General of
the Royal Thai Police

Royal Thai Police Headquarters = based in Bangkok


Police-General = highest rank of the Royal Thai Police
Policeman / Constable = lowest rank

BRUNEI POLICE SYSTEM


 Royal Brunei Police Force (Polis Diraja Brunei – PDRB) = created in 1921 which is
responsible for keeping law and order and providing law enforcement services throughout
Brunei
 Inspector-General of Police = highest rank
 Lance Corporal = lowest rank

Philippine Police System


 During the Spanish Regime
 Maintenance of law and order is a part of the military system for the defense of the
colony;
 Locally organized police forces although performing civil duties is a direct adjunct of
the colonial military establishments; (policemen in appearance yet colonial soldiers in
the ultimate sense.
 Police functions consisted mainly of (1) suppression of brigandage by patrolling
unsettled areas; (2) detection of local or petty uprising by spying upon the work and
movements of the people and; (3) the enforcement of tax collection including church
revenues.
 Cuardilleros = a body of rural police organized in each town established by Royal decree of
Jan. 8, 1836. It mandates that 5% of the able bodied male inhabitants of each province
where to be enlisted in this police organization for 3 years. There services are originally not
paid or gratuitous subject to some privileges although in some province they received a
proportionate pay ranging from 4.00 to 8.00 depending on the revenue collection.
 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 who later discharged the duties of a port, harbor and river police. It was later given
special commission by Royal Decree of December 20, 1842 and it was called – Cuerco De
Seguridad Publica ( Corps of Crabbiness for Public Security).
 Gurdia Civil = Created by Royal decree on February 12, 1852, to partially relieve the
Spanish peninsula troops of their works in policing towns. It is consisted of a body of Filipino
policemen organized originally in each of the provincial capital of the province of Luzon
under the Alcalde Mayor.)
 Philippine Commission Act No. of 175 = (July 18, 1901) an act providing for the
organization and government of an Insular Constabulary.
 Sec. 1, Act 255 of October 3, 1901 = renamed the Insular Constabulary to Philippine
Constabulary (a national police institution for preserving peace, keeping order and enforcing
the law.
 Henry Allen = the first Chief of the Philippine Constabulary.
 Rafael Crame = the first Filipino Chief of the Philippine Constabulary.
 Act No 70 = (On January 9, 1901) The Metropolitan Police Force of Manila was organized
 E.O. 389 = Ordered that the PC be one of the four services of the AFP, dated December 23,
1940.
 P.D. 765 = Integration Act of 1975, dated August 8, 1975, established the Integrated National
Police (INP) composed of the PC as the nucleus and the Integrated local police forces as
components, under the Ministry of National Defense.
 E.O. 1012 =transferred to the city and municipal government the operational supervision and
direction over the INP units assigned within their locality.
 R.A. 4864 =It created the POLCOM (Police Commission) as a supervisory agency to oversee
the training and professionalization of the local police under the Officer of the President.
Otherwise known as the Police Professionalization act of 1966, dated September 8, 1966. It
was later renamed as the National Police Commission (NAPOLCOM).
 E.O. 1040 = Transferred the Admin. Control and Supervision of the INP from the ministry of
National Defense to the National Police Commission
 R.A. 6975 = It is otherwise known as the Department of Interior and Local Government Act of
1990, enacted on December 13, 1990. Established the PNP, BFP, BJMP and the PPSC.
 R.A. 8551 Philippine National Police Reform and Reorganization Act of 1998, enacted 1998,
amending the provision of R.A. 6975
 Act No. 181 = created the Division of Investigation (DI) of the Department of Justice dated
November 1938.
 R.A. 157 = created the National Bureau of Investigation, enacted June 19, 1947 and later
reorganized by R,A. 2678
 Line and Staff = the organizational structure of the P.N.P. which is also adopted by many
police organization in the world.
 P.N.P. = headed by Chief with a rank of Director General with two (2) Deputy Director
General (1) for Administration and (2) for Operation. Although there are three (3) Deputy
Director General ranks.
 SOP No. 7 = prescribed PNP guidelines in the conduct of operations against terrorists and
other lawless elements involved in terrorist activities.

United Nations = officially came into existence on October 24, 1945


= Coined by Winston Churchill and Franklin D. Roosevelt in the declaration by United Nation. This
declaration was made to officially state the Cooperation of the allies (Great Britain, the United
States, and the Union of soviet Socialist Republics)

Branches of UN
1. UN general Assembly = This is the main decision- making and representative assembly in the
UN through its policies and recommendations. It is composed of all member states , is headed by a
president elected from the member states, and meets from September to December

Functions of General Assembly


a. Deliberative = initiating studies and making recommendations for the development of international
law
b. Supervisory = receiving and considering annual and special reports from another organs
c. Financial = approval and apportionment of budget
d. Elective = election of non-permanent members of the security council
e. Constituent = admissions of members and the amendments of charter

2. UN Security Council = is another branch in the organization of the UN and is the most powerful
of all the branches.

FUNCTIONS
a. Preventive Action = consist of provisional measures to prevent a conflict from worsening, and may
involve the deployment of PEACEKEEPING AND OBSERVER missions
b. Enforcement Action = consist of deployment of air, sea and land forces
Five Permanent Members of Security Council
1. China
2. France
3. Russia
4. United Kingdom
5. United States
*The other 10 members are rotating or elective members for a period of two years by the
General Assembly

3. International Court of Justice = Located in the Hague, Netherlands. This branch is responsible
for the judicial matters of the UN.
4.Secretariat = Its main responsibility is providing studies, information, and other data needed
5. Economic and Social Council = consists of 45 members elected by the General Assembly for a 3
year term.

Efforts are Towards the Following:


a. Higher standards of living
b. Condition of economic and social progress and development
c. Solutions of international economic, social, health and related problems
d. Universal respect for human rights and fundamental freedoms

6. Trusteeship Council = assists the security council and the general assembly in the administration
of the International Trusteeship System

UN CHARTER = it is closest to a constitution that basically governs the relations of international


persons. Technically, it is a Treaty.
TREATY = an international agreement concluded between states in written form and sworn by
international law, whether embodied in a single instrument or in two or more instruments and
whatever its particular designation.

INTERPOL
 Interpol (1923) = (International Criminal Police Organization) is the police forces organization
that primarily manifest global or international cooperation in addressing transnational crime.
Its headquarters was initially located in Vienna Austria (it is where Interpol was founded) but
at present it is transferred to Lyon France.
 INTERPOL = is the world’s largest international police organization, with 190 member
countries. It exists to help create a safer world by supporting law enforcement agencies
worldwide to combat crime.
 It aims to facilitate international police co-operation, and supports and assists all
organizations, authorities and services whose mission is to prevent or combat internal crime.
 = the organization of law enforcement agencies worldwide that serves as transmission or
communication line for the exchange of information, data and request for assistance
between and among the member countries.
 It focuses on: (1) Combat crimes and transnational crimes; (2) protect minorities against
the dominant groups; and (3) Maintain law enforcement regardless of race or religion.

INTERPOL’ s Structure
 General Assembly
 Executive Committee
 General Secretariat
 National Central Bureaus
 Advisers
 The Commission for the Control of INTERPOL’s Files.

General Assembly = is the supreme governing body of the Interpol, it meets annually and
comprises delegates appointed by each member country. The assembly takes all important decisions
related to policy, resources, working methods, finances, activities and programmes.

Executive Committee = consisting of 13 members elected by the General Assembly and comprises
the president, three vice –presidents and nine delegates covering the four regions.
It is the INTERPOL’s select deliberate organ which meets three times a year, usually in
March, July and immediately before the General Assembly.

Current Members of the EC as of 2012


 KHOO Boon Hui (Singapore) – Current President and Singapore’s Senior Deputy Secretary
of the Ministry of Home Affairs and former Commissioner of Police.
3 Vice Presidents
Adamu Abubakar MOHAMMED (Nigeria)
Mireille BALLESTRAZZI (France)
Oscar Adolfo NARANJO TRUJILLO (Colombia)

9 Delegates
 Pieter Jaap AALBERSBERG (The Netherlands)
 Fath ELRAHMAN Osman (Sudan)
 Emmanuel GASANA (Rwanda)
 Francisco GIL MONTERO (Spain)
 Nobuyuki KAWAI (Japan)
 Tariq KHOSA (Pakistan)
 Sanna PALO (Finland)
 Marcos VASQUEZ MEZA (Chile)
 Timothy A. WILLIAMS (United States)

General Secretariat = (Lyon, France) operates 24 hours a day, 365 days a year and is run by the
Secretary General. It Works with Officials of more than 80 countries side-by-side using four official
languages: Arabic, English, French and Spanish. It consists of seven (7) regional offices across the
world namely:
 Argentina,
 Cameron,
 Cote D’Ivoire,
 Kenya,
 El Salvador,
 Thailand, and
 Zimbabwe.

National Central Bureaus (NCB) = Each INTERPOL member country maintains a National Central
Bureau staffed by National law enforcement officers. The NCB is the designated contact point for
the General Secretariat, regional offices and other member countries requiring assistance with
overseas investigations and the location and apprehension of fugitives.

Advisers = these are experts in a purely advisory capacity, who may be appointed by the Executive
Committee and confirmed by the General Assembly.

Commission for the Control of INTERPOL’ File (CCF) = this is an independent body whose
mandate is threefold:
(1) to ensure that the processing of personal information by INTERPOL complies with the
Organization’s regulations,
(2) to advice INTERPOL on any project, operation, set of rules or other matter concerning the
information contained in INTERPOL’S files.

INTERPOL’s Governance = comprises the General Assembly and the Executive Committee, which
is headed by the President.
The President of the Organization is elected by the General Assembly for a period of four (4)
years. His role is to chair the General Assembly and Executive Committee and ensure that
INTERPOL’S activities conform with decisions made at these meetings.

 Oskar Dressler = the first secretary general of the Interpol.


 Johann Schober = the first president of the Interpol.

INTERPOL’S NOTICE
1. Red Notice – a notice which is issued to seek the arrest or provisional arrest of wanted persons
with a view to extradition.
2. Blue Notice – this type of notice is issued in order to locate, identify or obtain information on a
person of interest in a criminal investigation.
3. Green Notice – to warn about a person's criminal activities if that person is considered to be a
possible threat to public safety.
4. Yellow Notice – to help locate missing persons, often minors, or to help identify persons who are
unable to identify themselves.
5. Black Notice – a notice issued to seek information on unidentified bodies.
6. Orange Notice – to warn of an event, a person, an object or a process representing an imminent
threat and danger to persons or property.
7. Purple Notice – issued to provide information on modus operandi, objects, devices and
concealment methods used by criminals.
8. INTERPOL–United Nations Security Council Special Notice – is issued for individuals and
entities that are subject to UN sanctions.

The following are channels of global bilateral and multilateral international cooperation against
transnational crime:
 Global multi-lateral cooperation via Interpol;
 Bilateral police cooperation agreements with individual states;
 European multilateral cooperation via Europol.

*System of policing that serves as a grass root approach to bring the people and the police together in
cooperative manners:
 Problem Oriented Policing
 Community Oriented Policing
 Cooperative Policing
 Team Policing

INTERPOL’s FOUR CORE FUNCTIONS


1. Secure Global Police Communications Services
INTERPOL developed the I-24/7 global police communications system to exchange crucial
data quickly and securely is a cornerstone of effective international law enforcement.

2. Operational Data Services and Databases for Police


INTERPOL provides operational data services and databases for police to fight
international crime, police need access to information which can assist investigations or help prevent
crime. INTERPOL manages several databases, accessible to the INTERPOL bureaus in all member
countries through its I-24/7.

3. Operational Police Support Services


a. 24-Hour Support
The Command and Co-ordination Centre(CCC) operates round the clock in all of
INTERPOL’s four official languages (English, French, Spanish and Arabic) and serves as the first
point of contact for any member country faced with a crisis situation.
b. Crisis Response and Major Events
In the event of a disaster or major crime, INTERPOL Response Teams or Disaster Victim
Identification teams composed of officers from the General Secretariat and member countries can be
dispatched to the scene within hours of an event.
c. International Alert System
An important component of INTERPOL’s operational police support is the notice system, of
which the Red Notice for wanted persons is the most well known. In addition to the six color-coded
notices (Red, Blue, Green, Yellow, Black and Orange), is the INTERPOL-United Nations Special
Notice issued for groups or individuals who are the targets of UN sanctions against Al Qaeda and the
Taliban.
d. Analyzing Crime Data
Criminal intelligence analysis is recognized by the law enforcement community as a
valuable tool, helping to provide timely warning of threats and operational police activities. INTERPOL
contributes to investigations by assisting officers working at the General Secretariat and in member
countries with research and analysis on crime trends and with training courses in criminal analysis
techniques.

Divisions of Criminal Intelligence Analysis


a. Operational Analysis = aims to achieve a specific law enforcement outcome. Usually, it has
immediate benefit
b. Strategic Analysis = provides early warning signals of threats and to support decision making in
setting priorities to deal with criminal issues

4. Police Training and Development


As one of the 4 INTERPOL core functions, Police Training and Development continues to
evolve as a priority for INTERPOL and member countries.

ASEAN NATIONAL POLICE (ASEANAPOL)


1981 (Manila) = The first formal meeting of The Chiefs of ASEAN Police
= Attended by 5 original member countries (Indonesia, Malaysia, Philippines,
Singapore and Thailand)

FIVE OTHER MEMBERS


1. Brunei 4. Myanmar
2. Cambodia 5. Vietnam
3. Lao

IMPORTANT DATES
 1983 (Jakarta) = Endorsement of the model & design of ASEANAPOL logo
 1984 (Kuala Lumpur) = Royal Brunei Police became a member and joined the annual
conference
 1996 (Kuala Lumpur) = Vietnam joined as a new member
 1998 (Brunei) = Laos joined ASEANAPOL
 2000 (Myanmar) = Myanmar became the 10th country to joined as a new member
 2005 (Bali) = The setting up of a working group to consider the viability of establishing a
permanent ASEANAPOL Secretariat
= Silver Jubilee Commemoration of ASEANAPOL
 2008 (Brunei) = The Royal Malaysia Police was chosen as a host of permanent
ASEANAPOL Secretariat
 2009 (Vietnam) = Adoption of Terms of Reference (TOR)
 2010 = On 1st January 2010 commencement of ASEANAPOL Secretariat in Kuala Lumpur,
Malaysia

ORANIZATION
1. ASEANAPOL EXECUTIVE COMMITTEE = comprise of deputy heads of delegation attending the
annual ASEANAPOL conference. It provides a summary reports of the activities of the Secretariat to
the Head of the Delegation

2. ASEANAPOL PERMANENT SECRETARIAT = is on rotational basis with member countries taking


turn to host the ASEANAPOL conference and automatically assume the role of the secretariat for the
current year.
= headed by executive director and assisted by 2 directors

Tenure of Services
a. Executive Director - 2 years
b. Directors - 3 years (one for Police Services and one for Plans and Programs
*During the 29th ASEANAPOL Conference in Hanoi, Vietnam in 2009, the Terms of
Reference on the establishment of ASEANAPOL Secretariat was finally endorsed. Kuala Lumpur
was made the permanent seat.
*The ASEANAPOL Secretariat started its operation fully on January 1, 2010.

VI. Fundamentals of Criminal Investigation and Intelligence

CRIMINAL INVESTIGATION – is an art which deals with the identity and location of the offender and
provides evidence of guilt through criminal proceedings.

INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim:

a. to identify the guilty party;


b. to locate the guilty party; and
c. to provide evidence of his guilt.

PRIMARY JOB OF AN INVESTIGATOR


The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he must
discover how it was committed, by whom, where it was committed, when and why it was committed
(Cardinal points of Investigation 5W’s and 1H).
SIX CARDINAL POINTS OF INVESTIGATION
WHAT specific offense has been committed? Nature of crime
WHERE crime was committed? Place or location
WHEN it was committed? Time and date
WHOM it was committed? Persons/s involved
WHY it was committed? Reason or motive of

Committing the crime


HOW it was committed? Manner, method or modus

operandi

QUALITIES OF A GOOD INVESTIGATOR


1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen power of observation

TRAINING

Training, as one of the foundations of investigation, is concededly a vital ingredient in the


creation of a total investigator. Experience alone does not make one good investigator. Many who had
been hostage to this notion often ended in jeopardy. The ideal conjugal partnership is training and
experience. The fusion of the best training and vast experience is a formidable force that can threat
even the most sophisticated technology and syndicated crimes. The necessity of training as a
purveyor of change builds the investigator’s confidence. It widens his vision for professional growth
and strengthens his will to survive and prevail over crises.

The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety
College is the institution that trains uniformed personnel of the Philippine National Police to become a
certified investigator.

THREE TOOLS OF INVESTIGATION

1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.

Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news
items.
b. Cultivated Sources – information gathered upon initiative of the investigator from informants,
vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as
prisoners and ex-convicts.
2. INTERVIEW AND INTERROGATION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or
known.

This is the questioning of a person believed to possess knowledge that is in official interest to
the investigator.

BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does
not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk
to law enforcers. This makes interviewing an art.

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for
Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion.

Identity – prior to the commencement of an interview, the investigator should identify himself
to the subject by name, rank and agency. Except, when there is no need to know the officer’s identity.

Rapport – it is good to get the positive feeling of the subject towards the investigators, such
friendly atmosphere is a vital for both the subject and the investigator t have a better interaction.

Opening Statement – the investigator must have to indicate why the subject is being
contracted.

Narration – the witness should be allowed to tell all he knows with little interruptions from the
investigator.

Inquiry – after all information have been given by the subject, that is the time for the
investigator to as question to clarify him about the case under investigation.

Conclusions – after the interview, it is but proper to close the interview with outmost courtesy
and thanking the subject for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time


b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)

INTERROGATION –is a questioning of a person suspected of having committed an offense


or a person who is reluctant to make full disclosure of information in his possession which is pertinent
to the investigation.

What are the purposes of Interrogation?


a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES

Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional
stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality
and decide what motivation would prompt him to tell the truth, and then provide those motives through
appropriate emotional appeals.

Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.

Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and
friendly manner.

Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.

Shifting the blame


The interrogator makes clear his belief that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.

- Mutt, the relentless investigator, who is not going to waste any time because he
knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair

This is applicable when there is more than one suspect. The suspects are separated and one
is informed that other has talked.
Pretense of Physical Evidence

The investigator may pretend that certain physical evidence has found by laboratory experts
against him.
Jolting

May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the extent of confessing:
CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement
officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in
investigation where there is strict observance of the Miranda Doctrine.

MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme
Court Jurisprudence which laid down the constitutional rights of the accused during custodial
investigation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the
Philippines.

3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes.
In cases where there are no significant physical evidence to be found, then the use of instrumentation
is relatively unimportant.

PHASES/STAGES OF CRIMINAL INVESTIGATION

1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS

METHODS OF IDENTIFYING CRIMINALS

a. By confession or admission of the criminal himself


b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. Judicial Confession– those made by the accused in open court. The plea of guilt may be
during arraignment or in any stage of the proceedings where the accused changes his plea of
not guilty to guilty.
ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of
guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It
implicates but does not incriminate. It is also an acknowledgement that a fact, action or circumstances
are true which strongly infer or directly admit guilt but lacks the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. Confession or admission must be taken preferably in writing and under oath


2. It must be written in the language known and understood by the accused, if not it must be
clearly translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent and independent
counsel chosen by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

a. Known criminals
b. Unknown criminals
Methods of Identification by witness

a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal Illustration)
The value of identification by eyewitness depends on:

a. The ability to observe and remember distinct appearance of suspect;


b. Prevailing condition of visibility;
c. The lapse of time.
What are the procedures of identification by eyewitness?

a. Physical line-up – is a means of selecting a suspect from a group of innocent persons


usually composed of seven to ten persons. The purpose of line-up is to eliminate the
power of suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection


with other facts, the identity of the person can be inferred.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act


b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:

a. The suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.
PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the
crime scene. The suspect may leave some clues at the scene such as weapons, tools,
garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen
goods in the possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a
distinct pattern of how a crime is committed and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct and different from the other. It is a
criminal trademark, logo or brandname.

2. TRACING AND LOCATING THE CRIMINALS

INFORMANT – is a person who gives information to the police relevant to a criminal case about the
activities of criminals or syndicates.

TYPES OF INFORMANTS

a. Anonymous informant – do not wish to be identified.


b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS

a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration

SURVEILLANCE – is the secret observation of persons, places,and vehicles for the purpose of
obtaining information concerning the identities or activities of the subject.

a. Surveillance of Place (fixed/ stake-out)


b. Shadowing
c. Roping
SURVEILLANT – is the person who maintains the surveillance or performs the observation.

SUBJECT – the person or place being watched or surveyed.

KINDS OF SURVEILLANCE

1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping

How to conduct surveillance of place?

A careful survey of the surrounding area should be made. The character of the
neighborhood, residents and transient should be noted. The observation point should be selected
properly. When observation is conducted from a ‘plant’, surveillance agents must be extremely
careful not to reveal their true activity. Observation maybe made through a window or other aperture
so as to be unnoticed from the outside. Venetian blinds afford the best coverage, but may appear to
be out of place of some buildings. An alternative is to lower the roller of draw shades another inch
from the window. Binoculars are generally essentially equipment of the plants, as they facilitate
positive identification of person entering or leaving the place under and observation. A still or video
camera with telephoto lens can also be used effectively. Agents should take careful notes of what
they observe and should record detailed descriptions of all individuals entering the target. A
chronological log is usually the best of recording pertinent occurrences.

TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant
available, volume of pedestrian traffic and importance of concealing the surveillance.

METHODS OF SHADOWING

a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view
at all times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents
detection.
d. Progressive/Leap from method – poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.

What are the things that should be avoided during shadowing?

a. Don’t meet the eye of the subject


b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. Don’t make notations ostensibly
How to detect foot surveillance?

A subject who is suspicious of being under surveillance may resort to trickery in order to verify
his suspicion. When a subject resort to such trickery, it is good policy to change agents, for the
suspect may have ‘spotted’ one or more of his surveillants.

a. stopping abruptly and look back


b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows
k. walking slowly and rapidly at alternate intervals
l. dropping a piece of papers to see if anyone retrieves it
m. stopping to tie a shoe string, meanwhile looking around for surveillants
n. arranging with a friend in a shop, stores or other places to watch for surveillants.

How to elude foot surveillance?

Common method to elude foot surveillance in which surveillants must be prepared and guard
against are the following:

a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his
action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing

AUTOMOBILE SURVEILLANCE

The methods of auto surveillance to be used depends upon the numbers and type of
surveillance vehicles available, the volume of vehicular traffic in the area, the importance of
concealing the surveillance from the subject, and the subject’s estimated ability to detect and elude
surveillance. At all times each vehicle should be occupied by at least two agents; one to concentrate
on driving, and the other to observe, take notes, operate radio equipment, or to dismount and
continue the surveillance on foot.

How to detect automobile surveillance

As in the case of foot surveillance, a subject who believes he is being followed may resort to
trickery in order to verify his suspicions. Some of the common tricks employed:

a. Alternate fast and slow driving


b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way streets, and running through red lights
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down
How to elude automobile surveillance

a. Committing traffic violations


b. Using double entrances to driveways; in one and out the other
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a
decoy.
UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a
different and unofficial identity in order to obtain information.

DEFINITIONS

a. Undercover- an investigative technique in which the Agent’s/Investigator’s official identity


is concealed to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged
documents.

3. GATHERING EVIDENCE

CRIME SCENE INVESTIGATION


It is the conduct of processes, more particularly, the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect/s at the crime scene.

SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551
(PNP Law). The former law placed the Philippine National Police Crime Laboratory as an Operational
Support Unit. The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO)
which is field operation. This is now an innovation because the SOCO now gathers all evidence at the
crime scene and takes custody of them, marking and tagging them which otherwise the duty of the
criminal investigator before.

What Constitute a Crime Scene?


a. Crime scene can be understood to include all areas in which the criminal, any possible victim
and any eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively
preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.

GOLDEN RULE AT CRIME SCENE INVESTIGATION

Never touch, move, or alter any object at the crime scene unless it has been photographed,
measured, and sketched from any conceivable angle.
UPON RECEIPT OF THE CRIME INCIDENT

1. The Desk Officer shall:


a. Record the date and time the report/complaint was made, the identity of the person
who made the report, place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

2. The First Responder shall:


a. Cordon off the crime scene with whatever available materials like ropes, straws,
human barricade, police line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER


A. Receipt of Briefing and Designation of Command Post

Command Post – an area which, is ideally located adjacent to the Crime Scene where the
CSI Evidence Custodian stays and receives the pieces of evidence turned over to him for
safekeeping by the other evidence collectors.

B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)


a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific assignments;
and
g. From his assessments, he develops a general theory of the crime scene.

C. Preparation of Narrative Report


The Team leader uses the systematic approach in making a narrative report.

D. Documentation of the Crime Scene


The photographer begins taking photographs as soon as possible. The evidence collectors do
not touch or moved any evidence once it is located until it has been identified, measured and
recorded.

PHOTOGRAPHING THE CRIME SCENE


The main objective crime scene photography is to create an accurate objective visual record
of the crime scene before any item ismoved as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS


1. General View or Long-Range – photograph of the over-all scene.
Distance: From the doorway to the room and other corners of the room

2. Mid-Range View
Distance: Eight or ten feet from the victim

3. Close-up View – every physical evidence must be photographed in close-up view and for
different angles.

CRIME SCENE SKETCHES


A rough sketch is prepared indicating the actual measurement of things with scale and
proportion observed and oriented to the North Pole. All necessary information is placed in the sketch.

ELEMENTS OF SKETCH

a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title

SPECIFIC KINDS OF SKETCHES

a. Sketch of Locality- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
b. Sketch of the Ground- picture of the scene of the crime with its nearest physical
surrounding.
c. Sketch in Details – the immediate scene only.
d. Exploded/ cross projection – gives the clear impression of the scene in cases where
blood stains or bullet holes are found.

SKETCHING METHODS

a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch

TYPES OF MEASUREMENTS

1. Rectangular coordinates method – a sketching method that involves measuring the


distance of an object from two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an
object along a straight line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string,
chalk line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or some method
of measuring angles between two lines. One point is selected as the origin and a line
extending from the origin becomes an axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up
like a lid of a hinged box, with the four walls opening outward. Measurements are then
indicated from a point on the floor to the wall.

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photograph and sketched to
systematically look for physical evidence that may prove useful in establishing that a crime has been
committed and to determine what method of operation the perpetrator may have used.

METHODS OF SEARCH

a. Strip or Line Search Method – the searchers will proceed at the same pace along the
path parallel to one side of the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for
large crime scene.
c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and
each searcher is assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie-like
fashion.

E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.Notes
must include:

a. Detailed written description of the Crime Scene with locations of recovered physical evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.

F. Collection of Physical Evidence


The competence to recognize and properly collect physical evidence is critical to both solving
and prosecuting crimes.
The team leader is always informed of significant evidence located. The evidence collectors
shall put his initial, location and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.

PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed or which, in general assist in the prosecution of criminal. It embraces
any object, living or inanimate, solid, liquid, or gas state.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:

a. The article must be properly identified


b. Chain of custody must be proved
c. The evidence must be material and relevant

CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment
they were collected, marked and tagged, up to the time of the final disposition of the case.

G. Conduct of Final Survey


The team leader makes a final review on the crime scene to determine whether or not the
processing has been completed.

H. Release of the Crime Scene


The release of the crime scene is done if the investigator is satisfied that all pieces of
evidence have been recovered. Thus, the investigator must evaluate the items recovered from the
results of the interrogations of the suspect/s and the interview of the witnesses. He must bear in mind
that upon the formal release of the crime scene to the proper authority, the warrant is already required
for his re-entry to the crime scene.

VII. Introduction to Industrial Security Concepts

INDUSTRIAL SECURITY MANAGEMENT

DEFINITION OF SECURITY
- Generally, the meaning of security is a kind of state where people, institution, authority or groups feel
fully secured of feeling, free from any threat or vulnerability from somewhere or someone in his/her
life,
liberty, property or activity. It could be in physical, psychological, social or economical form.
-It is a state or quality of being secured, freedom from fear or danger, assurance, certainty.
-It is the degree of protection against danger, loss, and criminals.
- Protection against any type of crime to safeguard life and assets by various methods and device.

BASIC PRINCIPLES OF SECURITY


1. Command Responsibility
-Cannot be delegated but the security tasks can be assigned.
2. Compartmentation
-Need to know basis
3. Balance between security and efficiency
-Security prevails over efficiency
4. General principles of security remain constant
-Specific measures to suit operations
5. Security is the concern of all personnel
-Regardless of rank, position, designation

TYPES OF SECURITY MEASURES FOR AN EFFECTIVE DEFENSE AGAINST CRIMES:


1. ACTIVE MEASURES – these involve the installation of physical barriers, security lighting, use of
vaults, locks and others.
2. PASSIVE MEASURES – those that will deter man from committing such act of fear of being
caught, charge in court or get dismissed, such as: security education, programs, investigations,
seminars, personnel security check.

Brief History of Security in the Philippines


- The private security business began on March 11, 1933, when the first formally licensed private
security agency “Special Watchman Agency” started operations;
- Later it renamed “Jimenez Security Agency”, founded by brothers Juan and Pedro Jimenez;
- On May 30 1958, the Philippine Association of Detectives and Protective Agency Operations
(PADPAO) was formally organized;
-RA 5487 was passed on June 13, 1969 through the continuous lobbying of the incorporators
andofficers of PADPAO, which set the standards and minimum requirements for the operations of
security agencies.
- P.D. 11 was passed on October 3, 1972, widening the coverage of RA 5487 to include security
guards employed in logging concessions, agricultural, mining and pasture lands;
- P.D. 100 was issued on January 17, 1973, broadening the coverage of the security industry to
include employees of the national or local government or any agency who are employed to watch or
secure government building and properties.
- On August 1969, the Philippine Constabulary activated the Security and Investigation Supervisory
office
or SIASO to supervise and control the organization and operation of private security and detective
agencies nationwide;
- Later it was renamed Philippine Constabulary Supervisory Office for Security and Investigation
Agencies or PCSUSIA.
- With the passage of RA 6975, this unit was absorbed by the Philippine National Police;
-Later it was made into a division of the PNP Civil Security Group and was renamed Security
Agencies and Guard Supervision Division (SAGSD);
- It was renamed to PNP Supervisory Office for Security Investigation Agency (SOSIA).

THREE MAJOR AREAS OF SECURITY


1. Physical Security
2. Personnel Security
3. Document and Information Security

TYPES OF SECURITY
1. PHYSICAL SECURITY

Definition

– a system of barriers placed between the potential intruder and the objects/matter to be protected. It
is the broadest branch of security, which is concerned with physical measures adopted to prevent
unauthorized access to equipment, facilities, materials and documents and to safeguard them against
espionage, sabotage, damage and theft.

OBJECTIVES:
a. To protect the organization’s asset;
b. To make access so difficult that an intruder will not dare attempt penetration.

CONCEPTS:
a. Enemy agents will always seek access;
b. Surreptitious entry is the greatest hazard to security;
c. There are no impenetrable barriers;
d. Each installation is different.

FACTORS THAT BRING INSECURE CONDITION:


1. Threat
– An indication of impending danger or harm;
- positive inimical acts
2. Hazard
– A chance of being injured or harmed;
-passive inimical acts
3. Vulnerability
– inability to withstand the effects of a hostile environment
-measure of how open an establishment to intrusion, attack or injury
4. Risk
– is the potential that a chosen action or activity (including the choice of inaction) will lead to a loss (an
undesirable outcome).
-probability of an event to happen that will lead to loss.

SECURITY HAZARD
An act or condition which results in a situation conducive to a breach of the protection system and the
subsequent loss or compromise, or damage to personnel, property or facilities.

KINDS OF HAZARDS
1. Man –Made Hazards – an acts or conditions affecting the safe of operation of the facility caused by
human action, accidental or intentional. It includes sabotage, espionage, pilferage and theft.

2. Natural Hazard – cause by natural phenomena which cause damage, disturbance and problems of
normal functioning activities, including security. It includes flood, lighting, storms and volcanic
eruptions.

THE EXTENT OF DEGREE OF RISK TO SECURITY WILL BE DEFENDANT ON THE


FOLLOWING:
1. RELATIVE CRITICALITY OF OPERATIONS- Is the importance of the firm which reference to the
national economy and security.
2. RELATIVE VULNERABILITY – The susceptibility of the plant or establishment to damage, loss, or
disruption of operation due to various hazard.
BARRIER – can be defined as any structure or physical device capable of restricting, deterring,
delaying, illegal access to an installation.

Generally, a barrier is use for the following purposes:


1. Outline the perimeter of the area to be secured;
2. Create a physical and psychological deterrent to unauthorized entry;
3. Delay intrusion, thus facilitating apprehension of intruders;
4. Assist in more efficient and economical employment of guards;
5. Facilitates and impose the control of pedestrian and vehicular traffic.

1. FIRST LINE OF DEFENSE – Perimeter barrier/fences - a medium or structure which defines the
physical limits of an installation or area to restrict or impede access thereto.
2. SECOND LINE OF DEFENSE – Doors, floors, windows, walls, roofs and grills.
3. THIRD LINE OF DEFENSE – Storage system like steel cabinets, safes, vaults and interior files.

GENERAL TYPES OF PHYSICAL BARRIER:


1. NATURAL BARRIER – include mountains, rivers, seas, desserts or terrain difficult to traverse. To
be fully effective, these barriers must be under surveillance of guards.
2.STRUCTURAL OR MAN-MADE BARRIER – structural constructions made by man like fences,
walls, floors, roofs, grill or other physical means to deter or impede penetration.
TYPES OF FENCES
1. SOLID FENCE – Constructed in such away that visual access through the fence is denied. Its
advantage is that it denies the opportunity for the intruder to become familiar with the personnel,
activities and the scheduled movements of the security personnel. On the other hand, it prevents the
guards from observing the area around the installation and it creates shadow that may be used by the
intruder for cover and concealment.
WALL – Masonry wall should have the same as the chain linked and surrounded by the barbed wire
as top guard.
2. FULL VIEW FENCE – It is constructed in such a way that visuals access is permitted through the
fence. Its advantage is that it allows the security personnel to keep the surrounding of the installation
under observation. On the other hand, it allows the intruder to become familiar with the movements
the security personnel.

TYPES OF FULL VIEW FENCE


1. CHAIN LINK FENCE
- Should be constructed minimum height of 7 feet excluding top guard;
- 9 gauges or heavier;
- Mesh openings of not larger 2 inches per side;
- Twisted;
- Securely fastened to rigid material or reinforced concrete;
- Reach within 2 inches of hard ground or paving;
- On soft ground, it must reach below surface deep enough to compensate for shifting soil or sand.
2. BARBED WIRE FENCE - is a type of fencing wire constructed with sharp edges or points arranged
at intervals along the strand(s). It is used to construct inexpensive fences.
3. Concertina Wire or Dannert Wire – is a type of barbed wire or razor wire that is formed in large
coils which can be expanded like a concertina.
-Opened concertina wire is 50 feet long and 3 feet diameter.

ADDITIONAL PROTECTIVE MEASURES


Top Guard- an addition overhang or barbed wire place on vertical perimeter fences facing upward
and outward with a 45 degree angle with three to four strands of barbed wires space six inches apart.
This will increase the protective height and prevent easy access.

3. Entry Stations – provided at main perimeter entrances to secure areas located out of the doors,
and manned by guards on a full time basis.
4. Towers – a house like structures above the perimeter barrier. Height of tower increases the range
of observation during day and night with artificial illumination.
5. Clear Zones – unobstructed area maintain on both sides of the perimeter barrier. It affords better
observation and patrol movement. It should be cleared of anything that may provide concealment or
assistance to a person seeking an authorized entry.
CLEAR ZONE
- 20 feet or more between the perimeter barrier and exterior structure.
- 50 feet or more between the perimeter barrier and structure within the protected areas.

PROTECTION IN DEPTH
-In large open areas or ground, where fencing or walling is impracticable and expensive, warning
signs should be conspicuously placed.
- The depth itself is protection.

6. Signs and Notices – erected where necessary in the management of unauthorized ingress and
preclude accidental entry.

SECURITY LIGHTING
Provides sufficient illumination to areas during hours of darkness.

PURPOSES OF SECURITY LIGHTING


1. It improves visibility so that intruders can be seen, identified and apprehend;
2. It gives psychological fear, which serves as a deterrent to thieves, pilferers, trespassers, and
sabotage;
3. It makes easier. The routine of work of guards in identifying employees, vehicles during night time;
4. If placed in certain areas, may even reduce the number of stationary guards, and instead, may
require only roving patrols at night.

TYPES OF SECURITY LIGHTING


1. Stationary Luminary – most common type consisting of fixed series of luminaries. It is commonly
used on entry gates of employees and vehicles.
>Glare Protection Type – The intensity is focused to the intruder while the observer or the
guard remain in comparative darkness.
>Controlled lighting- The lighting is focused on certain objects than the background.
2. Standby Lighting – similar to continuous lighting but can be turned on manually or by special
device or other automatic means, when there is a suspicion of entry.
3. Emergency Lighting – stand by lighting which can be utilized in the event of electrical failure.

PROTECTIVE ALARMS
Is an aural or visual signal given by the annunciator to the security when intruder actuate certain
devices in a protected area. An annunciator is a visual or audible signaling device, which initiates
conditions of associated circuits.
Basically, alarm system are designed to alert security personnel of a attempted or consummated
intrusion into an area, building or compound. Each type of alarm is activated in the event that an
intruder tampers with the circuitry, a beam or radiated waves. Alarm are also for fire, smoke, or other
emergencies and presence of hazards.

THREE BASIC PARTS OF ALARM


1. Sensors
- device that can sense an abnormal condition within the system and provide a signal indicating the
presence or nature of the abnormality
2. CIRCUIT
- It is the communication channel that conveys the information from all sensors in the system to the
signal by means of wire, radio waves.
3. Signal
- The actual alarm may be audible or silent, a bell, buzzer, phone ringing, or flashing of light.
TYPES OF PROTECTIVE ALARM
1. Central Station System – Several separate compounds tie their alarm system to a central station
so that in case of need, the central station calls for assistance to the police, fire department, hospital
or with other government assisting units.
2. Proprietary System – Similar to the central station type excepts that the proprietary console is
located inside the subscribers installation who owns or bases the system.
3. Auxiliary System – An installation owned system which is a direct extension of the local
enforcement agency and/or fire department by special arrangements.
4. Local Alarm System – Consists of rigging up a visual or audible alarm near the object to be
protected. In case of alarm, response will be made by the local guards and other personnel within
sight or hearing.

FIRE PROTECTION
FIRE ALARM - - Any visual or audible signal produced by a device or system to warn the occupants
of the building or fire fighting elements of the presence or danger of fire to enable them to undertake
immediate action to save life and property and to suppress the fire.
DEVICES
1. Smoke Detector - a device placed at the ceilings of the floor that detects smoke, typically as an
indicator of fire.
2. Fire Bell -a hollow device made of metal that makes a ringing sound.

AUTOMATIC SPRINKLER – a type of built in sprinklers which works by the increase of room
temperature and which automatically operates the system to put out the fire. Attached and distributed
in the ceiling of the rooms. These sprinklers will go into action once a fire starts, and those that will
open are those that are directly above the fire and water is delivered where it is needed.

STAND PIPES
G.I. steel or plastic pipes located inside the building from the lowest to the top floor with water under
pressure for use in case of fire. Located near the standpipe is a fire hose usually enclosed in a glass
box.

FIRE HYDRANT
It is a mechanical device strategically located in an installation or in a street where a fire hose will be
connected so that the water will be available to extinguished a fire.

FIRE EXTINGUISHER
Is a fire fighting equipment which can is a fire fighting equipment which can be portable or in cart that
is used to put out fire depending on the contents to extinguish certain types of fire.

CLASSES OF FIRE
1. CLASS A FIRES – involving ordinary combustible materials such as wood, cloth, and paper,
requires an extinguishing agent which cools. A water or multi-purpose dry chemical can be used.
2. CLASS B - fires involving flammable and combustible liquids and gases, such as solvents,
greases, gasoline, and lubricating oil, require an extinguisher which removes oxygen or cuts the chain
reaction. Foam, carbon dioxide, dry chemical, are effective.
3. CLASS C - fires involve energized electrical equipment (live electrical wires, electrical appliances).
A non-conducting extinguishing agent such as carbon dioxide or multi-purpose dry chemical must be
used.
4. CLASS D FIRES – the result of the combustion of certain materials in firely divided forms. These
metals can be magnesium, potassium, powdered aluminum and zinc.

HOW TO OPERATE FIRE EXTINGUISHER


-If you need to use a fire extinguisher, remember the word PASS :
 PULL the pin - Fire extinguishers often have a pin, latch, or puncture lever that you need to release
first.
 AIM low - Aim the nozzle or hose of the extinguisher at the base of the fire.
 SQUEEZE the handle - This releases the extinguishing agent.
 SWEEP from side to side - Move in close, and sweep across the base of the fire. Watch for reflash
of the fire.

ALARM DEVICES
1. Magnetic Door Contact -is a protective device usually placed in the door, and window that can
send notification when the opening and closure occurs
2. Vibration Contact – devices mounted on barriers and are used primarily to detect an attack on the
structure itself. When movement or vibration occurs, the unstable portion of the circuit moves and
breaks the current flow, which produces an alarm.
3. Passive Infrared Detector (PIR) or Motion Sensor –PIRs are able to distinguish if an infrared
emitting object is present by first learning the ambient temperature of the monitored space and then
detecting a change in the temperature caused by the presence of an object.
4. Panic button -Often located under the counter, the button can be pressed in times of distress
(Such as robbery, disruptive or threatening behavior, or a situation which may warrant assistance),
triggering a silent alarm.
5. CCTV - A video monitoring system is more commonly known as Closed Circuit Television Systems.
A CCTV system is a system consisting of a television camera, video monitor, and a transmission
medium (Cable, fiber or wireless) connecting the two. It is used to monitor the premises.

IP CAMERA
>IP based cameras work by turning images and audio into data then transmitting this data over a
network or Internet connection.
>IP cameras are a type of Closed Circuit Television Camera (CCTV) used for capturing images and
audio recordings in surveillance for homes and businesses.
-The IP name stands for Internet Protocol, a system that allows the transmission of images captured
by a digital video recorder (DVR) to the end destination computers and these components together
make up a video security system.

PROTECTIVE LOCKS
LOCK – defined as mechanical, electrical, hydraulic or electronic device designed to prevent entry to
a building or room.

Type of Locks
1. Key – Operated Lock
- It uses some sort of arrangement of internal physical barriers which prevent the lock from operating
unless they are properly aligned. The key is the device used to align these internal barriers so that the
lock may be operated.

PADLOCK – a portable and detachable lock having a pivoted or sliding hasp which possess through
a staple ring, or the like and is made fast or secured.

2. COMBINATION LOCK – a lock that requires manipulation of parts according to a predetermined


combination code of numbers.
3. CARD OPERATED LOCK/CODED LOCK – type of lock that can be opened by inserting a coded
card in a slot in the lock, or by pushing the correct button on the surface of the lock.
4. ELECTRONIC LOCK – type of lock that can be closed and opened remotely by electronic means.

BIOMETRICS
- A machine that can be used for identification of humans by their characteristics or traits.
- It is used as a form of identification and access control.
- It is equipped with recording device that can identify the person operating the lock and the time it
was operated.

KEY CONTROL
– defined as the management of keys in a plant or business organization to prevent unauthorized
individual access to the keys.
Change Key - a key to a single lock
Sub-Master Key - a key that can open all locks within a particular area or grouping.
Master Key – a special key capable of opening a series of locks
Grand Master Key – a key that can open everything in a system involving two or more master key
groups.

PETERMAN
-A term used in England for lock picker, safecrackers, and penetrators of restricted areas or rooms.
FALSE KEY
- Genuine key stolen from the owner

HUMAN BARRIER
Security guard – Is any natural person who offers or renders personal service to watch or guard
residential or business premises or both, government and/or their premises for hire and
compensation.
Security Supervisor – Is charged with directing the work and observing the behavioral performance
of the guard under his unit.

ORGANIZATION AND ADMINISTRATION OF SECURITY GUARD FORCE


Republic Act 5487, as amended – The Private Security Agency Law, approved on June 13, 1969.
2003 Revised Implementing Rules and Regulations (IRR) of RA 5487, as amended,
PNPSOSIA – Philippine National Police Supervisory Office for Security Investigation Agency – office
under the Civil Security Group which is charged with the supervision, direction and control of all
security agencies in the Republic.

WHO MAY ORGANIZE AND MAINTAIN PRIVATE SECURITY AGENCY AND PRIVATE
DETECTIVE AGENCY
Any Filipino citizen or corporation, association, partnership, one hundred percent of which is owned
and controlled by Filipino citizens.

BASIC REQUIREMENT OF AN OPERATOR OR MANAGER OF SECURITY AGENCY

1. Filipino citizen;
2. Not be less than twenty five (25) years of age;
3. College graduate and/or a commissioned officer in the inactive service or retired from the AFP
orPNP;
4. Has taken a course/seminar on Industrial Security Management and/or must have adequate
training or experience in security business,
5. Good moral character;
6. Having no previous record of conviction of crime or offense involving moral turpitude.

QUALIFICATIONS OF SECURITY GUARD OR WATCHMAN

1. Filipino citizen;
2. High School graduate;
3. Physically and mentally fit;
4. At least eighteen (18) years of age but not more than fifty (50) years old;
5. Has undergone Pre-Licensing course or its equivalent.
Veterans and retired military/police personnel honorably discharge including graduates of
ROTC advance (or its equivalent in the PNP) are exempted from the required Basic-Licensing
Training.

QUALIFICATIONS FOR SECURITY OFFICER

1. Filipino citizen;
2. Holder of a Baccalaureate Degree;
3. Physically and mentally fit;
4. Has graduated from a Security Officer Training Course or its equivalent

QUALIFICATIONS OF SECURITY CONSULTANT

1. Filipino citizen;
2. Physically and mentally fit;
3. Holder of Masters degree either in Criminology, Public Administration, MNSA, Industrial
Security Administration, or Law
4. Must have at least ten (10) years experience in the operation and management of security
business.

PRIVATE DETECTIVE
Any person who does detective work for hire, reward or commission, other than members of the AFP,
BJMP, PNP or any other law enforcement agencies.

QUALIFICATIONS OF A PRIVATE DETECTIVE

1. Filipino citizen;
2. Physically and mentally fit;
3. Holder of baccalaureate degree, preferably Bachelor of Laws or Bachelor of Science in
Criminology;
4. Graduate of a Criminal Investigation Course offered by the PNP or NBI or any police training
school, or a detective training in any authorized/recognized training center;
5. Advance ROTC/CMT graduate or its equivalent

DISQUALIFICATIONS

1. Having previous record of any conviction of any crime;


2. Having previous record of any conviction of any offense involving moral turpitude;
3. Having been dishonorably discharged or separated from employment or service;
4. Being a mental incompetent;
5. Being addicted to the use of narcotic drug or drugs, and
6. Being a habitual drunkard
7. Dummy of a foreigner

MORAL TURPITUDE
It is an act of baseness, vileness or depravity in the private and social duties which a man owes
to his fellowmen or to society in general, contrary to the accepted and customary rule of right and duty
between a man and man.
Conduct that is considered contrary to community standards of justice, honesty and good
morals. Examples . Rape, Forgery, Robbery

TYPES OF SECURITY GUARD FORCE


1. Company Guard Force – security force maintained and operated by any private
company/corporation utilizing any of its employees to watch secure and guard its establishment.
2. Security Agency service – security guard belonging to privately licensed agency (contractual
basis);
3. Government Guard Forces –security unit maintained and operated by any government entity
other than military or police.

POSSESSION OF FIREARMS
1. One (1) firearm for every two (2) security guards;
2. Private security agency/private detective agency/company security force/government security
force shall not be allowed to possess firearms in excess of five hundred (500) units.
3. Shotguns not higher than 12 gauge
4. Weapons with bores not bigger than cal .22 to include pistols and revolvers with bores bigger
than cal .38

Exemptions: in areas where there is an upsurge of lawlessness and criminality as determined by the
Chief PNP, Regional Office or their authorized representative, they may be allowed to acquire,
possess and use high powered firearms.

NUMBERS OF SECURITY PERSONNEL TO BE MAINTAINED TO SECURE REGULAR LICENSE


TO OPERATE
1. Private Security Agency – minimum of two hundred (200) licensed private security personnel and
a maximum of one thousand (1,000).

2. Company Guard Force/Private Detective Agency – minimum of thirty (30) and a maximum of
One thousand (1,000)

LIMITATION IN THE CARRYING OF FIREARMS


1. No firearm shall be borne nor be in the possession of any private security personnel except when in
actual performance of duty, in the prescribed uniform, in the place and time so specified in the Duty
Detail Order (DDO).
2. Shall be carried only within the compound of the establishment where he is assigned to guard.
3. While escorting big amount of cash or valuable outside of its jurisdiction or area of operation,
private security agency shall issue an appropriate Duty Detail Order to the security personnel
concerned

Duty Detail Order (DDO) – is a written order/schedule issued by a superior officer usually the private
security agency/branch manager or operations officer assigning the performance of private
security/detective services duties.
DDO for the purpose of post duties not requiring transport of firearms outside of the physical
compound or property of a client or client establishment shall be issued for not more than a thirty
(30) days duration.

CLASSIFICATION OF TRAINING AND ITS DURATION


1. Basic Security Guard Course (Pre-Licensing Course) – 150 hours;
2. Re-Training Course- 48 hours;
3. Security Officers Training Course – 300 hours
4. Basic Security Supervisory Course – 48 hours

- All Licenses to Operate have a validity of Two (2) years;


- All applications for renewal of License to operate (LTO) shall be filed at least sixty (60) days before
the expiry date of LTO;
- No application shall be approved unless a certification is issued by FED-CSG to the effect that all
licenses of firearms of the agency are updated/renewed for at least one (1) year forthcoming during
the validity of the renewed LTO.

Approval, Cancellation, Suspension of LTO


Chief PNP
-Approval of New Regular LTO
-Cancellation of Regular LTO
-Re-instatement of Regular LTO
-Suspension of Regular LTO

Director Civil Security Group


- Renewal of Regular LTO
- Approval of Temporary LTO
- Reversion of Regular to Temporary LTO
- Cancellation of Temporary LTO
- Suspension of Temporary LTO

SURETY BOND
Agency with 1 -199 guards – P50,000.00
Agency with 200-499 guards – P100,000.00
Agency with 500-799 guards – P150,000.00
Agency with 800-1000 guards – P200,000.00

STOCKING OF AMMUNITION
1. Stocks of ammunition in the agency shall not exceed fifty (50) rounds of ammunition per unit of duly
licensed firearms.
2. Individual issue to each security guards shall be limited to twenty five (25) rounds for every security
guard.

CONFISCATION OF FIREARMS OF SECURITY GUARD


1. When the firearm is about to be used in the commission of a crime;
2. When the firearm is actually being used in the commission of a crime;
3. When the firearm has just been used in the commission of a crime;
4. When the firearm being carried by the security guard is unlicensed or a firearm is not authorized by
law and regulation for his use;
5. When the confiscation of the firearm is directed by the order of the court;
6. When the firearm is used or carried outside the property, compound or establishment serviced by
the agency without proper authority; or
7. When a security guard does not possess any license to exercise his profession.
In all the above cases, the confiscating officer shall inform immediately the agency concerned.

REVOCATION OF LICENSE TO POSSESS FIREARM


1. Failure to submit any issued firearm for verification as required;
2. Carrying firearms by security personnel without appropriate Duty Detail Order;
3. When the firearm serial number has been duplicated on another firearm or using one firearms
license for more than one firearm other than those stipulated in the license;
4. Carrying of firearms outside of the place stated in the permit or in places prohibited under the law;
5. When the firearm was reported lost.

SECURITY PERSONNEL RANKS, POSITIONS, STAFFING PATTERN AND JOB DESCRIPTION


1. Security Management Staff
1.1 Security Director (SD) –Agency Manager/Chief Security Officer – responsible for the
entire operation and administration/management of the security agency.
1.2 Security Executive Director (SED) – Assistant Agency Manager/Asst. Chief Security
Officer – Assist the Security Director
1.3 Security Staff Director (SSD) – Staff Director for Operation and Staff Director for
Administration
>The Staff Director for operation -assistant of the security manager for the efficient operation
of the agency.
>The Staff Director for Administration - is the staff assistant of the agency manager for the
effective and efficient administration and management of the agency.
1.4 Security Staff Director for Training- Staff in charge for Training – responsible for the
training of the Agency’s security personnel

2. Line Leadership Staff


2.1 Security Supervisor 3 – Detachment Commander – is the field or area commander of
the agency;
2.2 Security Supervisor 2 – Chief Inspector – responsible for inspecting the entire area
covered by the detachment;
2.3 Security Supervisor 1 – Inspector – responsible for the area assigned by the Chief
Inspector or the Detachment Commander.

3. Security guard
3.1 Security Guard 1 – Watchman/guard- the one actually posted as watchman and or guard
3.2 Security Guard 2 – Shift in- charge – responsible for the security officers who are
scheduled in a certain shift for a particular period
3.3 Security Guard 3 – Post in- charge –responsible for the entire detailed security office
within a certain establishment.

Note: Security Agency operator/manager/owner can put its own staffing pattern provided it is
consistent with the provisions of IRR of RA 5487.

ADVANTAGES OF COMPANY GUARD FORCE


1. High caliber and receives higher salary;
2. Provides better service;
3. Can be trained to handle some of the more complex security duties;
4. More familiar with facilities they protect;
5. Tend to be more loyal with the company.

DISADVANTAGES:
1. May be required to join the union;
2. Cost more;
3. Problem of ensuring availability of back-up personnel.

ADVANTAGES OF AGENCY GUARD SERVICES


1. Less expensive;
2. Use is convenient;
3. Less administrative and personnel problems;
4. Agency assumes full responsibility for the scheduling and supervising of all guard personnel
5. Can easily obtain extra guard if needed;
6. Agency easily usually accepts liability of civil suits.

DISADVANTAGES:
1. Lack of training, low caliber employee;
2. No loyalty to the company;
3. Large turnover
4. Not familiar with facilities

ESSENTIAL QUALITIES OF SECURITY GUARD


1. Alertness – being watchful in spotting violator, a person, a vehicle or an incident;
2. Judgment – sound and good judgment to arrive at wise and timely decisions;
3. Confidence – faith in oneself and his abilities;
4. Physical Fitness – always in a condition to render effective service even under the most strenuous
conditions;
5. Tactfulness – ability to deal with others successfully without offending;
6. Self Control – ability to take hold of oneself regardless of a provoking situation.

GENERAL FUNCTIONS OF A SECURITY GUARD


1. Enforce company rules and regulations;
2. Operate and enforce the personnel identification system;
3. Patrol and observe designated areas, perimeter, structures, installation;
4. Take into custody a person attempting or giving unauthorized access in restricted, limited and
controlled areas
5. Check rooms, buildings, storage rooms of security interest and after working hours, check proper
locking of doors and gates.
6. Perform escort duties when required;
7. Respond to alarm signals or other indications suspicious activities and emergencies;
8. Safeguard equipment and material against sabotage, unauthorized access, loss, theft or damage;
9. At quickly in situations affecting the security of installation and personnel, to fire accidents, internal
disorder, attempts to commit criminal acts;
10. Control and regulate vehicle and personnel traffic within the compound as well as parking of
vehicle;
11. Other duties that is necessary in the security guard function;

POWER AND DUTIES OF SECURITY GUARD


1. Territorial Power – A security guard shall watch and secure the property of the person, firm or
establishment with whom he or his agency has a contract for security services. Such services shall
not extend beyond the property or compound of said person, firm or establishment except when
required by the latter in accordance with the terms of their contract, or in hot pursuit of criminal
offenders.
2. Arrest by Security Guard – A security guard or private detective is not a police officer and is not,
therefore, clothed with police authority. However, he may arrest a person under the circumstances
mentioned in Section 5, Rule 113, Revised Rules of Criminal Procedure.
3. Search without Warrant – Any security guard may, incident to the arrest, search the person so
arrested in the presence of at least two (2) witnesses. He may search employees of the firm or
establishment with which he or his agency has a contract, when such search is required by the very
nature of the business of the person, firm or establishment.

DUTIES DURING STRIKES AND LOCKOUTS


1. All private security personnel in direct confrontation with strikers, marchers or demonstrators shall
not carry firearms. They may carry only night sticks (baton) which may or may not be provided with
tear gas canister and dispenser. Security personnel not in direct confrontation with the strikers may
carry in the usual prescribed manner their issued firearm.
2. Private Security personnel shall avoid direct contact either physically or otherwise with the strikers;
3. They shall stay only within the perimeter of the installation which they are protecting at all times;
4. In protecting and securing the assets and persons of their clients, shall only use sufficient and
reasonable force necessary to overcome the risk or danger posed by strikers or hostile crowds.
5. They shall refrain from abetting or assisting acts of management leading to physical clash of forces
between labor and management.
6. They must at all times be in complete uniform with their names and agency’s name shown on their
shirts above the breast pockets.

FUNCTIONS OF A PRIVATE DETECTIVE


1. Background Investigation;
2. Locating missing person;
3. Conduct surveillance work;
4. Such other detective work as may become the subject matter of contract between the agency and
its clients. Except not contrary to law, public order, public policy morale and good custom.

POWERS OF CITY, MUNICIPAL MAYORS IN CASE OF EMERGENCY


>In case of emergency or in times of disaster or calamity when the services of any security
agency/entity and his personnel are needed. The city or municipal mayor, may muster or incorporate
the members of the agency or agencies nearest the area of such disaster or calamity to help in the
maintenance of peace and order, prevention of crime, or apprehension of violators of laws and
ordinance, and in the protection of lives and properties.
>They shall receive direct orders from the Chief of Police of the city or municipality for the duration of
the emergency, disaster or calamity.

SUPERVISION OF THE PNP


In case of emergency or in times of disaster or calamities, the Chief, PNP may deputize any security
guard to assist the PNP in the performance of police duties for the duration of such emergency,
disaster or calamity. Licensed guards, who are actually assigned to clients with DDO, shall be
deputized by the Chief, PNP, and clothed with authority to enforce laws, rules and regulations within
his area of responsibility.

INTER-RELATIONSHIP BETWEEN PRIVATE SECURITY PERSONNEL AND MEMBERS OF THE


PNP
1. Private security personnel are always subordinate to members of the PNP on matters pertaining to
law enforcement and crime prevention. They cannot enforce any provision of the law except in
executing citizen’s arrest and/or conducting initial investigation of a commission of a crime. In such
case, any arrested person shall be turned over immediately to the nearest PNP unit/station.
2. Criminal investigation is the responsibility of the PNP. All results of initial investigation conducted by
the private security personnel and all evidence gathered by them shall be turned over to the PNP
unit/station concerned as a matter of course without delay.

GROUNDS FOR CANCELLATION OF SECURITY GUARD LICENSE


1. Assisting or protecting criminals during on or off duty status;
2. Providing confidential information to unauthorized person;
3. Posted security guard found drunk or drinking intoxicating liquor; and
4. Other similar acts

THEFT AND PILFERAGE


Theft – committed by any person, who with intent to gain but without violence, against, or intimidation
of persons nor force upon things shall take personal property of another without the latter consent.
PSYCHOLOGICAL EXPLANATIONS ON THEFT
1. The need or desire. An individual may need or desire to commit the act because of financial
problem, inadequate income, extravagant living, gambling.
2. The psychological need (Kleptomania) -is an irresistible urge to steal items of trivial value. People
with this disorder are compelled to steal things, generally, but not limited to, objects of little or no
significant value.
3. The criminal tendency. The individual with such tendency may be more tempted to steal if security
control are inadequate.

THE CASUAL AND SYSTEMATIC PILFERER


Casual Pilferer – One who steals due to his inability to resist the unexpected opportunity and has a
little fear of detection.
Systematic Pilferer – One who steals with preconceived plans and takes away any or all types of
items or supplies for economic gain.

COMMUNICATION SECURITY – is the protection resulting from the application of various measures
which prevent or delay the enemy or unauthorized persons in gaining information through the
communication system. This includes:
a. Transmission Security – component of communications security which results from all
measures designed to protect transmission from interception.
b. Cryptographic Security – results from the provisions of technically sound crypto-system
and their proper use.
c. Physical Security – providing safeguards to equipment and material from access by
unauthorized persons.

THREATS IN COMMUNICATION SECURITY


1. Wiretapping - is the monitoring of telephone conversations by a third party, often by covert means.
2. Bugging – means to secretly listen to or record a conversation using a hidden electronic device.
3. Eavesdropping (unauthorized listening)- is the unauthorized real-time interception of a private
communication, such as a phone call, instant message, videoconference or fax transmission.

RA No. 4200, Approved June 19, 1965


- An Act to prohibit and penalize wiretapping and other related violations of privacy of communication,
and other purposes.

UNLAWFUL ACTS
Sec. 1
It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-
talkie or tape recorder
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc
record, or any other such record, or copies thereof, of any communication or spoken word
secured either before or after the effective date of this Act in the manner prohibited by this
law; or to replay the same for any other person or persons; or to communicate the contents
thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or
partial, to any other person:
Provided, That the use of such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this
prohibition.
Sec. 3
Nothing contained in this Act, however, shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the Court, to execute any of the acts declared
to be unlawful in the two preceding sections in cases involving the crimes of treason,
espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,
rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised
Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other
offenses against national security:

AUTHORIZATION
The authorization shall be effective for the period specified in the order which shall not exceed sixty
(60) days from the date of issuance of the order, unless extended or renewed by the court upon being
satisfied that such extension or renewal is in the public interest.
The court referred to in this section shall be understood to mean the Court of First Instance within
whose territorial jurisdiction the acts for which authority is applied for are to be executed.
BANK SECURITY – a specialized type of physical security protecting the assets, personnel and
operation of a bank, with special emphasis on the precaution and measures to safeguard the cash
and assets while in s storage, in transit, and during transaction.
>Bangko Sentral ng Pilipinas (BSP) Circular No. 620 Issued on September 3, 2008 – a
Circular issued by BSP concerning regulations on Bank protection which aims to promote maximum
protection of life and property against crimes (robbery, theft, etc), and other destructive causes.
Guard System – BSP requires that all banking offices be manned by adequate number of security
personnel to be determined by the bank, taking into consideration its size, location, costs and overall
bank protection requirement.
Security Devices – Banks are required to have a robbery alarm or other appropriate device for
promptly notifying law enforcement office either directly or through an intermediary of an attempted,
ongoing or perpetrated robbery.
In armored Car operations – all armored vehicles are required to be built with bullet resistant
materials capable of withstanding the firepower of high powered firearm (M16, M14). Also equipped
with a vault or safe or a partition wall with a combination lock designed to prevent retrieval of the
cargo while in transit.

DOCUMENT AND INFORMATION SECURITY – Security involving the protection of documents and
information from loss, access by unauthorized persons
> prescribes the policies and establishes the standard basic procedures governing the
classification and security of official matter.

GENERAL PRINCIPLES
1. The authority and responsibility for the preparation and classification of classified matter rest
exclusively with the originating office;
2. Classified matter should be classified according to content and not the classification of the file in
which they are held or of another document to which they refer;
3. Classification should be made as soon as possible by placing the appropriate marks on the matter
to be classified;
4. Each individual whose duty allows access to classified matter is responsible for the protection of
the classified matter while it is in his/her possession and shall insure that dissemination of such
classified matter is on the “need to know” basis and to “property cleared personnel only”.

DEFINITION OF DOCUMENT
- Any material that contains marks, symbols, or signs, either visible, partially visible or completely
invisible that may be presently or ultimately convey a meaning or message to someone.
CLASSIFY – refers to the act of assigning to information or material one of the four security
classification categories after determination has been made that the information requires the security
protection as provided for in the regulation;
SECURITY CLEARANCE – Is an administrative determination that an individual is eligible from a
security standpoint for access to classified matter of a specific category;
COMPARTMENTATION – Refers to the grant of access to classified matter only to properly cleared
persons when such classified information is required in the performance of their official duties, and
restricting it to specific physical confine when feasible.
NEED TO KNOW – term given to the requirement that the dissemination of classified matters be
limited strictly to those persons whose official duties require knowledge thereof.

SECURITY OF CLASSIFIED MATTER


CLASSIFICATION OF DOCUMENTS
-Memorandum Circular No. 196, dated 07/19/1968 (Security of Classified Matter in government
offices.)
1. TOP SECRET – any information and material, the unauthorized disclosure of which would cause
exceptionally grave damage to the nation, politically, economically or militarily;
2. SECRET- any information and material, the unauthorized disclosure of which would
endanger national security, cause serious injury to the interest or prestige of the nation or any
governmental activity.
3. CONFIDENTIAL – any information and materials, the unauthorized disclosure of which would be
prejudicial to the interest or prestige of the nation or governmental activity or would cause
administrative embarrassment or unwarranted injury.
4. RESTRICTED – any information and material which requires special protection other than those
determined to be Confidential, Secret, and Top Secret matters.

METHOD OF TRANSMISSION
1. By direct contact of officer or personnel concerned;
2. By official courier;
3. Electrical means in cryptographic form
4. Registered Mail

DESTRUCTION
1. Burning
2. Shredding

STORAGE
shall be in a safe, steel filing cabinet with built in dial type combination lock of such weight, size
and construction as to minimize the possibility of physical theft or damage to fire.

OPERATIONAL SECURITY – part of physical security that deals primarily with the protection of
processes, formulas, patents, and other industrial and manufacturing activities from espionage,
infiltration, loss, compromise or photocopying;

INFORMATION CYCLE
1. The Creation – Information is discovered and develop;
2. Used – Some action is take with the information;
3. Storage and Retrieval – Stored for future use;
4. Transfer – transferring of information from active to inactive use;
5. Disposition – decision may be made to retain the information indefinitely.

KINDS OF SENSITIVE INFORMATION


PROPRIETARY INFORMATION
– information which some special way is related to the status, operations or activities of the possessor
over which the possessor asserts ownership.
TRADE SECRETS
- It may consist of any formula, pattern, device or compilation of information which is used in one’s
business and which gives one opportunity to gain an advantage over competitors who do not know or
use it.

PATENT
– A grant given by the government to an inventor, conveying and securing to him the exclusive rights
to make, use and sell his invention for term of twenty (20) years.

LAW ON INTELLECTUAL PROPERTY


INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] Approved on
June 6, 1997
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE
AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
THREAT TO PROTECTION OF SENSITIVE INFORMATION

Competitive Intelligence – systematic program for gathering and analyzing information about
competitor’s activities and general business trends to further company’s goals.

Types of Competitive Intelligence


1. White – information available from company publication, public records or commercial reporting
sources;
2. Gray – not readily available but which is usually can be obtained without acquiring any civil/criminal
liability in the process.
3. Black – obtained through clearly unethical or illegal means.

TYPES OF DOCUMENTS
Class I – Vital Document – This is an irreplaceable records , reproduction of which does not have the
same value as the original;
Class II – Important Document- This is a record, reproduction of which cause considerable expense
and labor, or considerable delay.
Class III – Useful Document – This is a record, the loss of which may cause inconvenience but could
be readily replaced and may not present insurmountable obstacle to the prompt restoration of the
business;
Class IV- Non essential Document – This record may include daily files, routine in nature, lost of
which will not affect the organization.

STORAGE
1. SAFE – a metallic container used for safekeeping of documents or small items in office or
installation.
2. VAULT – a heavily constructed fire and burglar resistant container usually part of the building
structure
use to keep and protect cash, documents and negotiable instruments.
3. FILE ROOM – a cubicle in a building constructed a little lighter than a vault but of bigger size to
accommodate limited people to work on the records inside.

PERSONNEL SECURITY
- refers to the procedure followed, inquiries conducted, and criteria applied to determine the work
suitability of a particular applicant or the retention of a particular employee.
PURPOSE
1. To ensure that hired employees are best suited to assist the organization in achieving its mission
and vision;
2. To assist in providing the necessary security to the employees while they carry out their functions.

PERSONNEL SECURITY INVESTIGATION (PSI)


It is an inquiry into the character, reputation, discretion, integrity, morals, and loyalty of an individual in
order to determine a person’s suitability for appointment or access to classified matter.

TYPES OF PSI
1. National Agency Check
2. Local Agency Check
3. Partial Background Investigation
4. Complete Background Investigation

BACKGROUND INVESTIGATION (BI) – It is an inquiry which aims to verify applicant’s information


written at the applicants form, to ascertain his/her past employment experiences and to obtain other
information pertinent to the decision to employ.

FACTORS TO BE CONSIDERED IN THE CONDUCT OF BI


1. Loyalty – faithful allegiance to the Philippine government and its duly constitutional authorities;
2. Integrity – uprightness in character, soundness of moral principle, freedom from moral
delinquencies.
3. Discretion – the ability or tendency to act or to decide with prudence, the habit of wise judgment;
4. Morals – distinctive identifying qualities which serve as an index to the essential or intrinsic nature
of a person;
5. Character – the sum of traits that have been impresses by nature, education and habit upon the
individual;
6. Reputation – opinion or estimation in which one is generally held. It is what a person is reported to
be whereas character is what a person is.

INVESTIGATIVE COVERAGE
1. Prior Employment;
2. Claimed education;
3. Claimed residence for the period covered in the employment and educational institutes;
4. If the candidate indicates a criminal record, then the details should be checked.

INVESTIGATIVE STANDARDS
1. Information sought should be relevant;
2. Information should be reliable;
3. If unfavorable, the information should be confirmed by at least two sources.

SECURITY SURVEY
- A fact finding probe to determine a plant’s adequacy in all aspects of security, with the
corresponding recommendations.
- Refers to checklist, audits, or inventories of security conditions.
- Security Surveys are often called ‘RISK ANALYSIS SURVEYS’ or ‘RISK ASESSMENT
SURVEYS

PURPOSES OF SECURITY SURVEY:


1. To determine the existing state of security;
2. Identifying weaknesses in defense;
3. To determine the degree of protection required;
4. To produce recommendations for a total security systems.

The survey should be undertaken by either suitably trained staff security personnel, or a fully qualified
independent security specialist.
No universal checklist can be applied to all sites for survey purposes, as no two facilities are alike.

BEFORE COMMENCING A SECURITY SURVEY


1. Written authority should be obtained from proper authority.
2. Previous surveys should be reviewed;
3. An orientation tour should be made;
4. Photographs should be taken of things which will be difficult to describe in a report. (Only with
authority)
After completing the survey an immediate review of the findings should be undertaken with the plant
supervisor so that urgent deficiencies can be addressed.
> A follow-up survey should always be conducted to ensure improvements
> Any survey report including lists of recommendations is incomplete without including a cost benefit
analysis, which is;
“a direct comparison of the cost of operation of the security unit and all the existing security
measures with the amount of the corporate assets saved or recovered as well as reduction of losses
caused by injuries and lost production and recommendations have been made”.

PLANNING
-Process of developing methods or procedures or an arrangement of parts intended to facilitate the
accomplishment of a definite objective.
-The process of setting goals, developing strategies, and outlining tasks and schedules to accomplish
the goals.

SECURITY PLANNING
 It is PRE-DETERMINING a course of action;
 It is deciding IN ADVANCE what to do, how to do it, and who is to do it.

GOALS OF SECURITY PLANNING


1. To minimize effects of any incident upon plant and personnel;
2. To keep property and equipment loss at a minimum;
3. To ensure cooperation of all plant departments charged with specific activities of an emergency;
4. To ensure appropriate cooperative action by and with outside civic and government agencies.

KEY STEPS IN PLANNING


1. Get in touch/coordinate with your Local Civil Authorities. (Tie your programs with theirs and
standardize equipment with them thus creating compatibility.);
2. Visit neighboring Plants/offices (coordinate your activities with theirs.);
3. Survey your plant for possible hazards and take immediate action to lessen or eliminate them;
4. Appoint a disaster Director or Disaster coordinator;
5. Early in the planning stage, present the Program to your Employees and enlist their active support;
6. Call an organization meeting of Heads of services, employee representatives and key personnel
(outline purpose of the program and explain how the plant should organize for protection;
7. Define the Program.

TESTING THE PLAN


Benefits in testing the plan
>Deficiencies will be uncovered;
>People involved in the implementation of the plan will receive valuable training.

TWO TYPES OF TESTING THE PLAN


> partial (by elements);
> complete (entire organization)

KEEPING THE PLAN UP TO DATE


>Changes in Personnel and Facilities

SECURITY EDUCATION
It is defined as the exposure and teaching of employees on security and its relevance to their work.
Security education is conducted to develop security awareness among employees of the company. It
should cover all employees, regardless of rank or position.

PERSONAL SECURITY
Protection of personnel especially ranking official from any harm, kidnap, and others act. VIP security
is type of personnel security;

POLICE SECURITY PROTECTION GROUP (PSPG) - is mandated by law to provide protective


security to government officials, foreign dignitaries, and private individuals authorized to be given
protection and also provide physical security to vital installations, and assist the Presidential Security
Group (PSG) in securing the President and the members of the First Family.

PROTECTIVE CUSTODY – state or quality of being secured or freed from danger. It may also include
the various means or device designed to guard a persons and property against a broad range of
security hazard.

THREAT – is an indication of something impending and usually undesirable or unpleasant, with an


intention to inflict evil, injury or damage on another, usually as retribution or punishment for something
done or left undone. It is an expression of an intention to inflict loss or harm on another by illegal
means, and especially by involving coercion or duress over the person or his welfare.

THREAT ASSESSMENT – the process of investigation/validating the truthfulness of the existence of


threat to an individual.

EMERGENCY SITUATION – condition or state that danger has already occurred which resulted to
loss of life/liberty and/or there is imminent danger or threat to life and property where delay will
endanger or may cause the loss of life/property.

DEFINITION OF TERMS:
1. Access List – authenticated list of personnel given to the security allowing entry to a compound or
installation or part thereof;
2. Controlled Area – an area near or adjacent to limited or exclusive areas where entry is restricted;
3. Dry-run – practical test or exercise of plans or any activity to test its validity, an operational
readiness exercise;
4. Duress Code – type of code system so that security personnel or any employee when forced by
armed men intending to enter an installation can five alarm by the use of certain words in casual
conversation with personnel in the installation.
5. Exclusion Area – a restricted area containing materials or operation of security interest;
6. Restricted area – any area access to which is subject to special restriction control;
7. Security Hazard – Is any act or condition, which may result in the compromise of information, loss
of life, loss or destruction of property or disruption of objectives of the installation.
TYPES OF SECURITY
1. Industrial Security – A form of physical security that is concerned with the physical measures
designed to safeguard personnel and prevent unauthorized access to equipment, facilities, materials,
documents, and to protect them from espionage, sabotage, damage or theft.
2. Bank Security – Is the protection resulting from the application of various measures which
safeguards cash and assets which are in storage, in transit and or during transaction.
3. Operational Security – Involves the protection of processes, formulas and patents, industrial and
manufacturing activities from espionage, infiltration, loss, compromise or photocopying.
VIII. Human Behavior and Victimology

Human Behavior
- anything an individual does that involves self-initiated action and/or reaction to a given
situation.
- the sum total of man's reaction to his environment or the way human beings act

Human Beings
Human beings are intelligent social animals with the mental capacity to comprehend, infer
and think in rational ways.

Views in Human Behavior


1. Neurological View – deals with human actions in relation to events taking place inside the body
such as the brain and the nervous system.
2. Behavioral View – emphasizes on external functions of the human being that can be observed and
measured.
3. Cognitive View – it is concerned with the way the brain processes and transforms information into
various ways.
4. Psychoanalytical View – emphasizes unconscious motives that originate from aggressive impulses
in childhood.
5. Humanistic View – focuses on the subject’s experience, freedom of choice and motivation toward
self-actualization.

Two Basic Types of Behavior


1. Inherited (Inborn) behavior – refers to any behavioral reactions or reflexes exhibited by
people because of their inherited capabilities or the process of natural selection.
2. Learned (Operant) behavior – involves knowing or adaptation that enhances human beings’
ability to cope with changes in the environment in ways which improve the chances of
survival.
Learned behavior may be acquired through environment or training.

Classifications of Human Behavior


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

Causes of Human Behavior


 Sensation – is the feeling or impression created by a given stimulus or cause that leads to a
particular reaction or behavior.
Human Senses:
a. Visual – sight
b. Olfactory – smell
c. Cutaneous – touch
d. Auditory – hearing
e. Gustatory – taste
 Perception – refers to the person’s knowledge of a given stimulus which largely help to
determine the actual behavioral response in a given situation
 Awareness – refers to the psychological activity based on interpretation of past experiences
with a given stimulus or object.

Factors that affect Human Behavior


 Heredity – it is the passing of traits to offspring (from its parent or ancestors). This is the
process by which an offspring cell or organism acquires or becomes predisposed to the
characteristics of its parent cell or organism.
 Environment – refers to surroundings of an object. It consists of conditions and factors that
surround and influence behavioral pattern.
 Learning – is the process by which an individual’s behavior changes as a result of
experience or practice.

How people interact? People intermingle by three psychological positions or behavioral patterns
called ego states:
1. Parent ego state – which may be characterized as protective, idealistic, evaluative,
righteous, refer to laws, rules and standards.
2. Adult ego state – which centers more upon reason, factual, flexible, views as co-equal,
worthy, and reasonable human being.
3. Child ego state – which may be easily described as dependent, rebellious, selfish,
demanding, impatient and emotional.

Frustration in Human Behavior


Frustration refers to the situation which blocks the individual’s motivated behavior. Sustained
frustration may be characterized by anxiety, irritability, fatigue or depression.
Three Basic Forms of Conflict
1. Approach-Avoidance Conflict - occurs when an individual moves closer to a seemingly desirable
object, only to have the potentially negative consequences of contacting that object push back against
the closing behavior.
2. Approach-Approach Conflict - This is a conflict resulting from the necessity of choosing between
two desirable alternatives. There are usually two desirable things wanted, but only one option can be
chosen.
3. Avoidance-Avoidance Conflict - This form of conflict involves two undesirable or unattractive
alternatives where a person has to decide of choosing one of the undesirable things.

Coping Mechanism
It is defined as the way people react to frustration. People differ in the way they react to
frustration. This could be attributed to individual differences and the way people prepared in the
developmental task they faced during the early stages of their life.

Frustration Tolerance
It is the ability to withstand frustration without developing inadequate modes of response such
as being emotionally depressed or irritated, becoming neurotic, or becoming aggressive.

Broad Reactions to Frustration


 Fight – is manifested by fighting the problem in a constructive and direct way by means of
breaking down the obstacles preventing the person reaching his goals.
 Flight – it can be manifested by sulking, retreating, becoming indifferent and giving up.

Different Types of Reaction to Frustration


 Direct approach - can be seen among people who handle their problems in a very objective
way. They identify first the problem, look for the most practical and handy way to solve it, and
proceeded with the constructive manner of utilizing the solution which will produce the best
results.
 Detour - when an individual realizes that in finding for the right solution of the problem, he
always end up with a negative outcome or result. Thus, he tries to make a detour or change
direction first and find out if the solution or remedy is there.
 Substitution - most of time are resulted to in handling frustration when an original plan
intended to solve the problem did not produce the intended result, thus the most practical way
to face the problem, is to look for most possible or alternative means.
 Withdrawal or retreat - is corresponding to running away from the problem or flight which to
some is the safest way.
 Developing feeling of inferiority - comes when a person is unable to hold on to any solution
which gives a positive result. Being discourage to go on working for a way to handle a
frustration could result to diminishing self-confidence, until the time when inferiority complex
sets in.
 Aggression - is a negative outcome of a person's inability to handle frustration rightly.
Manifestation in physical behavior can be observed in one's negative attitudes towards life
both in the personal and professional aspect.
 Use of Defense Mechanism – is the most tolerated way of handling frustration. It is a man’s
last result when a person attempts to overcome fear from an anticipated situation or event.

Defense Mechanism – is an unconscious psychological process that serves as safety valve that
provides relief from emotional conflict and anxiety.

Common Defense Mechanisms


 Displacement - strong emotion, such as anger, is displaced onto another person or object as
the recipient of said emotion (anger), rather than being focused on the person or object which
originally was the cause of said emotion.
 Rationalization - is the defense mechanism that enables individuals to justify their behavior
to themselves and others by making excuses or formulating fictitious, socially approved
arguments to convince themselves and others that their behavior is logical and acceptable
 Compensation - is the psychological defense mechanism through which people attempt to
overcome the anxiety associated with feelings of inferiority and inadequacy in one is of
personality or body image, by concentrating on another area where they can excel.
 Projection - manifest feelings and ideas which are unacceptable to the ego or the superego
and are projected onto others so that they seem to have these feelings or ideas, which free
the individual from the guilt and anxiety associated with them.
 Reaction formation - is defined as the development of a trait or traits which are the opposite
of tendencies that we do not want to recognize. The person is motivated to act in a certain
way, but behaves in the opposite way. Consequently, he is able to keep his urges and
impulses under control.
 Denial – when a person uses this, he refuses to recognize and deal with reality because of
strong inner needs.
 Repression – is unconscious process whereby unacceptable urges or painful traumatic
experiences are completely prevented from entering consciousness.
 Suppression - which is sometimes confused with that of repression, is a conscious activity by
which an individual attempts to forget emotionally disturbing thoughts and experiences by
pushing them out of his mind.
 Identification - an individual seeks to overcome his own feelings of inadequacy, loneliness,
or inferiority by taking on the characteristics of someone who is important to him.
An example is a child who identifies with his parents who are seen as models of intelligence,
strength and competence
 Substitution - through this defense mechanism, the individual seeks to overcome feelings of
frustration and anxiety by achieving alternate goals and gratifications.
 Fantasy - this is resulted to whenever unfulfilled ambitions and unconscious drives do not
materialize.
 Regression – a person reverts to a pattern of feeling, thinking or behavior which was
appropriate to an earlier stage of development.
 Sublimation – is the process by which instinctual drives which consciously unacceptable are
diverted into personally and socially accepted channels. It is a positive and constructive
mechanism for defending against own unacceptable impulses and needs.

Normal Behavior
This refers to a lack of significant deviation from the average. Another possible definition is
that "a normal" is someone who conforms to the predominant behavior in a society.
Social norms – rules that a group uses for appropriate and inappropriate values, beliefs,
attitudes and behaviors.
Abnormal Behavior
Literally means "away from the normal". It implies deviation from some clearly defined norm.
In the case of physical illness, the norm is the structural and functional integrity of the body.

BEHAVIORAL DISORDERS
I. PSYCHOSOMATIC DISORDER
A disorder in which the physical illness is considered to be highly associated with emotional
factors. The individual may not perceive that his emotional state is contributing to his physical illness.

II. NEUROSIS
Neurosis is a class of functional mental disorders involving distress but neither delusions nor
hallucinations, whereby behavior is not outside socially acceptable norms. The distinguishing feature
of neurosis is a sustained characteristic of showing anxiety, fear, endless troubles that carries
significant aspects of the individual’s life.

III. ANXIETY DISORDERS


Anxiety disorders are blanket terms covering several different forms of abnormal and
pathological fear and anxiety. People experience excessive levels of the kind of negative emotions
that we identify as being nervous, tense, worried, scared, and anxious. These terms all refer to
anxiety.
 Forms of Anxiety
A. Phobias
This is an intense, unrealistic fear. In this case, anxiety is focused so intensely on some
objects or situations that the individual is acutely uncomfortable around it and will often go to great
pain to avoid it.
 TYPES OF PHOBIAS
 Acrophobia - high places
 Agoraphobia - open spaces and market places
 Malgophobia - pain
 Astraphobia - storms, thunder, and lightning
 Gynophobia – fear of dogs
 Hematophobia - blood
 Mysophobia - contamination or germs
 Monophobia - being alone
 Nyctophobia - darkness
 Ochlophobia - crowds
 Hydrophobia - water
 Pathophobia - disease
 Pyrophobia - fire
 Zoophobia - animals or some particular animals

B. Obsessive-Compulsive Disorders
1. Obsession – This is an anxiety provoking thoughts that will not go away. Thoughts and impulses
which occur in the person’s mind despite attempts to keep them out. They seem uncontrollable, as if
they do not belong to the individual's mind.
2. Compulsion – It is an urge wherein a person is compelled to perform some actions against his free
will and with duress as a result of external factors. This is an irresistible urge to engage in certain
pattern of behavior.

IV. PERSONALITY DISORDERS


Personality disorders, formerly referred to as character disorders, are a class of personality
types and behaviors defined as “an enduring pattern of inner experience and behavior that deviates
markedly from the expectations of the culture of the individual who exhibits it”. This category includes
those individuals who begin to develop a maladaptive behavior pattern early in childhood as a result
of family, social, and cultural influences.

Types of Personality Disorders


1. Paranoid Personality – This is characterized by suspiciousness, hypersensitivity, rigidity, envy,
excessive self-importance, and argumentativeness plus a tendency to blame others for one's own
mistakes and failures and to ascribe evil motives to others.
2. Schizoid Personality – Individuals with this personality disorder neither deserve nor enjoy close
relationship. They live a solitary life with little interest in developing friendships. They exhibit emotional
coldness, detachment, or a constricted affect.
- characterized by a lack of interest in social relationships, a tendency towards a solitary lifestyle,
secretiveness, and emotional coldness.
3. Schizotypal Personality – Individuals with this type of personality disorder exhibit odd behaviors
based on a belief in magic or superstition and may report unusual perceptual experiences.
4. Histrionic Personality – this is characterized by attempt to be the center of attention through the
use of theatrical and self-dramatizing behavior. Sexual adjustment is poor and interpersonal
relationships are stormy.
- characterized by excessive emotionality and attention-seeking, including an excessive need
for approval and inappropriate seductiveness, usually beginning in early adulthood.
5. Narcissistic Personality – Individuals with this type of personality have a pervasive sense of self-
importance.
- A disorder and its derivatives can be caused by excessive praise and criticism in childhood,
particularly that from parental figures.
6. Antisocial Personality – This is characterized by a lifelong history of inability to conform to social
norms. They are irritable and aggressive" and may have repeated physical fights. These individuals
also have a high prevalence of morbid substance abuse disorders.
7. Borderline Personality – This is characterized by instability, reflected in drastic mood shifts and
behavior problems. Individuals with this type of personality are acutely sensitive to real or imagined
abandonment and have a pattern of repeated unstable but intense interpersonal relationships that
alternate between extreme idealization and devaluation. Such individuals may abuse substances or
food, or be sexually promiscuous.
8. Avoidant Personality – Individuals with this personality are fearful of becoming involved with
people because of excessive fears of criticism or rejection.
9. Dependent Personality – This is characterized by inability to make even daily decisions without
excessive advice and reassurance from others and needs others to assume responsibility for most
major areas of his or her life.
10. Compulsive Personality – This is characterized by excessive concern with rules, order
efficiency, and work coupled with insistence that everyone do things their way and an inability to
express warm feelings.
11. Passive-Aggressive Personality – The individual with personality disorder is usually found to
have overindulged in many things during the early years to the extent that the person comes to
anticipate that his needs will always be met and gratified.

V. SCHIZOPHRENIA
- a psychotic condition marked by withdrawal from reality, indifference concerning everyday
problems, and tendency to live in a world of fantasy.
- formerly called dementia praecox by Emil Kreaplin, a German psychiatrist.
- the term schizophrenia was given by Eugene Bleuler which literally means “splitting of minds”.

Types of Schizophrenia
 Simple Schizophrenia – is characterized by a gradual decline of interest and ambition. The
person withdraws from social contacts as well as irritable and inattentive.
 Paranoid Schizophrenia – is characterized principally by delusions of persecutions and/or
grandeur. Hallucinations, usually auditory, are most of time present.
 Hebephrenic Schizophrenia – manifests severe integration of personality and can be
observed through inappropriate giggling and smiling without apparent reasons which to an
untrained observer may only be childish playfulness.
 Catatonic Schizophrenia – manifests extreme violence and shown with excessive motor
activity, grimacing, talkativeness and unpredictable emotional outburst.

Copycat Crime
Copycat crime is crime inspired by another crime that has been publicized in the news media
or fictionally or artistically represented in which the offender incorporates aspects of the original
offense.

SEXUAL DEVIANCY
A sexual act that seeks gratification by means other than heterosexual relationship.
HETEROSEXUALITY – normal sexual relationship between members of the opposite sex which could
lead to reproduction.

TYPES OF SEXUAL DEVIANCY


 Homosexuality
- sexual desire towards the same sex
 Transvestitism
- obtaining sexual gratification by wearing the clothes of the opposite sex.
 Voyeurism
- obtaining sexual pleasure by watching the members of the opposite sex undressing
or engaging in sexual activities.
 Exhibitionism - obtaining pleasure by exposing one’s genitals to others.
 Fetishism - obtaining sexual gratification primarily and exclusively from specific objects.
 Sadism – by inflicting pain to others
 Masochism – by inflicting pain upon themselves .
 Sodomy – sexual act through the anus of another human being.
 Froilism – a form of sexual perversion in which three (3) persons are participating in sexual
act.
 Pluralism – a group participates in sexual orgies (sexual festival).
 Cunnilingus – licking of woman’s genitals
 Fellatio – sucking the penis
 Pedophilia – obtaining pleasure from sexual contact with children.
 Incest – sexual relations between persons related by blood.
 Bestiality – sexual intercourse with a living animal.
 Necrophilia – desire to engage in sexual intercourse with a dead body.

CRISIS MANAGEMENT

Crisis
This refers to unstable and dangerous social condition characterized by an impending abrupt
change involving economic, military, political, police, societal or personal affairs that is approaching
emergency level event.
- came from the Greek word “CRISIS” which means to separate.

EMERGENCY
Came from the Latin word “EMERGENTIA” which means dipping; plunging. It is a sudden
condition or state of affairs calling for immediate action.

Crisis Management
It refers to the action undertaken to unify and coordinate resources and efforts to effectively
and efficiently quell a given criminal/life threatening situation.
Also defined as the expert handling of emergency or crisis to reduce or eliminate danger or
damage.

EMERGENCY, CRISIS AND DISASTER DISTINGUISHED


 If the situation is still controlled and the response given is for the purpose of containing the
situation from getting out of control, then it is just an EMERGENCY.
 If the situation is already beyond normal control what is happening is already a CRISIS.
 If the effects of the crisis can no longer be controlled even by its author, it is now a
DISASTER.

Types of Crisis
 Natural crisis – is typically natural disasters considered as acts of God, such as environmental
phenomena as earthquakes, volcanic eruptions, tornadoes and hurricanes, floods, landslides,
tsunamis, storms, and droughts that threaten life, property, and the environment itself.
 Man-Made Crisis
- civil disturbance, revolt, revolution, border incident, war, kidnapping, hijacking, hostage-
taking, terrorists activities, attacks on government facilities, etc.

Objectives of Crisis Management


 Resolve without further incident.
 Safety of all participants.
 Apprehension of all perpetrators.
 Accomplishment of the task within the framework of current community standard.

PURPOSE OF CRISIS MANAGEMENT:


“SALVARI VITAS” – to save lives
PHASES OF CRISIS MANAGEMENT
 Proactive Phase
- includes prediction, prevention and preparation.
 Reactive Phase
- performance, initial action, action, and post action.

LEGAL REGIMES IN DEALING WITH CRISIS


 Sec. 6, Article XVI, 1987 Constitution
- The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by the NPOLCOM. The authority of local
executives over the police units in their jurisdiction shall be provided by law
 Sec. 444 and 445, R.A. 7160
- The mayor shall act as the deputized representative of the NAPOLCOM, which shall
exercise operational control and supervision over the local police forces in the city and municipality.

Hostage Incident
It is any incident in which people are being held by another person or persons against their
will, usually by force or coercion, and demands are being made by the hostage taker.

Characteristics of a Negotiable Incident


 There must be a need to live on the part of a hostage taker.
 There must be a threat of force on the part of the authorities.
 There must be demands by the hostage taker.
 The negotiator must be seen by the hostage taker as a person who can hurt the hostage
taker but is willing to help him.
 There must be time to negotiate.
 A reliable channel of communication must exists between the hostage taker and the
negotiator.
 Both the location and the communications of the incident need to be contained in order to
encourage negotiation.
 The negotiator must be able to deal with the hostage taker making the decisions.

Hostage - Is a person held as a security for the fulfillment of certain terms


Negotiate - It means to arrange or settle by conferring or discussing.
Crisis Negotiation - means the use of communication techniques and strategies to influence a
person to change his behavior in accordance with goals within legal, ethical and moral constraints.

PRIORITIES IN HOSTAGE SITUATION


 Preservation of life
 Apprehend hostage taker
 To successfully negotiate; there must be need to live on the part of the hostage taker and a
threat of force by the authorities.

CATEGORIES OF HOSTAGE-TAKER
 PERSONS IN CRISIS
- people who take hostages during a period of prolonged frustration, despair and problems.
 PSYCHOTICS
- mentally-ill people who take hostage during a period of psychiatric disturbance.
 COMMON CRIMINALS
- people who take hostages for personal reason.
 PRISONER
- people who take hostage because of dissatisfaction and discontent regarding their living
condition in prison.
 POLITICAL TERRORIST
- people who take hostages because of political and ideological beliefs.

HANDLING OF SPECIFIC HOSTAGE SITUATION


1. PROFESSIONAL CRIMINAL
- easiest to handle
- rational thinker
- after assessing the situation and weighing the odds, usually come to terms with the police.
PROPER HANDLING: show force but refrain from unnecessary violence or useless killing.

2. PSYCHOTIC INDIVIDUAL
- present different and somewhat complex problems
- irrational
PROPER HANDLING: the hostage taker may feel a degree of pleasure if he finds himself important,
being the center of attraction
- prolonging the time

3. TERRORIST
- more difficult to handle
- when caught, they rationalize by claiming to be revolutionaries a situation they resolve to die
for a cause.
PROPER HANDLING: their causes may deteriorate in the passage of time.
- if they kill one of the hostages, the negotiators then must set to save the remaining
hostages.

HOSTAGE TAKER’S DEMANDS


 Negotiable
- food, cigarettes, drinks, alcohol, transportation, media coverage, freedom
 Non-Negotiable
- weapons, ammunitions, drugs, release of prisoners, exchange of hostages

PRINCIPLES IN HOSTAGE NEGOTIATION


 the hostage has no value to the hostage taker
 the priorities in the hostage situations are the preservation of life and the apprehension of the
hostage taker, recover and protect property.
 hostage situation must not go violently
 there must be a need to live on the part of the hostage taker

IMMEDIATE ACTIONS OF THE NEGOTIATOR UPON ARRIVAL AT THE SCENE OF INCIDENT


1. Containment
 controlling situation and area by people involved.
2. Establish Contact
 communicate with the leader
3. Time Lengthening
 give more time to the police to organize and coordinate plan of action.
4. Telephone Negotiation Technique
4.1. Be the caller (talk with the leader only)
4.2. Plan and prepare
4.3. Be ready with graceful exit
4.4. Discipline yourself to listen.
4.5. Do not tell that you are the commander, neither your rank
4.6. Just tell “My name is…I am a police negotiator and willing to help.
4.7. Delay tactic – to wear down hostage taker, physically, psychologically and emotionally.
Will also give more time for police organize and coordinate plan course of action.
4.8. In case hostage taker won’t talk, continue negotiating. Don’t loss hope!

5. Need for face-to-face conversation


 Don’t be over anxious
 wear body armor
 have tactical back-up (snipers)
 Face-to-face, maintain proper distance;
◦ Proper distance – 1 to 3 feet.
◦ Intimate distance – about 6 inches
 in retreating, face hostage taker slowly backing out of the door.
6. Surrender approach– start with a position approach, act as if hostage taker will surrender. Do not
talk too much. Gradually ask him to surrender. Reassurance is the wisest thing to do. Talk details of
surrender process. And explain why now is better than later.

Crisis Negotiation Bargaining Techniques


 The use of time to increase basic needs, making it more likely that the subject will exchange
a hostage for some basic needs.
 The used of time to collect intelligence on the subject that will help develop a trade.
 The use of time to reduce the subject’s expectation of getting what he wants.
 Trades can be made for food, drink, transportation and money.
 Trades cannot be made for weapons or the exchange of hostages.
 The boss does not negotiate.
 Start bidding high to give yourself room to negotiate.
 Never draw attention to the hostages, it gives the subject too much bargaining power.
 Manipulate anxiety levels by cutting off power, gas, etc.

Stockholm Syndrome
It is the development of unique relations between the hostages and the hostage taker. A
strong attachment of the hostage victim to the hostage takers after a long period of captivity, by the
hostage became sympathizer of the hostage takers.

CRISIS MANAGEMENT TEAM


Team – is a small group of people with complementary skills who are committed to a common
purpose, performance goals and approach for which they hold themselves mutually accountable.

The Negotiating Team (Foreign Set-up)


 Negotiator Supervisor – is responsible for the overall functioning of the negotiating team. In
addition to his supervisory skills, the supervisor must have leadership ability. He should see to
it that the situation is negotiable, appropriate personnel is available, intelligence is gathered in
timely manner, communications are established, negotiation strategy is working-out, an
appropriate record of the negotiation is kept and the commander is well informed.
 Primary Negotiator – is the direct communication link to the hostage taker and is responsible
for developing verbal tactics, monitoring and assessing the hostage taker’s level of emotional
arousal and helping the hostage taker engage in problem solving.
 Secondary Negotiator – is the pipeline between the negotiation team and primary. He helps
to develop verbal tactics, provides moral support for the primary.
 Intelligence Officer – is responsible for gathering intelligence from various sources,
interviewing all relevant persons involved in the incident, collating and disseminating that
information, maintaining and updating status boards and making sure that all response units
are receiving accurate and timely intelligence.
 Mental Health Consultant – is responsible for evaluating the personality of the hostage
taker, recommending negotiation strategies, monitoring team stress, monitoring stress among
the hostage takers and hostages.
 Equipment Officer – is someone who understands technical information regarding radios,
computers, phone systems, mechanical systems, etc. and can make minor repairs.

Command Post
It is the position from which a unit commander and his staff exercise command over the
hostage incident.
Ground Commander is the designated senior officer in command of the incident. Also
termed “incident commander”

Inner and Outer Perimeter


 Inner Perimeter – is the immediate area of containment as designated by the on ground
commander
 Outer Perimeter – is a secondary control area surrounding the inner perimeter, providing a
safe zone for access to the inner perimeter.

The Tactical Team (Foreign Set-up)


Is an assault team responsible in carrying out assault operation whenever negotiation fails. A
unit of specially selected, appointed, trained and equipped officers that provides assistance in those
incidents that would require special tactics, techniques and equipment.

Tactical Team Components (Foreign Set-up)


Tactical Supervisor – is responsible for the mobilization of the members of the team, deployment of
the containment team, development of the tactical plan and operation of the assault and arrest teams.
The tactical team is divided into three major components:
1. First Component – this component is responsible for maintaining perimeter control both
inner and outer. Also called containment sub-team.
2. Second Component – the second component is apprehension and assault team.
Members of this sub-team make an undetected approach to the location, plan and prepare for the
release of hostages, and make an assault if necessary. Also called apprehension and assault sub-
team.
3. Third Component – is the sniper / observer sub-team. The sniper/observer sub-team
(third component) has two responsibilities:
 Provide intelligence on factors present at the location. These factors may include physical
layout, placement of walls, furniture, specific location of hostages and hostage takers, clothing
and mental state of hostages and hostage takers.
 Prepare for a shot on the hostage taker.

Active Listening Techniques


 Open-Ended Questions/Statements –question or statements directed at the hostage taker
designed to get him to open up and give a long, verbal answer.
 Effective Pauses – not saying anything when the hostage taker finishes talking, encouraging
him to fill the empty or blank space with additional communications or information. Periods of
silence that is used to emphasize a point or to encourage the subject to say more.
 Minimal Encouragement – saying yes, ok or other verbal indicators that the negotiator is
actually listening to the hostage taker. Brief, well-timed response that let the subject knows
the negotiator is paying attention. It is a neutral non-threatening response that can be used
with any subject.
 Mirroring (Reflecting Feelings) – a response in which the negotiator mirrors back to the
hostage taker the emotions of the hostage taker in communicating, the negotiator repeats the
last word or phrase.
 Paraphrasing – a response in which the negotiator gives the hostage taker the essence of
his message in the negotiator’s words. The negotiator repeats the subject’s meaning in the
negotiators words. It shows that the negotiator is listening and understands the content of the
subject’s message.
 Emotional Labeling (Reflecting Meaning) – a response in which negotiator let the hostage
taker know he understands the facts and the feelings the hostage taker is communicating.
The use of emotionally descriptive words to show that the negotiator understands the feelings
the subject is experiencing.
 I-Messages – a response in which the negotiator expresses his emotions in response to the
hostage taker. These are messages that personalize the negotiator without becoming a
personal attack and allow negotiator to introduce new ideas without raising excessive
resistance.
 Summative Reflections – a response in which the negotiator summarizes the main facts and
feelings that the hostage taker has expressed over a relatively long period.

Implementation of Methods to Deal with Hostage situation


Rule 22. Hostage Situation of the revised PNP Operational procedures
Sec.1. Procedures to be followed in a Hostage Situation – the following steps shall be
undertaken:
a. A crisis management task group shall be activated immediately
b. Incident scene shall be secured and isolated
c. Unauthorized persons shall not be allowed entry and exit to the incident scene
d. Witnesses’ names, addresses, and other information shall be recorded. Witnesses shall be
directed to a safe location.
Sec.2. Ground Commander – there shall be only one Ground Commander in the area.
Sec.3. Negotiators – negotiators shall be designated by the Ground commander. No one shall
be allowed to talk to the hostage-taker without clearance from the negotiating panel or Ground
Commander
Sec.4. Assault team – an assault team shall be alerted for deployment in case the negotiation
fails. Members of the assault team shall wear authorized and easily recognizable uniform
during the conduct of the operation Bonnets shall not be used.
Sec.5. Assault plan – the assault shall be planned to ensure minimal threat to life for all
parties.
Sec.6. Support Personnel – an ambulance with medical crew and a fire truck shall be detailed
at the incident.
Sec.7. Coordination – proper coordination with all participating elements shall be done to
consolidate efforts in solving crisis.
Sec.8. Safety of Hostage(s) – in negotiating for the release of a hostage, the safety of the
hostage shall always be paramount.
Sec.9. Procedures to be followed during negotiations

The following shall be undertaken in the conduct of negotiations:


a. Stabilize and contain the situation;
b. Select the right time to make contact with the hostage-taker;
c. Take time when negotiating;
d. Allow hostage-taker to speak;
e. Don’t offer the hostage-taker anything. What he will ask for will be part of the negotiation;
f. Avoid directing frequent attention to the victim when talking to the hostage taker;
g. Do not call them Hostages. Be as honest as possible; avoid tricks; be sincere;
h. Never dismiss any request from the hostage-taker as trivial or unimportant;
i. Never say “NO”
j. Soften the demand
k. Never set deadline; try not to accept a deadline;
l. Do not make alternate suggestions not agreed upon in the negotiation;
m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless their
presence is extremely necessary in the solution of the crisis; provided that they shall be properly
advised on the do’s and don’ts of hostage negotiations;
n. Do not allow any exchange of hostages, unless extremely necessary; in particular, do not exchange
a negotiator for a hostage;
o. Avoid negotiating face-to-face; and
p. Law enforcement officers without proper training shall not be allowed to participate in hostage
negotiations.

I. HUMAN BEHAVIOR CRISIS MANAGEMENT


VIEWPOINTS IN THE STUDY OF HUMAN BEHAVIOR
Neurological
Behavioral
Cognitive
Psychoanalytical
Humanistic
1. Neurological- emphasizes human actions in relation to events, taking place inside the body,
especially the brain and the nervous system.
2. Behavioral- focuses on external activities that can be observed and measured.
3. Cognitive- concerned with the way the brain processes and transforms information in various
ways.
4. Psychoanalytical - emphasizes unconscious motives stemming from repressed sexual and
aggressive impulses in childhood.
5. Humanistic- focuses on the subject's experience, freedom of choice and motivation toward self-
actualization.

FACTORS THAT AFFECT HUMAN BEHAVIOR


1. Heredity- determined by genes that will influence intelligence and special aptitudes which
parents pass on traits to their offspring
2. Environment- consists of the condition and factors that surround and influence and individual,
3. Learning - is the process by which behavior changes as a result of experience or practice.

CAUSES OF CONFLICTS IN HUMAN BEHAVIOR


1. Physical cause - refer to natural causes like typhoon.
2. Social conflicts- involves restrictions or rules in the home, in school in the community.
3. Economic conflicts- result from one's inability to acquire material things because of poverty or
other financial obligations.

BASIC TYPES OF HUMAN BEHAVIOR


1. Inherited or Innate Behavior refers to any behavioral response or reflex exhibited by people
due to their genetic endowment or the process of natural selection.
Considerations for Inherited Behavior:
a. Physical traits- inherit from parents and ancestors.
b. Mental traits- desirable traits (level of intelligence and special talents) and undesirable
traits (mental defects) can be inherited.
2. Learned or Operant Behavior involves cognitive adaptation that enhances the human beings
ability to cope with changes in the environment and to manipulate the environment in ways which
improve the changes for survival.
Considerations for Learned Behavior:
a. Environment- language, customs and may other aspects of cultures are important
influences to human beings.

b. Training- closely related to environment and includes all social, educational, cultural,
moral and religious agencies with which the child comes in contact.
c. Efforts of the will- will is man's capacity to direct and restrain thoughts actions and
emotions, it is a controlling factor in causing individual differences.

Personality Dimensions that Affect Human Behavior


1. Extraversion - the dimension that dictates condition ability. It represent central nervous system
that determines need for stimulation and excitement. Extravert dimension plays the greatest role in
crime and delinquency because they frequently seek stimulation, excitement and thrills all of which
can get them in trouble.
2. Neuroticism - it reflects an innate biological predisposition to react physiologically to stressful
or upsetting events. High levels of neuroticism enhance whatever habits and consequently
influence the individual to behave anti-socially.
3. Psychoticism - is characterized by cold cruelty, social insensitivity, disregard for danger,
troublesome behavior, dislike of others and an attraction toward the unusual.

II. PSYCHOLOGICAL EXPLANATION OF HUMAN BEHAVIOR


(attempted to explain by means of inherited trait called intelligence)
1. The mind and its relationship to crime- individual thought to be possessed by good or evil
spirits caused good or evil behavior; psychological problems could cause illness.
2. Psychiatric approach - views each person as a unique personality who can be understood only
by a thorough case study. Humans have mental conflicts because of desire and energies that
repressed into the unconscious.
The improperly socialized child does not develop an ability to control impulses and acts them out
or project them inward.
3. Personality theory- emphasized mental disorders and crimes are both associated with some of
the same demographic factors, such as age, gender and ethnic origin.
4. Intelligence and crime - low intelligence causes crime.
5. Cognitive Development Theory-based on the belief that the way in which people organize their
thoughts about rules and laws results in either criminal or non-criminal behavior. Human behavior
criminal conduct exist because of the way people think and the choices they made.
6. Behavior theory- undesirable behavior can be eliminated, modified or replaced by taking away
the reward value or by rewarding a more appropriate behavior that is incompatible with the deviant
one.
7. Learning theory - emphasizes that learning mat accomplished using other people as models.

SYMPTOMS OF MENTAL DISORDERS


1. Physical- rapid changes in pulse, temperature, respiration, nausea, vomiting, headaches,
dizziness, loss of appetite, weight changes, excessive fatigue, pain.
2. Mental-flights of fancy, aphasia, amnesia, phobias, irrational fears, false perceptions-illusions,
hallucinations, delusions and false beliefs.
3. Emotional – apathy, unnatural state of happiness, behavior symptoms-crying, laughing, profane
language and constant repetition of acts.

TYPES OF MENTAL DISORDERS


1. Psychosomatic Illness- implies an interrelationship of mind, body and desire. If an adolescent
is emotionally disturbed, his feelings are accompanied by physiological changes.
2. Psychoneurosis- is a mild form of mental disorder. A person may have no physical difficulty but
may experience lack of sleep and loss of appetite and becomes emotionally unhealthy.
3. Psychoses- are serious mental and emotional disorders that are a manifestation of withdrawal
from reality.

FACTORS THAT AFFECT MENTAL DISORDERS:


1. Heredity-most frequent with family histories revealing mental illnesses.
2. Incestuous marriages-blood incompatibility of parents maternal infection.
3. Impaired vitality- mental worry, grief, physical strain, unhygienic surroundings, infections and
birth trauma.
4. Poor moral values training and breeding -improper breeding and poor moral values training.
5. Psychic actors- emotional disturbances, such as love, hatred, passion, frustration and
disappointment.
6. Physical factors
a. Non-toxic- exhaustion resulting from severe physical and mental strain, cerebral
hemorrhage, trauma on the skull affecting the brain,
b. Toxic- produced by excessive formation or deficient elimination of waste products, by
infection or excessive use of certain drugs.

MANIFESTATIONS OF MENTAL DISORDERS


1. Cognitive disorder (Knowing)
2. Emotional Disorders (Feeling)
3. Volition Disorder (Conation)

1. Cognitive disorder-knowing
a. Perception disorders
Illusion - a false interpretation of an external stimulus. It may be manifested through sight, hearing,
taste, touch and smell
Hallucination- an erroneous perception without an external object of stimulus.
Visual- seeing things although not present
Auditory- hearing voices in absolute silence
Olfactory- false perception of smell
Gustatory- false perception of taste
Tactile- false perception of touch
Kinesthetic- tale perception of movement
Hypnagogic- false sensory perception of occurring midway between falling asleep and being
awake
Lilliputian -perception of objects as reduced in size.

b. Memory disorders
Dementia- a form of mental disorder resulting form the degeneration or disorder of the brain
characterized by general mental weakness,
Forgetfulness- loss of coherence and total inability to reason but accompanied by
delusion
Acute Dementia- a form of temporary dementia occurring in young people like
malnutrition, overwork
Dementia Paralytica- degeneration of physical, intellectual and moral power leading to
paralysis.
Dementia Praecox-characterized by loss of memory
Senile Dementia- characterized by loss of memory with childish and silly behavior and
physical degeneration
Toxic Dementia- characterized by weakness of mind or feeble cerebral activity.

Amnesia-loss of memory
Anterograde Amnesia- loss of memory of recent events
Retrograde Amnesia- loss of memory of past events and observed in traumas of the
head.

c. Content of thought disorders


Delusion-a false or erroneous belief in something which is not a fact
Delusion of grandeur- erroneous belief that he is in possession of great power, wealth,
wisdom physical strength.
Delusion of persecution-a false belief that one is being persecuted
Delusion of reference - one thinks that he is always the subject matter of conversation.
Delusion of self-accusation - a false belief in having committed a crime or hurting the
feelings of others.
Delusion of infidelity- a false belief that one's lover is unfaithful.
Nihilistic delusion - a false belief that there is a bio world that one does not exist and that
his body is dead.
Hypochondriacal delusions-false feelings that one is suffering from incurable diseases
Delusion of depression- patient experiences feelings of uneasiness, worthlessness and
futility
Delusion of negation- feeling that some parts of the body are missing.

Obsession - is a condition of the mind bordering on sanity and insanity.

d. Trend of thought disorders


Mania - a state of excitement accompanied by exaltation or a feeling of well-being which is out of
harmony with the surrounding circumstances of the patient.
Melancholia - an intense feeling of depression and misery which is unwarranted by his physical
condition and external environment.

2. Emotional Disorders-Feeling
Exaltation- feeling of unwarranted well-being and happiness.
Depression - feeling of miserable thought, that a calamitous incident occurred in his life,
something has gone wrong with his bodily functions and prefers to be quiet and in seclusion.
Apathy - serious disregard for the surrounding and the environment.
Phobia -excessive, irrational and uncontrollable fear of a perfectly natural situation or object.

3. Volition Disorder-Conation
Impulsion - sudden and irresistible force compelling a person to the conscious performance of
some action
Compulsion - it is an act wherein a person is compelled to perform some actions against his free
will and with duress as a result of external factors.
Pyromania - an irresistible impulse to set things afire.
Kleptomania- steal
Mutilomania- main animals
Dipsomania- indulge in intoxication

III. CLASSICAL TYPES OF MENTAL DEFICIENCIES


1. Idiot-wanting in memory, willpower and emotion, cannot expressed himself in language, is
quiet, timid and easily irritated. L.Q. 0-10
2. Imbecile -cannot manage his own affairs, able to speak but worth poor command language. IQ.
21-40
3. Feeble-Minded- incapable of receiving benefits from instruction in ordinary school, lacks
initiative and ability for any work or responsibility. 1.Q. 41-70,
4. Morally Defective- devoid of a moral sense and often shows intellectual deficiency, careless,
pleasure-loving and a devil-may-care-sort who adheres to the principles of live today for tomorrow
we die, live fact and die young and it is only happiness that counts.

CONDITIONS MANIFESTING MENTAL DISTURBANCES


1. Somnambulism- is an abnormal mental condition whereby a person performs an act while
sleeping.
2. Semisomnolence or somnolencia- state of half sleep or in a condition between sleep and
being awake. Commit criminal act due to confusion.
3. Hypnotism or mesmerism - a person is made unconscious by the suggestive influence of a
hypnotist.
4. Delirium- is a state of confusion of the mind. Characterized by incoherent speech,
hallucinations, illusions, delusions, restlessness and apparently purposeful motions.

DIAGNOSTIC CATEGORIES OF MENTALLY-DISTURBED PERSONS


1. Anti-social personality - this is a mentally-disturbed person who is opposed to the principles
upon which society is based
Sociopath - is a person who lacks any sense of social or moral responsibility due to mental
illness.
Psychopath is a person having personality disorders characterized by anti-social behavior,
indifference to immorality and abnormal changes in mood or activity.

2. Paranoid-Schizophrenic - is a mental disease resembling paranoia, but is also characterized


by autistic behavior, hallucinations and a gradual deterioration of the personality.

3. Inadequate personality - a person who does not fit a particular purpose.

4. Manic depressive - characterized by alternating accounts of mania and depression.

TYPES OF CRISIS/EMERGENCY
1. Man-made crises/emergencies
civil disturbance revolt revolution, border incident, war kidnapping, hijacking, hostage-taking
terrorist activities attacks/raids on government installations/facilities and vital facilities.
2. Natural crisis/emergencies
fire, marine/air disasters structural collapse hazardous spills

2 PHASES OF CRISES MANAGEMENT


1. Proactive Phase - designed to predict or prevent the probability of occurrence of crises at the
same time prepare to handle them when they occur.
2. Reactive Phase - Performance the actual execution or implementation of any of contingency
plan when a crisis situation occurs despite the pro-active measures.

PROACTIVE PHASE
1. Prediction- involves foretelling of the likelihood of crises occurring either natural or man-made
through the continuous assessment of all possible threats and threat groups as well as the
analysis of developing or reported events and incidents
Predict Inputs.
a. Intelligence-involves collection, evaluation, processing, updating and dissemination of
information obtained from all possible sources.
3 Categories of Intelligence in Crisis Management:
1. Strategic Intelligence (International Threat Groups)
2. Tactical Intelligence (Locally-operating threat groups
3. Operational Intelligence (Needed for Specific Incident)

b. Events- facilitate analyses necessary for the identification of threat groups and targets.
2. Prevention- involves the institution of passive and active security measures, as well as the
remedy or solution of destabilizing factors and or security flaws leading to crises.
Preventive actions to neutralize threat groups:
Operations security-prevent the potential threat groups from knowing the unit plans and
operations. The key to an effective operations-security system is protecting information.
Personnel security - protection of personnel against subversion and blackmails. Special
measures to high-ranking officials.
Physical security - encompasses protection of information, material and personnel against
terrorist actions.
Physical security measures include outer and inner defense barrier protection, alarm, surveillance
and guarding systems and personnel control system.

3. Preparation- entails planning, organization and training and stockpiling of equipment and
supplies needed for such crises.

IV. 3 STAGES OF CRISIS MANAGEMENT PERFORMANCE


1. Initial action -includes monitoring of the progress of the incident, securing the scene, protecting
itself, establishing perimeter security evacuating innocent civilians.
2. Action -consists of two distinct activities; negotiation and tactical action/intervention which may
take place independently either simultaneously or in succession.
3. Post action -begins as soon as the perpetrator surrender or when they are captured or
neutralized and the crisis situation is deemed cleared.

BROAD CATEGORIES OF THREAT GROUPS


1. Political terrorists these are ideologically- inspired individuals or groups. They want prestige
and power for a collective goal or higher cause.
2. Criminals these are people who commits terrorist acts for personal rather than ideological gain.
3. Mentally- Deranged Individuals these people commit terrorist's acts during a period of
psychiatric disturbance.
4. Religious Extremists mainly belonging to Southern religious Fundamentalists.
5. Economically- motivated Groups/Individuals belonging to labor groups who take recourse to
violence if it find favorable to them.

TERRORIST TACTICS
1. Bombing
A. Vehicle bombs- booby trapped vehicles with attached devices and car bombs.
B. Laid charges- bombs placed by hand.
C. Projected bombs- bomb thrown by hand, launched from rifles/mortar devices.
D. Postal/mail bombs- bomb sent through letters, parcels and other items sent by mails.

2. Arson - used to destroy or disrupt targets such as public utilities, political headquarters,
economic and

3. Hijacking/ skyjacking highjack vehicles with supply ammunition and fuel cargoes industrial
facilities

4. Assassination/Liquidation Targets are often predictable, and invariably, the terrorist will claim
responsibility for the assassination mostly government officials, corporate executives, military and
police and security officer.

5. Ambush - this is a well-planned, generally well-thought-out, properly rehearsed and precisely


executed operation.

6. Kidnapping- kidnapping for ransom is the most common form of this tactic.. The victim is
normally confined in a secret hideaway and the kidnapper makes material demands.

7. Hostage-taking the hostage taker confronts the authorities and openly holds the victims for
ransom. His demands are often more than just material in nature.

8. Robbery/Extortion-terrorist operations are expensive. To help finance their activities, terrorist


rob banks and armored vehicles and persons carrying large sums of cash. Band robberies are also
used as graduation exercises for terrorist training programs and viewed as a tactical operation.
They conduct reconnaissance, plan escape routes and operate with a high degree of efficiency.
9. Progressive Taxation scheme of the CPP/NPA is a form of extortion through coercion or use of
force against the victim or his property.

10. Raids/Attacks-target may not necessarily be vital, isolated or large ones, what is important is
the raid/attack will attract public/media attention.

CRISIS MANAGEMENT ACTION GROUPS


1. Negotiation Group composed of selected civilian officials/personalities and military/police
personnel for the purpose of negotiating with the terrorist elements and performing liaison
functions between them and the On Scene Command Post.

Negotiation Team- include psychologist or an interpreter whose primary concern is to save lives,
prevent destruction of property and pave the way for a peaceful resolution of the crisis situation.
Liaison Team - coordinates the negotiation team and OSC.
Roles and Composition of the Negotiating Team
1. Negotiating team Coordinator
2. Primary negotiator- assigned directly communicates with the terrorists.
3. Coach- positioned near the primary negotiator.
4. Chronographer - records all pertinent activity,
5. Messenger - carry written communications between the negotiator and the OSC.
6. Intelligence officer - responsible for providing the conflict management team
components with any information.

2. Operation Groups -composed of regular and special military and police elements deployed in
the crisis incident site to perform security functions and conduct tactical operations/interventions
necessary and appropriate to neutralize the terrorist elements/perpetrators at the earliest possible
time and at minimum risk and cost to life and property.
A. Security units/elements - these are military or police personnel who shall compose the
area and perimeter security.
B. Tactical action/intervention units/elements - these are AFP/Police units /elements
specially organized, trained and equipped to perform highly specialized anti-terrorist
operations such as sniper operations, bomb detection and disposal and the like.
C. Utilities Liaison team -coordinates with power, telephone and water utility tries to
regulate supply to the area where hostage taking occurred for the purpose of enhancing
government negotiation position.

3. Service Support Group -this group shall be composed of civilian agencies/organizations and
military police units tasked to provide the necessary administrative, operational and logistical
support to the OSC Post. These include food distribution, medical evacuation, communication-
electronics, transportation and other services.
A. Legal/Investigation teams -conduct investigation, collation and preservation of
evidence, documentation and provide legal advice to the OSC.
B. Intelligence team -responsible for the collection and processing of all operational
Intelligence needed by the OCS.
C. Communications Electronics team -responsible for insuring effective communications
between the OCS and CMC.
D. Logistic team -composed of support personnel who provide food and drinks,
ammunition, clothing, supplies, equipment, transportation, lighting/electricity if needed and
other logistical services.
E. Medical team -provides medical supplies and service. It shall maintain contact with
hospitals to ensure that they are prepared to handle any eventuality.
F. Fire-Fighting Team -it shall provide fire-fighting units to extinguish fires intentionally set
by the perpetrators or fires resulting from the operation of the reaction/intervention units.
G. Administrative Support team -these are personnel assigned to the OSCP to keep
written records of events, incoming and outgoing communications and ensures continuity
between shifts and permits accurate Post Incidents Reports.
4. Public Affairs Group -these group shall be composed of civilian and military/police personnel
tasked to coordinate and control public information media coverage and community relations
functions.
A. Public Information/Media Liaison & Control Team- stationed at OSCP. The press
relations or public affairs officer may release approved information to members of the print
and broadcast media.
B. Community Relations Team - conducts civic action, provides public assistance,
coordinates and supervises relocation of civilians displaced as a result of the terrorist
action or of the military/police action taken against a the terrorist elements and other
activities to ensure maximum public cooperation.

PERSONALITY TYPES OF HOSTAGE-TAKERS


1. Psychotics
A. Paranoid Schizophrenics -they are characterized by persistent false mental
perceptions or beliefs such as delusions or persecution. Their thinking is often loose and
makes no sense.
B. Psychotic depressives -they experience extreme sadness, hopelessness, feelings of
inadequacy, worthlessness, slow thinking and speech and indecisiveness. They have less
concentration and are prone to suicide.

2. Personality Disorders
A. Anti-Social personalities -they are repeatedly in conflict with society, thus, are
incapable of loyalty and are grossly selfish, callous and irresponsible.
B. Inadequate personalities- they are unable to respond effectively to emotional, social,
intellectual an physical demands. They show ineptness, poor judgment, social instability
and they lack physical and emotional stamina.

V. GENERIC CATEGORIES OF HOSTAGE-TAKERS


1. The common criminal -concede to police negotiations.
2. The Psycho- unpredictable & may resort to violence depending on his mood.
3. The Fanatic- most dangerous, extreme side of violence.

CLASSIFICATION OF TERRORIST GROUPS


1. Minority Nationalistic Groups- group fighting the majority of the community where the support
base will depend on ethnic, religious or linguistic minorities at odds with the majority community.
2. Marxist revolutionary Group - characterized its possession of a coherent Marxist ideology or
any persuasion and of a long-term strategy for bringing about a socialist revolution.
3. Anarchist Group -brings lawlessness and disorder.
4. Pathological Groups -motivations normally have more to do with personal inadequacy, hatred
of family or specifically identified persons or things than with acquired ideology.
5. Neo-Fascist and Extreme Right-Wing Groups - group appearing to counter the activities of
the Left and pose a more serious threat to security forces than the more traditional terrorist
groups.
6. Ideological mercenaries -new form of terrorism from men and women who for the sake of a
shared ideology and a common faith in worldwide revolution, rather than a money are ready to
cross frontiers to pursue their causes,
BROAD CATEGORIES OF THREAT GROUPS
1. Political Terrorists- ideologically inspired individuals or groups. They want prestige and power
for a collective goal or higher cause.
2. Criminals- acts for personal rather than ideological gain, such as kidnapping or extortion, bank
robberies.
3. Mentally- deranged individuals - acts during a period of psychiatric disturbance.
4. Religious extremist- intolerant of other faiths, they are apt to execute hostages belonging to
other religious groups
5. Economically-motivated groups/individuals - belonging to labor groups who resorted for a
reasons favorable to them.

TACTICS AGAINST HOSTAGE-TAKERS


1. Establish and maintain communication.
2. Stall for time
3. Obtain information.
4. Calm the hostage-takers including the following:
Modeling- the negotiator must talk and respond in a calm and controlled manner using a
very conversational tone
Ventilation- give the hostage-takers time to talk without interrupting them.
Distraction- use this to draw the attention of the hostage-takers away from whatever is
bothering them.
Motivating - inspiring, encouraging and impelling people to take required action
5. Establish rapport.
6. Use persuasion.

MAJOR ACTIVITIES IN MANAGING HOSTAGE SITUATIONS


1. Planning - consist of work to be performed in order to predetermine a course of action. It
involves:
A. Forecasting - anticipating conditions, problems and opportunities that may be confronted
during and after the incident.
B. Establishing objectives - determining desired results.
C. Establishing priorities -creating a sequence of steps to be followed in reaching the objective.
D. Scheduling- establishing action commitments.
E. Allocating Resources -identifying manpower and equipment required to reach objectives and
to effectively utilize available resources.
F. Establishing Procedures - standardizing ways of performing specified work
G. Establishing Policy - providing answer to important questions and problems which are
anticipated and which provide for action that is in the interest of the police.

2. Organizing- consists of work to be performed in order to arrange and relate so that it can be
accomplished effectively
A. Structuring work- identifying and classifying work that needs to be performed, and seeing
to its proper implementation.
B. Delegating - entrusting responsibility and authority to others and establishing
accountability.
C. Developing Relationships - creating conditions necessary for mutually cooperative effort
and teamwork.

3. Leading - consists of work to be performed in order to stimulate people to take effective action.
A. Making decisions- arriving at conclusions and judgments about results.
B. Communicating - creating understanding..
C. Selecting people - choosing people with the appropriate skills, attitudes and experience to
perform specific work.
D. Developing people improving the knowledge, attitudes and skills of people.

4. Controlling - consist of work to be performed in order to assess and regulate work in progress
and which needs to be finished.
A. Developing performance standards- establishing criteria in order to differentiate
between acceptable and unacceptable performance.
B. Measuring performance- recording and reporting work.
C. Evaluating performance- appraising work and results.
D. Correcting performance- regulating and improving methods and results.

"The KEY to negotiating with terrorists is to convince the hostage takers that their point
has been well made, their demands have been heard, and the killing of the hostages would
simply mean to discredit them in the eyes of the public."
Human Behavior and Victomology
CRIM 313

Nature and Concept of Human Behavior

Behavior
Human Behavior
 Behavior is LEARNED
 Behavior is a function of the environment
Therefore…
 New behaviors can be taught
 Old behaviors can be unlearned
 We change behavior by changing the ENVIRONMENT

Introduction of human behavior


• Aims to understand others.
• To determine how and why people behave the way they do.
• Is a complicated phenomenon influenced by many factors?
• A collection of activities influenced by culture, attitude, emotions, values, ethics,
authority, rapport, hypnosis, persuasion and coercion.

ABA
APPLIED-
 Refers to the social significance of the behavior (of immediate importance to
the individual or society)
BEHAVIOR-
 Behavior is in need of improvement
 Behavior must be observable and measurable
ANALYSIS-
 Believability
 Demonstrates a functional relationship between behavior and intervention
 controls the occurrence and nonoccurrence of a behavior

What is Human behavior???


The term behavior as it is used today (Linehan, 1993) includes any activity, functioning or
reaction of the person that is anything that an organism does involving action and response to
stimulation.

Concepts of Human Behaviour

• There are changes observed within organism ( human nature )


• Overt
• Covert

OVERT COVERT
Changes External Internal
Cannot be measured &
Observation Can be measured & seen
directly seen
Examples Running , jumping , etc. heartbeat , thinking , etc

Organizational Behavior - systematic study of the actions and attitudes that people exhibit
within organizations.

What else do we know about Human Behavior?


Psychologists on the basis of their scientific knowledge about human behavior have
developed certain ideas about human behavior. In spite of considerable diversity, human behavior in
general has certain common aspects.

Contemporary psychologists have developed some important concepts or ideas about human
behavior which most of them share.

These ideas, which are briefly outlined in the following which will provide a better perspective
to managers to understand human nature.

1. Human beings are biological creatures and are to a very great extent influenced by their
biological makeup. Our nervous system and hormonal changes in our body considerably
influence our behavior.
E.g. – by exercising regularly, we can build strong muscles and by doing yoga,
we can do a great extent, bring changes in our physiological functioning.

2. Every person is different, yet much the same - Human beings are unique creatures. Every
human being is unique and different from others in terms of not only hereditary but also other
characteristics.

3. Human lives are a continuous process of change - Human being are dynamic creature
and are always in the process of change. The development change that occurs in human
being are all- round.

- Human beings changes not only physically but they also show changes in intellectual,
social, emotional, sexual, and moral areas.

4. Behavior is motivated - Human behavior is a result of motivation and is not aimless. Our
behavior is motivated by wide variety of factors. Our behavior may be motivated either by
internal factors OR external factors. Our behavior can also be motivated due to basic motives
like hunger, thirst, sex, avoidance, etc.

5. Behavior has multiple causes - Behavior is multi-causational and is largely a result of many
causes operating together to influence a particular behavior. Our behavior is influenced
simultaneously by many causes.

6. Human are social animals - Human beings are social animals. Social groups considerably
influence them. They from groups and work in groups not only to achieve a complicated task
but also to relax.

7. People play an active part in creating their experience - Human beings are active
creatures. They create their own environment and experiences to satisfy their needs and
desires.

Motivation of Human Behavior

What Is Motivation?
 The term "motivation" is frequently used to describe why a person does something. It
is the driving force behind human actions.
 It is the process that initiates, guides, and maintains goal-oriented behaviors
 It involves the biological, emotional, social, and cognitive forces that activate
behavior
 It doesn't just refer to the factors that activate behaviors; it also involves the factors
that direct and maintain these goal-directed actions (though such motives are rarely
directly observable)
What exactly lies behind the motivations for why we act?
Theories of Motivation
a. Drive Theory - people are motivated to take certain actions in order to reduce the
internal tension that is caused by unmet needs. The problem with the drive theory of
motivation is that these behaviors are not always motivated purely by physiological
needs.
b. Instinct Theory - people are motivated to behave in certain ways because they are
evolutionarily programmed to do so. The main problem with this theory is that it did
not really explain behavior, it just described it.

Humanistic Theory

 First introduced his concept of a hierarchy of needs in his 1943 paper "A Theory of
Human Motivation" and his subsequent book Motivation and Personality.

 This hierarchy suggests that people are motivated to fulfill basic needs before moving
on to other, more advanced needs.

Types of Motivation

Different types of motivation are frequently described as being either extrinsic or intrinsic:
• Extrinsic motivations are those that arise from outside of the individual and often
involve rewards such as trophies, money, social recognition, or praise.
• Intrinsic motivations are those that arise from within the individual, such as doing a
complicated crossword puzzle purely for the personal gratification of solving a
problem.

Humanistic Theory

Humanistic psychology expanded its influence throughout the 1970s and the 1980s.
Its impact can be understood in terms of three major areas:

1. It offered a new set of values for approaching an understanding of human nature and the
human condition.

2. It offered an expanded horizon of methods of inquiry in the study of human behavior.

3. It offered a broader range of more effective methods in the professional practice of


psychotherapy.
Four key dimensions of personality

1. Awareness – maintaining constant enjoyment and awe of life. These individuals often
experienced a "peak experience". He defined a peak experience as an "intensification of any
experience to the degree there is a loss or transcendence of self". A peak experience is one
in which an individual perceives an expansion of themselves, and detects a unity and
meaningfulness in life. Intense concentration on an activity one is involved in, such as running
a marathon, may invoke a peak experience.

2. Reality and problem centered – having a tendency to be concerned with "problems" in


surroundings.

3. Acceptance/Spontaneity – accepting surroundings and what cannot be changed.

4. Unhostile sense of humor/democratic – do not take kindly to joking about others, which
can be viewed as offensive. They have friends of all backgrounds and religions and hold very
close friendships.

The Six (6) Approaches of Personality

What is Personality?

"Personality" is a dynamic and organized set of characteristics possessed by a person that


uniquely influences their environment, cognition, emotions, motivations, and behavior in various
situations. The word personality originates from the Latin persona, which means “mask”.
Personality also refers to the pattern of thoughts, feelings, social adjustments,
and behaviors consistently exhibited over time that strongly influences one's expectations, self-
perceptions, values and attitudes. Personality also predicts human reactions to other people,
problems, and stress.

Personality Dimensions that Affect Human Behavior

Everyone has their unique pattern of feelings, thoughts and behaviors, which is formed by a
fairly stable combination of personality traits. As personality forms an inclination towards certain
characteristic reactions in any given situation, personality traits are likely to influence attitudes and
behavior.

Five broad traits that can be remembered with the acronym OCEAN:

 O – Openness - is a measure of depth, breadth and variability in a person's


imagination and urge for experiences. The factor relates to intellect,
openness to new ideas, cultural interests, educational aptitude and creativity
as well as an interest in varied sensory and cognitive experiences.

 C – Conscientiousness - is a measure of goal-directed behaviour and


amount of control over impulses. Conscientiousness has been linked to
educational achievement and particularly to the will to achieve. The focused
person concentrates on a limited number of goals but strives hard to reach
them, while the flexible person is more impulsive and easier to persuade from
one task to another.

 E – Extraversion - dimension contrasts an outgoing character with a


withdrawn nature. Extraverts tend to be more physically and verbally active
whereas introverts are independent, reserved, steady and like being alone.
 A – Agreeableness - scale is linked to altruism, nurturance, caring and
emotional support versus competitiveness, hostility, indifference, self-
centeredness, spitefulness and jealousy. Agreeable people can be described
as altruistic, gentle, kind, sympathetic and warm. and

 N – Neuroticism - is a measure of affect and emotional control. Persons with


high levels of neuroticism are reactive and more easily bothered by stimuli in
their environment. They more frequently become unstable, worried,
temperamental and sad. Resistant persons on the other hand need strong
stimuli to be provoked.

Each of the major traits from the Big Five can be divided into facets to give a more fine-
grained analysis of someone's personality.

Personality dimensions and the poles of traits they form

Personality dimension High level Low level

Neuroticism sensitive, nervous secure, confident

Extraversion outgoing, energetic shy, withdrawn

Openness to experience inventive, curious cautious, conservative

Agreeableness friendly, compassionate competitive, outspoken


Conscientiousness efficient, organized easy-going, careless

Personality Disorders which may lead to criminal behavior

There are many theories as to what causes an individual to engage in criminal behavior.
Some theories focus the origin of criminal behavior is based on biological factor. Other theories
suggest that criminal behavior is mainly lead by sociological factors.

Theories that based on biological factor are referred to as Biological Theories. Theories
based on sociological factors are referred to as Sociological Theories

Early Biological Theories

 Lombroso in 1876 argued that the criminal is a separate species, a species that is between
modern and primitive humans.

 He argued that the physical shape of the head and face determined the "born criminal".

 Is the way of thinking, feeling and behaving that makes a person different from other people.
An individual’s personality is influenced by experiences, environment (surroundings, life
situations) and inherited characteristics

 typically stays the same over time

 Is a way of thinking, feeling and behaving that deviates from the expectations of the culture,
causes distress or problems functioning, and lasts over time.

There are 10 specific types of personality disorders.

 Personality disorders are long-term patterns of behavior and inner experiences that differs
significantly from what is expected.

 The pattern of experience and behavior begins by late adolescence or early adulthood and
causes distress or problems in functioning.

 Without treatment, personality disorders can be long-lasting. Personality disorders affect at


least two of these areas:

 Way of thinking about oneself and others

 Way of responding emotionally

 Way of relating to other people

 Way of controlling one’s behavior

Types of Personality Disorders

1. Antisocial personality disorder- a pattern of disregarding or violating the rights of others. A


person with antisocial personality disorder may not conform to social norms, may repeatedly
lie or deceive others, or may act impulsively.

2. Avoidant personality disorder - a pattern of extreme shyness, feelings of inadequacy and


extreme sensitivity to criticism. People with avoidant personality disorder may be unwilling to
get involved with people unless they are certain of being liked, be preoccupied with being
criticized or rejected, or may view themselves as not being good enough or socially inept.
3. Borderline personality disorder - a pattern of instability in personal relationships, intense
emotions, poor self-image and impulsivity. A person with borderline personality disorder may
go to great lengths to avoid being abandoned, have repeated suicide attempts, display
inappropriate intense anger or have ongoing feelings of emptiness.

4. Dependent personality disorder - a pattern of needing to be taken care of and submissive


and clingy behavior. People with dependent personality disorder may have difficulty making
daily decisions without reassurance from others or may feel uncomfortable or helpless when
alone because of fear of inability to take care of themselves.

5. Histrionic personality disorder - a pattern of excessive emotion and attention seeking.


People with histrionic personality disorder may be uncomfortable when they are not the center
of attention, may use physical appearance to draw attention to themselves or have rapidly
shifting or exaggerated emotions.

6. Narcissistic personality disorder - a pattern of need for admiration and lack of empathy for
others. A person with narcissistic personality disorder may have a grandiose sense of self-
importance, a sense of entitlement, take advantage of others or lack empathy.

7. Obsessive-compulsive personality disorder - a pattern of preoccupation with orderliness,


perfection and control. A person with obsessive-compulsive personality disorder may be
overly focused on details or schedules, may work excessively not allowing time for leisure or
friends, or may be inflexible in their morality and values.

8. Paranoid personality disorder - a pattern of being suspicious of others and seeing them as
mean or spiteful. People with paranoid personality disorder often assume people will harm or
deceive them and don’t confide in others or become close to them.

9. Schizoid personality disorder - being detached from social relationships and expressing
little emotion. A person with schizoid personality disorder typically does not seek close
relationships, chooses to be alone and seems to not care about praise or criticism from
others.

10. Schizotypal personality disorder - a pattern of being very uncomfortable in close


relationships, having distorted thinking and eccentric behavior. A person with schizotypal
personality disorder may have odd beliefs or odd or peculiar behavior or speech or may have
excessive social anxiety.
IX. Specialized Crime Investigation 1 with Legal Medicine

CHAPTER I - INTRODUCTION, CONCEPT, NATURE, HISTORY OF LEGAL MEDICINE EVIDENCE

Course Content:
A. History of Legal Medicine
B. Person Authorized to Perform Autopsies
C. Type of Medical Evidences
D. Methods of Preserving Evidence

Course learning Outcomes:


At the end of the class you should be able to:
 Gain a basic understanding of legal medicine, specifically its definition, nature, and types of
evidences.
 Understand the history of Legal Medicine.

---------------------------------------------------------------------------------------------------------------------

Legal Medicine – is a branch of medicine that deals with application of medical knowledge
for the purpose of law and administration of justice. It is also a part of medical science which
is employed by the legal authorities for the solution of legal problems.

 Any physician who testifies in court in his professional capacity can be considered a
practitioner of legal medicine.

Medical Jurisprudence – is that part of the law which is concerned with regulations
governing the professional practice of the Doctor of Medicine. The sights, duties and
obligations of the medical practitioner to his patient.

Technical Definitions

1. Law – Rule of Conduct; just and obligatory laid by legitimate powers for common observance
and benefit.
2. Forensic – anything belonging to the court of law or used in court of legal proceedings or
something fitted for legal or public argumentation.
Forensic professionals focus on gathering and analyzing physical evidence to help solve
crimes. They typically work at law enforcement agencies, such as police departments and
crime labs

3. Jurisprudence – practical science that investigates the nature, origin, development and
functions of law.
4. Principle of Stare Decisis – A principle that when the court has once laid down a principle of
law as applied to a certain state of facts, it will adhere to and apply to all future cases where
the facts are substantially the same.
5. Criminalistics – the application of medical and other basic sciences in crime detection and
investigation. It includes collection, identification, and preservation of evidence.
Criminalists start new cases by traveling to crime scenes and collecting physical remains,
such as bullet casings, fingerprints and DNA. They take pictures and make sketches of where
each clue was located, because placement can help determine who left the evidence.

I. History of Legal Medicine


The medico-legal system is used in the Philippines at present which is handled by a medico-legal
officer who is a registered physician duly qualified to practice medicine in the Philippines. The
National Bureau of Investigation and Philippine National Police have their own medico-legal officers
with their respective medico-legal officers. The medico-legal officer is the one who investigates
medico-legal cases of death, physical injuries, rape and other sexual crimes.

II. Person Authorized to Perform Autopsies

1. Medico-legal officers of law enforcement agencies like the NBI and PNP.
2. Medical staff of accredited hospitals
3. Health officers in remote or rural areas.

III. Medical Evidence

Evidence is a means, sanctioned by rules of court, of ascertaining in the judicial proceedings the truth
respecting the matter of fact. Rules of Court, Rule 128 section 1) medical evidence if the means
employed to prove a fact is medical in nature.

Types of Medical Evidence

1. Real, autoptic or object evidence – it is an evidence that made known or addressed to the
senses of the court. The probative value of real evidence is the best and highest form of
proof. Example, Human Skeletal remains may be allowed inside the court room to show
presence of Ante Mortem fractures.
2. Testimonial Evidence – form of evidence taken orally or in writing the answers to questions
propounded by the counsel and presiding officer of the court. A medical witness can only
testify on matters derived by his own perception.

Hearsay information are as rule not admissible in court. Hearsay evidences are not
knowledge of the witness but from mere repetition of what he has heard. A witness can testify
only to those facts which he knows of his own knowledge. Exception to the non-admissibly of
hearsay evidence is dying declaration. Physicians are frequent recipients of the dying
declarations in clinic and hospitals. To be admissible, the factors should be considered:
 That the declarant was conscious about his impending death.
 That the declarant was in full possession of his mental faculties.
 That the declarant must be with regards to his impending death.

A dying declaration cannot be used in civil action and is not admissible if the patient recovers.

3. Experimental Evidence – a medical witness may be permitted to conduct experiment on


laboratory animals to prove his allegations on certain position he had previously stated in full
view of the court.

4. Documentary Evidence – a written evidence presented to the court by the expect witness
about the subject matter in dispute.

Medical Documentary Evidence may be in the form of:

A. Medical certification or report


 Physical Exam report
 Autopsy report
 Exhumation report
 Death Certificate
 Birth Certificate
B. Medical Expert Opinion – a physician on account of his training and
expertise can give his own opinion on a set of medical facts.

C. Deposition – is a written record of evidence given orally and transcribed in


writing in the form of questions by the interrogation and the
answers of his deponent and signed by the latter.

5. Physical Evidence – These are articles and materials which are necessary in crime
investigation and detection, this will aid in establishing the identities of the criminal and the
circumstances surrounding the commission of the crime.

The following are types of physical evidence necessary for the conviction of the perpetrators.

A. Corpus Delicti Evidence – means that the body of the crime or actual commission of the
crime charged. Examples: Body of the victim of murder, blood stained knife.
B. Associate Evidence – These are evidences which links the suspect to the commission of the
crime. Examples: Weapons used, finger and footprints, wearing apparent.
C. Training Evidence – These are physical evidence which may help in locating the
whereabouts of the perpetrators of the crime. Examples: Ship manifest, airlines manifest.

Evidence Necessary for Conviction


1. Direct Evidence – An evidence which proves the fact in dispute without the aid of any
inference or presumption.
2. Circumstantial Evidence – It is a proof of facts or facts from which, taken either
singly or collectively maybe informed as necessary of probable consequence.
3. Prima Facie Evidence – It is that evidence which suffixes for the proof of a particular
facts until contradicted by other evidences.
4. Corroborative Evidences – It is an additional evidence of a different kind and
character, tending to prove the same point.
5. Expert Evidence – It is the testimony of the possessing, in regards to particular
subject on Department of Human Activity, knowledge not usually acquired by other
persons.
6. Relevant Evidence – It is an evidence having any value reason as tending to prove
any matter probable in an action.
7. Material Evidence – An evidence which refers to the direction to prove a fact in issue
as determine by the rules of substantive law.
8. Competent Evidence – It is an evidence which is not included by law in a particular
case.
9. Corpus Delicti – It means the body of the crime or actual commission of the crime
charged.

IV. Methods of Preserving Evidence

1. Photography and Audio – Visual recording photography is the most useful and reliable means of
preserving evidence. Camera is easily available and reproduction is easy.

2. Sketching – Rough drawing of the scene or object is done if no scientific apparatus to preserve
evidence is available.

3. Description – It requires keen observation and perception in putting in words the person or thing to
be preserved.

4. Testimony from the Witness or Witnesses – A person who has the power to transmit to others
what he has perceived.

5. Special Methods:

A. Embalming for human body

B. Refrigeration for blood

C. Staining for blood and semen.

Proof beyond reasonable doubt.

In a criminal case, the defendant is entitled to an acquittal unless guilt is shown


beyond reasonable doubt.
CHAPTER II - MEDICO-LEGAL ASPECT IN INVESTIGATION

Course Content:
A. Methods of Deception Detection
B. History of Deception Detection
C. Procedure of Deception Detection
D. Lie Detector or Polygraph Test
E. Signs and Symptoms of Guilt
F. Confession and Admission

Course learning Outcomes:


At the end of the class you should be able to:
 Identify the different methods of deception detection
 Discuss the Procedure of Deception Detection
 Identify the signs and symptoms of Guilt

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Medico Legal Investigation

Truth is necessary in the administration of justice attained by using medical techniques.


Although the results in medical techniques in deception detection are not admissible as evidence in
court, it may be useful for further investigation. The role of physician in criminal investigation utilizing
highly technical medical methods is to assist in its operation and interpret the results.

Deception Detection Methods

It is a method of gathering information from the subject about the crime in dispute employing
the use of special medicines and other devices, drugs and other substances. Their results are not
admissible in court but useful for further investigation.

I. METHODS OF DECEPTION DETECTION


Use of polygraph test or lie detector test or Keeler’s test.
Polygraph is an instrument that measures and records several physiological responses such as blood
pressure, pulse rate, respiration, and skin conductivity while the subject is asked and answers a
series of questions, on the basis that false answers will produce distinctive measurements.

II. HISTORY

The idea that lying produces physical side affects has long been claimed. In Africa, persons
suspected of a crime were made to pass bird’s egg to one another. If a person broke the egg, then he
or she was considered guilty, based on the idea that their nervousness was to blame. In ancient
China, the suspect held a handful of rice in his mouth during the prosecutor’s speech. Since salivation
was believed to cease at times of emotional anxiety, person was considered guilty if by the end of the
speech the rice was dry.
III. PROCEDURE

Today, polygraph examiners use two types of instrumentation: Analog and computerized most
examiners now use computerized instrumentation.

A typical polygraph test starts with a pre-test interview to gain some preliminary information
which will later be used for “Control Question” or CQ. Then the tester will explain how the polygraph is
supposed to work, emphasizing that it can detect lies and that it is important to answer truthfully. Then
a "stim test" is often conducted: the subject is asked to deliberately lie and then the tester reports that
he was able to detect this lie. Then the actual test starts. Some of the questions asked are "Irrelevant"
or IR ("Is your name Juan Dela Cruz?"), others are "probable lie" control questions that most people
will lie about “Have you ever stolen money?” and the remainder are the "Relevant Questions" or RQ
that the tester is really interested in. The different types of questions alternate. The test is passed if
the physiological responses during the probable lie control questions (CQ) are larger than these
during relevant questions (RQ). If this is not the case, the tester attempt to elicit admissions during a
post test interview for example “your situation will only get worse if we don’t clear this up”. Criticisms
have been given regarding the validity of the administration of the Control Question Technique. The
CQT may be vulnerable to being conducted in an interrogation-like fashion. This kind of interrogation
style would elicit a nervous response from innocent and guilty suspects alike.

IV. LIE DETECTOR OR POLYGRAPH TEST

A test used to record physiological changes associated with lying in a subject. The polygraph
machine will record the blood pressure, respiratory rate and the skin resistance to electricity in a
graphic paper.

The subject is made to sit comfortably and the blood pressure cuff, pneumography and
electrodes connected to the machine will be placed in the subject. When the machine is switched on,
then questions will be asked that can only be answered by Yes or No by the subject.
The machine measures changes in the rate and pattern of respiration although the use of one
or two rubber tubes placed about the chest. The inspiration and expiration reflected in the movements
of the stylus on the chart. Two electrodes placed upon the fingers measures the galvanic skin
resistance and a blood pressure and pulse readings. These recordings are transferred to a chart
revolving at 6 inches per minute.

Although the polygraph has been used extensively as an investigative aid in assisting law
enforcement agencies in reducing the number of suspects in a particular offense. These are about
10% of the tests that are inconclusive because of drawbacks. Some tests showed positive results and
yet the subject is innocent and other tests gave negative results to a really guilty subject. Despite the
drawbacks and unreliable results, it may not be admissible in court.

1. Use of Drugs

a. Narco Synthesis or Narco Analysis – This is a deception detection method uses


anesthetic drugs like Sodium Pentothal or Sodium Amytal to get information from the
subject. The drug is injected intravenously until inhibition is released then the interrogator
asks questions. The tendency of the subject is to reveal the secrets of the crime. The use
of this method in criminal investigation is not advisable because of the following reasons.
The administration of the drug is dangerous. If not properly administered it may kill the
subject, damage the brain and spinal cord. This method of deception detection will give
unreliable results and deprive the subject of his own free will to speak.

b. Administration of truth Serum – Same as Narco Synthesis, in the test Hyoscine


Hydrobromide given hypodermically in repeated doses until a state of delirium is induced.
Statements taken from the subject while under the influence of truth serum are
involuntarily obtained hence they are not admissible as evidence.

c. Use of alcoholic beverages – the information taken from the subject while under the
influence of alcohol may be admissible if the subject can recall his statement when he
was under the influence of alcohol when confronted again.

Stimulus Association Test

In this test, the subject will be interviewed wherein a group of stimulus words, objects or
persons will be presented to the subject. He will then be instructed to answer the questions as quickly
as possible. The time interval between each relevant questions and answers were noted down as well
as the reaction of the subject to the stimulus words, objects or persons related to the crime in dispute.
The time interval and the reaction of the subject will be studied by the interrogator. A person
presumed to be guilty will usually make a mistake or will have long time interval in answering
questions. He may manifest the situation in answering critical questions and especially the weapon
used in the commission of the crime will be shown to him. There will also be inconsistencies in his
answers or responses to the stimuli.

2. Use of Hypnotism

Alteration of consciousness and concentration in which the subject manifests a heightened


state of suggestibility. The subject is under the control of the hypnotist and therefore the
information gathered is devoid the subject’s own free will and making it not admissible in
court.

V. SIGNS AND SYMPTOMS OF GUILT

A good investigator must be good observer. The emotional factor is a basis in which emotional
tension may be manifested in a variety of signs and symptoms.

1. Color change
Blushing or red color of the face indicates anger or humiliation, Pallor of the face is
indicative of tension, fear and anxiety.

2. Sweating or perspiration accompanied by flushed face indicative of anger, embarrassing or


extreme nervousness. Cold clammy perspiration is a manifestation of shock, fear and
anxiety.

3. Dryness of the mouth because reflex inhibition of the salivary gland resulting to continuous
swallowing and licking of the lips.

It may be an indication of tension and nervousness but also guilt.

4. Excessive activity of Adam’s apple on account of inhibition of salivary gland there is dryness
of the throat making the subject to swallow. This causes frequent upward and downward
movements of the Adam’s apple.

5. Fidgeting
Subject constantly moving about in the chair, crossing and uncrossing the legs,
tapping the table, rubbing the face, picking the nose and eas, biting the fingernails
and twisting the handkerchief of clothing.

6. Inability to Look Straight at the Interrogator’s Eyes


The subject avoids looking at the interrogator’s eye for fear that his guilt may be seen
at his eyes.

7. Breathing
The holding of the breath is an indication of tension especially when critical questions
were asked and then followed by a sudden, explosive and longer expiration.

8. Peculiar and Unusual Expression


The “not feeling well” and not that I remember are sometimes the remarks of the
subject probably to avoid betraying himself in the interrogation.

9. Swearing to the Truthfulness of his Assertions


A guilty subject unusually utters “I swear to God I am telling the truth”

10. Spotless Record


The subject may assert that he is a religious man and that it is not possible for him to
do anything.

Confession and Admission


Confession is an expressed acknowledgment by the accused in a criminal case the truth of
his guilt as to the crime charged.

A confession is different from admission. A confession is a declaration of the accused that he


had committed or participated in the commission of the crime and therefore a statement of guilt while
admission is a statement of fact usually applied in criminal cases which do not directly involve an
acknowledgment of guilt or criminal intent.

Kinds of Confession:

A. Extra Judicial Confession


Confession made outside the court during preliminary investigation.
1. Voluntary extra judicial confession – A confession voluntarily made outside the
court in his free will without using force, intimidation, violence, threat, promise or
reward. This confession is voluntarily and admissible in court as evidence.
2. Involuntary extra judicial – This is a confession done outside the court wherein
the accused made the statement which is not of his own free will or influenced by
other person or given as a result of force or intimidation, violence, threat, promise
or reward. This confession is not admissible in court as evidence because it is
involuntarily taken and under threat, force, intimidation reward or promise.

B. Judicial Confession
A confession made inside the court. It is conclusive and maybe considered to be a
mitigating circumstance to criminal liability.
A plea of guilty when formally offered or entered on arraignment is sufficient to
sustain a conviction of any offense even a capital one without further proof.

CHAPTER III - IDENTIFICATION OF A PERSON AND MATERIAL

Course Content:
A. Importance of Identification
B. Rule in Personal Identification
C. Points to be Considered in Identifying a Person
D. Basis for Bertillon System
E. Importance in the Study of Skeleton
F. Examination of the Skeleton
G. Scientific Methods of Identification
H. Tests for the Blood

Course learning Outcomes:


At the end of the class you should be able to:
 Understand the importance of identification
 Understand the Bertillon System
 Describe the different tests for the blood
 Enumerate the scientific methods of Identification.

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Identification – is the recognition of an individual as determine, by characteristics which


distinguish that individual from all others.

I. IMPORTANCE OF IDENTIFICATION

1. A person who had been arrested of his criminal act and that of the victim, their identities must
be established in order to prosecute the case.
2. The identities of a person who died leaving a vast of state and the person who claimed to be
the legal heir of the deceased must be established.
3. Identification relieves the anxiety of his love ones and friends of a missing or victims of
airplane crashed or shipwrecked.
4. Identification is necessary in bank transactions or entering premises.

II. RULE IN PERSONAL IDENTIFICATION

Law of Multiplicity of Evidence in Identification


The greater the number of point of similarities and dissimilarities of 2 persons compared, the
greater is the probability for the conclusion to be correct.

The following points should be taken in consideration when unknown dead body is found.

1. Place, date, time when the body was found


2. Approximate age and built and height
3. Probable cause of death and time of death
4. Complete description of body including tattoo marks
The Law of Multiplicity is a law applicable in identification which states that the greater the similarities
and dissimilarities, the greater is the probability for the conclusion to be correct.

III. POINTS TO BE CONSIDERED IN IDENTIFYING A PERSON

1. Face – it is a very important means of identifying a person. It may be oval, elongated, or


triangular. The feature of the face:
a. Caucasian – prominent sharp nose
b. Flat nose with round face among Malayan
c. Mongolian – almond eyes and prominent cheek bone
d. Negro – Thick lips, prominent eyes, black face

Facial expression or facies brought about by effects of diseases or race.

1. Hippocratic Facies – It is a facial expression of a person approaching death. Eyes sunken,


pinched nose, temple hollow, lips relaxed, livid skin.

2. Myxedema Facies – The face of a person is pole, swollen cheeks which do not pit on
pressure associated with slow speech and muscle weakness.

3. Mongolian Facies – Dull – look appearance of a person characterized by almond shape


eyes, pale complexion and prominence of cheek bones.

4. Facies Leonine – Lion face of a person suffering from leprosy with a pinched nose, enlarged
ears, prominence of orbital bones, thick lips and glistening oily face.

1. Marks of the Face.


a. Presence of birth marks, tribal marks, scars, moles and tattoo
b. Presence of pimples, pock marks, freckles and new growth
c. Presence of lines at the sides of nose and mouth

2. Eyes.
a. Size – big or small
b. Shape – slit like or almond shape
c. Color – black, brown, blue, red eyes
d. Conditions of eyelashes and eyebrows
e. Presence of abnormalities in the eyes – cross eyed, pterygium, arcus
senilis

3. Nose.
a. Size and shape – flat or pointed
b. Condition of the nasal openings

4. Head.
Size and Shape
Caucasian – elongated head
Indians and Eskimos – flat head
Malayan and Mongolian – round
5. Condition of the Hair.
a. Hair lines anterior and posterior lines
b. Absence, thin, thick, kinky hairs
c. Short and long hair

6. Ears.
a. Size – big and small
b. Shape and configuration
c. Presence of earring holes, pinched ears

7. Mouth.
a. Size – big or small mouth
b. Lips – thin or thick lips

8. Body Built.
a. Thin or skinny
b. Fat, obese or robust

9. Height – A person ceases to increase in height at the age of 25 years. As the


person grows older the height decreases due to fusion of the intervertebral discs.

The height of a person can be easily determined by using simple


instrument if the body is complete. But if some parts of the body are lacking
actual measurements may not be possible.

Some of the methods used to approximate the height

a. Measure the distance between the tips of the middle fingers of both hands
extended laterally, it will be approximates the height of the person.
b. Measure the distance from the vertex of the skull symphysis pubis multiply by
two that will be approximates the height.
c. Distance between supra sternal notch to the symphysis pubis multiply by
three that will be approximates the height.

10. Presence of Tattoo marks in the form of drawings, names and initials.

11. Gait – characteristics manner of walking

a. Cerebellar Gait – A swaying or staggering manner of walking like that of


a drunken person.
b. Cow’s Gait – A manner of walking due to knock knee like that of a cow.
c. Ataxic Gait – A gait in which the foot is raised high and forward drop
down suddenly.
d. Paretic Gait – feet and legs are held wide apart, steps are short, feet are
dragged.
e. Spastic Gait – A person walks like a robot the legs are held together and
move forward with a short steps and toes are dragged.
f. Frog Gait – Hopping Gait like that of a frog.
g. Waddling Gait – Swaying movements of the buttocks like that of a duck.

12. Teeth.
a. Natural or artificial
b. Loss of teeth – partial or complete
c. Alignment and color of the teeth
d. Condition of the gums

13. Other means that may be of help in identification


a. Clothing – design, style, texture, stains in the clothing
b. Ornaments or Jewelries – watches, rings, earrings, necklace and
bracelets
c. Personal Belongings – wallet, bag, driver’s license, calling card,
pictures and eyeglasses
d. Identification thru fingerprints and handwriting

Anthropometry – Alphonse Bertillon, a French Criminologists devised scheme using


anthropometrical measurement of the human body. The number of bones of human adult skeleton is
206.
IV. BASIS FOR BERTILLON SYSTEM

1. Human skeleton does not change after 20 years.


2. It is impossible to find two human beings having bones exactly the same.
3. Measurements can be easily taken by using simple instrument.

V. IMPORTANCE IN THE STUDY OF SKELETON

1. It can be determined whether the skeleton is human origin or not.


2. Determination of Sex
3. Determination of Race
4. Determination of Height
5. Determination of Age
6. Determination of Ante or Post Mortem Injuries
7. Determination of Duration of Interment

As a general rule, female bones are usually smaller, lighter and smoother than that of male.

VI. EXAMINATION OF THE SKELETON

Bones of the skeleton are remnants of the dead body and are very important in elucidating
legal problems. After the soft tissues disappeared and only the skeletal system remains, the study of
the bones is rather a difficult procedure especially when the bones were incomplete and only
fragments recover.

The identification of the bones by the naked eye depends on the parts recovered. The skull is
easily distinguished as belonging to human being. The structures of the bones in all mammals are
basically similar. The oval or the round shape of the skull and less prominence of the lower jaw and
nasal bone suggest that is from human remains.

The pelvis gives the best indication of sex particularly the ischium – public index. The bones
that may be examined to determine the sex. These are the pelvis skull, sternum, humerus and femur.

Differences Between Male and Female Pelvis:

Male Pelvis:
1. Heavier in construction
2. Pubic Arch – narrow and less round
3. Diameter of true pelvis is less
4. Greater sciatic notch is narrow
5. Body of the pubis is narrow
6. Obturator Foramen is egg shape
7. Sacrum is short and wide

Female Pelvis:
1. Lighter in construction
2. Pubic Arch – wider and round
3. Diameter of true pelvis is greater
4. Greater sciatic notch is wider
5. Body of the pubis is wider
6. Obturator Foramen – triangular in shape
7. Sacrum is short and wide
CHAPTER III - IDENTIFICATION OF A PERSON AND MATERIAL

Course Content:
I. Importance of Identification
J. Rule in Personal Identification
K. Points to be Considered in Identifying a Person
L. Basis for Bertillon System
M. Importance in the Study of Skeleton
N. Examination of the Skeleton
O. Scientific Methods of Identification
P. Tests for the Blood

Course learning Outcomes:


At the end of the class you should be able to:
 Understand the importance of identification
 Understand the Bertillon System
 Describe the different tests for the blood
 Enumerate the scientific methods of Identification.

---------------------------------------------------------------------------------------------------------------------

VII. SCIENTIFIC METHODS OF IDENTIFICATION

1. Dactylography - art and study of recording fingerprints.

Dactyloscopy – art of identification by comparison of fingerprints.

Poroscopy – study of pores found on the papillary ridges of the skin. Fingerprinting
considered to be the most valuable method of identification and it is universally
accepted. Fingerprints are not changeable, and it is formed on 4th month of
pregnancy.

Practical uses of Fingerprints

1. Establish the identity of a missing or unknown person.


2. Fingerprints recovered from the crime scene may associate the person or weapon.
3. Substitute for signature among illiterate written congenital anomalies in the hand.

Bibliotics – science of handwriting analysis. It is a study of documents its genuiness or authorship.

Bibliotist – a person who had acquired special knowledge of the science of handwriting or hand
writing expert of qualified questioned documents examiner.

Graphology – the study of handwriting for the purpose of determining writer’s personality, character
and aptitude.

Handwriting is a complex interaction of nerves, memory and muscular movement.

Writing is a conscious act, but in account of a repeated act it becomes habitual and unconscious.

2. Determination of Age

Importance of Age Determination

A. Classification of a person whether infant, child, adolescence, adult and old age.

B. To determine criminal liability.

Circumstances which exempt from criminal liability – Article 12, RPC.

1. Person under nine years of age


2. person over nine year of age and under fifteen years

The life of a person is divided into four periods.


1. Age absolute irresponsibility – under 9 years.
2. Age of conditional responsibility – between 9 and 15 years old.
3. Age of full responsibility – over 18 years old to 70 years old.
4. Age of full responsibility – over 9 years and under 15 years old offer activity with discernment.

C. For right of suffrage or in the exercise of political rights.

D. To determine the capacity to contract marriage.

E. An element by which contain crime are committed e.g. rape, seduction, abduction, and
infanticide.

Determination of Age of the Fetus

Rules in the Determination of Age of the Fetus

1. For fetus less than 25cms. long, find the square root of the length in centimeters and the
result in the age of the fetus in lunar month. One lunar month is equivalent to 28 days.
Example. The length of the fetus is 9cms. then the age is 3 months.

2. For fetus 25cms. long or more, divide the length of the fetus in centimeters by 5, the results
will be age in months.

Determination of Age of Childhood and Adulthood

For determination of age in childhood, the best guide is the eruption of deciduous or
temporary teeth which starts to erupt at 6 months and completed at 2 years. While the eruption of
permanent teeth in adulthood starts at 6th year and completed at 17-18 years.

Points to be Considered in Determination of Age in Adulthood

1. Appearance and growth of pubic hair, moustache and beard. Pubic hair begins to appear at
the age of 13 years in female and 14 years old in male and complete at 16-17 years.
Moustache and beard in male start to appear at 16-18 years old.

2. Enlargement of breast in females. The breast of the female starts to develop at 13-14 years
old.

3. Change of Voice – The change of voice in male and female occurs at the age of 16-18 years
old.

4. Changes in the Color of Hair – The hair usually changes its color at the age of 40 years old
from black to grey then silvery white in old age.

5. Grade or year in school or college – Children usually start schooling at 5 years old and then
enter primary school at 7 years old. Usually at 16-18 years old, the person is in first year
college.

6. Menstruation usually starts at the age of 12-13 years old.

7. Atheromatous changes in the aorta and cataract formation usually appears at 40 years old
and above.

8. Wrinkles of the skin usually appear at 40 years old and above.


Examination of the Product of Conception

1 month – ovum 1cm. long, weight is 2.5 grams eyes are seen as 2 dark spots.

2 months – ovum 4cms. long, 10 grams in weight, eyes and nose recognizable. Anus is seen as dark
spot.

3 months – length – 8cms., weight – 30 grams. Nails begin to appear. Placenta is formed sex organs
have appeared.

4 months – length 13cms., weight – 204 grams, sex can be distinguished Lanugo. Hair is visible in
the body. Fingerprints begin to appear.

5 months – length 22cms., weight – 450 grams, skin begin to be covered by Vernex Caseossa.
Dental gums appear in the mandible.

6 months – length – 30cms., weight – 1 kilogram, skin wrinkled. Hair appears at the head, Textiles lie
close to the kidneys. Eyebrows and eyelashes begin to appear.

7 months – length – 18cms., weight – 1.5kgs. eyelids open. Textiles begin to dissent into the
scrotum. Body is dark red and with hair at the scalp. The child is viable (28 weeks).

8 months – 42cms. in length, 2-2.5kgs. in weight. Skin wrinkled and flesh colored. Lanugo hair
beginning to shed. Textiles in the scrotum. Nails reach end of the fingers. Skin is red.

9 months – length – 45-50cms., weight is 3-3.5kgs., scalp covered with dark hair.

3. Identification and determination of blood

Medico-legal importance in the study of blood

a. For identification whether the blood stain is of human origin or not.

b. For blood transfusion and cross matching.

c. For disputed parentage.

d. Corroborative evidence against or in favor of the perpetrator of the crime.

e. Determination of the cause of death. The amount of blood loss without being replaced, may
imply that the cause of death is hemorrhage. Cherry red color of blood may indicate carbon
monoxide poisoning.

f. Determination of the direction of escape of the victim or assailant. Through drops of blood or
blood stain.

g. Determination of the approximate time the crime was committed. From the study of aging of
the blood spilled and blood-stained material.

The human blood is reddish liquid within the blood vessels and containing four elements such
as red blood cells, white blood cell, platelets, and plasma, which is the liquid portion.
Hemoglobin is responsible for the red color of blood a normal healthy Pilipino has about
200cc. Loss of 6 glasses means loss of life while loss of 3 glasses will cause anemia.

In medico-legal cases, the blood and the blood stained materials will be object of examination
in the crime laboratory and the pointers to consider are the following:
 Determination whether the stain is blood or not
 If blood, determination whether human blood or not
 If human blood, determination of the blood group or blood type does it belong: Blood
Group or Blood Types – A, B, AB, O
 Characteristic of the Stain and the Stained Material
o Age of the stain
o Color of the stain
o Clothing of the blood condition of the stained material
o Approximate amount of blood lost
o Nature, configuration, manner, degree and condition of the stained materials.

Age of the Stain: The aging of the stain can be estimated from its color and hemoglobin derivatives.
The red color of the blood is due to the presence of the hemoglobin in the red blood corpuscles.
Hemoglobin is the iron-containing protein of the blood and is composed of two substances:

1. Globin, a protein

2. Hematin, an organic compound of iron

The normal amount of hemoglobin for an adult individual is 14 to 17 grams for each 100 cc. of blood.
In the circulation, the hemoglobin is found in two forms under normal conditions:

1. Oxyhemoglobin – It is found in oxygenated blood which is arterial in nature.

2. Reduced Hemoglobin – It is chiefly venous blood. Arterial blood is usually bright red while
venous blood is purplish red. This variation in color depends upon the relative proportions of
the oxyhemoglobin and reduced hemoglobin in the blood. The blood of about 7 days old and
of one half month may not present differences in physical and chemical properties.

Physical examination of the Stained Material: The blood may be stained the following
materials such as clothing, wounding weapon and instrument, tires or body of the vehicles,
house flooring, pavement of streets, furniture and other objects. The stained materials maybe
carefully collected and examined. Its physical characteristics should be described as to its
nature, configuration, manner, degree and the condition of the stained materials. The amount
of blood loss maybe approximated from the surface of the stained material.

CHAPTER IV - MEDICO-LEGAL ASPECT OF DEATH

Course Content:
A. Importance of Death Determination
B. Kinds of Death
C. Signs of Death
D. Changes in the Body After Death
E. Changes in the Blood After Death
F. Basis in Estimating the Time of Death
G. Presumption of Death
H. Presumption of Survivorship

Course learning Outcomes:


At the end of the class you should be able to:
 Understand the importance of death determination
 Enumerate the kinds and signs of Death
 Determine the changes in the body and blood after death
 Understand the basis in estimating time of death

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Death – is defined as absence of life in a living matter. It is the termination of life and complete loss of
vital functions of the body. Thus upon death, the organism returns to a stable equilibrium both
physically and chemically.

In human being, the signs of life include the locomotion, respiration, circulation, brain activity
and the presence of faculty of senses. The ascertainment of death is a clinical and not a legal
problem.

In medico-legal death, it refers to the death which involves in crime or medico-legal cases to
prove or disprove that a foul play had been done.

I. IMPORTANCE OF DEATH DETERMINATION

1. Personality of a person is extinguished by death.

2. Criminal liability is extinguished by death.

3. Property of a person is transmitted to heirs or nearest of kin.

4. Basis of immediate removal of organs for transplantation.

5. Civil case for claim is dismissed.

II. KINDS OF DEATH

1. Somatic or Clinical Death

It is a complete, continuous and persistent cessation of respiration, circulation and almost all
brain functions of an organism. Ordinarily, the physician will discharge his duty if he listens with a
stethoscope for signs of breathing or beating of the heart intermittently for half a minute interval
throughout a period of 10-15 minutes as well as examining the eyes by a flashlight will show the pupil
assumes a mid-position and dilated and the disappearance of the corneal and light reflexes.

The immediate signs of death in a person are sudden cessation of upward and downward
movements of the chest and the process of respiration, sudden appearance of pale color of the face
and lips, the heart and pulse rate stop, jaw drops down and flaccidity of the muscles occurs pupils
dilated and loss of corneal and light reflexes.

Clinical Types of Death

A. Sociological Death – type of death wherein the withdrawal and separation from the
patient by others producing a sense of isolation and abandonment. Sociologic death can last
for years of patient is abandoned by the family, unvisited and let alone to die.

B. Psychic Death – the condition of death wherein the patient regresses, gives up or
surrenders accepting death prematurely and refuses to continue living.

C. Biologic Death – type of death characterized by the absence of cognitive function or


awareness, although artificial support system may maintain organs functioning.

D. Physiologic Death – type of death when all vital organs cease to function.
2. Molecular Death or Cellular Death

It is the cessation of life of the individual cells in the body which occurs one at a time after
somatic death. Nerve and brain cells die earlier about 5 minutes after somatic death while muscle
cells live longer until the onset of rigor mortis which is about 2-6 hours.

3. Apparent Death or State of Suspended Animation

It is a state of temporary cessation of vital activities of the body. This condition is not actually
death although classified under the kinds of death because the person is still alive although it seems
that there are no signs of life. Apparent death may be seen in diseases or conditions like uremia,
hysteria, drowning and electrocution and sometimes in newborn infants.

III. SIGNS OF DEATH

Answer to the following questions must be obtained in any case of death which is the subject
of an official investigation.

These questions are:

1. Is the body dead?

2. How long has the body been dead?

3. What is the cause of death?

External Signs of Death

The most useful signs of death are those which can be detected by the external examination
of the body.

1. Loss of power to move and insensibility of the body as determined by visual inspection the
central nervous system consist of the brain and spinal cord is the seat of all the faculties of
senses and the power of locomotion.

2. Stoppage of Respiration.

A person can hold his breath not longer than 3 ½ minutes.

A. Upward and downward movements of the chest and abdomen must be observed.

B. Palpitation of the respiratory movement.

C. Examination with the aid of stethoscope. Flow of air can be heard if there is
respiration.

D. Mirror Test. Dimming of the mirror due to condensation if respiration is present.

E. Placing of a feather of cotton fiber in the nostrils and mouth. If there is movement
then respiration is present.
F. Place a glass of water at the chest region. If there is movement of water, then
respiration is present.

G. Winslow Test – There is stoppage of respiration if there is no movement of the


reflected image on the water on the chest of a person lying on his back.

3. Stoppage of Heart Action and Circulation

If there is no heart action for a period of 5-10 minutes, death is considered certain. Upon
death, the heart stops beating in a persistent and continuous which cannot be revived by cardiac
massage of five minutes. In case of decapitation and judicial hanging, the heartbeat persists for 15
minutes – 1 hour.

Methods of Detecting Stoppage of Heart Action and Circulation

A. Heart Action

1. Palpation of the heart

2. Auscultation with the aid of stethoscope

3. Fluoroscopic examination

4. Electro Cardiogram

B. Examination of the Peripheral Circulation

1. Magnus Test – ligature is tied around the finger, blood zone at the site of
application and livid area dental to the ligature.

2. Palpation of the radial pulse, carotid pulse and femoral pulse

3. Icard’s Test – Subcutaneous injection of the fluorescin eye. The skin will exhibit
yellowish green discoloration of the living skin.

4. Reddish color of the web of the fingers when the hand is placed against a sharp
light. This test is called diaphanous tests.

4. Loss of Body Heat Resulting to Cooling of the Body (ALGOR MORTIS)

When life is extinct and heat production in the body stops and its temperature is lowered
gradually to that of the surroundings. The lowering of the body temperature is one of the earliest signs
of death. The rate of fall of the body temperature is most rapid in the first four hours after death until it
reaches the temperature of the surroundings beyond 12 hours. The normal body temperature in a
living person is 37°C or 98.3°F but upon death, the temperature gradually decreases. The fall of 15°F
to 20°F is considered as death of the body.

5. Change in the eyes


Upon death, when the eyes are open, the person stares without movement of the eyes in any
direction. Further examination will reveal the following changes in the eyes.

A. Loss of corneal and Light Reflexes – The cornea will not have a reaction of winking the
eyes of contraction of the pupil when touched or stimulated by means of light.

B. Haziness or Clouding of the Cornea – A white patch maybe seen at the cornea when the
eyes are exposed to dry atmosphere after death.

C. Fixation of the Pupil – The pupil will be fixed and dilated.

D. Flaccidity of the Eyeball – Inter ocular tension falls to zero because of less of muscle
tone.

E. “Tache noir Sclerotique” – described by Sommer in 1833 in a brownish triangular spot in


the Sclera.

6. Changes in the Skin

A. Change of Color – Upon death, the skin of the face, lips and body become pale and waxy.

B. Loss of the elasticity of the Skin.

C. Absence of Reaction to Injury – Application of heat will not produce blisters.

IV. CHANGES IN THE BODY AFTER DEATH

The changes that occurred in the body at the time of death or within the next few minutes or
hours are very important to be used in determining that death has taken place in a person.

Stages of Muscular Change

A. Stage of Primary Flaccidity

It is the stage of muscular change upon death characterized the relaxation of muscles and
loss of their natural tone so the jaw or head drops down, the thorax collapses and the limbs becomes
flaccid and the splinters relax. This is the reason why the dead person may still urinate, defecate or
excrete waste product of metabolism through pores in the skin. When muscles are subjected to
mechanical or electrical stimuli, the muscles will contract owing to the presence of life of the individual
cells. This stage lasts for 4-3 hours after death.

B. Stage of Post Mortem Rigidity or Rigor Mortis

The whole body becomes rigid due to contraction of the muscles. This develops 3-4 hours
after death and may lasts for 18-36 hours. The stiffness which develops in the muscles of the body
after death depends upon post mortem chemical changes affecting the glycogen and constituents of
the muscle cytoplasm. For a short time after death. The reaction of the muscle protoplasm is alkaline
and as long as this condition endures the skeletal muscle remains flexible. In most cases, the reaction
changes form alkaline to acid from 2-6 hours post mortem because of the conversion of glycogen and
other substances to sarcolactic and phosphoric acids. Rigidity then begins to develop in the muscles
of the face, jaw, upper extremities, trunk and lower extremities. The process is completed in 2-6
hours. This stiffness lasts from 12-36 hours.

Conditions Simulating Rigor Mortis

1. Heat Stiffening – A condition characterized by hardening f the muscles due to coagulation


of muscle proteins when the dead body is exposed to intense heat as by burning or
immersion in a hot liquid.

2. Cold Stiffening – A condition characterized by hardening of the muscles due to


solidification of fats, muscles and fluid when the dead body is exposed to extremely cold
temperature.

3. Cadaveric Spasms or Spontaneous Rigidity – It is the instant stiffening of a certain


group of muscles which occurs immediately at the moment of death, although its cause is
unknown, it is associated with violent death due to extreme nervous tension, and injury to the
central nervous system.

C. Stage of Secondary Flaccidity

A muscular change characterized by the softness and flaccidity of the muscles in which no
longer responses to electrical or mechanical stimuli due to dissolution of the muscle proteins that have
been previously coagulated during the stage of rigor mortis. This stage is the onset of putrefaction.

Putrefaction – It is the process of dissolution of tissues by the digestive action of its enzymes
and bacteria that results to softening and liquefaction of tissues are usually accompanied by
the liberation of foul smelling gases and change of color of the tissues. Some authorities
defined putrefaction as the breaking down of complex proteins, carbohydrates, vitamins and
minerals to simpler components by the action of its enzymes and bacteria resulting to
softening and liquefaction, liberation of putrid gases and change in the color of tissues.

The flies will be attracted to the dead body during putrefaction and sipped the juicy portion of
the tissues. The egg will hatch within 24 hours and form maggots and which again feed vigorously on
damaged tissues. Other destructive agents in decomposition are the rodents, lizards, snakes,
vultures, ants and dogs. Fishes and aquatic mammals when dead body is in water.

Sequence of Events in Putrefaction of Dead Body in Tropical Country

After 1 – 2 days (24 – 48 hours)

Rigor mortis absent, putrefaction changes, muscles soft and flaccid. Greenish discoloration
over the abdomen. Some veins beneath the skin seen as interlacing purplish brown network over the
shoulder, chest and abdomen known as marbolization.

3rd day (72 hours)

Abdomen distended with gases, trunk bloated, hair and nails loosened from its attachment.
Blister formation and blebs. Face grossly swollen and discolored. Maggots seen.

1 week (7 days)

Further bloating of the body and discoloration of the skin. Bursting of blisters and denudation
of the skin. Soft tissues continue to putrefy.
2 weeks (14 days)

Detachment of the hairs and nails from its attachment. Bursting of the thorax and abdomen.
Further dissolution of more resistant viscera.

1 month – Body completely skeletonized

The speed in which process of destruction occurs depends on whether the body is decaying
in air, water or under the earth. The process more rapid in the air than in the other 2 media expressed
by the old formula which states that 1 week in the air equivalent to two weeks in the water or 8 weeks
in the soil.

3 Special Forms of Putrefaction

A. Mummification

A condition where is removal of the body fluid before decomposition sets in that resulted to
sinking and preservation of the body.

Natural Mummification – The dead only is buried or exposed to a dry, hot sandy soil with considerable
air movement. While artificial mummification or embalming is a form which preserves the dead body
by the addition of some chemicals like formalin, alcohol, phenol, mercury and arsenic and covering
the skin with plaster of Paris.

B. Saponification or Adipocere Formation

It is a formation of a soft, friable and brownish white greasy substance. This substance is
called adipocere and formed by the post mortem hydrolysis and dehydrogenation of the body fats.
Adipocere is a soapy or waxy material, rancid in smell, dissolves in alcohol and ether when burned
produces yellow flame.

C. Maceration

It is a condition of the dead body usually the fetus characterized by softening and
discoloration of tissues as well as formation of blisters in the skin due to action of autolytic and
proteolytic enzymes in the absence of putrefactive bacteria.

V. CHANGES IN THE BLOOD AFTER DEATH

A. Change of Color

After death, the heart stops beating followed by stoppage of circulation. The stasis in the
circulation will drain the blood from the capillaries and veins to accumulate in the most dependent
portions in the body due to pull of gravity producing discoloration in those areas not subjected to
pressure.

Post Mortem Lividity or Livor Mortis

A discoloration of the body after death when blood tends to pool in the blood vessels of the
most dependent portions of the body which appears 20-30 minute after death and complete in about
12 hours. The usual color is dull red or reddish purple with some bluish black peterbiae due to rupture
of small engorged capillaries.

Importance of Livor Mortis


1. One of the signs of death

2. Determines the protein maintains by the body after death

VI. BASIS IN ESTIMATING THE TIME OF DEATH

1. General Physical Changes – a warm supple of body with moist, transparent cornea and moist lips
as well as the absence of post mortem lividity is a condition of recent death.

2. Post Mortem Lividity or Livor Mortis – The onset of post mortem lividity is 20 – 30 minutes and
complete in about 12 hours.

3. Post Mortem Rigidity or Rigor Mortis – Onset is 3-4 hours after death completed in about 12
hours. May lasts 24-36 hours in tropical countries.

4. Onset and Stage of Decomposition – In tropical countries, the onset of decomposition is 1-2 days
after death and skeletonized in a month’s time.

5. Life Cycle of Flies – The egg or ova laid on dead bodies will hatch to form maggots within 24
hours. The maggots will feed vigorously on the damaged dead bodies, then transform into pupal stage
and finally into adult flies within a few days.

6. Change in the Body Temperature – Upon death, body temperature decreases gradually until it
reaches the temperature of the environment. The rate of fall of the temperature is from 15°F to 20°F is
considered as a sign of death.

7. Changes in the blood – The blood remains fluid in the body after death for 6 – 9 hours.

8. Changes in the Stomach – It is usually takes 3 – 4 hours for the stomach to empty its contents
after meals.

9. Changes in the Hair – The rate of growth of hair loss has been estimated from 0.4 mm – 0.5 mm /
day.

10. Changes in the Urinary Bladder – The amount of urine in the bladder may indicate the time of
death when taken into consideration the time when a person urinates or evacuates his urinary
bladder.

11. States of Clothing – If the dead person is well dressed, it is more likely that death occurs at day
time, but if wearing pajamas of nightgowns, it is possible that death occurs at night and probably at
home.

12. Presence or Absence of Fleas in the Clothing of dead Person in Water – If fleas in the
clothing of a drowned person are still alive, then the person has been in water less than 24 hours.
Survival of the fleas is not possible if they are in the water for more than 24 hours.

VII. PRESUMPTION OF DEATH

Disputable Presumption – Rules of court Sec. 96 Rule 123, that a person not heard, seen, or absent
for seven years is dead.

A person on board a vessel who was lost during sea voyage or an airplane which is missing who had
not been heard for 4 years.

A person in the military or armed forces who has taken part in war and has been missing for 4 years.
A person who has been in danger of death under other circumstances and his existence has not been
known for 4 years.

VIII. PRESUMPTION OF SURVIVORSHIP

The presumption of survivorship of persons as to who died first can be interred from the strength, age,
sex of the person concerned.

 If both were under the age of 15 years, the elder is presumed to have survived.
 If both were above the age of 60, the younger is presumed to have survived.
 If one is under 15 and the other above 60 years old, the former is presumed to have survived.
 If both be over 15 and under 16 years old and the sexes is different, the male is presumed to
have survived, if the sexes be the same, then the older is presumed to have survived.
 If one be under 15 or over 60 years old and the other between those ages, the latter is
presumed to have survived.

CHAPTER V - CAUSES OF DEATH

Course Content:
A. Classification as to the Cause of Death
B. Classification of Physical Injuries

Course learning Outcomes:


At the end of the class you should be able to:

 Identify the different causes of death


 Enumerate the classification of physical injuries

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I. CLASSIFICATION AS TO THE CAUSE OF DEATH

It may be:

A. Natural Death – It is death that occurs due to a disease or ailment in the body. The
disease may occur spontaneously or it might have been consequence of the physical injury
inflicted prior to its development. The termination of life comes quickly and unexpectedly or
delayed due to lingering illness. Sudden death is the termination of life whose arrival is not
expected. A good example of this and it is frequently observed among males, from 18 years
old up to 35 years old and very common among low income group called Sudden Unexpected
Nocturnal Death (SUND) commonly called “Bangungot”.

B. Violent Death – It is death due to injuries by some forms of outside force wherein the
physical injuries inflicted is the proximate cause of death.

II. CLASSIFICATION OF PHYSICAL INJURIES

1. Physical Injury – use of physical force


2. Thermal Injury – caused by heat or cold
3. Electrical Injury – death caused by electrical energy
4. Atmospheric Injury – death or injury caused by change in atmosphere pressure
5. Chemical Injury – death or injury caused by chemicals
6. Radiation – death or injury caused by radioactive substances

Under violent death we have the following:


1. Accidental Death – due to misadventure and outside our will.
2. Negligent Death – death due to reckless imprudence, negligence, lack of skill or lack of
foresight.

3. Infanticidal Death – death due to killing of infant less than 3 days old.

4. Parricidal Death – It is death due to killing of one’s relative. Any person who shall kill his
father, mother or child whether legitimate or illegitimate or any of his ascendants or
descendants or his spouse shall be guilty of parricide and shall be punished by a penalty
ranging from reclusion perpectua to death.

5. Homicidal Death – Homicide is the killing of another person with intent but without
justification.

6. Murder – It is the unlawful killing of another person committed with any of the following
attendant circumstances.

A. With treachery taking advantage of superior strength, with the aid of armed men or
employing means to weaken the defense or of means of person to insure or afford
impunity.

B. In consideration of a price, money, reward or promise.

C. With evident premeditation.

D. With extreme cruelty by deliberately augmenting the suffering of the victim.

7. Euthanasia or Mercy Killing – It is a willful acceleration of death of a person in order to


lessen his sufferings. There are instances wherein a person suffering from a hopeless
incurable disease, ailment or condition will be placed to death to lessen his sufferings and for
financial reason as agreed by the physician and relatives concerned. In some countries,
mercy killing is against the law for reason that everyone has the right to live.

8. Suicidal Death – It is death due to killing or destruction of one’s self. A person who
commits suicide but was not consummated is not penalized by law but a person who assists
another person to commit suicide is punishable by law.

CHAPTER VI - SPECIAL DEATHS

Course Content:
A. Deaths under Special Circumstances
B. Methods of Judicial Death
C. Death from Starvation

Course learning Outcomes:


At the end of the class you should be able to:

 Gain a basic understanding of deaths under special circumstances


 Describe the death from starvation
 Enumerate the different methods of Judicial death
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I. DEATHS UNDER SPECIAL CIRCUMSTANCES

A. Death caused, tumultuous affray as in riot. The identity of the killer is not known.

B. Death under exceptional circumstances. Any legally married person who, having surprise
his spouse in the act of committing sexual intercourse with another person, shall kill any of
them or both shall suffer the penalty of “distierro”.

II. METHODS OF JUDICIAL DEATH

A. Death by Electrocution – using 1,500 volts

B. Death by Lethal Injection – the lethal drug is injected intravenously

C. Death Musketry or Firing Squad

D. Death by Gas Chamber

E. Death by Hanging

F. Death by Decapitation

Death from Starvation

Starvation is the deprivation of a regular and constant supply of food and water.

Causes of Starvation

1. Accidental – Marooned in an island, where there is scarcity or no supply of food and


water, as in airplane accident or trapped in a miner’s camp.

2. Homicidal – Intentional and deliberate deprivation of food and water.

3. Suicidal – as in the case of hunger strike.

A person cannot survive for more than 10 days without food and water but with water alone, a
person can survive for 50 days.

CHAPTER IX – GUNSHOT AND SHRAPNEL WOUNDS

Course Content:

A. Types of Firearm
B. Characteristics of the Wound of Entrance
C. Characteristics of Wound of Exit
D. Characteristics between Gunshot Wound of Entrance and Exit
E. Determination Whether the Gunshot wound is Suicidal, Homicidal or
Accidental
F. Shotgun Wound
G. Wounds from Explosion of Explosive Materials like Dynamite and Bombs.
Course learning Outcomes:
At the end of the learning period, the students must be able to:

 Enumerate the different types of firearm


 Determine the different characteristics of Wound of Entrance and Exit
 Understand the difference of Suicidal, Homicidal, and Accidental Gunshot
wound
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GUNSHOT AND SHRAPNEL WOUNDS

Is an open wound brought about by the penetrating power of the projectile


propelled by the expansive force of the burning gunpowder in the cartridge shell,
shrapnel and fragments of high velocity after detonation of high explosives like
grenades and bombs.

Firearm – is an instrument used for the propulsion of a projectile by the


expansive force of gases coming from the burning gunpowder.

I. Types of Firearm

1. Revolver – has cylindrical magazine capable of revolving action. It is a low


velocity firearm with muzzle velocity of 600ft. / sec.
2. Automatic Pistol – self loading firearm with muzzle velocity of 1,200 ft. /
sec. classified as low velocity firearm.
3. Rifle – with long barrel and butt with muzzle velocity of 2,500 ft. / sec. and
a range of 3,000 feet classified as high velocity firearm.
4. Shot Gun – the projectile is the collection of pellets or shorts and without
predetermined directions.

Gunshot wounds of entrance and exit are the subject of meticulous


examination by the medical examiner. Its characteristics and appearance are
influence by the following factors.

1. Kind of weapon
2. Caliber of weapon
3. Shape and composition of the missile
4. Range of fire
5. Direction of fire
6. Parts of the body involved
II. Characteristics of the wound of entrance

1. In general, the size of the wound of entrance is usually smaller the missile
owing to retraction the skin. The shape may be oval or circular. The edge of
the wound is inverted with contusion collar or abrasion collar around the
wound of entrance.
2. In contact or close range fire, there is burning of the skin and singeing of hair
due to flame and gunpowder tattooing.

A. Contract Fire – the wound of entrance bursted due to sudden release


of the expanded gas. There is burning of the tissues around the wound
of entrance because it is within the flame zone. There is soot, smoke
and smudging. These are here by product of the complete combustion
of the gunpowder deposited around the wound of entrance. Presence
of smudging at the wound of entrance indicates a near shot. Unburned
and partially burned gunpowder is responsible for tattooing, stripping or
peppering around the wound of entrance. It becomes lesser and lesser
until it disappears beyond the distance of 24 inches.

B. Near Contact Up to 6 Inches Distance – there is bursting of tissues,


burning and blackening the skin as in contact fire but the particles of
the gunpowder are present not only the inside but as well as around
the wound may be lacerated, stellate or slit-like and the size is larger
than the diameter of the missile.

C. Distance Above 6 Inches Up to 24 Inches and beyond – the size of


wound gradually approximates the size of the missile. As the distance
from the target becomes farther, the burning, blackening of tissues,
gunpowder tattooing or stippling and singeing of hair becomes lesser
and lesser until it disappears beyond the 24 inches distance.

III. Characteristics of Wound of Exit

 Usually the size larger than the missile.


 It has no definite shape.
 The edge of the wound is averted.
 Sometimes flaps the skin and tissues are seen protruding from the wound.

IV. Characteristics between Gunshot Wound of Entrance and Exit

1. The size of the wound of entrance – is smaller than the missile while the
exit wound is bigger than the missile.
2. Edge of the Exit – the entrance wound is inverted while the exit wound is
averted.
3. Shape of the Wound – the entrance wound is round or oval while the exit
wound has no definite shape.
4. Contussion Colar – present in the entry wound while absent in exit wound.
5. Gunpowder Tattooing – present in contact or near contact fire while absent
in exit wound.
6. Paraffin Test – positive in the wound of entrance in contact and near contact
fire, negative in exit wounds.

V. Determination Whether the Gunshot wound is Suicidal, Homicidal or


Accidental

A. Evidence to Prove that the Gunshot wound is Suicidal.

1. Parts of the body involved are accessible to the hands of the victim.
2. There is usually one gunshot wound.
3. Presence of suicidal note.
4. Usually the distance is near or close range.
5. History of frustration.
6. Drug dependency.

B. Evidences that the Gunshot wound is Homicidal.

1. Wound is located in any parts of the body.


2. The victim is usually at a certain distance from the assailant.
3. Signs of struggle or defense wound may be present of the part of
the victim.
4. Wounding weapon usually not found at the crime scene.
5. There may be disturbance in the surrounding.

C. Evidences that Gunshot wound is Accidental.

1. There is usually one gunshot wound.


2. Wound is located in any parts of the body.
3. Testimony of the witness.

VI. Shotgun Wound

It is an open wound produced by the penetration of pellets or shots which


usually lodged inside the body.

Characteristics of the Shotgun Wound of Entrance.


A. Contact Fire – the wound of entrance is irregular with
bursting the tissues due to the heated and expanded gases
with accompanying flame. There is singeing of hair
presence of wads as well as particles of gunpowder inside
the wound of entrance.

B. Near Shot Up to 6 Inches Fire – there is marked


laceration of the skin and distinction of tissues due to the
presence of explosion. The burning is marked on the
surface of the skin and particles of gunpowder are present
inside and around the wound of entrance. There is singeing
of the hair as well as pieces of wads inside and outside the
wound of entrance.

C. Distance About 1 Yard – the pellets penetrate the tissues


as one mass with irregular edges at the wound of entrance.
There is also blackening of tissues with slight burning,
singeing and tattooing.

D. Distance About 2-3 Yards – the wound of entrance has a


big central hole with ragged edges. There is no blackening
or burning of the skin, singeing and tattooing.

E. Distance at 4 Yards – Small group of pellets may


penetrate the tissues.

VII. Wounds from Explosion of Explosive Materials like Dynamite and Bombs.

The explosive materials may be covered by soft materials such as pieces of


papers, cartoons, aluminum foils as exemplified in dynamite and big fore crackers
while other explosive materials are covered by metal as exemplified by grenades,
bombs, mines, anti aircraft and said missiles.

The following Injuries Occur from the explosion of Explosive Materials.

1. Blast Wave Injury – when the explosion occurs, it causes sudden increase of
atmospheric pressure followed by sudden decrease. This compression –
decompression effect will be relayed in the atmosphere producing destruction,
distortion and bursting of tissues especially the interval organs causing
hemorrhage.
2. Burns from Flame and Heated Gases – the explosion of the powder will
produce flame and heated expanded gases.
3. Poison by Inhalation of Carbon Carbon Monoxide, Nitrous and Nitric
Gases, Hydrogen Sulfide and Sulfur Dioxide – the explosion cause
liberation of poisonous gases which when inhaled in sufficient amount will
produce gas poisoning or asphyxia.
4. Direct Injury from the Flying Missile – the detonation of high explosive
especially whose with metal covering will cause fragmentation of metal in the
form of shrapnels.

The “odd and even rule” in gunshot wounds

If the number of gunshot wounds of entrance and exit found in the body of the
victim is even, the presumption is that no bullet is lodged in the body but if the
number of gunshot wounds entrance and exit is odd, the presumption is that one or
more bullets might have lodged in the body.

No Gunshot wound of Exit but the Bullet is not found in the body of the Victim.

1. Bullet lodged in the gastro intestine tract and expelled thrown the bowel.
2. Near contact with blank Cartridge of wound of entrance but no slug recovered.
3. Bullet may enter the wound of entrance and upper hitting the bone, the course
is deflecting to have the wound of entrance as wound of exit.

CHAPTER X – INJURIES AND DEATHS DUE TO EXTREME OF


TEMPERATURES

Course Content:

A. Effect of Cold Temperature


B. Local Effects of Cold Temperature
C. Effects of Heat in the Body
D. Local Effects of Heat
E. Classification of Burns
Course learning Outcomes:
At the end of the learning period, the students must be able to:

 Identify the different effects of cold temperature and heat


 Enumerate the classification of Burns
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INJURIES OR DEATH DUE TO EXTREMES OF TEMPERATURE

Thermal injuries are those caused when the body is exposed to an increase
or decrease of environmental temperature.

I. Effect of Cold Temperature

When the body is exposed to cold or freezing temperature, the dissociation


power of oxygen from hemoglobin will become less thus diminishing the tissues to
utilize the oxygen prolonged exposure may cause necrosis and gangrene of the
tissues. The degree of damage depends upon the decrease in temperature, duration
of exposure, vitality of his tissues involved, sex and condition of the body.

A short exposure to freezing temperature is dangerous to the body than a


long cold dry air. The children and old persons are easily injured by cold temperature
because the thermo-regulating centers in children are not yet fully developed while in
older persons, the thermo-regulating centers are deteriorated. Woman is more
resistant to cold temperature than man due to greater deposits of subcutaneous fats.
Extreme fatigue, malnutrition, alcoholism, and previous illness are prone to the
effects of cold temperature.

II. Local Effects of Cold Temperature

1. Frostbite – Expose of the certain parts of the body to cold temperature


producing mechanical description of the cell structure characterized by
diminished body temperature, cold stiffening and pallor which later lead to
swelling thrombosis, necrosis and gangrene of his affected tissues.
2. Trench Foot – A condition usually seen among those walking over the snow
wherein the foot is exposed to freezing to temperature characterized by cold
stiffening, muscle cramps, necrosis and gangrene of the foot.
3. Immersion Foot – A sub variety of trench foot wherein the foot is submerged
into cold freezing liquid characterized by decreased body temperature, cold
stiffening, muscle cramp, necrosis and gangrene.

III. Effects of Heat in the Body

Heat is a form of kinetic energy transferable from one body to another.

Specific Heat – is the number of calories required to raise the temperature of one
gram of a particular substance with a temperature of one degree centigrade.
Sensible Heat – is the heat which when absorbed by the body produces a rise
temperature.

Generalized or systematic Effects of Heat

1. Heat Cramps – is a painful contraction of the skeletal muscles due to


dehydration and loss of sodium chloride to excessive sweating.
2. Heat Exhaustion (Heat Collapse) – it is a physiologic breakdown following
exposure to heat precipitated by exertion and warm clothing characterized by
peripheral vasomotor collapse, faintness, palpitation nausea vomiting,
syncope, dizziness and headache. The victim dies of heart failure.
3. Heat Stroke (Sunstroke) – breaking down in sweating mechanism usually
seen among workers working in warm environment or direct exposure to
sunlight manifested by elevation of body temperature, mental confusion,
injuries to central nervous system, congestion and hemorrhages in various
organ.

IV. Local Effects of Heat

1. Scald – burn due to contact with a hot or boiling liquid characterized by


redness, pain and blister formation. The injury in scolds depends upon the
temperature of the liquid, duration of contact, underlying clothing and the
tissues involved. Boiling fat, cooking oils, boiling syrup will cause more severe
burning than water because if their higher boiling points.
2. Burns – it is the injury due to application of physical heat in any form to the
body and is characterized by redness, heat coagulation of tissues to actual
charring. The effects of burns to the body is influenced by the intensity of
heat, duration of contact, tissues involved, age, sex and accompanying
complications.

V. Classification of Burns

A. First Degree – it is a burn which involves the superficial layer of the


skin characterized by redness and lain, e.g. sunburn.
B. Second Degree Burn – it is a burn which involves the superficial layer
of the tissues and skin and nerve endings characterized by blisters
formation. This is the most painful burn because of irritation of nerve
endings.
C. Third Degree – it is a burn involving the skin, nerve, kuscles and
bones which is usually met in victims of conflagrations. This is the most
severe burn because the victim usually dies from loss of fluid and
electrolytes and massive infection.
CHAPTER XI – INJURIES AND DEATHS DUE TO ELECTRICITY

Course learning Outcomes:


At the end of the learning period, the students must be able to:

 Understand the Injuries and deaths due to electricity


----------------------------------------------------------------------------------------------------------------
-----

The main cause of death from electricity is shock. The electrocution is divided
into three groups according to voltage.

1.Domestic Voltage – this is the voltage of domestic line which varies from
country to country. Standard domestic voltage in the U.S.A is 110 volts at 60 cycle of
alternating current. In the Philippines it is 220 volts at 50 cycles of alternating current.

2. Industrial Voltage – in industry, lower voltage instruments are used for


hand operated tools but sometimes very high voltage are used driving heavy
electrical machinery such as trains and voltage up to 200,000 volts are employed in
electric grid network.

3. Lightning – it is an electrical charge of enormous potential passing from


the atmosphere usually occurring during thunder storm. It is about 1,500 million volts
and 2,000 amperes. The effects of lightning are due to both the passage of very high
potential electricity producing electrical burns or death and to the blasting effect of
the rapidly expanding air producing laceration and distoration of body parts. Deaths
from lightning are not common and purely accidental.

CHAPTER XII – INJURIES AND DEATHS DUE TO EXPOSURE TO EXTREMES IN


ATMOSPHERIC PRESSURE
Course learning Outcomes:
At the end of the learning period, the students must be able to:

 Understand the Injuries and deaths due to exposure to extremes in


atmospheric pressure
----------------------------------------------------------------------------------------------------------------
-----

A. Effects of increased pressure. (Caisson’s Disease) The normal


atmospheric pressure at sea level is 760 mm/Hg. which is conducive to life
and health. When a person goes several feet or fathoms under water
pressure becomes greater. The gases in the body such as oxygen, carbon
dioxide and nitrogen will accumulate and liberated in the circulation blocking
small caliber blood vessels. Gas bubbles block the blood vessels producing
injury to the distal part supplied by blood and this is called air embolism. This
condition is further accelerated when a person under water goes abruptly from
increased pressure to normal pressure environment. The post mortem finding
show gas bubbles in different organs.

B. Effects of decrease atmospheric pressure as a person go higher and


higher in the atmosphere the pressure becomes lesser and lesser.

1. Mountain Sickness – it is a condition usually seen among mountain


climbers. When exposed in high altitude, the atmospheric pressure is
diminished resulting to reduction in the combining power of his
hemoglobin in the blood and oxygen.

2. Airplane and Aircraft Facilities – in airplane travel, the most


dangerous part occurs during take offs and landing. Injuries or deaths
due to radiation from radioactive substances may be in the form of
alpha, beta and gamma rays. The most dangerous ray which is
deleterious to life and health is the gamma ray, which has a high
energy, high penetrating power and destructive to tissues. It can
absorbed by the body inhalation, ingestion, skin absorption and
therapeutic injection.
CHAPTER XIII – DEATHS FROM ASPHYXIA
Course Content:

A. Stages of Asphyxial Death

Course learning Outcomes:


At the end of the learning period, the students must be able to:

 Define the Death from Asphyxia


 Enumerate the Stages of Asphyxial Death
----------------------------------------------------------------------------------------------------------------
-----

ASPHYXIA
Asphyxia is a condition wherein there is interference in the process of respiration
resulting to impairment of normal exchange of respiratory gases. Whereby the
supply of oxygen to the blood and tissues has been reduced below the normal level.

Stages and Asphyxial Death.


1. Dyspneic Stage – Due to lack of oxygen and retention of carbon dioxide,
breathing becomes rapid and deep. Blood pressure is elevated and pulse rate
increased. There is cyanosis in the lips, face and finger nail beds.
2. Convulsive Stage – Retention of carbon dioxide stimulates the central
nervous system. Cyanosis becomes more marked. Eyes become starring and
pupils dilated.
3. Apneic Stage – There is paralysis of the respiratory center. The breathing
becomes shallow, slow and gasping. The victim dies of heart failure.

CLASSIFICATIONS OF ASPHYXIA
I – Asphyxia by Hanging
 Is a form of violent death wherein the body is suspended by a ligature
encircled around the neck. It may be complete hanging whereby the feet do
not touch the floor and incomplete habging when the victim is in sitting,
kneeling and lying positions. Pressure by the ligature is present in front or in
the side of the neck causing the air passages to constrict and compression of
the carotid arteries reduces the blood supply to the brain causing cerebral
anoxia. The ligature marks on the neck follows the portion of the noose at the
point of suspension where it is usually interrupted or shows an irregular mark
of a knot. At first, it is pale but later on becomes brown and parchment like in
consistency. The skin at the sight of the ligature mark is abraded. The head is
elongated and stretched with the head inclined opposite the knot. Eyes
partially open in the dilated pupils. Pallor of the face with swelling saliva
dribbled from the sides of the mouth with bluish lips. The hands are clinched
firmly and purple color finger nails. There is spontaneous urination or
defecation due to loss sphincter tones. There is erection or semi erection of
his penis with ejaculation. Post mortem lividity with petechial hemorrhages are
marked in the lower extremities. There is congestion of the internal organs.
There is sub pleural and sub pericardial hemorrhages called tardieu spots.

Evidence to Support Homicidal Hanging


1. Signs of struggle in the clothing and surroundings.
2. Presence of bodily injuries on the victim.
3. Presence of defense wounds on the body of the victim.
Evidence to Support Suicidal Hanging
1. No signs of struggle
2. History of previous ineffective suicidal attempts
3. Presence of suicidal notes
4. History of reverses in life, loss of loved ones, failure in jobs and love

II – Asphyxia by Strangulation
 Is produced by compression of his neck by trying to ligature around the neck
and the two ends pulled in the opposite direction in such manner to tighten the
ligature.
CAUSES OF DEATH IN LIGATURE STRANGULATION
1. Asphyxia due to occlusion of trachea.
2. Cerebral anoxia due to compression of cerebral arteries.
3. Inhibition of his respiratory center due to pressure on vagus and sympathetic
Manual Strangulation or Throttling
It is a form of strangulation whereby the hands are used in applying pressure to the
beck and obstructing the air passages causing asphyxial death. It is homicidal and
the assailant is either in front, at the side or back of the victim while applying
pressure over the neck, one or both hands may be used.
Special Form of Strangulation
1. Palmar Strangulation – form of strangulation wherein palms of the hand are
used in applying pressure over the neck while the assailant is either in front or
at the back of the victim.
2. Garroting – form of strangulation wherein a metal collar or strap is placed
around the neck and tighten to compress the neck.
3. Mugging – form of strangulation wherein the assailant stands at the back of
the victim and forearm is applied in front of the neck.
4. Compression of the Neck with a Stick, Rod or Pipe – This is a form of
strangulation wherein a piece of pipe, rod or stick is used in applying pressure
over the neck and the assailant is either in front or at the back of the victim.
III. Asphyxia by Suffocation - is exclusion of air from lungs by closure of air
openings or obstruction of air passages from the external openings.
1. Smothering – caused by closing of the external respiratory orifices (mouth
and nostrils) either by the use of hands, cloth, pillow or linen.
Over laying – most common accidental smothering in children suffocated
either from beddings or pillows.
Gagging – application of materials usually handkerchief, linen other clothing
material through the mouth and nostrils.
Plastic Bag Suffocation – used of plastic bag, common among children.
2. Choking – form of suffocation brought about by the impaction of the foreign
body, food or blood clots in the respiratory passages.
A. Vomitus – too much alcohol intake
B. Bleeding pulmonary tuberculosis
C. Dentures
D. Bolus of food

IV – Asphyxia by Drowning or Submersion in Water


The air passages are submerged in water thereby preventing the force blow of air
into the lungs. It is not necessary for the whole body to be submerged in water.

Post Mortem Findings


External Findings
1. Clothes are wet with foreign bodies clinging and pale face
2. Eyes closed or may be half opened congested conjunctivae and pupils
dilated.
3. Hypostatic lividity located on the head, chest and neck.
4. Cutis anserina, gooseflesh or goose skin a condition of his skin usually in the
extremities manifested by pale, puckered and contracted skin due to
contraction of erector pili muscle.
5. Champignon de Ocume – a whitish form which accumulates at the nostrils
and mouth which increases in amount upon pressure on the chest.
6. Penis and scrotum may be contracted.
7. Washer woman’s hands and feet – bleached and corrugated.
8. Presence of clenched fists which holds foreign materials like weeds, stones,
and sand.
Internal Findings
1. The lungs may be voluminous with a doughly falling and slight increased in
weight (Edema Aquosum) and emohysema because of the air being driven by
the fluid on the surface. (Emphysema Aquosum)
2. Stomach Content – plenty fluid and other foreign bodies. Absence of water in
the stomach indicates that death is rapid and submersion is made after death.
The gastric mucosa will hand a soggy appearance.
3. The right side of the heart is dilated and the great veins filled with dark red
blood which is fluid ad does not clot. The chloride content of the right and left
ventricle of heart is determined by using Getltler’s Test. If drowning took place
in salty water, the blood chloride content is more in the right than the left.
4. Internal Organs – Presence of sub pleural and sub epicardial petechial
hemorrhages called tardieu spots.
Conclusive Findings in Drowning
1. Clenched fists with foreign bodies in the hands of the victims.
2. Increased lung volume and weight in edema of the lungs.
3. Presence of water in the stomach
4. Presence of froth, foam and foreign bodies in the respiratory passages.
5. Presence of water in the middle ear.

Tete De Negri – dark bloated condition of the face in drowning with bronze color of
the head and neck.

V. Asphyxia by Compression of the Chest or Traumatic Crush Asphyxia


Is a form of asphyxia death wherein the exchange of gases into the lungs is
prevented due to trauma to the chest and abdomen.
Burking – Form of traumatic asphyxia invented Burke. The murder will sit or kneel
on the chest of the victim and cover the nostrils and mouth to prevent the flow of air
into the respiratory passages.

VI – Asphyxia by Breathing Irrespirable Gases


Some gases when inhaled is detrimental to life and health. The most common
gases which cause asphyxia death are carbon monoxide, carbon dioxide, hydrogen
sulfide and sulfur dioxide.

CHAPTER XIV – ALCOHOLISM


Course Content:
A. Degree of Intoxication
B. Evidences of Drunkenness
C. Test for Alcoholic
D. Physical Test to Determine Drunkenness
Course learning Outcomes:
At the end of the learning period, the students must be able to:

 Define Alcoholism
 Enumerate the Degree of Intoxication
----------------------------------------------------------------------------------------------------------------
-----

ALCOHOLISM
The practice of alcohol consumption as stimulants dates back to the early
time of human civilization. The use of wine is recorded as before the time of
Hammurabi 2380BC. In the Philippines, the use of alcohol traced to be earlier than
the rediscovery of the islands of the Spaniards. Very few are aware of the fact that
alcohol is a drug which has injurious effects to the physical health and well being.
Alcohol is a colorless, transparent volative liquid with aromatic odor and
boiling point at 78°c. The word alcohol refers to ethyl alcohol used as part of a
beverage. It is formed out of the fermentations of carbohydrates in grains and fruits.
A drunkard refers to a person who habitually takes or use any intoxicating
beverage containing alcohol and while under its influence or in consequence of the
effects thereof is either dangerous to himself or to others.
Chronic alcoholism is a condition where a person who, from prolonged and
excessive consumption of alcoholic beverages develops physical and psychological
changes and dependence to alcohol.
Alcohol is measured in units which are comparable to 10 grams contained in
100cc of beer or wine.
Distillation is a method used to increase the concentration of alcohol since
normal fermentation stops art around 12% to 14% by volume. In distilled liquors,
alcohol is measured in terms of proofs which is estimated to be twice the percentage
of alcohol by volume.

DEGREE OF INTOXICATION
Slight Inebriation (10mg ---100mg. %)
10mg. % - pleasant, clearing of the head
20mg. % - felling of cruel well being, reddening of the face, no sign of mental
impairment but there is loss of self control making the user talkative and increasing
confidence.
100mg. % - the individual is intoxicated and under the influence of alcohol, there is
mental/confusion, incompetence, drowsiness, decreases inhibition.

Moderate Inebriation – 150mg. % - 200mg. % - Difficulty in articulations,


argumentations, and over confident and loss muscle coordination.

Drunk – 200mg. % - 300mg. % - confused state of the mind, movement


uncontrolled, loss of muscle coordination, diminished pain senses and marked
disturbance in vision.

400mg. % - This is anesthetic level coma, complete unconsciousness, death may


occur.

EVIDENCES OF DRUNKENNESS
1. Clothing is usually untidy, stained with smell of alcohol.
2. Red face, blood shoot eyes, groggy stance and coordination is poor.
3. Breath is accompanied with varying degrees of alcoholic odor.
4. Speech is incoherent sarcastic with hostile tone.
5. Eyes are characterized with dilated pupils reddened and glossy appearance.
6. Mentality is absent with lack of orientation, clarity of thought, little self control,
euphoria, excitement and depression.

TEST FOR ALCOHOLIC


Blood alcohol determination is a reliable index of alcohol content of one’s
body. 5cc of blood is sufficient for alcohol determination.
If there 0.05 percent is less by weight of alcohol in a person’s blood, it is
presumed that the subject is not under the influence of intoxicating liquor.
If there is o.16% or more by weight of alcohol, the subject is declared as
under the influence of alcohol.

PHYSICAL TESTS TO DETERMINE DRUNKENNESS


1. The subjected is direct to stand straight heels together and closed eyes for
one minute. If the subject is not drunks, he will not sway to the front or side.
2. Then permit the subject to stand with one foot ahead of the other so the toes of
one foot touch the heel of the other, if the subject will sway sidewise and fall.
3. Let the subject bend down and pick up a small object from the floor, if he
stumbles it may be an indication of drunkenness.
4. Let the subject pronounce distinctly the word TRULY RURAL and note slurring of
speech when drunk.

CHAPTER XVI – DEOXYRIBONUCLEIC ACID


Course Content:

A. Components of DNA

B. EXAMPLES OF DNA USES FOR FORENSIC IDENTIFICATION:


C. DNA TECHNOLOGIES USED IN FORENSIC INVESTIGATIONS

Course learning Outcomes:


At the end of the learning period, the students must be able to:

A. Enumerate the Components of DNA


B. Determine the uses of forensic identification in the investigation

----------------------------------------------------------------------------------------------------------------
-----

DNA
DNA: Deoxyribonucleic acid (DNA) refers to the chemical inside the nucleus of all
cells that carries the genetic instructions for making living organisms. A DNA
molecule is made up of two strands wrap around each other to resemble a twisted
ladder. The sides are made of sugar and phosphate molecules. The “rungs” are
made of nitrogen-containing chemicals called bases. Each strand is composed of
one sugar molecule, one phosphate molecule and a base. Four different bases are
present in DNA – adenine (A), thymine (T), cytosine (C), and guanine (G). The
particular order of bases arranged along the sugar – phosphate backbone is called
the DNA sequence; the sequence specifies the exact genetic instructions required to
create a particular organism with its own unique traits.
Each strand of the DNA molecule is held together at its base by a weak bond. The
four bases pair in a set manner: Adenine (A) pairs with thymine (T), while cytosine
(C) pairs with guanine (G). These pairs of bases are known as Base Pairs (bp).
These Base Pairs (bp) are the basis of Y-chromosomes testing.

Components of DNA: DNA is a polymer. The monomer units of DNA are


nucleotides, and the polymer is known as a “polynucleotide”. Each nucleotide
consists of a 5-carbon sugar (deoxyribose), a nitrogen containing base attached to
the sugar, and a phosphate group. There are four different types of nucleotides
founds in DNA, differing only in the nitrogenous base. The four nucleotides are given
one letter abbreviations as shorthand for the four bases.
 A is for adenine
 G is for guanine
 C is for cytosine
 T is for thymine
Purine Bases: Adenine and gujanine are purines. Purines are the larger of the two
types of bases found in DNA. The 9 atoms that make up the fused rings are 5
carbon, 4 notrogen numbered 1 – 9. With all ring atoms lie in the same plane.
Pyrimidine Bases: Cytosine and thymine are pyrimidines. The 6 atoms, 4 carbon, 2
nitrogen are numbered 1-6. Like purines, all pyramidine ring atoms lie in the same
plane.

Deoxyribose Sugar: The deoxyribose sugar of the DNA backbone has 5 carbons,
and 3 oxygens. The carbon atoms are numbered 1’, 2’, 3’, 4’, and 5’ to distinguish
from the numbering of the atoms of the purine and pyramidine rings. The hydroxyl
groups on the 5’- and 3’- carbons link to the phosphate groups to form the DNA
backbone. Deoxyribose lacks an hydroxyl group at the 2’- position when compared
to ribose, the sugar component of RNA.

Nucleosides: A nucleoside is one of the four DNA bases covalently attached to the
C1’ position of a sugar. The sugar in deoxynucleosidesis 2’ deoxyribose. The sugar
in ribonucleosides is ribose. Nucleosides differ from nucleotides in that they lack
phosphate groups. The four different nucleosided of DNA are deoxyadenosine
(dA0), deoxyguanosine (dG), deoxycytosine (dC), and (deoxy) thyminedine (dT or
T).

DNA Backbone: The DNA backbone is a polymer with an alternating sugar-


phosphate sequence. The deoxyribose sugars are joined at both the 3’-hydroxyl and
5’-hydroxyl groups to phosphate groups in ester links, also known as
“phosphodiester” bonds.

DNA Double Helix: DNA is a normally double stranded macromolecule, two


polynucleotide chains, held together by weak thermodynamic forces, form a DNA
molecule.

EXAMPLES OF DNA USES FOR FORENSIC IDENTIFICATION:

 Identify potential suspects whose DNA may match incidence left at crime
scenes.
 Exonerate persons wrongly accused of crimes..
 Identify crime and catastrophe victims.
 Establish paternity and other family relationships.
 Identify endangered and protected species as an aid to wildlife officials (could
be used for prosecuting poachers).
 Detect bacteria and other organisms that may pollute air, water, soil, and
food.
 Match organ donors with recipients in transplant programs.
 Determine pedigree for seed or livestock breeds.
 Authenticate consumables such as caviar and wine.

In criminal cases, this generally involves obtaining samples from crime-scene


evidence and a suspect, extracting the DNA, and analyzing it for the presence of
a set of specific DNA regions (markers).

Scientists find markers in a DNA sample by designing small pieces of DNA


(probes) that will each seek out and bind to a Complementary DNA sequence in
the sample. A series of probes bound to a DNA sample creates distinctive pattern
for an individual. Forensic scientists compare these DNA profiles to determine
whether the suspect’s sample matches the evidence sample. A marker by itself
usually is not unique to an individual; if however, two DNA samples are alike at
four or five regions, odds are great that the samples are from the same person.
If the sample profile did not match, the person did not contribute the DNA at the
crime scene.
If the patterns match, the suspect may have contributed the evidence sample.
While there is a chance that someone else has the same DNA profile for a
particular probe set, the odds are exceedingly slim. The question is, how small do
the odds have to be when conviction of the guilty or acquittal of the innocent lies
in the balance? Many judges consider this matter for a jury to take into
consideration along with other evidence in the case. Experts point out that using
DNA forensic technology is far superior to eyewitness accounts, where the odds
for correct identification are about 50:50.
The more probes used in DNA analysis, the greater the odds for a unique pattern
and against a coincidental match, but each additional probe adds greatly to the
time and expense of testing. Four to six probes are recommended. Testing with
several more probes will become routine, observe John Hicks. He predicted that
DNA chip technology will enable much more rapid, inexpensive analysis using
many more probes, and raising the odds against coincidental matches.

DNA TECHNOLOGIES USED IN FORENSIC INVESTIGATIONS


Restriction Fragment Length Polymorphism (RFLP) RFLP is a technique for
analyzing the variable length of DNA fragments that result from digesting a DNA
sample with a special kind of enzymes. This enzyme, a restriction endonuclease,
cuts DNA as a specific sequence pattern known as a restriction endonuclease
recognition site. The presence or absence of certain recognition sites in a DNA
sample generates variable lengths of DNA fragments, which are separated using
gel electrophoresis. They are then hybridized with DNA probes that bind to a
complementary DNA sequence in the sample.
RFLP is one of the original applications of DNA analysis to forensic investigation.
With the development of newer, more efficient DNA-analysis techniques. RFLP is
not used as much as it once was because it requires relatively large amount of
DNA. In addition, sample degraded by environmental factors such as dirt or mold,
do not work well with RFLP.

PCR Analysis: PCR (Polymerase Chain Reaction) is used to make millions of


exact copy of DNA from a biological sample. DNA amplification with PCR allows
DNA analysis on biological samples as small as a few skin cells. With RFLP,
DNA samples would have to be about the size of a quarter. The ability of PCR to
amplify such tiny quantities of DNA enables even highly degrade samples to be
analyzed. Great care however, must be taken to prevent contamination with other
biological materials during the identifying, collecting, and preserving of sample.

STR Analysis: Short Tandem Repeat (STR) technology is used to evaluate


specific regions (loci) within nuclear DNA. Variability in STR regions can be used
to distinguish one DNA profile from another. The Federal Bureau of Investigation
(FBI) uses a standard set of 13 specific STR regions for CODIS. CODIS is a
software program that operates local, state, and national data bases of DNA
profiles from convicted offenders, unsolved crime scene evidence, and missing
persons. The odds that two individuals will have the same 13-loci DNA profile is
about one in one billion.

Mitochondrial DNA Analysis: Mitochondrial DNA Analysis (mtDNA) can be


used to examine the DNA from samples that cannot be analyzed by RFLP or
STR. Nuclear DNA must be extracted from samples for use in RFLP, PCR, and
STR; however, mtDNA analysis uses DNA extracted from another cellular
organelle called a mitochondrion. While order biological samples that lack
nucleated cellular material, such as hair, bones, and teeth, cannot be analyzed
with STR and RFLP, they can be analyzed with mtDNA. In the investigation of
cases that have gone unsolved for many years, mtDNA is extremely valuable.

Allele: One of the variant forms of a gene at a particular locus, or location, on a


chromosome. Different alleles produce variation in inherited characteristics. For
STR markers, each allele is the number of repeats of the short base sequence.

Bases Pair: Two bases that from a “rung of the DNA ladder”. A DNA nucleotide
is made of a molecule of sugar, a molecule of phosphoric acid, and a molecule
called a base. The bases are the letters that spell out the genetic code. In DNA,
the code letters are A, T, G, and C which stand for the chemical adenine,
thymine, guanine, and cytosine, respectively. In base pairing, adenine always
pairs with thymine, and guanine always pairs with cytosine.

Chromosome: One of the threadlike “packages” of genes and other DNA of the
nucleus of a cell.

DNA: The chemical inside the nucleus of a cell that carries the genetic
instructions for making living organisms.

Gene: The functional and physical unit of heredity passed from parent to
offspring. Genes are pieces of DNA, and most genes contain the information for
making a specific protein.

Genome: All the DNA contained in an organism or a cell, which includes both the
chromosomes within the nucleus and the DNA in mitochondria.

Locus: A point in the genome, identified by a marker which can be mapped by


some means. It does not necessarily correspond to a gene. A single gene may
have several loci within it and these markers may be separated in genetic or
physical mapping experiments.

Marker: Also known as a genetic marker, a segment of DNA with an identifiable


physical location on a chromosome whose inheritance can be followed. A marker
can be a gene, or it can be some section of DNA with no known function.

Microsatellite: Repetitive stretches of short sequences of DNA used as genetic


markers to track inheritance in families.

Mutation: A permanent structural alteration in DNA.

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