Professional Documents
Culture Documents
POLICE PHOTOGRAPY
Photography - is the art, science and practice of creating durable images by recording ligh
Sir John Herschel - made the word photography known to the world in a lecture before the
Camera - is a device that records and stores images.
History of camera
Mo Ti - 5th century BC Chinese philosopher who noted that a pin hole can form an in
Aristotle - in 4th century BC, described observing a partial solar eclipse in 330 BC by
Ibn Al-Haytham (Alhazen) - an Egyptian scientist who wrote about observing a sola
Roger Bacon - English philosopher and Franciscan friar who in his study of optics, inc
Johannes Kepler - a German mathematician and astronomer who applied the actual
Robert Boyle - a British scientist who, with his assistant Robert Hooke developed a p
Johann Zahn - in 1685, built the first camera obscura that was small enough for prac
Joseph Nicephore Niepce - was a french inventor who is noted for producing the fir
1920 - the electronic video camera tube was invented, starting a line of development
William Henry Fox Talbot - a British inventor and pioneer of photography. He was th
Kodachrome - the first modern integral tripack color film, was introduced by Kodak in
camera obscura
Camera obscura - obscura means dark or darkened chamber room, is an optical device tha
Exposure - total amount of light allowed to fall on the photographic medium during the pro
Film Speed - is the measure of a photographic films sensitivity to light.
Shutter Cycle - is the process of the shutter opening, closing and resetting to where it is re
Shutter - is a device that allows light to pass for a determined period of time for the purpos
Red Eye Effect - is the common appearance of red pupils in color photographs of eyes. It o
Photographic Emulsion - is a light sensitive colloid such as gelatin, coated into a substanc
Personal Identification
Fingerprint - is an impression left by the friction ridge of a human finger.
Friction ridge - is a raised portion of the epidermis on the fingers and toes, the palm of the
Dermatoglyphics - scientific study of fingerprints.
Type of Prints
Notes:
Plantar - refers to feet and toes.
Palmar - refers to finger and palm.
Personalities who significantly contributed to the science of fingerprint.
1. Jan Evangelista Purkinje (1787 - 1869) - a czech physiologist and professor of anat
2. Georg Von Meisner (1829 - 1905) - German anatomist who studied friction ridges.
3. Sir William James Herschel - initiated fingerprinting in India. In 1877 at Hoogly nea
4. Henry Faulds - a Scottish surgeon who in 1880, in a Tokyo hospital, published his firs
5. Juan Vucetich - an Argentine chief of police who created the first method of recordin
7. Edward Richard Henry - UK home secretary who conducted an inquiry into identific
8. Azizul Hague and Hem Chandra Bose - Indian fingerprint expert who have been c
9. Henry P. deForrest - used fingerprinting in the New York civil service in 1902 and by
10.Nehemiah Grew -(1641 - 1712) - in 1684, this English physician, botanist and micros
12.Mark Twain - in his memoir life on the Mississippi 1883, it mentioned a melodramatic
Fingerprint Sensor - is an electronic device used to capture a digital image of the fingerpr
Latent Print - (known as dactyloscopy or hand print identification) - is the process of comp
The Most Popular Ten Print Classification System.
1. Roscher System - developed in Germany. Implemented in Germany and Japan.
CRIMINOLOGY REVIEWER COMPILATION
2. Juan Vucetich System - developed in Argentina. Implemented through out South Ame
3. Henry Classification System - developed in India. Implemented in most English speak
When is fingerprint ridges formed? ans. formed during the third to fourth month of fetal
What is a Loop? ans. the ridges enter from one side of the finger, form a curve and then e
What is a whorl? ans. ridges form circularly around a central point on the finger.
What is an Arch? ans. the ridges enter from one side of the finger, rise in the center formin
Forensic Anthropology - forensic discipline that studies human skeletal remains for identi
Forensic Odontology - study of dental features to identify a victim when the body is other
FORENSIC MEDICINE
Forensic medicine - the science that deals with the application of medical
knowledge to legal question.
Clinical Forensic Medicine - involves an application of clinical methods for
the administration of justice.
Paulus Zacchias - father of legal medicine as well as father of forensic
psychiatry.
Medical Ethics - deals with the moral principles which should guide members
of the medical profession in their dealings with each other, their patients and
the state.
Medical Etiquette - deals with the conventional laws of courtesy observed
between members of the medical profession.A doctor should behave with his
colleagues as he would have them behave with himself.
Hippocrates - father of medicine, discussed lethality of wounds and formulated
medical ethics.
Forensic Pathology - deals with the study and application of the effects of
violence or unnatural disease in its various forms in or on the human body, in
determining the cause and manner of death in case of violence, suspicious,
unexplained, unexpected, sudden, and medically unattended death.
Pathology - is the precise study and diagnosis of disease.
Pathologist - a medical doctor who conducts an autopsy.
1. natural causes
2. homicide/killing
3. accidental death
4. suicide
Vital signs -are measures of various physiological statistics often taken by
health professionals in order to assess the most basic body functions.
1. body temperature
2. pulse rate/heart rate
3. blood pressure
4. respiratory rate
Death - cessation of all biological functions that sustains a living organism.
Causes of death:
1. old age
2. predation - biological interaction where a predator (organism that is
hunting) feeds on its prey (the organism that is attacked).
3. malnutrition
4. disease
5. accidents
6. injury
Signs of death
1. cessation of breathing
2. cardiac arrest - no pulse
3. livor mortis - settling of the blood in the lower dependents of the body.
4. algor mortis - reduction in body temperature following death.
5. rigor mortis - the limbs of the corpse become stiff and difficult to move.
6. decomposition - reduction into simple form of matter accompanied by
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Forensic Entomology - is the use of insects and their arthropod relatives that
inhabit decomposing remains to aid in legal investigations.
What are the 5 stages of insect development?
1. Eggs
2. Larvae
3. Prepupae
4. Pupae
5. Adult fly
What are the 2 methods of biological forensics are concerned with?
entomology and DNA.
Residence time - this defines how long an insect colony has been at a corpse.
The body farm - used for entomological experiment.This place exists at the
University of Tennessee.
LIE DETECTION AND INTERROGATION (POLYGRAPH)
Polygraph - popularly referred to as lie detector. - measures and records several psycholog
- literally means "many writings".
- is derived from two Greek words "Poly"which means many and "Graphos"which means writing.
blood pressure - is the pressure exerted by circulating blood upon the walls of bloo
pulse - represents the tactile arterial palpitation of the heartbeat by trained fingertip
respiration - the transport of oxygen from the outside air to the cells within tissues a
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1. The Control Question Test (CQT) - this test compares the physiological response to relevan
2. The Directed Lie Test (DLT) - this test tries to detect lying by comparing physiological resp
3. The Guilty Knowledge Test (GKT) - this test compares physiological responses to multiple c
* Polygraph test result in the philippines is not admissible in evidence as proof of the gu
accused.
* Polygraph test is voluntary.
* The accuracy of polygraph test is about 90% provided the examiner is competent and
polygraph machine is in good working condition.
* Polygraph is an investigative tool.
* The principle behind a lie detection test is that when the subject hears a questions wh
Who Uses The Polygraph
1. Law Enforcement Agencies
2. Legal Community
3. Private Sector
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FORENSIC BALLISTICS
Forensic ballistics - is the science of analyzing firearms usage in crimes. It involves analys
Ballistics -(ballein "to throw") - is the science of mechanics that deals with the flight, behav
Ballistic missile - is a missile, only guided during the relative brief initial powered phase of
Flight - is the process by which an object moves through an atmosphere by generating aero
Firearms identification - the identification of fired bullets, cartridge cases or other ammun
Rifling - is the process of making helical grooves in the barrel of a gun or firearm which imp
Projectile - is any object projected into space by the exertion of a force.
Trajectory - is the path that a moving object follows through space as a function of time.
Firearm - is a weapon that launches one or many projectiles at high velocity through confin
Ballistic fingerprinting - involves analyzing firearm, ammunition and tool mark evidence i
Gun ballistic - is the work of projectile from the time of shooting to the time of impact with
Four categories of gun ballistics
1. Internal/interior ballistic - the study of the processes originally accelerating the projec
3. External/exterior ballistic - the study of the passage of the projectile through a medium
4. Terminal ballistic - is the study of the interaction of a projectile with its target.
Colonel Calvin Hooker Goddard - father of forensic ballistic.
Some Factors to be Considered in designing a Firearm
1. reliability of firing
2. accuracy of projectile
3. force of projectile
4. speed of firing
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Breech loading firearm - is a firearm in which the cartridge or shell is inserted or loaded in
Sir Hiram Maxim - an American inventor of the machine gun or the maxim gun.
Richard Gatling - inventor of the Gatling gun, a machine gun with a six barrel capable of fi
Gatling Gun - a hand driven, crank operated multi barrel machine gun.
note: velocities of bullets are increased with the use of a jacket of a metal such as copper or
Fouling - deposits of unburned powder residue in the bore of a gun.
What is the indispensable tool of the firearm examiner? comparison microscope.
Firearms Terminology
1. Action - the part of the firearm that loads, fires, and ejects a cartridge.Includes lever act
2. Barrel - the metal tube through which the bullet is fired.
3. Black Powder - the old form of gun powder invented over a thousand years ago and con
of nitrate,charcoal,and sulfur.
4. Bore - the inside of the barrel.
5. Breech - the end of the barrel attach to the action
hollow point - there is a central cavity in the bullet nose not covered by a metal jac
action 4 - hollow point projectile made of non fragmenting brass with radiopaque pla
hydra-Shock - hollow point projectile with soft deformable anterior and hard posterio
Jacketed - the soft lead is surrounded by another metal, usually copper, that allows t
8. Caliber - the diameter of the bore measured from land to land , usually expressed in hun
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9. Cartridge - also called a round - packages the bullet, propellant and primer into a single
a containing metallic case that is precisely made to fit within the firing chamber of a firea
Parts of a cartridge
a. bullet
b. case/shell
c. powder
d. primer
10. Centerfire - the cartridge contains the primer in the center of the base where it can be
firing pin of the action.
11. Chamber - the portion of the action that holds the cartridge ready for firing.
12. Choke - a constriction of a shotgun bore at the muzzle that determines the pattern of th
shot.
13. Double Action - Pulling the trigger both cocks the hammer and fires the gun.
14. Double Barrel - two barrels side by side or one on top of the other usually on a shotgun
15. Gauge - refers to the diameter of the barrel on a shotgun in terms of the number of lead
size of the bore it would take to weigh one pound (10 gauge,12 gauge etc) "410" gauge
to caliber,but it is worded as such to refer to a shotgun.
16. Hammer - a metal rod or plate that typically drives a firing pin to strike the cartridge pr
detonate the powder.
17. Ignition - the way in which powder is ignited. Old muzzle loading weapons used flintlock
percussion caps.Modern guns use primers that are rimfire or centerfire.
18. Lands and Grooves - lands are the metal inside the barrel left after the spiral grooves
produce the rifling.
19. Magazine - this is a device for storing cartridges in a repeating firearm for loading into t
20. Magnum - for rifles and handguns, an improved version of a standard cartridge which u
same caliber and bullets, but has more powder, giving the fired bullet more energy. For s
loads,magnum shells have more powder and may have increased length with more shot
21. Muzzle - the end of the barrel out of which the bullet comes.
22. Pistol - synonym for a handgun that does not have a revolving cylinder.
23. Powder - modern gun cartridges use smokeless powder that is relatively stable,of unifo
and leaves little residue when ignited. For centuries black powder was used and was qui
(ignited at low temperature or shock),was composed of irregularly sized grains,and left a
heavy residue after ignition,requiring frequent cleaning of bore.
24. Primer - a volatile substance that ignites when struck to detonate the powder in a cartr
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Centerfire cartridges - have primer in a hole in the middle of the base of the cartrid
25. Revolver - handgun that has a cylinder with holes to contain the cartridges. The cylinde
bring the cartridge into position to be fired. This is a single action when the hammer mu
before the trigger can fire the weapon. It is double action when pulling the trigger both c
fires the gun.
26. Riffling - the spiral grooves cut inside a gun barrel that give the bullet a spinning motion
metal between the grooves is called a land.
27. Rimfire - the cartridge has the primer distributed around the periphery of the base.
28. Safety - a mechanism of an action to prevent firing of the gun.
29. Shotgun - a gun with a smooth bore that shoots cartridges that contain "shot" or small
pellets of lead or steel as the projectiles.
30. Smoothbore weapons - have no riflings, typically shotguns. Most handguns and rifles
riflings.
31. Sights - the device on top of the barrel that allow the gun to be aimed.
32. Silencer - a device that fits over the muzzle of the barrel to muffle the sound of a gunsh
work by baffling the escape of gases.
33. Single Action - the hammer must be manually cocked before the trigger can be pulled
gun
34. Smokeless Powder - refers to modern gun powder which is not really powder but flake
nitrocellulose and other substances. Not really smokeless but much less so than black po
35. Stock - a wood,metal,or plastic frame that holds the barrel and action and allows the gu
firmly.
Composition of Gunpowder
1. Sulfur
2. Charcoal
3. Saltpeter (potassium nitrate)
- gun powder first appeared in china but used primarily in firecrackers.
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QUESTIONED DOCUMENT
But they may also be the result of nervousness, alcohol impairment or other factors.
The speed or how fast a person write is not considered in handwriting analysis though
Handwriting Exemplar - known standards - is a piece of writing that can be examined fore
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3. Mail Fraud
4. Kidnapping
5. embezzlement
6. Theft
7. Robbery
8. Sex Crime
9. Murder
10.Homicide
Historical Dating - work involving the verification of age and worth of a document or objec
Indicators of Forgery
1. Blunt starts ans stops
2. Pen lifts and hesitations
3. Tremor
4. Speed and Pressure
5. Patching
FORENSIC CHEMISTRY AND TOXICOLOGY
Forensic Science - is the use of science and technology to enforce civil and criminal laws.
Blood - a specialized body fluid that circulates in the arteries and veins of vertebrate anima
Semen - the male reproductive fluid containing spermatozoa in suspension.
Moulage - is the art of applying mock injuries for the purpose of training emergency respo
Mass Spectrometry - is the analytical technique that measures the mass to charge ratio o
Amino Acid - the building blocks of protein coded by triplets of bases of DNA blue print.
Ammonia - a colorless gaseous alkaline compound that is very soluble in water, has charac
Anemia - any condition in which the number of red blood cells, the amount of hemoglobin
Aplasia - failure of an organ or tissue to develop normally.
Autolysis - the destruction of cells after death due to lack of ability to metabolize oxygen n
Hair - any of the fine threadlike strands growing from the skin of humans,mammals, and so
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1. Anagen phase - the growth phase. It begins in the papilla and can last up to 8 years. The
which the hair remains in this stage is determined by genetics. The longer the hair stays in
2. Catagen Phase - also known as the transitional phase, allows the follicle to renew itself. D
time which last about 2 week, the hair follicle shrinks due to disintegration and the papilla
3. Telogen phase - or resting phase, the hair and follicle remain dormant anywhere from 1 t
begins again when this phase is complete. The root is club shaped.
Shedding - the process of normal hair loss.
Alopecia - a hair loss disease that causes the hair to spontaneously fall out.It is mainly cha
Medulla - inner most layer of the hair shaft.
From which part of the body are most often used for hair comparison? Either head
How to determine the likely race of the person from which a hair originated?
1. Caucasian - evenly distributed, fine pigmentation Wavy with round cross section.
2. Mongoloid - Continuous medullation.
3. Negroid - dense, uneven pigmentation.
Rate of speed of hair growth - 1.25 cm or .05 inches per month or about 6 inches or 15
Forensic Toxicology - deals with the medical and legal aspects of the harmful effects of ch
Forensic - comes from the Latin word "forensis" meaning forum.
Toxicology - from the Greek word toxicos - "poisonous" and "logos".
- it is the study of the symptoms, mechanisms and treatments and detection of
Poison - a substance that when introduced into or absorbed by a living organism causes de
Toxin - an antigenic poison or venom of plant or animal origin especially one produced by o
- poisonous substance produced during the metabolism and growth of certain micro or
some higher plant and animal species.
Venom - poisonous fluid secreted by animals and typically injected into prey by biting or sti
Acute Poisoning - is exposure to poison on one occasion or during a short period of time.
Chronic Poisoning - is long term repeated or continuous exposure to a poison where symp
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Mathieu Orfila - is considered to be the modern father of toxicology, having given the subj
Dioscorides - a Greek physician in the court of Roman emperor Nero, made the first attemp
Jean Stas - a belgian analytical chemist who in 1850 gave the evidence that the Belgian co
Celsus - a roman physician from the first century, considered the father of toxicology. He is
Corrosive substance - is one that will destroy or irreversibly damage another surface or su
Law - the system of rules that a particular country or community recognizes as regulating th
Enforcement - means to compel obedience to a law, regulation or command.
1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties is dependent upon public approval of polic
3. Police must secure the willing cooperation of the public in voluntary observance of the law
to secure and maintain the respect of the public.
4. The degree of cooperation of the public that can be secured diminishes proportionally to t
necessity of the use of force.
5. Police seek and preserve public favor not by catering to public opinion but by constantly
demonstrating absolute impartial service to the law.
6. Police use physical force to the extent necessary to secure observance of the law or to re
only when the expertise of persuasion, advice and warning is found to be insufficien
7. Police at all time should maintain a relationship with the public that gives reality to the his
tradition; the police are the public and the public are the police. The police being o
individuals charged with the duties that are incumbent on all of the citizens.
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8. Police should always direct their actions strictly towards their functions and never appear
the powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder not the visible evidence
action in dealing with it.
Police - one of the pillars of the criminal justice system that has the specific responsibility o
Police Organization - a group of trained personnel in the field of public safety administrati
Enforcement - means to compel obedience to a law, regulation or command.
Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.
Objectives - refer to the purpose by which the organization was created. Refer to the goals
Supervision - means the act of watching over the work or tasks of the members of the orga
Management - the process of directing and facilitating the work of people organized in form
supplies and time).
Hierarchy - represents the formal relationship among superiors and subordinates in any giv
Authority - the right to command and control the behavior of employees in lower positions
A particular position within the organization. Carries the same regardless of who occupies th
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting
Principles of efficient Management
* Division of work - work specialization can increase efficiency with the same amount of effo
* Authority and Responsibility- authority includes the right to command and the power to req
obedience. One cannot have authority without responsibility.
* Discipline - necessary for an organization to function effectively, however, the state of th
disciplinary process depends upon the quality of its leaders.
* Unity of Command - subordinate should receive
orders from one superior only.
* Scalar Chain - the hierarchy of authority is the order of ranks from the highest to the lowe
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Bureau - the largest organic functional unit within a large department; comprised of seve
Division - a primary subdivision of a bureau.
Section - functional unit within a division that is necessary for specialization.
Unit - functional group within a section or the smallest functional group within an organiza
2. Territorial Units
Post - a fixed point or location to which an officer is assigned for duty.
Route - a length of streets designated for patrol purpose, also called line beat.
Beat - an area designed for patrol purposes whether foot or motorized.
Sector - an area containing two or more beat, route or post.
District - a geographical subdivision of a city for patrol purposes, usually with its own sta
Area - a section or territorial division of a large city each comprised of designated district
EVOLUTION OF THE POLICING SYSTEM
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
THEORIES 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
arrests, throwing offenders in detention facilities rather than trying to prevent them from
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committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the criminal justice system, an organ of crim
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 o
individual as well as that of the community in general.
EARLY POLICING SYSTEM
1. KIN POLICING
- the family of the offended individual was expected to assume responsibility for justice
- the family of the victim was allowed to exact vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose duties include guarding of the tombs
apprehending thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called VIGILES OF ROME, or VIGILES URBANI (wat
the city), which had the primary task of firefighting and policing
- the Vigiles acted as night watch, apprehendinng thieves, keeping an eye out for burglars
hunting down runaway slaves, and were on occasion used to maintain order in the stree
- the Vigiles dealt primarily with petty crimes and looked for disturbances of the peace wh
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a special force of guards used by Rom
Emperors as the Emperors' personal guards
- as personal guards of the Emperor, their primary duty was to protect the Emperor from
assassination and other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their village from thieves and animal
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE, which is the origin of the wor
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the gates
- during trouble, the watchman would raise a HUE AND CRY, a call to arms where th
the parish would stop what they were doing and come to the aid of the constable
MODERN POLICING SYSTEM
1) ENGLAND
a. BOWSTREET RUNNERS - a group of men organized to arrest offenders.
- organized by Henry Fielding, a magistrate in London, in 1749 in London, England.
- the name was adopted from the name of the street where the office of Henry Fielding w
located.
- when Henry Fielding retired as magistrate, he was replaced by his blind brother, John Fi
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in London England, called the Metrop
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Police Service.
- this law was passed through the initiative of Sir Robert Peel, a member of the Parliamen
- the headquarters of the Metropolitan Police Service is the Scotland Yard, now known as
Scotland Yard
SIR ROBERT PEEL - recognized as the father of modern policing system.
2. UNITED STATES OF AMERICA
a. 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
- modelled after the Metropolitan Police Service of London
b. 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 contribut
- author of the book, Police Administration, which served as the basic guide in the admin
the police organization in the US
- was the first police chief of Berkeley, California.
Important 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. Lambert Javalera - the first chief of police of the Manila Police Department after the Phi
Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.
- 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 plea
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President
- the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secret
a) Undersecretary for Local Government
b) Undersecretary for Peace and Order
- No retired or resigned military officer or police official may be appointed as Secretary with
(1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the National Police Commission
- under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external secu
- under RA 8551, the Armed Forces of the Philippines is now in charge with both internal and
security with the PNP as support through information gathering and performance of ordinary
functions.
NATIONAL POLICE COMMISSION
- an agency attached to the DILG for policy coordination
- shall exercise administrative control and operational supervision over the PNP.
A. Exercise administrative control and operational supervision over the Philippine National Po
which shall mean the power to:
1. Develop policies and promulgate a police manual prescribing rules and regulations for effi
2. Examine and audit, and thereafter establish standards for such purposes on a continuing
3. Establish a system of uniform crime reporting;
4. Conduct annual self-report surveys and compile statistical data for accurate assessment o
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situation and the proper evaluation of the efficiency and effectiveness of all police units in th
5. Approve or modify plans and programs on education and training, logistical requirements
6. Affirm, reverse or modify, through the National Appellate Board, personnel administrative
7. Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative
8. Prescribe minimum standards for arms, equipment, and uniforms and, after consultation w
Philippine Heraldry Commission, for insignia of ranks, awards, medals of honor;
9. Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its o
10. Inspect and assess the compliance of the PNP on the established criteria for manpower a
11. Monitor the performance of the local chief executives as deputies of the Commission; a
12. Monitor and investigate police anomalies and irregularities.
B. Advise the President on all matters involving police functions and administration;
C. Render to the President and to Congress an annual report of its activities and accomplishm
D. Recommend to the President, through the Secretary, within sixty (60) days before the com
E. Perform such other functions necessary to carry out the provisions of R.A. 6975, as amend
COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years without reappointment or extension
* three of the four regular commissioners shall come from civilian sector and not former m
the police or military
* the fourth regular commissioner shall come from the law enforcement sector either acti
* 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 Chairper
chosen
* the Vice Chairperson shall act as the Executive Officer of the Commission
* refer to the organizational structure of the NAPOLCOM
Important dates in the history of modern Philippine Policing
1901 - ACT no. 175 of the Philippine Commission established the Philippine constabul
1905 - the Philippine constabulary school was established at the sta.lucia barracks in
1916 - the Philippine constabulary school was renamed academy for officers of the Ph
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province, b
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1926 - the academy for officers of the Philippine constabulary was renamed Philippin
1936 - the Philippine Constabulary Academy became the present day Philippine Milita
1938 - The Philippine Constabulary became the existing and organized national police
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created th
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. Th
1985 - The National Police Commission was returned to the office of the President pur
1989 - Executive order 379 placed the Integrated national Police directly under the co
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine Nation
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known
2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line functions and assist in the performance of t
functions
- examples of the staff functions of the police are planning, research, budgeting and legal ad
3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the organization
- examples are training, communication, maintenance, records management, supplies and e
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
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records management,supplies.
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ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions,departments a
or work of the organization
- it is comprised of functions, relationships, responsibilities and authorities of individuals wit
the organization
KINDS OF ORGANIZATIONAL STRUCTURES
1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l level of authority before it can be carried
- involves few departments
2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who are all accountable to the authority abo
c) Complexity of task
d) Education and skill of the employees
3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior position to a lower-level position
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4. HIERARCHY OF AUTHORITY
- the relationship between superiors and subordinates
- serves as the framework for the flow of authority downward and obedience upward
department
HIERARCHY - represents the formal relationship among superiors and subordinates in any g
organization
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom on the basis of rank or position and au
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be responsible for the effective supervision
control.
BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM
The institution of police in the Philippines formally started during the Spanish period. The es
Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains to
able-bodied young men to protect their barangay during the night and were not required to
in the fields during daytime.Among the duties of those selected were to protect the properti
of the people in the barangay and protect their crops and livestock from wild animals.
Spanish Period
Carabineros de Seguridad Publica organized in 1712 for the purpose of carrying the re
of the Department of State; this was armed and considered as the mounted police; years aft
Guardrilleros/Cuardillo this was a body of rural police by the Royal Decree of 18 January
Guardia Civil this was created by a Royal Decree issued by the Crown on 12 February 185
American Period
The Americans established the United States Philippine Commission headed by General How
ACT NO 175 entitled An Act Providing for the Organization and Government of an Insular
Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father
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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.
Act No 255 the act that renamed the Insular Constabulary into Philippine Constabulary, e
Executive Order 389 ordered that the Philippine Constabulary be one of the four service
Post-American Period
RA 4864 otherwise known as the Police Professionalization Act of 1966, enacted on Septem
training and professionalization of the local police forces under the Office of the President; la
Martial Law Period
PD 765 otherwise known as the Integration Act of 1975,enacted on August 8, 1975; estab
- transferred the NAPOLCOM from the Office of the President to the Ministry of National Defe
Post Martial Law Regime
Executive Order No 1012 transferred to the city and municipal government the operatio
Executive Order No 1040 transferred the administrative control and supervision of the I
RA 6975 otherwise known as the Department of the Interior and Local Government Act of
Bureau of Fire Protection, Bureau of Jail Management and Penology and the Philippine Public
RA 8551 otherwise known as the Philippine National Police Reform and Reorganization Act
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum education
- An Act extending for five (5) years the reglementary period for complying with the minimu
Patrol officers - are uniformed officers assigned to monitor specific geographical areas, tha
History of Patrol
1. Ancient China - law enforcement was carried out by prefect. Prefects were government
2. Ancient Greece - publicly owned slaves were used by magistrates as police.In Athens, a
3. Roman empire - the army rather than a dedicated police organization provided security.
praetorian guard if necessary.
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urban cohorts - were created by Augustus to counter balance the enormous power o
vigiles - (watchmen of the city) - were the firefighters and police of ancient Rome.
4. Medieval England - the Anglo-Saxon system of maintaining public order since the Norm
7. Britain and Ireland - in England, a system of sheriffs, reeves and investigative juries t
Reeve - a senior official with local responsibilities under the crown. ex., chief magistr
Jury - is a sworn body of people convened to render impartial verdict officially submit
Henry Fielding - a magistrate educated at Elton college who founded the Bow street
Sir Robert Peel - prime minister of England from Dec. 1834 to April 1835 and again
Patrick Colquhoun - (1745 - 1820) - a Scottish merchant and a magistrate who foun
8. In the US - the first city police services were established in Philadelphia in 1751, Boston
August Vollmer - first police chief of Berkeley California. He is sometimes called the
1. He was the first chief to require that police officers attain college degrees.
2. First police chief to create a motorized force placing officers on
they could patrol broader areas with greater efficiency .
3. He was also the first to use the lie detector in police work.
motorcycles an
O.W. Wilson - studied under August Vollmer. Became Chief of Police of the Fullerton
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2. use of police car for patrol, mobile radios and use of a mobile crime laboratory.
3. he believe that the use of a two way radio allowed better supervision of patrol officers
Community policing - is the process by which an organized group of citizens devoted a tim
Beat patrol - the deployment of officers in a given community, area or locality to prevent a
Sting Operations - organized groups of detectives who deceived criminals into openly com
Hotspots of Crime - the view that a significant portion of all police calls in cities typically r
Models of Policing
Blue Curtain - describes the secrecy and insulation from others in society that is a consequ
Cynicism - the belief that most peoples actions are motivated solely by personal needs and
Civilian Review Board - ex. PLEB - organized citizen groups that examine police miscondu
Watchman - style of policing characterized by an emphasis on maintaining public order.
Fleeing Felon Rule - the oldest standard relating to the use of deadly force.
Beats - designated police patrol areas.
Booking - the administrative record of an arrest listing the offenders name, address, physic
Line Up - placing a suspect in a group for the purpose of being viewed and identified by a w
Stop and Frisk - the situation in which police officers who are suspicious of an individual ru
Foot Patrol - police patrol that takes officer out of cars and puts them in walking beat to str
Excited Delirium - an overdose of adrenaline that can occur in heated confrontation with th
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7. unusual sounds
8. access to roof tops or upper floors
Definition of Terms
1. Section - a primary subdivision of a bureau with a department wide responsibility for pro
specific specialized functions.
2. Unit - a subdivision of a section usually small in size with personnel assigned to perform a
specialized activity, one or two employees performing assigned work.
3. Squad - a subdivision of a unit.
4. Detail - a subdivision of a squad.
5. Precinct -the primary geographic subdivision of the patrol operation bureau.
6. Sector - the primary geographic subdivision of a precinct, supervised by a sergeant.
7. Beat - the primary subdivision of a sector.
8. Watch/Shift - one of several tours of duty.
9. Post - a fixed geographic location usually assigned to an individual officer.
10. Task Force - an adhoc work group normally established by bureau commander to respo
specific incident or series of related incidents. Task Force assignment is temporary.
11. Chief of Police - overall commander of the department.
12. Chain of Command - a fundamental component of proper supervision. The chain of com
requires that each employee reports and is accountable to only one direct supervisor.
Police Operational Planning - the act of determining policies and guidelines for police act
Operational Planning - the use of rational design or pattern for all departmental undertak
Planning - the determination in advance of how the objectives of the organization will be at
command post/holding area - area where case conferences, briefings and debriefin
dragnet operation - is a police operation purposely to seal off the probable exit poin
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3. Directing
4. Controlling
7. Budgeting
Guidelines in Planning
1. What - mission/objective
2. Why - reason/philosophy
3. When - date/time
4. where - place
5. How - strategy/methods
Characteristics of a Good Plan
1. A Plan must have a clearly defined objective
2. A Plan must be simple, direct and clear
3. A Plan must be flexible
4. A Plan must be attainable
5. A Plan must provide standards of operation
6. A Plan must be economical in terms of resources needed for implementation.
Types of Plan
1. Procedural/Policy Plan
2. Operational Plan
3. Tactical Plan
4. Administrative/Management Plan
5. Extra-Departmental Plan
Human Intelligence - category of intelligence derived from information collected and prov
Dead Drop/Dead Letter Box - is a method of espionage trade craft used to pass items bet
Live Drop - 2 persons meet to exchange items or information.
Dead Drop Spike - is a concealment device used to hide money, maps, documents, microfi
Agent Handling - is the management of agents, principal agents and agent networks by in
Case Officer - is an intelligence officer who is trained specialist in the management of agen
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Cryptography - is the practice and study of techniques for secure communication in the pr
Eaves Dropping - Is the act of secretly listening to the private conversation of others witho
Intelligence Cycle - is the process of developing unrefined data into polished intelligence f
1. Direction - intelligence requirements are determined by a decision maker to meet his/he
2. Collection - is the gathering of raw information based on requirements.
3. Processing - converting the vast amount of information collected into a form usable by a
4. Analysis - conversion of raw information into intelligence. It includes:
(1) integrating
(2) evaluating
(3) analyzing data and preparing intelligence product.
5. Dissemination - is the distribution of raw or finished intelligence to the consumer whose
initiated the intelligence requirement.
6. Feedback - is received from the decision maker and revised requirement issued.
Tactical Intelligence - information regarding a specific criminal event that can be used imm
Open Source - refers to any information that can be legitimately obtained e. free on reques
Source - the place or person from which information is obtained.
Intelligence Analysis - is the process of taking known information about situations and en
Cryptanalysis - from the Greek word Kryptos-hidden and Analyein-to loosen or to unite - is
Industrial Security Management
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RA no. 5487 - (as amended by PD no. 11) - Private security agency law.
Private Detective Agency - is any person who for hire or reward or on commission conduc
Private Detective - any person who is not a member of a regular police agency or armed f
PADPAO - Philippine Association of Detective and Protective Agency Operators.
Person convicted of any crime involving moral turpitude shall not be employed as sec
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Private detective, detective agency, security guard, security agency must first obtain
Employees employed solely for clerical or manual work need not be licensed.
The license shall be displayed at all times in a conspicuous and suitable place in the a
The PNP shall exercise general supervision over the operation of all private detective
The City/Municipal Mayors has the power as director of the City/Municipal civil defens
Agency is entitled to possess firearm not exceeding one firearm for every security gua
Security guard is entitled to possess not more than one riot gun or shotgun.
Firearms shall be carried by the security guard only during his tour of duty in proper u
The Chief PNP shall prescribe the uniform, ornaments, equipment and paraphernalia t
Salary of security guard - not lower than the minimum wage prescribe by law.
Who can Issue rules and regulations to carry out the purpose of RA 5487? ans. the
What are the penal provisions for violation of RA5487 or its implementing rules? a
1. Suspension, fine or cancellation of license to operate with the forfeiture f bond filed with t
Chief PNP.
2. Imprisonment ranging from 1 to 4 years and fine, in the discretion of the courts.
Physical security - describes the measures that are designed to deny access to unauthoriz
Security - the predictable state or condition which is free from harm, injury, destruction, int
Physical Security System - a barrier or system of barriers placed between the potential in
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Vigiles (in Rome) - origin of the watchmen although their principal duty was as a fire brigad
Notable security guards:
1.
Frank Wills - detected the Watergate burglars ultimately leading to the resignation o
Target hardening - the reduction in criminal opportunity, generally through the use of phy
Defensible Space - the range of mechanisms that combine to bring an environment under
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3 Line of Defense
1. Perimeter Barrier - 1st line of defense.
2. Building Exterior - 2nd line of defense.
3. Interior Controls - 3rd line of defense.
Perimeter Barrier - main purpose is to deny or impede access or exit of unauthorized pers
Other Purposes
1. It defines the boundary of the property to be secured.
2. It creates a physical and psychological deterrent to unauthorized entry.
3. It delays intrusion, thus facilitating apprehension of intruders.
4. It assists in a more efficient and economical employment of guards.
5. It facilitates and improves the control of pedestrian and vehicular traffic.
Components:
1. Types of Fencing (solid/full view)
2. The top guard
3. Types of Protective Alarms Systems
4. Types of Protective and Emergency Lighting's
5. CCTV Cameras and other Electronic Security Systems/Energy Barriers
Building Exterior - Components:
1. walls
2. Doors
3. Windows
4. Roof Openings
5. Fire Escapes
6. Protective Alarm Systems
7. Protective and Emergency lightnings
8. CCTV Cameras and other Electronic Security Systems/Energy Barriers
Interior Controls - Components:
1. ID Systems
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Natural barriers or features - such as cliffs, ravines, and rivers which delay or make more
Barriers - any line of boundary and separation, natural or artificial, places, or serving as lim
Structural barriers - features constructed by man regardless of their original intent that te
Human barriers - guards, charges of quarters, office personnel, shop workers etc. who stan
Animal barriers - usually guard dog. ex. trained German shepherds used as guards, goose
Energy barriers - usually electrical or electronics devices used to provide assistance to gua
Full view fence - it is designed primarily to prevent physical access between two areas. Co
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Visitor control - the measures used would depend on the sensibility of the installation but
1. Escort - expensive but most secure
2. Time travelled - if there is a long delay or time lapse between the departure and arriva
may be required to show cause for the delay.
3. Visitors logs - should contain identifying data, reasons of visit, time in and hour etc.
4. Visitors entrances - separate access for visitors and separate for employees .
Utility and maintenance personnel - escort system could be used. If these people visit the in
Package control - there should be provisions made to check packages being taken in and tak
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4. Grid system - a very complicated system. The installation is divided into grid ad squares
Each square is given a no. or letter designation. The visitor is then given a map and sh
route to take to his destination and should not deviate from the prescribed route, othe
could be stopped and questioned by the guards.
5. Search of vehicles - sign should be put at the entrance to the installation that any vehicl
subject to search anytime.
Kinds of Alarms
1. Intrusion alarm - any detecting devices using electric and their combinations to signal an
when actuated.
2. Laser beam alarm - a laser emitter floods the wall or fence with a beam so that when this
disturbed by a physical object, an alarm is activated
3. Photocell alarm - an invisible or visible beam is emitted and when disturbed, it activates a
or mechanical device that opens a door or lift movable barriers, activated by light.
Security Survey - The detailed check and audit of what an installation or plant does not ha
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7. Espionage
8. Pilferage
9. Theft
10.Vandalism
3 Aspects of Security
1. Physical Security - measures taken to prevent physical access or entry to an installation
2. Personnel Security - measures taken to insure that only authorized personnel have acce
classified documents or information.
3. Document and Information Security
Types of Security
1. Physical Security - the most broad.
2. Industrial Security - security of business installations and industrial plants.
3. VIP Security - protection of high level officers and important personnel.
4. Bank Security - security of money and assets stored or in transit.
5. Hotel Security - security for hotel guest and their personal belongings and property as w
properties of the hotel.
6. Document security - protection of vital records from loss or unauthorized access.
7. Communication Security - measures to prevent or delay the unauthorized person in gain
information through communication.
Physical Security
* Protective barrier - is the physical type of security.
* Barrier - any structure or physical device capable of restricting, deterring, delaying illegal
installations.
* Perimeter barrier - a medium or structures which define the physical limits of an installati
to restrict or impede access thereto. Any physical barrier used to supplement the protec
inside perimeter.
* Inside Perimeter - a line of protection adjacent to the protected area and passing through
possible entry into the area. ex. doors and windows
* Outside perimeter - a line of protection but somewhat removed from the protected area.
Types of Perimeter Barrier Opening
1. Gates and Doors
2. Elevators
3. Air intakes,Exhaust tunnels
4. Clear Zone
5. Top Guard
6. Guard Control Stations
7. Tower
8. Barrier maintenance
9. Sign and Notices
Protective Alarms - supplemental physical barriers in a form of sound that cause alarm ins
Types of Alarm Systems
1. Metallic foil wire
2. Ultrasonic Detection Device
3. Vibration Detection Device
4. Microwave Motion Detection Device
5. Audio Detection Device
6. Photo Electric or Electric Eye
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Kinds of Alarms
1. Bill Traps
2. Foot Rail Activator
3. Knee or thigh button
4. Foot button
5. Double squeeze button
Types of Keys
1. Master Key - a special key of opening a series locks.
2. Grand Master Key - a key that will open everything in a system involving two or more
groups.
3. Change Key - a key to a single lock within a master keyed system.
4. Sub Master Key - a key will open all lock with a particular area or grouping in a given
Types of Security Cabinets
1. Safe
2. vault
3. File Room
Protective Cabinets - considered as the third line of defense against unauthorized persons
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Key Control - a system of controlling keys devised and regulated for disposal, storage and
Close-in Security Formations
1. One Man Security - 360 degrees coverage.
2. Two Man Security - Each guard has 180 degrees coverage.
3. Three Man Security - has equal areas of coverage
4. Four Man Security
5. Five Man Security - modified diamond.
6. Six Man Security - (defensive circle) too much crowd requires arm lock formation.
Note: Six Man Security is the most effective.
Relative Weight
20%
20%
15%
20%
15%
10%
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a corporation
an individual person
no incarceration
Note: Consuls, Vice Consuls, and other foreign commercial representatives cann
privileges and immunities accorded to ambassadors and ministers.
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Territorial - Penal laws of the Philippines are enforceable only within its territory.
Exception: Art. 2 of the RPC - binding even on crimes committed outside the Philipp
1. Offenses committed while on a Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines or ob
securities issued by the government.
3. Introduction into the country of the abovementioned obligations and securi
4. While being public officers and employees, an offense is committed in the e
their functions.
5. Crimes against the National Security and the Law
of the Nations.
Prospective - The law does not have any retroactive effect.
Exception: When the law is favorable to the accused.
2. Positivist Theory - basis is the sum of social and economic phenomena which conditions m
3. Mixed Theory - combination of the classical and positivist theories wherein crimes that are
Construction of Penal Laws
1. Liberally construed in favor of offender.
Example: a. The offender must clearly fall within the terms of the law.
b. An act is criminal only when made so by the statute.
2. In cases of conflict with official translation, original Spanish text is controlling.
3. No interpretation by analogy.
Limitations on Power of Congress to Enact Penal Laws
1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the constitution.
4. Law which imposes cruel and unusual punishments nor excessive fines.
Criminal Procedure
Introduction:
Etymology:
Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of a
It is concerned with the procedural steps through which a criminal case passes, commencing
It is a generic term used to describe the network of laws and rules which govern the procedu
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Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has th
Subject matter cases of the general class where the proceedings in question belong as det
Territory the geographical limits of the territory over which the court presides and where th
Person of the accused acquired thru: a) arrest [with warrant or warrantless] or b) voluntary
I. Prosecution of Offenses
How instituted?
By filing the:
1) Complaint, or 2) Information.
Complaint
A sworn written statement charging a person with an offense executed and subscribed by th
Information
1. An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.
Elements of a complaint or information:
1. Formal elements, and
2. Substantive elements.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form an
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]
1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.
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II. If defective in substance No obligation is imposed on the judge to point out the duplicito
Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically
Examples:
Articles of Impeachment in an impeachment proceedings Presidential Election Protes
This is not so in criminal proceedings. It is incumbent upon the accused to object on substan
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense
No. JP cannot claim that the information is defective in substance. This is so because self-de
Any explanation or defense which the defendant may want to invoke can be properly raised
Distinction between Acquittal and Dismissal:
1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio 1private offen
2. For some offenses, there are conditions precedents before plaintiff can repair to the court
3. All criminal actions, whether commenced by filing of complaint or information, are under
Queries:
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a g
Exception:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accuse
No. Because in case of conflict between the designation of the offense and the allegations, t
The exception is when the allegation is so ambiguous that it may be interpreted to mean eit
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
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When the infraction falls under the class of offenses called victimless crimes like gambling, b
Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of c
Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a crimin
Is there a prejudicial question? Why?
2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill h
Is there a prejudicial question? Why?
Note:
Prejudicial question is subject to the principle that he who comes into court must come with
III. Preliminary Investigation
Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigatio
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Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, sup
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official c
1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no dismis
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10
Clarificatory hearing if there are facts and issues to be clarified from a party or witness Resolution within 10 days after the investigation.
Forwarding of fiscals resolution to superiors within 5 days
Superiors shall act on the resolution within 10 days
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be boun
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, b
How made:
As to the manner of enforcement, by:
1) Actual restraint, or
2) Submission to the custody of the person making arrest
As to the presence or absence of judicial order:
1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:
1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest when in his presence, the person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
Translation: In flagrante delicto [latin] Literally, caught in the act of wrong.
2. Hot Pursuit arrest when an offense has just been committed and he has probable cause
Tests in determining probable cause based on personal knowledge:
Must be based on the senses, i.e.
1) Sight
2) Hearing
3) Smell
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Notes:
A. The arresting officer must have personal knowledge of the commission of the crime throu
B. The term personal knowledge excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process cann
D. For purposes of arrest Officer may break into any building or enclosure where the perso
E. For purposes of search and seizure he cannot break into any building or enclosure witho
3. Arrest of fugitives from justice persons who has escaped from a penal establishment, pla
Methods of Arrest:
I. With warrant, by officer:
The officer shall inform the person of:
1) the cause of the arrest
2) fact that warrant exist
Exception: 1) When he flees or forcibly resist before 1 & 2 is completed
2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private persons:
Inform the person of
Where the precipitate action of the arresting officer resulted in the loss of a human life and t
2) Test of necessity conduct of the person arrested is examined.
Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess k
V. Bail
Kinds of bail bonds:
1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody of the law, furnished by him or a bo
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Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction o
Exception:
When the person under investigation cannot personally appear because he is hospitalized b
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
Conditions for bail:
See Sec. 2, Rule 114
Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz
De la Rama v. Peoples Court, 77 Phil. 461 accused was granted bail due to tuberculosis tha
People v. Sison, GR 398, September 19, 1946 humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation i
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa
4. In extradition proceedings, bail may be granted provided the accused undertake to submi
VI. Rights of the accused
Rights may be waived, unless the waiver is contrary to law, public order, public policy, mora
In all criminal prosecutions, the accused shall be entitled to the following rights:
Key:
[PIPTEC CoSpA]
P resumed innocent
I nformed of the nature of the cause and accusation
P resent in person and by counsel
T estify in his own behalf
E xempt from being compelled to be a witness against himself
C onfront witnesses
C ompulsory process to secure attendance of witnesses and production of other evidence
S peedy, impartial and public trial
A ppeal
1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
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Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in t
Burden of proof the duty of the affirmative to prove what it alleges. (Africa, The Art of Argu
Absolute certainty is not demanded by the law to convict but only moral certainty.
2) To be informed of the nature and cause of the accusation against him.
Essential to avoid surprise and to afford him the opportunity to prepare his defense accordin
Arraignment serves this purpose by informing him why the prosecuting arm of the state is m
An accused cannot be convicted of an offense unless it is clearly charged in the compliant o
3) To be present and defend in person and by counsel at every stage of the proceedings, fro
4) To testify as a witness in his own behalf but subject to cross-examination on matters cove
5) To be exempt from being compelled to be a witness against himself.
Right to testify in his own behalf:
Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incrimin
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine sampl
6) To confront and cross-examine the witnesses against him at the trial.
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witnes
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7) To have compulsory process issued to secure the attendance of witnesses and production
Compulsory process refers to the issuance of the court of:
Sub-poena for the attendance of witnesses
Sub-poena duces tecum for the production of documents
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poen
B. The coercive powers of the court must be employed in order to give meaning to this right
8) To have speedy, impartial and public trial.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (M
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: Public trial and Trial by publicity are two different things. They are not the same. T
9) To appeal in all cases allowed and in the manner prescribed by law.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid
It is not a natural right or inherent one. The party who seeks to avail of the said right must c
VII. Arraignment and Plea
Arraignment:
Note:
In order for the Court to acquire complete jurisdiction over the person of the accused, arra
Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea
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In case of failure of the offended party to appear despite due notice conformity of prosecut
Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly t
Scope of the Bill of Particular:
Bill of Particulars is a remedy for formal defects and not substantive defects.
The remedy against an indictment that fails to allege the time of the commission of the offe
[See discussion in: Elements of Complaint and Information, remedy in case complaint or info
Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is m
Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agu
Notes:
1) Arraignment is important for notifying the accused of the cause he is required to meet. Th
2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)
Evidence
I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:
As an element of our Criminal Justice System, it is the duty of every law enforcement agenci
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Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherw
B. Connecting the chain of events through Evidence during Trial:
Trial refers to the examination before a competent tribunal, according to the laws of the lan
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct t
C. Factum Probandum and Factum Probans
Factum Probandum The ultimate facts to be proven. These are the propositions of law.
Examples:
murder was committed thru treachery
robbery was made through force upon things
Factum Probans The evidentiary Facts. These addresses questions of fact.
Examples:
exit wounds were in front indicating that victim was shot at the back
destroyed locks indicative of force upon things
Evidence the means to arrive at a conclusion. Under the Revised Rules of Court, evidence
Proof the result of introducing evidence. The establishment of a requisite degree of belief i
Quantum of evidence the totality of evidence presented for consideration
Quantum of proof refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence the duty of a party of going forward with evidence.
Burden of proof the duty of the affirmative to prove that which it alleges.
Variations on degrees of proof based on type of action:
1.
2.
3.
Criminal Action proof beyond reasonable doubt [that degree of proof which produces
Civil Action preponderance of evidence [evidence of greater weight or more convinci
Administrative Action sufficiency of evidence [that amount of relevant evidence wh
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so becau
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtaine
F. Principle of Chain of Custody of Evidence
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If the evidence is of a type which cannot be easily recognized or can readily be confused or
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. d
due to the application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in co
regard to the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1.
2.
Whether or not the factual information tendered for evaluation of the trial court would be he
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in its:
1) existence, or
2) non-existence
In other words, evidence is relevant when it is:
1) material, and
2) has probative value
What is meant by probative value?
It is the tendency of the evidence to establish the proposition that it is offered to prove.
Collateral Matters not admissible except when it tend in any reasonable degree to establis
Collateral matters matters other than the fact in issue and which are offered as a basis f
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3.
Subsequent circumstances facts existing after the commission of the crime [i.e. flig
extrajudicial admission to third party, attempt to conceal effects of the crime, pos
stolen property, etc.]
Judicial notice is based on necessity and expediency. This is so because what is known need
Different kinds of judicial notices:
1. mandatory
2. discretionary
3. hearing required
C. Confession and Admission, distinguished:
Confession an acknowledgement of guilt.
Admission an acknowledgment of facts.
Different kinds of confession/admission:
1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
17. Demeanor evidence the behavior of a witness on the witness stand during trial to be
by the judge on the issue of credibility.
18. Demonstrative evidence evidence that has tangible and exemplifying purpose.
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19. Hearsay evidence oral testimony or documentary evidence which does not derive its
from the credit to be attached to the witness himself.
20.Testimonial evidence oral averments given in open court by the witness.
21. Object/Auotoptic proferrence/Real evidence those addressed to the senses of the
hearing, smell, touch, taste).
22. Documentary evidence those consisting of writing or any material of written express
proof of its contents containing letters, words, numbers, figures, symbols or
Yes. A forged or spurious document when presented in court for examination is considered a
Secondary Evidence
When the
1.
2.
3.
adverse party adverse party must have reasonable notice to produce it. After such
satisfactory proof of its existence, he fails to produce it, secondary evidence may b
public officer contents may be proved by certified copy issued by the public officer
thereof.
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by
by
by
by
a co-partner or agent
a conspirator
privies
silence
In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowl
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
IV. BURDEN OF PROOF AND PRESUMPTIONS:
Burden of proof the duty of a party to present evidence on the facts in issue necessary t
Presumption an inference as to the existence of a fact not actually known, arising from it
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] based on rules of substantive law whic
overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] b
procedural rules and may be overcome by evidence to the contrary.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Cou
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and
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Direct examination the examination in chief of a witness by the party presenting him on th
Cross examination the examination by the adverse party of the witness as to any matter s
Re-cross examination second questioning by the adverse party on matters stated on the re
Different Types of Questions:
Leading questions It is one where the answer is already supplied by the examiner into the m
Misleading question a question which cannot be answered without making an unintended a
Compound question a question which calls for a single answer to more than one question.
Argumentative question a type of leading question which reflects the examiners interpreta
Speculative question a question which assumes a disputed fact not stated by the witness a
Conclusionary question a question which asks for an opinion which the witness is not quali
Cumulative question a question which has already been asked and answered.
Harassing/Embarrassing question [Ex. Are you a homosexual?]
Classes of Documents:
Documents are either public or private.
Verba legis non est decendendum from the words of the law there can be no departure
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Dura lex sed lex the law may be harsh but it is the law.
Ignorantia legis neminem excusat ignorance of the law excuses no one.
Ignorantia facti excusat mistake of fact excuses.
Praeter intentionem different from that which was intended.
Error in personae mistake in identity.
Actus non facit reum, nisi mens sit rea the act cannot be criminal where the mind is n
Actus mi invictu reus, nisi mens facit reum an act done by me against my will is not m
Mens rea guilty mind.
Actus reus guilty act.
Res ipsa loquitor the thing speaks for itself.
Causa Proxima proximate cause which produced the immediate
effect.
Prima facie at first glance.
Locus Criminis scene of the crime or crime scene.
Pro Reo principle in Criminal Law which states that where the statute admits of several in
Res Gestae the thing itself.
Falsus in unum, falsus in omnibus false in one part of the statement would render the
Crime detection begins with the discovery of a crime scene and proceeds through the proce
Crime prevention and detection is the major task of the police. In carrying out this task, the
What are the goals of policing?
1. To protect life and property
2. To maintain peace and order
3. To enforce the law
4. To prevent and detect crimes
5. To assist the public in circumstances of personal emergency
Problem Oriented Policing - police patrol personnel look at causes of crime and potential
Community Policing - crime prevention methods involving the wider community.
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Deterrence by Example - a reactive form of policing and crime prevention through the sig
Crime Prevention - is the anticipation, recognition, and appraisal of a crime risk and the in
Whose responsibility is crime detection? ans. police, though special law enforcement a
Whose responsibility is crime investigation? ans. police and other law enforcement age
Crime Detection Falls Into 3 Phases
1. The discovery that a crime has been committed.
2. The identification of the suspect
3. The collection of sufficient evidence to indict the suspect before the court of justice.
Fundamentals of Criminal Investigation
Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts con
- it is the process of inquiring, eliciting, soliciting and getting vital information, fa
Criminal Investigator - a public safety officer who is tasked to conduct the investigation o
- a well trained, disciplined and experienced professional in the field of criminal
Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases w
Crime scene - a venue or place where the alleged crime/incident/event has been committe
Corpus delicti - (latin for the body of the crime) - used to describe the physical or material
Organized criminal group - a structured group of three or more persons existing for a per
Organized crime - a combination of two or more persons who are engaged in a criminal or
Physical evidence - evidenced addressed to the senses of the court that are capable of be
Miranda vs. Arizona - Ernesto Miranda had confessed to rape and kidnapping, after two ho
Waterboarding - refers to the practice of strapping a suspect to a board with his or her hea
Chinese water torture - interrogation technique, repeatedly dripping water on the forehea
Serial Killer - is someone who murders 3 or more people with "cooling off" periods in betwe
Police Blotter - is an 18" x 12" logbook with hard bound cover that contains the daily regis
Actus Reus - proof that a criminal act has occurred.
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Sketch - a rough drawing or painting, often made to assist in making a more finished pictur
Types of Sketches
1. Floor plan (Birds Eye View)
2. Elevation Drawing
3. Exploded View
4. Respective Drawings
Allan Pinkerton - a Scottish american detective who created the Pinkerton National Detect
1. Information - data gathered by an investigator and other person including the victim h
1. public records
2. private records
3. modus operandi file
2. Interview - skillful questioning of witness and suspects.
3. Instrumentation - scientific examination of real evidence, application of instruments an
physical sciences in detecting crime.
Phases of investigations
1.Phase 1 - identify the suspect through:
1. confession
2. eyewitness testimony
3. circumstantial evidence
4. associate evidence
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1. Photographs
2. Sketching crime scenes
3. Written notes (what you have seen/observed)
4. Developing and lifting fingerprints found at the crime scene.
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of objects
9. Written statement of objects and witnesses.
2 Kinds of Information
1. Regular sources - ex. citizen, company records
2. Cultivated sources - ex. paid informant
Types of Interview
1. Informal (on the scene interview) - conducted by police/investigator at the crime scene t
description of criminal if seen.
2. Formal - interview conducted by the investigator assigned to the case.
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2. Forcefulness of personality
3. Breadth of interest
Setting of Interview
1. Background Interview - time and place of interview are not a consideration except for bu
person.
2. Routine Criminal Cases - interview should be carefully planned. Busy person can be inter
at night, privacy is important.
3. Important Criminal Cases - should be conducted in places other than the subjects home/
prevent him/her feeling confident. Investigator should get interviewees respect.
4. Appropriate Time - General rule - (ASAP) as soon possible while facts are fresh in the m
interviewees.
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3. Kidnapping
4. Abortion
5. Rape
6. Murder
7. Homicide
8. Carnapping
9. Criminal Negligence, Hit and Run cases
10.Drug Cases
11.Bombing
12.Swindling
Fire - exothermic reaction involving the oxidation of some substance (fuel) resulting in the r
Fire Quadrangle
1. Fuel
2. Oxygen
3. Heat
4. Ignition energy
Triangles of Fire
1. Fuel
2. Oxygen
3. Heat
- removal of any of these results in the suppression of the fire.
Some major products of combustion
1.
water
2. carbon dioxide
3. carbon monoxide
4. oxides of sulfur
Definition of terms
1.
Vapor Density - the density of the vapor relative to the density of air and is calculat
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2.
Flash point - the lowest temperature at which liquid fuel produces a flammable vap
3.
Fire point/flame point - the lowest temperature at which liquid fuel produces a flamm
sufficient quantity such that if a source of ignition is introduced, the vapour will ignite a
a few degrees above the flash point
Ignition/auto-ignition temperature - the temperature at which a fuel will ignite on it
any additional source ignition.
Thermal inertia - the ease at which a material can be ignited.
Heat release rate - is a measure of the amount of energy a specific type of fuel can co
heat flux in a fire.
Heat transfer - the mechanism in which fire can spread from its origin to other sources
4.
5.
6.
7.
Glowing combustion - occurs when solid fuels are not capable of producing sufficien
Flaming combustion -commonly recognized type of fire and occurs with gaseous fu
Spontaneous combustion - the ignition of organic matter with out apparent cause,
Explosive combustion - can occur when vapors, dust of gases, premixed with appro
Definition of Terms:
Arson - intentional or malicious destruction of property by fire.
Fire analysis - the process of determining the origin, cause and responsibility as well as th
Fire cause - the circumstances or agencies that bring a fuel and an ignition source togethe
Fire spread - the movement of fire from one place to another.
Flash fire - a fire that spreads with extreme rapidity such as the one that races over dust, o
Fuel load - the total quantity of combustible contents of the building, spaces or fire area, in
Point of origin - the exact physical location where a heat source and fuel comes in contact
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Administrator - any person who acts as agent of the owner and manages the use of a build
Blasting Agent - any material or mixture consisting of a fuel and oxidizer used to set off ex
Cellulose nitrate or Nitro cellulose - a highly combustible and explosive compound prod
Combustible fiber - any readily ignitable and free burning fiber such as cotton,oakum,rags
Combustible liquid - any liquid having a flash point at or above 37.8 degrees Celsius or 10
Corrosive liquid - any liquid which causes fire when in contact with organic matter or with
Cryogenic - descriptive of any material which by its nature or as a result of its reaction with
Damper - a normally open device installed inside an air duct system which automatically c
Distillation - the process of first raising the temperature to separate the more volatile from
Duct system - a continuous passageway for the transmission of air.
Dust - a finely powdered substance which when mixed with air in the proper proportion and
Electrical arc - an extremely hot luminous bridge formed by passage of an electric current
Ember - a hot piece or lump that remains after a material has partially burned and is still ox
Finishes - materials used as final coating of a surface for ornamental or protective purpose
Fire - the active principle of burning characterized by the heat and light of combustion.
Fire Trap - a building unsafe in case of fire because it will burn easily or because it lacks ad
Fire Alarm - any visual or audible signal produced by a device or system to warn the occup
Fire door - a fire restrictive door prescribed for openings in fire separation walls or partition
Fire Hazard - any condition or act which increases or may cause an increase in the probabi
Fire Lane - the portion of a roadway or public way that should be kept opened and unobstru
Fire Protective and Fire Safety Device - any device intended for the protection of buildin
Flash Point - the minimum temperature at which any material gives off vapor in sufficient c
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Forcing - a process where a piece of metal is heated prior to changing its shape or dimensio
Fulminate - a kind of stable explosive compound which explodes by percussion.
Horizontal exit - passage way from one building to another or through or around a wall in a
Hose Box - a box or cabinet where fire hoses, valves and other equipment are stored and a
Hose Reel - a cylindrical device turning on an axis around which a fire hose is connected.\.
Hypergolic fuel - a rocket or liquid propellant which consist of combinations of fuels and ox
Industrial Baking and Drying - the industrial process of subjecting materials to heat for th
Jumper - a piece of metal or an electrical conductor used to bypass a safety device in an ele
Occupancy - the purpose for which a building or portion thereof is used or intended to be u
Occupant - any person actually occupying and using a building or portions thereof by virtue
Organic Peroxide - a strong oxidizing organic compound which release oxygen readily. It c
when in contact with combustible materials especially under conditions of high temperature
Overloading - the use of one or more electrical appliances or devices which draw or consum
Owner - the person who holds the legal right of possession or title to a building or real prop
Oxidizing Material - a material that readily yields oxygen in quantities sufficient to stimula
Pressurized or Forced Draft Burning Equipment - type or burner where the fuel is subje
Public Assembly Building - any building or structure where 50 0r more people congregate
Public Way - any street, alley or other strip of land unobstructed from the ground to the sky
Pyrophoric - descriptive of any substance that ignites spontaneously when exposed to air.
Refining - a process where impurities and,or deleterious materials are removed from a mixt
Self Closing Doors - automatic closing doors that are designed to confine smoke and heat
Standpipe System - a system of vertical pipes in a building to which fire hoses can be atta
Vestibule - a passage hall or ante chamber between the outer doors and the interior parts
Vertical Shaft - a enclosed vertical space of passage that extends from floor to floor as wel
RA no.9514 - Revised Fire Code of the Philippines of 2008 (Dec. 19, 2008).
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PD. 1185 - known as the fire code of the Philippines, was enacted into law 1977, repealed b
RA no. 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology Profes
BFP Powers/Functions
1. Preventions and suppression of all destructive
fires on
a. buildings
b. houses
c. other structure
d. forest
e. land transportation vehicles
f. ships/vessels
g. petroleum industry installations
h. plane crashes and similar incidents
2. Enforcement of the Fire Code of the Philippines
3. Investigate all causes of fire
4. File proper complaints with the prosecutors office
BFP Organization
Headed by a Chief who shall be assisted by a Deputy Chief. It shall composed of a Pro
In large cities and municipalities, district offices may be established with subordinate
There shall be at least one fire station in every provincial, capital, city and municipalit
The local government unit shall provide the site of the fire station.
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a. Must have finished at least 2nd year Bachelor of Laws or earned at least 12 units in a m
degree program in public administration, management, engineering, public safety, c
other related discipline.
b. Must have satisfactory passed the necessary training of career courses for such positio
established by the fire bureau.
2. City Fire Marshal - should have the rank of Chief Inspector.
a. Must have finished at least 2nd year Bachelor of Laws or earned at least 24 units in a m
degree program in public administration, management, engineering, public safety, crim
other related disciplines.
b. Must have satisfactory passed the necessary training or career courses for such positio
may be established by the fire bureau.
3. District Fire Marshal/Provincial Fire Marshal Assistant Regional Director for Administrati
Assistant Regional Director for Operations/ Chief of Directorial Staff - should have the rank
Superintendent.
a. Must be a graduate of Bachelor of Laws or a holder of a Masters degree in public admin
management, engineering, public safety, criminology, or other related disciplines.
b. Must have satisfactory passed the necessary training or career courses for such positio
established by the fire bureau.
4. District Fire marshal for the NCR/Regional Director for Fire Protection/Director of the D
the National Headquarters Office - should have at least the rank of Senior Superintende
a. Must be a graduate of Bachelor of Laws or a holder of masters degree in public adminis
management, engineering, public safety, criminology, or other related disciplines.
b. Must have satisfactory passed the necessary training or career course for such position
be established by the fire bureau.
5. Deputy Chief for Administration and Deputy Chief for Operation of the Fire Bureau - s
rank of Chief superintendent.
a. Must be a member of the Philippine Bar or must be a holder of a masters degree in pub
administration, management, engineering, public safety, criminology or other related d
b. Must have satisfactory passed the necessary training or career courses as may be esta
fire bureau.
6. Chief of the Fire Bureau - should have the rank of Director.
a. Must be a member of the Philippine Bar or a masters degree in public administration,
management, engineering, public safety, criminology or other related discipline.
b. Must satisfactory passed the necessary the training or career courses for such position
established by the fire bureau.
Traffic Operation and Accident Investigation
Traffic - may consist of pedestrians, ridden or herded animals, vehicles, street cars and othe
Traffic laws - laws which govern traffic and regulate vehicles.
Traffic signs/road signs - are signs erected at the side of the roads to provide information
Rules of the road - are the laws and the informal rules that may have developed overtime
Right of way - is a strip of land that is granted, through an easement or other mechanism f
- the legal right, established by usage or grant, to pass along a specific route thro
belonging to another.
Traffic signal/Traffic light - a visual signal to control the flow of traffic at intersections.
Highway - any public road. A main road especially one connecting major town or cities.
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Speed limit - define the maximum, minimum or no speed limit and are normally indicated u
Hit and run - is the act of causing a traffic accident and failing to stop and identify oneself
Traffic accident - occurs when a vehicle collides with another vehicle, pedestrian, animal, r
Mary Ward - worlds first road traffic death including a motor vehicle, is alleged to have occ
Causes of traffic accidents
1. Human factors - ex. driver behavior, visual and auditory acuity, intoxication, decision
2. Motor vehicle speed.
3. Driver impairment - factors that prevent the driver at their normal level of skill. Comm
4. Road design
5. Vehicle design and maintenance
seat belts - wearing seat belts reduces the risk of death by two thirds.
maintenance - a well designed and maintained vehicle with good breaks, tires and we
center of gravity - roll overs have become common due to increased popularity of tall
Skid mark - is the mark a tire makes when a vehicle wheel stops rolling and slides or spins
one form of trace evidence, when their size and shape can reveal much about the veh
the length of the skid mark is closely related to the vehicle speed at the instant of bre
Locard exchange principle - was postulated by Edmong Locard in the 20th century wh
1. acceleration marks - created on acceleration if the engine provides more power tha
2. braking marks - if the brakes "lock-up" and cause the tire to slide.
3. yaw marks - if the tire slide sideways.
RA 4136 - Land Transportation and Traffic code of the Philippines.
Coefficient of Friction - is a dimensionless scalar value which describes the ratio of the for
Rail Adhesion - grip wheels of a train have on the rails.
Split Friction - dangerous condition arising due to varying friction on either side of a car.
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Road Texture - affects the interaction of tires and the driving surface.
Profilograph - devised used to measure pavement surface roughness.
Tribometer - an instrument that measures friction on a surface.
Traffic Waves - "stop waves" "traffic Shocks" - are traveling disturbances in the distribution
Traffic Flow - the total number of vehicles passing a given point in a given time. Traffic flow
Traffic Congestion - "traffic jam" - is a condition on roads, streets or highways that occurs
Characteristics of Traffic Congestion
1. Slow speed of vehicles
2. Longer travel time
3. Increased vehicle queuing
Classical Theories of Traffic Flow
1. Free flow
2. Congested traffic
China - (Beijing-Zhangjiakou province) - is considered the worlds worst traffic jam ever as tr
Brazil - (Sao Paolo) - has the worlds worst daily traffic jams.
France - (A6 Auto-route) - between Paris and Lyon was considered the worlds longest traffic
Duties/Function of the DDB -To develop and adopt a comprehensive, integrated, unified a
Composition of the DDB
1. 3 permanent members
2. 2 regular members
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3. 12 ex officio members
The 12 ex officio members are the following:
1. DOJ secretary or his/her representative
2. DOH secretary or his/her representative
3. DND secretary or his/her representative
4. DOF secretary or his/her representative
5. DOLE secretary or his/her representative
6. DILG secretary or his/her representative
7. DSWD secretary or his/her representative
8. DFA secretary or his/her representative
9. DECS secretary or his/her representative
10.CHED chairman or his/her representative
11.National Youth Commission chairman or his/her representative
12.PDEA director general
The Department Secretary's representative shall in no case be lower than Under Secr
The President shall designate a Chairman of the DDB from among the 3 permanent m
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Term of office of the permanent members of the DDB - 6 years and until their success
The PDEA shall be headed by a Director General with the rank of undersecretary.
The PDEA Director General shall be appointed by the President of the Philippines.
The PDEA Director General and the 2 Deputy Director General must possess adequate
They shall have a rank of Assistant Secretary and both are appointed by the Presiden
PDEA Academy - Shall be established either in Baguio City or Tagaytay City and in such othe
PDEA Academy shall be headed by a Superintendent with the rank of Director. He sha
1. Depressant - "downers" - a drug reducing functional or nervous activity. Lower the lev
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2. Narcotics
3. Tranquilizers
4. Stimulants
5. Hallucinogens
6. Solvents/Inhalants
Classifications of Drugs according to Legal Categories
1. Prohibited Drugs
2. Regulated Drugs
3. Volatile substances
Golden Triangle of Drug Trafficking
1. Laos
2. Thailand
3. Burma
The Golden Crescent
1. Afghanistan
2. Pakistan
3. Iran
4. India
Classification of Drug user/Abuser
1. Situational user - those who use drugs to keep them awake or for additional energy to
2. Spree user - school age user who take drugs for "kicks", adventure, daring experience
3. Hardcore addicts - those whose activities revolves almost entirely around drug use an
4. Hippies - Those who are addicted to drugs believing that drug is an integral part of life
Commonly abused drugs:
1. Sedatives - are depressant drugs which reduce anxiety and excitement such as barbit
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2. Stimulants - are drugs which increase alertness and activity such as amphetamine, co
4. Narcotics - drugs that relieve pain and often induce sleep. This includes opium and its
5. Solvents - volatile substances which are found to be the most commonly abused.
Primary causes of drug addiction:
1. Pride - excessive feeling of self worth or self esteem or sense of self importance.
2. Anger - against, himself, family, friends and society in general.
3. Lust - burning sexual desire can distort the human mind to drug abuse.
4. Gluttony - "food trip" in the lingo of junkies.
7. Laziness - "i cant syndrome" incapacity to achieve is a breeding ground of drug abuse
Warning Signs of Commonly Abused Drugs
1. Marijuana
loud talking
2. Depressant
contracted pupils
drunk-like
difficulty concentrating
clumsiness
poor judgement
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dilated pupils
hyperactivity
euphoria
irritability
anxiety
weight loss
watery eyes
secretions from the nose or rashes around the nose and mouth
appearance of intoxication
drowsiness
changes in appetite
anxiety
irritability
dilated pupils
mood swings
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slurred speech
confusion
6. Heroin
contracted pupils
needle marks
sweating
vomiting
coughing, shiffling
twitching
loss of appetite
7. Alcohol
clumsiness
difficulty walking
slurred speech
sleepiness
poor judgement
dilated pupils
8. Tobacco/Nicotine
smell of tobacco
stained fingers or teeth
Analgesic - any drugs such as salicylates, morphine or opiates used primarily for the relief
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After operation report - it is a report that may be rendered after any successful pol
After soco report - it is a report rendered by the team leader of the SOCO that cond
Agreement - Proposal. A proposal remains an offer even if not answered and irrespec
Book of account - a book containing charges and showing a continuous dealing with
Case officer - the person responsible for and in charge of the investigation of the cas
Police blotter - a record or log where all types of operational and under cover dispat
Criminal Sociology
Criminal sociology - investigates the social causes of criminal behavior in an effort to ultim
Criminology Theories
1. Strain Theory - people has aspirations like wealth and education. There goals are blocke
2. Learning Theories - follow the lead of Sutherland's theory of differential association. Cri
3. Control Theories - focuses on the relationship of a person to their parents, teachers, offi
4. Labelling Theory - People who are branded as criminals will eventually criminal.
5. Conflict Theory - society is based on conflict between competing interests group.
6. Radical Theory - crime is seen as a reflection of class struggle.
7. Left Realism - people of the working class prey upon one another. Poor people victimize
8. Peacemaking Theory - making "war on crime" will not work. Making peace is the solutio
9. Feminism - crime cannot be understood without considering power is exercise by men
10. Critical Theory - Inequality in power and material well being create conditions that lead
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11. Social Disorganization - disorganized communities cause crime because informal soc
12. Classical - crime occurs when the benefits outweigh the costs, when people pursue self
13. Positivist - Crime is caused or determined. Placed more emphasis on biological deficien
14. Individual Trait - criminals differ from non criminals on a number of biological and soc
15. Differential Association - crime is learned through associations with criminal definition
16. Anomie - the gap between a persons goal or economic success and the opportunity to
17. Rational Choice - Building on classical theory, crime is seen as a choice that is influen
18. Routine Activities - crime occurs when their is an intersection in time and space of a m
19. Developmental Life Course - crime causation is a developmental process that starts
20. Integrated - these theories use components from other theories, usually strain, control
Introduction to Criminology
Criminology - the scientific study of crime and criminal behavior and law enforcement.
3 Main School of Thought
1. Classical school
2. Positivist school
3. Chicago school
Classical school - based on utilitarian philosophy developed in the 18th century. This schoo
1. That people have free will to choose how to act.
2. Deterrence is based upon the notion of the human being as a hedonist who seeks ple
3. Punishment of sufficient severity can deter people from crime as the cost (penalties) o
4. The more swift and certain the punishment, the more effective it is in deterring crimin
Prominent Philosophers of Classical school
1. Cesare Becarria - author of crimes and punishment.
Positivist school - presumes that criminal behavior is caused by internal and external fact
Positivism can be broken in 3 segments which include:
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1. Biological
2. Psychological
3. Social - - one of the largest contributors to biological positivism and founder of the Italian
Italian School
Cesare Lombroso - an Italian doctor and sometimes regarded as the father of crimin
Enrico Ferri - a student of Lombroso, believe that social as well as biological factors
1. Adolphe Quetelet - made use of data and statistical analysis to gain insight into rela
3. Joseph Fletcher and John Glyde - also presented papers to the statistical society o
4. Henry Mayhew - used empirical methods and an ethnographic approach to address
5. Emile Durkheim - viewed crime as an inevitable aspect of society with uneven distri
Chicago school - arose in the early 20th century, through the work of Robert Park, Ernest B
Edwin Sutherland - suggested that people learn criminal behavior from older, more
Tagging - like labeling, the process whereby an individual is negatively defined by agencies
Atavism - the view that crime is due to a genetic throwback to a more primitive and aggres
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Spree killing - killings at two or more locations with almost no time break between murder
Serial murder - two or more murders committed by an offender/offenders with a cooling off
Mass murderer - are defined by one incident with no distinctive time period between the m
Thrill killing - a premeditated murder committed by a person who is not necessarily sufferi
Victimology -studies the nature and cause of victimization.
Psychology - the scientific study of the human mind and its functions.
Psychiatry - the branch of medicine dealing with the diagnosis and treatment of mental dis
Ecology - the environment as it relates to living organisms.
Demography - the branch of sociology that studies the characteristics of human population
Epidemiology - the branch of medical science dealing with the transmission and control of
Anthropology - the social science that studies the origins and social relationships of human
Impulse - a sudden strong urge or desire to act.
Kleptomania - is an irresistible impulse to steal in the absence of economic motive.
Pathological - is caused by or evidencing a mentally disturbed condition.
Criminal Justice System
Criminal Justice System - is the system of practices and institutions of governments direc
Goals of Criminal Justice
1. to protect individuals and society
2. to reduce crime by bringing offenders to justice
3. to increase the security of the people
Criminal Justice System consists of three main parts
1. legislative - create laws
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2. courts - adjudication
3. corrections - jail, prison, probation, parole
Participants of Criminal Justice System
1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated
Community Policing - the system of allocating officers to particular areas so that they bec
Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals that the punishment t
certain, swift, and severe so that they will be afraid to commit an offense.
2. Specific Deterrence - convincing offenders that the pains of punishment is greater than th
crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repea
illegal activities.
4. Retribution/Just Desert - punishment should be no more or less than the offenders actions
must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the just
for the costs of processing their case and society for any disruption they may have caused
6. Rehabilitation - if the proper treatment is applied, an offender will present no further threa
7. Diversion - criminals are diverted into a community correctional program for treatment to
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stigma of incarceration. The convicted offender might be asked to make payments to the
or participate in a community based program that features counseling.
8. Restorative Justice - repairs injuries suffered by the victim and the community while insur
reintegration of the offender. Turn the justice system into a healing process rather than a
of retribution and revenge.
3 Broad Categories of Crime
1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and Organized Crime.
Sensational Crime - certain offenses are selected for their sensational nature and made in
Street Crime - includes a wide variety of acts both in public and private spaces including in
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying know
Judge - a public officer who presides over court proceedings and hear and decide cases in a
Prosecutor - the person responsible for presenting the case in a criminal trial against an in
Law - is a system of rules of conduct established by the sovereign government of a society
Plaintiff - the person who brings a case against another in court of law.
Respondent - the defendant in a lawsuit.
Appellee - the respondent in a case appealed to a higher court.
Appellant - the party who appeals the decision of the lower court. A person who applies to
Stare Decisis - the legal principle of determining points in litigation according to precedent
Miranda Doctrine - criminal suspect has the right to remain silent which means they have
Pro Bono - legal work done for free.
Writ - a form of written command in the name of the court or other legal authority to act or
Subpoena - writ issued by a court to compel the attendance of a witness at a judicial proce
Discretion - the use of personal decision making and choice in carrying out operations in th
What is twelve table? early Roman laws written around 450 BC which regulated family, re
What is the medical model of punishment? A view of corrections holding that convicted
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Juvenile Delinquency
PD 603 - Child and Youth Welfare Code
RA 9262 - Anti Violence Against Women and their Children Act of 2004.
RA 9344 - Juvenile Justice and Welfare Act of 2006
Youthful offender - over 9 years old but under 18 years old at the time of the commission
3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially
by legitimate means.
4. Differential Association - young people are motivated to commit crimes by delinquent pe
learn criminal skills from them.
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5. Labelling Theory - once a person is labeled criminal they are more likely to offend. Once
deviant, a person may accept that role and more likely to associate with others who hav
similarly labeled.
6. Social Control Theory - proposes that exploiting the process of socialization and social le
builds self control and can reduce the inclination to indulge in behavior recognized as an
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a st
Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act
Crimes Commonly Committed by Juvenile Delinquents
1.
Status offenses - is an action that is prohibited only to a certain class of people and m
2. Property crimes - is a category of crime that includes theft, robbery, motor vehicle the
3. Violent Crime in which the offender uses or threatens to use violent force upon the vic
Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person bet
Types/Categories of Juvenile Delinquency
1. Delinquency - crimes committed by minors which are dealt with by the juvenile courts
2. Criminal behavior - crimes dealt with by the criminal justice system.
3. Status offenses - offenses which are only classified as such because one is a minor, su
Truancy - is any intentional unauthorized absence from compulsory schooling.
Graffiti - is writing or drawings scribbled, scratched or sprayed illicitly on a wall or other sur
Defacement - refers to marking or removing the part of an object designed to hold the view
Types of Offenders That Emerge in Adolescence
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Crisis Management - is the process by which an organization deals with a major event tha
Crisis - is any event that is expected to lead to an unstable and dangerous situation affectin
Risk Management - involves assessing potential threats and finding the best ways to avoid
Crisis Management - dealing with threats after they have occurred. Crises Management is
Crisis Negotiation - is a technique for law enforcement to communicate with people who a
Forensic Psychology - forensic discipline that evaluates behavioral patterns and how they
Confrontation Crises - occur when discontented individuals and/or groups, fight business,
Common Type of Confrontation Crises
1. Boycott
2. Picketing
3. Sit-ins
4. blockade
5. Occupation of buildings
6. Resisting/Disobeying police
7. Ultimatums to those in authority
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Crises of Organizational Deeds - occurs when management takes actions it knows will ha
3 Types of Organizational Misdeeds
1. Crises of skewed management values
2. Crises of Deception
3. Crises of Management Misconduct
Human Behavior - refers to the range of behaviors exhibited by humans and which are infl
Factors Affecting Human Behavior
1. Genetics
2. Attitude
3. Social Norms
4. Perceive behavioral control
5. Core faith
6. Survival instinct
Psychiatric Disorders Associated with Criminal Behavior
1. Anxiety Disorders
2. Delirium
3. Delusional Disorder
4. Dementia
5. Impulse Control Disorder
6. Intoxication or withdrawal from medication or drugs
7. Malingering
8. Mood disorders such as major depression, anxiety disorders and bipolar disorders
9. Personality disorders, especially anti social personality disorder
10. Pervasive developmental disorder (autism)
11. Psychotic disorder
12. Schizophrenia
13. Schizo-afflective disorder
14. Schizophreniform disorder
15.Substance dependence and abuse
16.Traumatic brain injury
Mental Illness/Mental Disorder - a health conditions that changes a persons thinking, fee
Schizophrenia - a long term mental disorder of a type involving a breakdown in the relation
Autism - a mental condition present from early childhood characterized by great difficulty in
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Misconduct - is procedural when it refers to police who violate police department rules and
Criminal - when it refers to police who violate the penal laws.
Civil - when it refers to police who violate a citizens civil right.
Common forms of Misconduct
1.
2. Discriminatory arrest
3. Physical or verbal harassment
4. Selective Enforcement of the law
5. False arrest and imprisonment
6. Perjured testimony about illegal searches
Common Forms of Police Corruption
1. Bribery
2. Extortion
3. Receiving of Fencing Stolen goods
4. Selling drugs,theft of drugs and money from drug dealer
5. Malicious prosecution
6. Making false report and committing perjury
7. Protecting illegal gambling
8. Theft of seized property
9. Receiving discounts on purchases
10.Selling information about police operation
What are the safeguards against police misconduct
1. Establish Code of conduct
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Despite legal safeguards and well intentioned reforms, Police problems have continue
What can society do against the age-old problem of police misconduct and corruption
Being on the Pad - this phrase is associated with bribery and extortion, a category of polic
Police Brutality - actions such as using abusive language, making threats, using force or c
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Customs - established usage or social practices carried on by tradition that have obt
Traditions - bodies of belief, stories, customs and usages handed down from generat
Social Decorum - a set of norms and standard practiced by the members during soc
Police Community Relation - generally refers to the sum total of attitudes and behavior b
Community Service - refers to the activities whereby police engage in pro-social activities
Community Participation - involves members of the community taking an active role in tr
Police Traditions
1. Spiritual beliefs
2. Valor
3. Patriotism
4. Discipline
5. Gentlemanliness
6. Word of Honor
7. Duty
8. Loyalty
9. Camaraderie
Spiritual Beliefs - can refer to an ultimate or an alleged immaterial reality, an inner path e
Valor - great courage in the face of danger. Strength of mind or spirit that enables a person
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Discipline - the practice of training people to obey rules or a code of behavior using punish
Gentlemanliness - characteristic of or having the character of a gentleman. A man whose
Camaraderie - mutual trust and friendship among people who spend a lot of time together.
The Correctional System in the Philippines is composed of six agencies under thre
1. The Department of Justice
2. The Department of the Interior and Local Government
3. The Department of Social Welfare and Development
Institutional Programs
1. Inmate work program
2. Health care
3. education and skills training
4. Recreation and Sports
5. Religious guidance and behavior modification using the therapeutic community approa
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Penal Management
Corrections - is typically carried out by government agencies and involves the punishment
Penology - The study of the punishment of crime and prison management. Is a section of c
Prison reform - is the attempt to improve conditions inside prisons and aiming a a more eff
Prison - is a place in which people are physically confined and usually deprived of a range o
Jail - is a short term detention facility.
Halfway house - also called recovery house or sober house - is a place to allow people to b
Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning was ex
BJMP
DILG
holds people awaiting trial and people sentenced for a short duration.
Zebulon Reed Brockway - regarded as the father of prison reform in the United States. Be
1. a program of education
2. training in useful trades
3. physical activity
4. indeterminate sentence
5. inmate classification
6. incentive program.
Alexander Maconochie - (1787 -1860) - a Scottish naval officer, geographer and penal ref
1. as cruelty debases both the victim and society, punishment should not be vindictive b
2. a convicts imprisonment should consist of task, not time sentences with release depe
Modern Form/Method of Punishment
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4. branding - (Stigmatizing) - is the process by which a mark is burned into the skin of a
6. mutilation - (maiming) - is the act of physical injury that degrades the appearance o
7. burning
8. beheading
9. torture
* In the Philippines so far, 17 persons were executed by hanging, 84 persons were executed
chair, 7 persons were executed by lethal injection.
* Majority of inmates confined in national prison did not finish high school, 6% never went to
were illiterate and 3% earned a college degree.
What is Probation? ans.- is a disposition under which a defendant after conviction and sen
Who can apply for Probation? ans. any first time convicted offender who is 18 years old
Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juv
Where shall an application for Probation be filed? ans. the application shall be filed wi
What will happen if the application for Probation is denied? ans. the offender will be
When should an application for Probation be filed? ans. anytime before the offender s
May an offender be released from confinement while his application for Probation
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How many times can one be granted Probation? ans. only once.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the trial court may suspend the ex
2. Probation may be granted whether the sentenced imposed a a term of imprisonment
3. No application for probation shall be entertained or granted if the defendant has perfe
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation b
Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the c
Probation is not coterminous with its period. There must be an order issued by the cou
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are restored.
c. offender's liability for any fine imposed is discharged.
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granting probation.
2) To report to his probation officer at least once a month.
3) not to commit any other offense while on probation.
What is Parole? ans. it is the release of a prisoner from prison after serving the minimum p
Who cannot be granted parole? ans. generally, those sentenced to a term of imprisonme
Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency un
When may a prisoner be granted parole? ans. whenever the board of pardon and parole
What happens if a parolee violates the conditions of his parole? ans. he shall be rea
What is commutation of sentence? ans. it is the reduction of the period of a prison sent
What is conditional pardon? ans. it is the conditional exception of a guilty offender for th
What is absolute pardon? ans. it is the total extinction of the criminal liability of the indiv
Who may file a petition for conditional pardon? ans. a prisoner who has served at leas
Who may grant commutation of sentence and pardon? ans. the president.
Who may file a petition for commutation of sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:
at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison ter
at least 10 years for prisoners sentenced to one reclusion perpetua or one life impriso
at least 12 years for prisoners whose sentences were adjusted to 40 years in accorda
at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 com
at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life impris
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at least 20 years for those sentenced to death which was automatically commuted or
Who may file a petition for absolute pardon? ans. one may file a petition for absolute p
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 197
Purpose of the law
1. promote the correction and rehabilitation of an offender by providing him with individ
2. provide an opportunity for the reformation of a penitent offender which might be less
3. prevent the commission of offenses.
Probationer - a person placed on probation.
Probation officer - one who investigates for the court a referral for probation or supervises
The Probation administration shall be headed by the Probation administrator who sha
There shall be an assistant probation administrator who shall assist the administrator
2. holder of a masters degree or its equivalent in either criminology, social work, correct
Provincial and City Probation officer - appointed by the Secretary of justice upon the rec
1. Bachelors degree with a major in social work, sociology, psychology, criminology, pen
2. at least 3 years in work requiring any of the above mentioned disciplines or is a mem
when practicable, the provincial or city probation officer shall be appointed from amon
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