CRIMINOLOGY BOARD EXAM REVIEWER
Criminalistics Review Questions 1 1. There is freehand invitation and is considered as the most skilful class of forgery A. simulated or copied forgery B. simple forgery C. traced forgery D. carbon tracing 2. Condensed and compact set of authentic specimen which is adequate and proper, should contain a cross section of the material from known sources. A. disguised document B. questioned document C. standard document D. requested document 3. Specimens of hand writing or of typescript which is of known origin. A. Letters B. Samples C. Exemplars D. Documents 4. A document which is being questioned because of its origin, its contents or the circumstances or the stories of its production. A. disputed document B. standard document C. requested document D. questioned document 5. The art of beautiful writing is known as A. Drafting B. Calligraphy C. Art appreciation D. Gothic 6. Any written instrument by which a right or obligation is established. A. Certificate B. Subpoena C. Warrant D. Document 1
7. A type of fingerprint pattern in which the slope or downward flow of the innermost sufficient recurve is towards the thumb of radius bone of the hand of origin. A. ulnar loop B. tented arch C. accidental whorl D. radial loop 8. The forking or dividing of one line to two or more branches. A. Ridge B. Island C. Delta D. Bifurcation 9. The point on a ridge at or in front of and nearest the center of the divergence of the type lines. A. Divergence B. Island C. Delta D. Bifurcation 10.The following are considerations used for the identification of a loop except one: A. Delta B. Core C. a sufficient recurve D. a ridge count across a looping bridge 11.The process of recording fingerprint through the use of fingerprint ink. A. Pathology B. Fingerprinting C. Dactyloscopy D. Printing press 12.The fingerprint method of identification. A. Pathology B. Fingerprinting C. Dactyloscopy D. Printing press 13.Two lines that run parallel or nearly parallel, diverge and surround the pattern area. A. Ridges B. Delta 2
C. Type line D. Bifurcation 14.A part of the whorl or loop in which appear the cores, deltas and ridges. A. type line B. bifurcation C. pattern area D. furrow 15.Fingerprints left on various surfaces at the crime scene which are not clearly visible. A. plane impressions B. visible fingerprints C. rolled impressions D. latent fingerprints 16.The impressions left by the patterns of ridges and depressions on various surfaces. A. kiss marks B. finger rolls C. thumb marks D. fingerprints 17.Which among the following is not considered as a basic fingerprint A. Arch B. Accidental C. Loop D. Whorl 18.The minimum identical characteristics to justify the identity between two points. A. Eighteen B. Fifteen C. Twelve D. Nine 19.A fingerprint pattern in which the ridges form a sequence of spirals around core axes. A. whorl B. double loop C. central pocket loop D. accidental 20.A fingerprint pattern which one or more ridges enter on either side of the impression by a recurve, and terminate on the same side 3
pattern?
where the ridge has entered. A. Loop B. radial loop C. ulnar loop D. tented arch 21.A person allowed who gives his/her opinion or conclusion on a given scientific evidence is considered A. interrogator B. expert witness C. prosecutor D. judge 22.The application of scientific knowledge and techniques in the detection of crime and apprehension of criminals. A. Law Enforcement Administration B. Forensic Administration C. Criminal Psychology D. Criminalistics 23.Lens that is characterized by a thicker center and thinner sides. A. concave lens B. convex lens C. negative lens D. positive lens 24.The normal developing time of a paper or film. A. 30-60 minutes B. 20-30 minutes C. 5-10 minutes D. 1- 2 minutes 25.This part of a camera is used to allow light to enter the lens for a predetermined time interval. A. holder of sensitized material B. view finder C. shutter D. view finder 26.A lens with a focal length of less than the diagonal of its negative material. A. telephoto lens B. long lens C. normal lens D. wide angle lens
4
27.Chemical used as an accelerator in a developer solution. A. Potassium Bromide B. Sodium Carbonate C. Sodium Sulfite D. Hydroquinone 28.A part of a camera used in focusing the light from the subject A. view finder B. lens C. shutter D. light tight box 29.A component of the polygraph instrument which records the breathing of the subject. A. Cardiosphygmograph B. Pneumograph C. Galvanograph D. Kymograph 30.A component of the polygraph instrument which records the blood pressure and the pulse rate of the subject. A. Cardiosphygmograph B. Pneumograph C. Galvanograph D. Kymograph 31.A component of the polygraph instrument which is a motor that drives or pulls the chart paper under the recording pen simultaneously at the rate of 6 or 12 inches per minute. A. Cardiosphygmograph B. Pneumograph C. Galvanograph D. Kymograph 32.The following are specific rules to be followed in the formulation of the questions in a polygraph test except one. A. Questions must be clear and phrased in a language the subject can easily understand. B. Questions must be answerable by yes or no. C. Questions must be as short as possible. D. Questions must all be in the form of accusations 33. In “ polygraph examination”, the term “ examination” means a detection of A. Forgery B. Emotion 5
C. the mind D. deception 34. It refers to an emotional response to a specific danger, which appears to go beyond a person’s defensive power. A. Fear B. Stimuli C. Response D. Reaction 35. The primary purpose of pre-test interview. A. Prepare subject for polygraph test B. Obtain confession C. Make the subject calm D. Explain the polygraph test procedures 36. The deviation from normal tracing of the subject in the relevant question. A. positive response B. specific response C. normal response D. reaction 37. The study of the effect of the impact of a projectile on the target. A. Terminal Ballistics B. Internal Ballistics C. External Ballistics D. Forensic Ballistics 38. The unstable rotating motion of the bullet is called A. Trajectory B. Yaw C. Velocity D. Gyroscopic action 39. The part of the mechanism of a firearm that withdraws the shell or cartridge from the chamber. A. Extractor B. Ejector C. Striker D. Trigger 40. The pattern or curved path of the bullet in flight. A. Yaw B. Range 6
C. Velocity D. Trajectory 41. This refers to the deflection of the bullet from its normal path after striking a resistant surface. A. Misfire B. Mushroom C. Ricochet D. Key hole shot 42. A type of primer with two vents or flash holes. A. Bordan primer B. Berdan Primer C. Baterry Primer D. Boxer Primer 43. This refers to the helical grooves cut in the interior surface of the bore. A. swaging B. ogive C. rifling D. breaching 44. It refers to the unstable rotating motion of the bullet. A. Trajectory B. Yaw C. Velocity D. Gyproscopic action 45. It is the measurement of the bore diameter from land to land. A. Calibre B. Mean diameter C. Gauge D. Rifling 46. He is known as the Father of Ballistics. A. Hans Gross B. Charles Waite C. Albert Osborne D. Calvin Goddard 47. A document in which some issues have been raised or is under scrutiny. A. Void Document B. Illegal Document C. Forged Document 7
D.
Questioned Document
48. The following are characteristics of forgery except one: A. Presence of Natural Variation B. Multiple Pen Lifts C. Show bad quality of ink lines D. Patchwork Appearance 49. Standards which are prepared upon the request of the investigator and for the purpose of comparison with the questioned document. A. relative standards B. collected standards C. extended standards D. requested standards 50. Any stroke which goes back over another writing stroke. A. natural variation B. rhythm C. retracing A. shading 51. The name of a person written by him/her in a document as a sign of acknowledgement. A. Opinion B. Document C. Signature D. Handwriting 52. A kind of document which is executed by a private person without the intervention of a notary public, or of competent public official, by which some disposition of agreement is proved. A. commercial document B. official document C. public document D. private document 53. An instrument that can be legally used in comparison with a questioned document, its origin is known and can be proven. A. simulated document B. forged document C. standard document D. compared document 54. The process of making out what is illegible or what has been 8
effaced. A. Comparison B. Collation C. Obliteration D. Decipherment 55. A document which contains some changes either as an addition or deletion. A. inserted document B. altered document C. disputed document D. obliterated document 56. A kind of erasure by using a rubber eraser, sharp knife, razor blade or picking instrument. A. mechanical erasure B. electronic erasure C. magnetic erasure D. chemical erasure 57. It is the periodic increase in pressure, characterized by widening of the ink stroke. A. Shading B. pen lift C. pen emphasis D. pen pressure 58. A kind of document executed by a person in authority and by private parties but notarized by competent officials. A. private document B. commercial document C. public document D. official document 59. The detection and identification of poisons. A. Bacteriology B. Posology C. Toxicology D. Chemistry 60. The specimen that is preferably used in the determination of abused drugs in the body. A. blood B. saliva C. body fluid D. urine 9
61. A forensic chemist is tasked to examine the chemical nature and composition of the following except one: A. Fingerprint B. Explosives C. Blood D. Body fluids Answer: A 62. Who qualifies a forensic chemist as expert? A. defense lawyer B. judge C. prosecutor D. the chemist himself/herself Answer: B 63. Methamphetamine hydrochloride is commonly known as A. Coke B. LSD C. Heroin D. “shabu” Answer: D 64. An area surrounding the place where the crime occurred. A. crime scene B. police line C. area of operation D. area of responsibility Answer: A 65. The body of the crime. A. Evidence B. body of the victim C. criminology D. corpus delicti
Answer: D
66. One of the following is a derivative of the opium poppy. A. Demerol B. Caffeine C. Morphine D. nicotine Answer: C 67. Number restoration is necessary in determining whether there is tampering of serial number in A. Typewriter B. Firearm C. Prisoners D. Bank notes Answer: B 68. In forensic examination, a tip of the hair is examined to 10
determine if it was A. Bend B. Folded C. Stretched D. Cut
Answer: D
69. All of the following are accurate tests for the presence of alcohol in the human body except one: A. Saliva test B. Harger Breath Test C. Fecal test D. Blood test Answer: C 70. The application of chemical principles and processes in the examination of evidence. A. Forensic Medicine B. Forensic Evidence C. Criminalistics D. Forensic Chemistry Answer: D 71. Volatile poisons may be isolated by means of this process. A. Dialysis B. Dilution C. Distillation D. Extraction Answer: C 72. The process in reproducing physical evidence by plaster moulds. A. Casting B. Cementing C. Moulage D. Sticking Answer: C 73. The test used to determine the presence of semen particularly in stained clothing. A. Florence Test B. Barberio’s Test C. Microscopic Test D. Ultra-Violet Test Answer: A 74. The test used to determine the presence of blood in stained material. A. Florence Test B. Barberio’s Test C. Takayama Test D. Phenolphtalein Test Answer: C
11
75. It is the major component of a glass. A. Lime B. Soda C. Silica D. Gel
Answer: C
76. Poisons which produce stupor and less feeling. A. Narcotics B. Irritants C. Depressants D. Stimulants Answer: A 77. A supercooled liquid which possess high viscosity and rigidity. A. dry ice B. cartridge case C. gel D. glass Answer: D 78. The study and identification of body fluids. A. Pharmacology B. Serology C. Posology D. Immunology Answer: B 79. The test to determine whether blood is of human origin or not. A. Blood typing B. Precipitin Test C. Confirmatory Test D. Preliminary Test Answer: B 80. The circulating tissue of the body. A. Blood B. Cells C. Muscles D. Liver
Answer: A
81. The complete, continuous, persistent cessation of respiration, circulation and almost all brain function of an organism. A. Apparent death B. Molecular death C. Cellular Death D. Somatic death Answer: D 82. The approximate time for the completion of one case for DNA Testing. A. minimum of eight weeks 12
B. minimum of six weeks C. minimum of four weeks D. minimum of two weeks
Answer: C
83. DNA stands for A. Deonatural Acid B. Deoxyribonucleic Acid C. Denaturalized Acid D. Deoxy Nucleic Acid
Answer: B
84. The Geneticist from Great Britain who pioneered DNA testing and fingerprinting.
A. Alec Jeffries B. Lowell C. Van Berkom C. William Reynolds D. Henry Van Dyke
Answer: A
85. The cause of death of a person who immediately died because of lack of oxygen for around 3 to five minutes. A. Stroke B. Asphyxia C. Stupor D. Exhaustion Answer: B 86. The most serious burn involving skin, nerves, muscles and bones, causing death due to loss of fluids and electrolytes in the body and massive infection. A. First Degree Burn B. Second Degree Burn C. Third Degree Burn D. Sunburn Answer: C 87. A discoloration of the body after death when the blood tends to pool in the blood vessels of the most dependent portions of the body and starts 20 to 30 minutes after death and is completed by 12 hours. A. livor mortis B. primary flaccidity C. maceration D. rigor mortis Answer: A 88. A wound which if inflicted in the body so serious that it will endanger one’s life. A. mortal wound B. trauma C. coup injury 13
D.
superficial wound
Answer: A
89. A wound produced by a blunt instrument such as club and stone. A. incised wound B. hack wound C. lacerated wound D. punctured wound Answer: C 90. A displacement of the articular surface of the bone without external wounds. A. Hematoma B. Fracture C. Sprain D. Dislocation Answer: D 91. A condition of exposure to cold temperature of certain parts of the body which produces mechanical disruption of cell structure characterized by cold stiffening and diminished body. A. immersion foot B. trench foot C. frostbite D. gangrene Answer: C 92. A condition of women who have had one or more sexual experience but not had conceived a child. A. virgo-intacts B. demi-virginity C. moral virginity D. physical virginity Answer: A 93. Fixed discoloration of the blood clothed inside the blood vessels or has diffused to different parts of the body. A. hypostatic lividity B. diffusion lividity C. hyper lividity D. rigor mortis Answer: B 94. Things used by a person in the commission of a crime, or objects left in a crime scene which are the subjects of criminalistics. A. testimonial evidence B. hearsay evidence C. circumstantial evidence D. physical evidence Answer: D 95. The science dealing with the motion of a projectile and the conditions governing that motion. 14
A. Ballistics B. Forensic Ballistics C. Terminal Ballistics D. External Ballistics
Answer: A
96. The application of medical knowledge in the solution of crimes. A. Forensic Science B. Forensic Chemistry C. Forensic Ballistics D. Forensic Medicine Answer: D 97. The science or art of obtaining images in scientific materials by the action of electro magnetic radiation rays. A. Polygraphy B. Dactyloscopy C. Photography D. Chemistry Answer: C 98. Instrument used in the measurement of temperature. A. Endometer B. Barometer C. Thermometer D. ananometer Answer: C 99. The scientific detection of deception. A. Polygraphy B. Dactyloscopy C. Toxicology D. Chemistry
Answer: A
100. The test conducted to determine the presence of gunpowder residue in the hands of a suspect. A. diphenylamine test B. ultra violet test C. paraffin test D. Simon’s Test Answer: C Answers: Criminalistics Review Questions 1. A 2. C 3. C 4. D 5. B 6. D 7. D 15
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 52. 53. 54. 55.
D C B B C C C D D B D A C B D A C C B B B A D D D A A A A B B D C D D B A D D A D C D C D B
26. A
51. C
16
56. 57. 58. 59. 60.
A D C C D
Criminalistics Review Questions 2 1. The following are types of medical evidence, except: A. Photographic evidence B. Experimental evidence C. Testimonial evidence D. Autoptic evidence 2. The art of identification by comparison of fingerprint is called: A. Dactylography B. All of the these C. Dactyloscopy D. Palmistry 3. Some scientific methods of identification are the following, except: A. Fingerprinting B. Handwriting C. Dental identification D. Identification by close friends and relatives 4. The greater the number of points of similarities and dissimilarities of two persons compared, the greater the probability for the conclusion to be correct is found in the A. Law of Municipality of Evidence in Identification B. All of the these C. Identification by Comparison and Exclusion D. Law of Super Imposition 5. In the strict sense of the word, Forensic Medicine means A. application of medicine to legal cases B. application of medical science to elucidate legal problems C. knowledge of law in relation to practice of medicine D. none of the above E. all of the above 6. The different test to determine peripheral circulation are the following, except A. Magnus test B. Diaphanous test C. I card’s test D. Winslow’s test 17
7. The following officials of the Philippine Government are authorized to conduct death investigation, except A. Public Prosecutor B. Judges of the regional trial court C. Director PNP D. SOCO team 8. The following statements are important in death determination. Which is not valid?. A. Civil personality of a natural person is extinguished by death B. Civil property of a person is transmitted to the heirs, if not, to the government C. The death of the partner is one of the causes of dissolution of partnership agreement D. The criminal liability of a person is extinguished by death 9. The following are kinds of death, which one is not? A. Somatic or Clinical Death B. State of Suspended Animation C. Cellular or Molecular Death D. Regulated Death 10. Of the following kinds of death, which one is relevant to Organ Transportation? A. Somatic or clinical Death B. State of Suspended Animation C. Molecular Death D. Cellular Death 11. To find out the truth is an essential requirement for the administration of Justice. Which of the following is the commonly used method of deception detection? A. Lie detection method B. Hypnotism C. Use of drugs D. Confession 12. In molecular or cellular death, death of individual cells is with in A. 3-6 minutes B. 3-6 hours C. 20-30 minutes D. 20-30 hours 13. Post-mortem lividity has the following mechanisms: 18
A. B. C. D.
Hypostatic pressure Diffusion Gravitational pressure All of the above
14. Hanging is asphyxia due to the constriction of the neck as a result of suspension in which the weight of the body pulls upon the ligature.What differentiates it from strangulation by a ligature therefore is: A. The factor of suspension B. Hanging raises a presumption of suicide C. Strangulation is usually homicidal D. All of the above E. None of the above 15. Distinctions between ante-mortem from post-mortem clot are the following. Which one is not valid? A. Ante-mortem clot is firm in consistency B. Clot is homogenous in construction so it cannot be stripped into layers C. Clot with varied colors D. Surface of the blood vessels are raw after the clots are removed 16. Post-mortem lividity maybe due to any of the following, except: A. Hypostasis B. Autolysis C. Diffusion D. Suggillation 17. Comprehensive study of dead body, performed by a trained Physician, to determine the cause of death: A. Autopsy B. Biophsis C. Dissection D. Physicians 18. Articles and materials found in the crime scene: A. Physical evidence B. Associative evidence C. Evidence D. Tracing evidence 19. Circumscribed extravation of blood or subcutaneous tissue or underneath the mucous membrane. A. Contusion 19
B. Petechia C. Abrasion D. All of them 20. Among the following, which has the greatest value in scientific examination/identification? A. Dental examination B. Fingerprinting C. Photography D. Pictures Parle 21. One is a condition that can approximate the time of death. A. Cadaver B. Magnus test C. Rigor mortis D. None of these 22. The means sanctioned by the law, of ascertaining the judicial power/proceeding, the truth respecting the matter of fact. A. Polygraph B. Evidence C. Lie detector D. All of these 23. Determination of individuality of a person or thing: A. Description B. Perception C. Identification D. All of these 24. Types of fingerprint patters, except: A. Arches B. Ordinary C. Loop D. Whorl 25. It is any unusual pattern of sexual behavior including habitual, preference and completing need for sexual gratification by any means except sexual intercourse which results to bodily excitement A. Virginity B. Sexual intercourse C. Prostitution D. Sexual deviation 26. An open wound produced by a sharp-pointed instrument and is 20
characterized by a small opening of the wound. A. Gunshot wound B. Stab wound C. Shrapnel wound D. Punctured wound Answer: D 27. A physical injury wherein the offended victim is incapacitated for work or requires medical assistance for 10 days or more but not A. Slight physical injury B. Mutilation C. Serious physical injury D. less serious physical injury Answer: D 28. It is the type of burn due to gamma rays and which is difficult to remedy: A. Thermal burn B. Electric burn C. Chemical burn D. Radiation burn Answer: D 29. The metal tube through which the bullet is fired is called A. Bore B. Barrel C. Baretta D. Bromet Answer: B 30. The old form of gunpowder invented over a thousand years ago and consisting of nitrate, charcoal, and sulfur. A. Chinese Powder B. Black Powder C. Gray Powder D. All of these Answer: B 31. The inside of the barrel is generally termed as A. Bore B. Barrel C. Rifling D. Primer Answer: A 32. The portion of the gun which is held or shouldered is called A. Buckle B. Buttstock C. Handle D. End joint Answer: B 33. In a gun, the portion of the "action" that holds the cartridge ready 21
for firing is called A. Gas tube B. Chamber C. Double-action D. Trigger
Answer: B
34. A metal rod or plate that strikes the cartridge primer to detonate the powder. A. Spring B. Trigger guard C. Hammer D. Revolver Answer: C 35. This is a device for storing cartridges in a repeating firearm for loading into the chamber. Also referred to as a "clip". A. Clipper B. Holder C. Pin or pinhead D. None of these Answer: D 36. A device that fits over the muzzle of the barrel to muffle the sound of a gunshot. Most work by baffling the escape of gases. A. Buffer B. Silencer C. Magazine D. Hanger Answer: B 37. Under the management of Lt. Darby during the American occupation in the Philippines, a modern and complete fingerprint file has been established for the Philippine commonwealth. In 1937, the first Filipino fingerprint technician employed by the Phil. Constabulary was A. Mr. Generoso Reyes B. Mr. Amado Delos Santos C. Mr. Calixto Solis D. None of these Answer: A 38. The first leading judicial decision in the Philippine jurisprudence on the science of fingerprinting was the case of A. People vs Medina B. People vs Pineda C. People vs Amador D. People vs. Rosas Answer: A 39. What is the intermediate and the thickest layer of the hair and is composed of elongated, spindle-shaped fibrils which cohere? They 22
contain pigment granules in varying proportion depending on the type of hair. A. Medulla B. Cortex C. Core D. Cuticle Answer: B 40. Who was the noted British Examiner of questioned documents said that an intelligent police investigator can detect almost 75% of all forgeries by careful inspection of a document with simple magnifiers and measuring tools? A. Dr. Arthur Stoll B. Dr. Aristotle Curt C. Dr. William Harrison D. Dr. Benjamin Jones Answer: C 41. In police photography studies, what are called the thin, gelatinous, light-sensitive coatings on film that react chemically to capture the color and shadings of a scene? A. Films B. Emulsions C. Chemical Coatings D. None of these Answer: B 42. A medium that divert or absorb light, but does not allow lights to pass though, they absorb most of the light while reflecting some of it is called A. Opaque object B. Convection C. Visible light D. Prisms Answer: A 43. In the practice of polygraphy, what do you call questions unrelated to the matter under investigation but are of similar nature although less serious as compared to those relevant questions under investigation? A. Irrelevant questions B. Relevant questions C. Control questions D. Interrogative questions Answer: C 44. What test is given if a subject of interrogation is not yet informed of the details of the offense for which he is being interrogated by the investigation, or by other persons or from other sources like the print media? A. Peak of Tension test 23
B. Control test C. IQ Test D. Guilt Complex Test
Answer: A
45. In fingerprinting, the space between shoulders of a loop, free of any appendage, and a butting at right angle. A. Complete curve B. Sufficient Recurve C. Straight arrow D. Core Answer: B 46. The term use to refer to a single recurving ridge enclosing one or more rods or bars of a fingerprint. A. None of these B. Envelope C. Furrows D. Bifurcation Answer: B 47. These are depressions or canals between the ridges of a fingerprint which maybe compared with the low area in a tire tread. A. None of these B. Envelope C. Furrows D. Bifurcation Answer: C 48. In the study of questioned documents, what do you call the quality of paper that does not allow light to pass through or which prevents dark objects from being seen through the paper? A. Opacity B. Watermarks C. Skid marks D. Invisibility Answer: A 49. What is the oldest ink material known? A. Ball point pen ink B. Chinese Ink C. Aniline Ink D. White Ink
Answer: B
50. It is the art of extracting and working on metals by the application of chemical and physical knowledge. A. Cryptography B. Metallurgy C. Casting D. Matalisky Answer: B 24
51. The branch of geology that deals with the systematic classification and identification of rocks, rock forming minerals and soil.Also includes study of dust, dirt, safe insulation, ceramics and other such materials, both natural and artificial. A. Petrography B. Serology C. Anthropology D. Ecology Answer: A 52. In a fire, the presence of reddish brown smoke indicates A. Nitrocellulose B. Sulfuric acid C. Nitric acid D. All of these Answer: D 53. The bending of light around an object gives rise to the phenomenon called A. attraction B. diffraction C. light curve D. light fingerprint Answer: B 54. Under the law of reflection, The angle of reflection depends upon the angle of the light striking the material, which is referred to as the A. angle of incidence B. angle of biometry C. angle of light D. none of these Answer: A 55. In ballistics, what is the pressure generated within the chamber erroneously called breeched pressure? A. Chamber Pressure B. Barrel Pressure C. Gunpowder D. None of these Answer: A 56. The ratio of the weight of the powder charge to the weight of the projectile is called A. Power to speed ratio B. Charge weight to bullet weight ratio C. Firing pin stroke ratio D. All of these Answer: B 57. Chemical rearrangement of molecules into gas instead of solids to 25
cause the high explosives to exert full power of shock. The speed varies in different explosive but in some it is as high as 7000 yards in a second. This refers to A. Energy B. Gas C. Detonation D. Gun powder Answer: C 58. What occurs when a cartridge fails to explode on time or delayed in firing? A. Knocking Power B. Hang fire C. Recoil D. None of these Answer: B 59. In China, fingerprint is called ___. It was valued for purposes of identification since time immemorial as found on a Chinese clay seal made not later than the 3rd Century B.C. A. Hua Chi B. Mah Whang C. Wong Cho D. Tiang Hin Answer: A 60. Who has given the fame title as “Father of Dactyloscopy”? A. Johannes Purkinje B. Leonard Keeler C. Charles Darwin D. Sir Francis Galton Answer: A 61. In Hoogly, district of Bengal, India, he used fingerprints to prevent fraudulent collection of army pay account and for identification of other documents. He was known as the Father of Chiroscopy. A. William Herschel B. Francis Galton C. Gilbert Thompson D. Alphonse Bertillon Answer: A 62. A noted British anthropologist who began observation which led to the publication in 1882 of his book “Fingerprints.” That established the individuality of classifying fingerprint patterns. A. Francis Galton B. Gilbert Thompson C. Wayne Kate D. Alphonse Bertillon Answer: A 63. The notorious gangster and a police character, who attempted to 26
erase his fingerprints by burning them with acid but as time went by the ridges were again restored to their “natural” feature. A. John Fielding B. Johanes Curie C. John Dellinger D. Billy the Kid Answer: C 64. What is the science of palm print identification? A. Chiroscopy B. Poroscopy C. Podoscopy D. Astrology Answer: B 65. A single ridge which splits into two ridges forming a “Y” shape formation or structure is commonly known as A. Diverging ridges B. Bifurcating ridges C. Loop D. Delta Answer: B 66. Symbolized by letter W in the fingerprint classification. It is a fingerprint pattern which there are two deltas and in which at least one ridge makes a turn through one complete circuit. A. Plain whorl B. Central pocket loop whorl C. Accidental loop D. Ulnar loop Answer: A 67. Father of Criminalistics. A. Dr. Hans Gross B. Dr. Cesare Lombroso C. Dr. John Reid D. Dr. John Larson
Answer: A
68. Which evidence offers least resistance to decomposition? A. Semen B. Urine C. Hair D. Blood Answer: C 69. One in which the facts appearing therein may not be true, and are contested either in whole or part with respect to its authenticity, identity, or origin. A. Questioned document B. Illegal document C. Falsified document 27
D.
Disputed facts
Answer: A
70. Are condensed and compact set of authentic specimens which, if adequate and proper, should contain a cross section of the material from a known source for questioned document examination. A. Basis products B. Standards C. Handwriting D. Signatures Answer: B 71. A term used by some document examiners and attorneys to characterize known material. A. Basis B. Exemplar C. Xerox copies D. Reproduced Answer: B 72. When a document is issued and notarized by a notary public or competent public official with solemnities required by law, it is called A. Official document B. Public document C. Commercial document D. Private Document Answer: B 73. What is known as the blotting out or shearing over the writing to make the original invisible to as an addition? A. Obliteration B. Obscuration C. Forged D. None of these Answer: A 74. In legal language, it refers to the document examiner's conclusion. In Court, he may not only express it but demonstrates the reasons for arriving at his conclusion. A. Remarks B. Testimony C. Opinion D. Reasoning Answer: C 75. In this kind of document examination, the document is viewed with the source of illumination behind it and the light passing through the paper.Documents are subjected to this type of examination to determine the presence of erasures, matching of serrations and some other types of alterations. 28
A. B. C. D.
Microscopic examination Ultra violet examination Photographic examination Transmitted light examination
Answer: D
76. Ultraviolet radiation is invisible and occurs in the wave lengths just below the visible blue-violet end of the spectrum (rainbow). These visible rays react on some substances so that visible light is reflected, a phenomenon known as A. Prism B. Fluorescence C. Infrared D. Radiation Answer: B 77. It is the result of a very complicated series of facts, being used as whole, combination of certain forms of visible mental and muscular habits acquired by long, continued painstaking effort.Some defined it as “visible speech.” A. Typewriting B. Money Bills C. Handwriting D. All of these Answer: C 78. In document examination, what is the relation of parts of the whole of writing or line of individual letters in words to the baseline? A. Proportion B. Alignment C. Lining D. Letter forms Answer: B 79. Any property or mark which distinguishes and in document examination commonly called to as the identifying details si called A. Standard B. Characteristics C. Attribute D. Form Answer: B 80. The act of setting two or more items side by side to weigh their identifying qualities; it refers not only a visual but also the mental act in which the element of one item are related to the counterparts of the other. A. Collation B. Analysis C. Comparison D. Recording Answer: C 29
81. In the study handwriting, the movement of the pen toward the writer is called A. Downstroke B. Backstroke C. Sidestroke D. None of these Answer: A 82. It is a signature, signed at a particular time and place, under particular conditions, while the signer was at particular age, in a particular physical and mental condition, using particular implements, and with a particular reason and purpose for recording his name. A. Fraudulent Signature B. Freehand forged signature C. Guided Signature D. Evidential Signature Answer: D 83. It is the crime of making, circulating or uttering false coins and banknotes. Literally, it means to make a copy of; or imitate; to make a spurious semblance of, as money or stamps, with the intent to deceive or defraud. A. Counterfeiting B. Falsification C. Forgery D. Fake money bills Answer: A 84. A fluid or viscous marking material used for writing or printing. A. Pen B. Ink C. Coal D. Chalk Answer: B 85. In 1884, who was this insurance agent in New York who patented the first practical fountain pen containing its own ink reservoir A. Lewis Waterman B. John Loud C. Peter Reynolds D. Henry Ball Answer: A 86. What do you calle the type of instrument used in measuring pitch of rifling firearms A. Pinometer B. Helixometer C. Thermometer D. Caliper Answer: B 30
87. This valuable instrument is specially designed to permit the firearms examiner to determine the similarity and dissimilarity between two fired bullets or two fired shells, by simultaneously observing their magnified image in a single microscopic field. A. Magnetic field device B. Compound microscope C. Bullet comparison microscope D. Photographic microscope Answer:C 88. Consist of a wooden box, 12 “x”12”x 96, with a hinged to cover and with one end open. This long box is filled with ordinary cotton and separated into sections by cardboard petitions use in ballistics. A. Firing point box B. Bullet recovery box C. Slug collection box D. All of these Answer: B 89. Photographic films maybe classified according to their forms and types. What are the films that are sensitive to radiation? A. Chrome Films B. X-Ray Films C. B&W Films D. Colored Films Answer: B 90. Which film is suitable for general use in the preparation of black and white photography because it produces the most natural recording of colors? A. Panchromatic film B. Chrome Films C. X-Ray Films D. Color Films Answer: A 91. One film maybe rated ISO – 100, and another film ISO- 200. This means that the 200 films are twice as fast (twice more sensitive to light) than the ISO-100 film. This statement is A. true B. false C. partly true D. partly false Answer: A 92. Among the following speed of film, which has the fastest speed? A. ISO – 25 B. ISO – 100 to ISO – 200 C. ISO – 400 31
D.
ISO – 1000 and up
Answer: D
93. Chromatic aberration is the failure of different colored light rays to focus after passing through a lens, focusing of light of different colors at different points resulting in a blurred image. A. Astigmatism B. Bended light C. Chromatic aberration D. Pragmatic rays Answer: C 94. What is the defect in which the light coming from an off-axis object point is spread along the direction of the optic axis? If the object is a vertical line, the cross section of the refracted beam at distances from the lens is an ellipse that collapses first into a horizontal line, spreads out again, and later becomes a vertical line. A. Astigmatism B. Bended light C. Chromatic aberration D. Pragmatic rays Answer: A 95. Depth of field is the range in front of and behind a sharply focused subject in which details also look sharp in the final photographic image. A. Focus B. Depth of field C. Camera trick D. Aperture Answer: B 96. In photography, what determines how effectively a moving object can be stopped, that is, how sharply it can be reproduced without blurring, or streaking in the final image? A. Focus B. Shutter speed C. Aperture D. Lens Answer: B 97. What makes a bullet spin? Without spin, a bullet would not stay pointed forward in flight, but would tumble over and over. The spinning motion increases the accuracy of a bullet. A. Bore B. Gunpowder C. Rifling D. Shell Answer: C 98. What component of the polygraph machine records the changes in 32
successively greater
the breathing of the subject? A. Pneumograph B. Cardiograph C. Galvanograph D. Kymograph
Answer: A
99. In fingerprinting, it refers to the process of counting the intervening ridges that touch or cross an imaginary line drawn between the core and the delta. A. Ridge counting B. Ridge tracing C. Delta tracing D. All of these Answer: A 100.For many years the most commonly used preliminary test for blood A. Plasma count B. Serum test C. Benzidine test D. Barberio’s test Answer: C Answers:Criminalistics 1. B 2. C 3. D 4. A 5. B 6. C 7. B 8. B 9. D 10. A 11. A 12. A 13. D 14. E 15. C 16. B 17. A 18. A 19. A 20. B 21. C 22. B 23. C 24. B 25. D 26. D 33
27. 28. 29. 30.
B D B B
Law Enforcement Administration Law Enforcement Administration - the process involved in ensuring strict compliance, proper obedience of laws and related statutes. Focuses on the policing process or how law enforcement agencies are organized and manage in order to achieve the goals of law enforcement most effectively, efficiently and productively. Law - the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties. Enforcement - means to compel obedience to a law, regulation or command. Administration - an organizational process concerned with theimplementation of objectives and plans and internal operating efficiency. Connotes bureaucratic structure and behavior, relative routine decision-making and maintenance of the internal order. Sir Robert Peel - considered a "father of law enforcement". Sir Robert Peels Nine Principles of Policing 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 police actions. 3. Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public. 4. The degree of cooperation of the public that can be secured diminishes proportionally to the 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 restore order only when 34
the expertise of persuasion, advice and warning is found to be insufficient. 7. Police at all time should maintain a relationship with the public that gives reality to the historic tradition; the police are the public and the public are the police. The police being only full time individuals charged with the duties that are incumbent on all of the citizens. 8. Police should always direct their actions strictly towards their functions and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder not the visible evidence of police action in dealing with it.
Administration of Police Organization Police - one of the pillars of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society. - comes from Latin "politia"-civil administration which itself derives from the ancient Greek police "city" Administration - an organizational process concerned with the implementation of objectives and plans and internal operatingefficiency. Organization - a group of persons working together for a common goal or objectives. Police Organization - a group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the laws and the prevention of crimes. 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 of the organization. Supervision - means the act of watching over the work or tasks of the members of the organization to ensure that desired results are achieved. Management - the process of directing and facilitating the work of people organized in formal groups in order to achieve objectives. Judicious or wise use of resources (manpower, material,money,equipment, supplies and time).
35
Hierarchy - represents the formal relationship among superiors and subordinates in any given organization. Serves as the framework for the flow of authority downward and obedience upward, through the department. Authority - the right to command and control the behavior of employees in lower positions within an organizational hierarchy. Must be viewed in terms of prescribed roles rather than of individuals. A particular position within the organization. Carries the same regardless of who occupies that position. Management/Administrative Functions 1. Planning 2. Organizing 3. Directing 4. Controlling 5. staffing 6. Reporting 7. Budgeting Principles of efficient Management * Division of work - work specialization can increase efficiency with the same amount of effort. * Authority and Responsibility- authority includes the right to command and the power to require obedience. One can not have authority without responsibility. * Discipline - necessary for an organization to function effectively, however, the state of the disciplinary process depends upon the quality of its leaders. * Unity of Command - subordinate should receive orders from one superior only. * Scalar Chain - the hierarchy of authority is the order of ranks from the highest to the lowest levels of the organization. Shows the vertical hierarchy of the organization which defines an unbroken chain of units from top to bottom describing explicitly the flow of authority. Organizational Units in the Police Organization 1. Functional Units 36
Bureau - the largest organic functional unit within a large department; comprised of several divisions. 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 organization. 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 station. Area - a section or territorial division of a large city each comprised of designated districts. 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. HOME RULE THEORY - policemen are regarded as servants of the community, who rely for the efficiency of their functions upon the express needs of 37
the people. - policemen are civil servants whose key duty is the preservation of public peace and security. 2. CONTINENTAL THEORY - policemen are regarded as state or servants of the higher authorities - the people have no share or have little participation with the duties nor connection with the police organization. CONCEPTS OF POLICE SERVICE 1. OLD CONCEPT - police service gives the impression of being merely a suppressive machinery - this philosophy advocates that the measurement of police competence is the increasing number of arrests, throwing offenders in detention facilities rather than trying to prevent them from committing crimes 2. MODERN CONCEPT - regards police as the first line of defense of the criminal justice system, an organ of crime prevention - police efficiency is measured by the decreasing number of crimes - broadens police activities to cater to social services and has for its mission the welfare of the individual as well as that of the community in general. 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 and apprehending thieves - introduced the use of dogs as guards and protectors. 3. ROME - created the first organized police force called VIGILES OF ROME, or VIGILES URBANI (watchmen of the city), which had the primary task of firefighting and 38
policing - the Vigiles acted as night watch, apprehendinng thieves, keeping an eye out for burglars and hunting down runaway slaves, and were on occasion used to maintain order in the streets - the Vigiles dealt primarily with petty crimes and looked for disturbances of the peace while they patrolled the streets - created a special unit called PRAETORIAN GUARDS, a special force of guards used by Roman Emperors as the Emperors' personal guards - as personal guards of the Emperor, their primary duty was to protect the Emperor from assassination and other forms of attack against the Emperor. 4. ENGLAND a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM - required all males aged 12 and above to join a group of nine to form a TYTHING - members of the tything are called a TYTHINGMEN - a CONSTABLE served as a leader of ten tythings - the primary task of the things was to protect their village from thieves and animals - tythings were later organized into SHIRES - a shire was headed by a leader called SHIRE REEVE, which is the origin of the word “sheriff” - their duty was to apprehend offenders b) PARISH CONSTABLES - a parish official charged with controlling crimes - appointed to serve for one year - duties included organizing watchmen to guard the gates - during trouble, the watchman would raise a “HUE AND CRY”, a call to arms where the rest of the parish would stop what they were doing and come to the aid of the constable. 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 was located. - when Henry Fielding retired as magistrate, he was 39
replaced by his blind brother, John Fielding b. METROPOLITAN POLICE OF ACT 1829 - the law that created the first modern police force in London England, called the Metropolitan Police Service. - this law was passed through the initiative of Sir Robert Peel, a member of the Parliament - the headquarters of the Metropolitan Police Service is the Scotland Yard, now known as the New Scotland Yard 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 - modeled 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 contributions in the development of the field of criminal justice in the US - author of the book, Police Administration, which served as the basic guide in the administration of the police organization in the US - was the first police chief of Berkeley, California. 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 Philippine Independence from the United States of America in 1946 Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police. HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL 40
GOVERNMENT ACT OF 1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF 1998 and RA 9708 A. THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) - formerly Department of Local Government (DLG) - reorganized under RA 6975 ORGANIZATION: - consist of: a) the Department proper b) existing bureaus and offices of the DLG c) local government units (LGU) 1) provincial governors 2) city and municipal mayors d) the National Police Commission e) the Philippine Public Safety College f) Philippine National Police g) Bureau of Fire Protection h) Bureau of Jail Management and Penology - the PPSC, PNP, BFP and BJMP were created under RA 6975 - headed by the Secretary to be appointed by the President and who shall serve at the pleasure of the President - the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secretaries 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 within one (1) year from date of retirement or resignation - the Secretary is also the ex officio chairman of the National Police Commission POWERS AND FUNCTIONS OF THE DILG 1. Assist the President in the exercise of general supervision over local governments; 2. Advise the President in the promulgation of policies, rules, regulations and other issuances on the general supervision over local governments and on public order and safety; 3. Establish and prescribe rules, regulations and other issuance's implementing laws on public order and 41
safety, the general supervision over local governments and the promotion of local autonomy and community empowerment and monitor compliance thereof; 4. Provide assistance towards legislation regarding local governments, law enforcement and public safety; Establish and prescribe plans, policies, programs and projects to promote peace and order, ensure public safety and further strengthen the administrative, technical and fiscal capabilities of local government offices and personnel; 5. Formulate plans, policies and programs which will meet local emergencies arising from natural and man-made disasters; Establish a system of coordination and cooperation among the citizenry, local executives and the Department, to ensure effective and efficient delivery of basic services to the public; 6. Organize, train and equip primarily for the performance of police functions, a police force that is national in scope and civilian in character. RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND) - under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external security while the DILG was in charge with internal security - under RA 8551, the Armed Forces of the Philippines is now in charge with both internal and external security with the PNP as support through information gathering and performance of ordinary police functions. NATIONAL POLICE COMMISSION - an agency attached to the DILG for policy coordination - shall exercise administrative control and operational supervision over the PNP. VISION OF THE NAPOLCOM "We envision the National Police Commission as a highly dynamic, committed and responsive administering and controlling body, actively and effectively facilitating the evolvement of a highly professional, competent, disciplined, credible and trustworthy PNP" MISSION OF THE NAPOLCOM 42
"To administer and control the Philippine National Police with the end in view of maintaining a highly professional, competent, disciplined, credible and trustworthy PNP” POWERS AND FUNCTIONS OF THE NAPOLCOM A. Exercise administrative control and operational supervision over the Philippine National Police (PNP) which shall mean the power to: 1. Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation, including criteria for manpower allocation distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members; 2. Examine and audit, and thereafter establish standards for such purposes on a continuing basis, the performance,activities, and facilities of all police agencies throughout the country; 3. Establish a system of uniform crime reporting; 4. Conduct annual self-report surveys and compile statistical data for accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country; 5. Approve or modify plans and programs on education and training, logistical requirements, communications, records,information systems, crime laboratory, crime prevention and crime reporting; 6. Affirm, reverse or modify, through the National Appellate Board, personnel administrative actions involving the demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police; 7. Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative cases against policemen and over decisions on claims for police benefits; 8. Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, medals of honor; 9. Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties,and designate who among its 43
personnel can issue processes and administer oaths in connection therewith; 10. Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel; 11. Monitor the performance of the local chief executives as deputies of the Commission; and 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 accomplishments during the thirty (30)days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislations; D. Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and E. Perform such other functions necessary to carry out the provisions of R.A. 6975, as amended, other existing laws and Presidential issuance's, and as the President may direct. COMPOSITION OF NAPOLCOM 1. One chairperson 2. Four regular commissioner 3. The Chief PNP as ex officio member Note: * shall serve a term of office of six (6) years without reappointment or extension * three of the four regular commissioners shall come from civilian sector and not former members of the 44
police or military * the fourth regular commissioner shall come from the law enforcement sector either active or retired * at least one (1) of the four regular commissioners shall be a woman * from among the three regular commissioners from the civilian sector, the Vice Chairperson shall be chosen * the Vice Chairperson shall act as the Executive Officer of the Commission * refer to the organizational structure of the NAPOLCOM Important dates in the history of modern Philippine Policing
1901 - ACT no. 175 of the Philippine Commission established the Philippine constabulary on august 8, 1901.
1905 - the Philippine constabulary school was established at the sta.lucia barracks in Intramuros on February 17, 1905.
1908 - the Philippine constabulary school was transferred to Baguio City.
1916 - the Philippine constabulary school was renamed academy for officers of the Philippine constabulary.
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province, became the first Filipino chief of the Philippine constabulary.
1926 - the academy for officers of the Philippine constabulary was renamed Philippine Constabulary Academy.
1936 - the Philippine Constabulary Academy became the present day Philippine Military Academy.
1938 - The Philippine Constabulary became the existing and organized national police force of the country pursuant to commonwealth act no. 343 dated June 23, 1938 and EO no. 389 dated December 23, 1950. This decree integrated local police forces into the Philippines constabulary operational and organizational set up.
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the Police Commission (POLCOM).
1972 - The POLCOM was reorganized as the National Police Commission. 45
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. The Integrated National Police was established with the Philippine Constabulary as nucleus under the Department of national Defense. The NAPOLCOM, originally under the office of the President was transferred to the Ministry of National defense.
1985 - The National Police Commission was returned to the office of the President pursuant to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the command, supervision and control of the President. This order vested the NAPOLCOM with the powers of administrative control and supervision over the Integrated National Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National Police under a reorganized Department of the Interior and Local Government (DILG). A new National Police Commission was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as the Philippine National Police reform and reorganization act of 1998. This act strengthened and expanded NAPOLCOM,s authority over the PNP to include administration of police entrance examination and conduct pre-charge investigation against police anomalies and irregularities and summary dismissal of erring police members.
FUNCTIONS IN A POLICE ORGANIZATION 1. PRIMARY OR LINE FUNCTIONS - functions that carry out the major purposes of the organization, delivering the services and dealing directly with the public - the backbone of the police department - examples of the line functions of the police are patrolling, traffic duties, crime investigation 2. STAFF/ADMINISTRATIVE FUNCTIONS - functions that are designed to support the line functions and assist in the performance of the line functions - examples of the staff functions of the police are planning, research, budgeting and legal advice 3. AUXILIARY FUNCTIONS - functions involving the logistical operations of the organization - examples are training, communication, maintenance, 46
records management, supplies and equipment management ORGANIC UNITS IN A POLICE ORGANIZATION 1. OPERATIONAL UNITS - those that perform primary or line functions - examples are patrol, traffic, investigation and vice control, 2. ADMINISTRATIVE UNITS - those that perform the administrative functions examples are personnel, finance, planning and training. 3. SERVICE UNITS - those that perform auxiliary functions - examples are communication, records management,supplies. ORGANIZATIONAL STRUCTURE - the systematic arrangement of the relationship of the members, positions,departments and functions or work of the organization - it is comprised of functions, relationships, responsibilities and authorities of individuals within the organization 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 out - involves few departments 2. FUNCTIONAL - structure according to functions and specialized units - depicts staff functions of the organization - responsibilities are divided among authorities who are all accountable to the authority above. 3. LINE AND STAFF - a combination of the line and functional kind - combines the flow of information from the line structure with the staff departments that service, advise, and support them 47
- generally more formal in nature and has many departments ORGANIZATIONAL PRINCIPLES FOUR PRIMAL CONDITIONS OF AN ORGANIZATION 1. AUTHORITY - the supreme source of government for any particular organization - the right to exercise, to decide and to command by virtue of rank and position 2. MUTUAL COOPERATION - an organization exists because it serves a purpose. 3. DOCTRINE - provides for the organization’s objectives - provides the various actions, hence, policies, procedures, rules and regulations of the org. are based on the statement of doctrines 4. DISCIPLINE - comprising behavioral regulations ELEMENTS OF POLICE ORGANIZATION 1. UNITY OF COMMAND - dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the execution of orders 2. SPAN OF CONTROL - the maximum number of subordinates that a superior can effectively supervise Factors affecting the span of control: a) Leadership qualities of the supervisors b) Nature of the job and work conditions 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. 4. HIERARCHY OF AUTHORITY - the relationship between superiors and subordinates - serves as the framework for the flow of authority downward and obedience upward through the 48
department HIERARCHY - represents the formal relationship among superiors and subordinates in any given organization 5. SPECIALIZATION - the assignment of particular personnel to particular tasks SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION) - the designation of certain activities or tasks as ones that must be performed in a highly. technological,scientific or precise manner - areas of police specialization include undercover works, crime scene operations, legal advising, computer work, SWAT operations and others SPECIALIZATION OF PEOPLE (SPECIALISTS) - the designation of particular persons as having expertise in a specific area of work - signifies the adaptation of an individual to the requirements through extensive training 6. CHAIN OF COMMAND - the arrangement of officers from top to bottom on the basis of rank or position and authority. 7. COMMAND RESPONSIBILITY - dictates that immediate commanders shall be responsible for the effective supervision and control. BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM The institution of police in the Philippines formally started during the Spanish period. The establishment of the police force was not entirely intended for crime prevention nor peacekeeping. Rather, it was created as an extension of the colonial military establishment. Ancient Roots The forerunner of the contemporary police system was the practice of barangay chieftains to select able-bodied young men to protect their barangay during the night and were not required to work 49
in the fields during daytime.Among the duties of those selected were to protect the properties of the people in the barangay and protect their crops and livestock from wild animals. Spanish Period Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations of the Department of State; this was armed and considered as the mounted police; years after, this kind of police organization discharged the duties of a port, harbor and river police. Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January 1836, this decree provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for three years Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially relieve the Spanish Peninsular troops of their work in policing towns,it consisted of a body of Filipino policemen organized originally in each of the provincial capitals of the central provinces of Luzon under the Alcalde Mayor American Period The Americans established the United States Philippine Commission headed by General Howard Taft as its first governor-general. On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No 70of the Taft Commission. This has become the basis for the celebration of the anniversary of the Manila’s Finest every January 9th. ACT NO 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary”,enacted on July 18, 1901. Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of the Philippine Constabulary.The first chief of the Philippine Constabulary in 1901. ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901. 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, 50
enacted on October 3, 1901 Executive Order 389 – ordered that the Philippine Constabulary be one of the four services of the Armed Forces of the Philippines, enacted on December 23, 1940. Post-American Period RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on September 8, 1966; created the Police Commission (POLCOM) as a supervisory agency to oversee the training and professionalization of the local police forces under the Office of the President; later POLCOM was renamed into National Police Commission (NAPOLCOM). Martial Law Period PD 765 – otherwise known as the Integration Act of 1975,enacted on August 8, 1975; established the Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local police forces as components, under the Ministry of National Defense - transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense Post Martial Law Regime Executive Order No 1012 – transferred to the city and municipal government the operational supervision and direction over all INP units assigned within their locality; issued on July 10, 1985 Executive Order No 1040 – transferred the administrative control and supervision of the INP from the Ministry of National Defense to the National Police Commission RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on December 13,1990; reorganized the DILG and established the Philippine National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology and the Philippine Public Safety College. RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on February 25, 1998; this law amended certain provisions of RA 6975. 51
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for appointment to the PNP and adjusting the promotion system; approved on 12 August 2009. - An Act extending for five (5) years the reglementary period for complying with the minimum educational qualification for appointment to the PNP and adjusting the promotion system thereof,amending for the purpose pertinent provisions of RA 6975 and RA 8551 and for other purposes. Administration of Police Organization Review Questions 1 1.A primary subdivision of a bureau with a department wide responsibility for providing a specific specialized functions. A.Section B.Sector C.Squad D.Detail 2.A subdivision of a squad A.Section B.Unit C.Sector D.Detail 3.A subdivision of a unit. A.Section B.Unit C.Squad D.Detail 4.A subdivision of a section. A.Precinct B.Unit C.Squad D.Detail 5.The primary geographic subdivision of a precinct. A.Post B.Sector C. Section D.Unit 6.The primary subdivision of a sector. A.Post B.Beat C. Unit 52
D.Sector 7.One of several tours of duty. A.Detail B.Post C. Shift D.Beat 8.Fixed geographic location usually assigned to an individual officer A.Post B.Beat C. Shift D.Section 9.The primary geographic subdivision of the patrol operation bureau. A. Precinct B.Section C. Sector D.Unit 10.It means planning the work of the department and of the personnel in an orderly manner. A.Plan B.Delegate C. Oversee D.Organize Memorize the following: 1.Organize - it means planning the work of the department and of the personnel in an orderly manner. 2.Oversee - It means that the supervisor ensures that the work that has been organized and delegated is satisfactorily completed. 3.Delegate - It means giving someone else the responsibility and authority to do something. 4.Precinct - the primary geographic subdivision of the patrol operation bureau. 5.Post - Fixed geographic location usually assigned to an individual officer. 6.Shift - one of several tours of duty. 53
7.Beat - the primary subdivision of a sector. 8.Sector - the primary geographic subdivision of a precinct. 9.Unit - subdivision of a section. 10.Squad - a subdivision of a unit. 11.Detail - a subdivision of a squad. 12.Section - a primary subdivision of a bureau with a department wide responsibility for providing a specific specialized functions. Answers: Administration of Police Organization 1. A 2. D 3. C 4. B 5. B 6. B 7. C 8. A 9. B 10. D Administration Of Police Organization Review Questions 2 1. A nationwide, cooperative statistical effort of law enforcement agencies voluntarily reporting data on crimes brought to their attention. A. National Crime Reporting B. Uniform Crime Reporting C. National Statistic Report D. National Police Crime Report 2. It post the location of murder's,rapes,robberies,carnapping and other major crimes of the locality. A. Crime hot spots B. Crime incident location C. Crime spot map D. Crime mapping 3. It post the the motor vehicle and pedestrian accident which occur in the area. 54
A. Traffic spot map B. Traffic crime map C. Traffic statistic report D. Traffic incidence report 4. Useful to indicate the traffic accidents and crime location. A.Traffic map B. Traffic and crime map C. Crime map D. Spot map 5. Each time any file is issued, a record should be made on a color charge-out which is often called a “Substitution Card” or an “Out Card” which takes the place of a file that has been removed from the cabinet. A. Borrower's card B. Document card C. Borrower's slip D. Charged out card 6. A file showing the history of each police officer, both prior and subsequent to joining the force, is indispensable. A. Personal records B. Policy,order,memoranda file C. Assignment record D. Correspondence file 7. This consist of set or records of communications classified, arranged and filed alphabetically by the subject to which they pertain. A. Personal record B. Policy,order,memoranda file C. Assignment record D. Correspondence file 8. This consist of photographic records of known criminals and describe the procedure how criminals commit crime. A. Modus operandi file B. Operation file C. Method of operation file D. Criminal file 9. A notation put into a file to indicate that a record is not stored in that file but in some other location specified therein.It tells the filer or searcher where to find the needed material. A. Reference 55
B. Cross reference C. File notation D. Cross location 10.Making an identifying mark on the item to be stored to indicate what classifications it is to be filed . A. Identifying B. Classifying C. Coding D. Differentiating Remember the ff: Administration of Police Organization 1. Uniform Crime Reporting - A nationwide, cooperative statistical effort of law enforcement agencies voluntarily reporting data on crimes brought to their attention. 2. Crime spot map - It post the location of murder's,rapes, robberies,carnapping and other major crimes of the locality. 3. Traffic spot map - It post the the motor vehicle and pedestrian accident which occur in the area. 4. Spot map - Useful to indicate the traffic accidents and crime location. 5. Charged out card - Each time any file is issued, a record should be made on a color charge-out which is often called a Substitution Card or an Out Card which takes the place of a file that has been removed from the cabinet. 6. Personal records - A file showing the history of each police officer, both prior and subsequent to joining the force, is indispensable. 7. Correspondence file - This consist of set or records of communications classified, arranged and filed alphabetically by the subject to which they pertain. 8. Modus operandi file - This consist of photographic records of known criminals and describe the procedure how criminals commit crime. 9. Cross reference - A notation put into a file to indicate that a record is not stored in that file but in some other location specified 56
therein.It tells the filer or searcher where to find the needed material. 10.Coding - Making an identifying mark on the item to be stored to indicate what classifications it is to be filed . 11. The accredited professional organization for criminologists in the Philippines is the PCAP - Professional Criminologist Association of the Philippines. 12.The Professional Criminologists Association of the Philippines (PCAP) was accredited by PRC on March 25, 1990 as the professional organization for criminologists in the country. 13. The Board of Examiners for Criminology was created on July 1, 1972, pursuant to Republic Act No. 6506 entitled “An Act Creating the Board of Examiners for Criminologists in the Philippines and For Other Purposes.” 14. The first Board, constituted in 1987, was composed of 1. Dr. Sixto O. de Leon as Chairman 2. Atty. Virgilio B. Andres as member 3. Jaime S. Navarro as member 15.Republic Act No. 6506 - An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other Purposes. 16. Lourdes W. Aniceto - the present chairman of the board of criminology. 17. Ernesto V. Cabrera - the present member of the board of criminology. 1. B 2. C 3. A 4. D 5. D 6. A 7. D 8. A 9. B 10. C
Administration of Police Organization Review Questions 3 57
1. There are how many staff directorate in the Philippine National Police? A. 8 B. 10 C. 12 D. 14 2. The second highest ranking officer in the PNP. A. Deputy Director General for Operation B. Chief of the Directorial Staff C. NCR Director D. None of the Above 3. What is the rank of the PNP Chief of the Directorial Staff? A. 3 Star General B. 2 Star General C. 1 Star General D. None of the Above 4. This theory of Police service is followed by the PNP. A. Continental Theory B. Home Rule Theory C. Modern Rule Theory D. None of the Above 5. Under this theory of police service, policemen are considered servants of the community. A. Continental Theory B. Home Rule Theory C. Modern Rule Theory D. None of the Above 6. Under this theory of police service, policemen are considered servants of the higher authority and people have little share or no share of all there duties nor any direct connection with them. A. Continental Theory B. Home Rule Theory C. Modern Rule Theory D. None of the Above 7. This concept of police service says that punishment is the sole instrument of crime control, throwing more people to jail rather than keeping them out of jail. A. Old Concept B. Modern Concept C. Community Concept 58
D. None of the Above 8. This concept of police service says that the yardstick of efficiency of police is the absence of crime. A. Old Concept B. Modern Concept C. Community Concept D. None of the Above 9. This type of organizational structure divides authority between several specialist. A. Line Organization B. Functional Organization C. Line Staff Organization D. None of the Above 10.It is the simplest type of organizational structure,Channels of authority and responsibility extends in a direct line from top to bottom within the structure. A. Line Organization B. Functional Organization C. Line staff Organization D. None of the Above Answer: 1. B 2. D 3. A 4. B 5. B 6. A 7. A 8. B 9. B 10. A
Administration of Police Organization Reviewer 4 1. This type of organizational structure is found in almost all police organization today. A. Line Organization B. Functional Organization C. Line Staff Organization D. None of the Above
59
2. An organization is effective if it enables the individual to contribute to the organizations objective. A. Principle of Unity of Objective B. Principle of Organizational efficiency C. Scalar Principle D. Unity of Command 3. Organization is effective if it is structured in such a way to aid the accomplishment of the organization's objective with a minimum cost. A. Principle of Unity of Objective B. Principle of Organizational efficiency C. Scalar Principle D. Unity of Command 4. The vertical heirarchy of an organization which defines an unbroken chain of units from top to bottom describing explicitly the flow of authority. A. Principle of Unity of Objective B. Principle of Organizational efficiency C. Scalar Principle D. Unity of Command 5. A subordinate should only follow the command of one superior. A. Unity of command B. Span of control C. Delegation of authority D. Principle of balance 6. The control of superior should not be more than what he can effectively direct. A. Unity of command B. Span of control C. Delegation of authority D. Principle of balance 7. The assignment of authority and responsibility to another person. A. Unity of command B. Span of control C. Delegation of authority D. Principle of balance 8. Refers to the division of work according to type, place, time and specialization. A. Functional Principle B. Line and Staff principle 60
C. Principle of balance D. Principle of delegation result 9. To ensure the effectiveness of the structure in meeting the organization's objective. A. Functional Principle B. Line and Staff principle C. Principle of balance D. Principle of delegation result expected 10.That which implies the system of varied functions, arrange into a workable pattern. A. Functional Principle B. Line and Staff principle C. Principle of balance D. Principle of delegation result expected Answer: 1. C 2. A 3. B 4. C 5. A 6. B 7. C 8. A 9. C 10. B
Administration of Police Organization Review Questions 5 1. The authority delegated should be adequate to ensure the ability to accomplish expected result. A. Functional Principle B. Line and Staff principle C. Principle of balance D. Principle of delegation result expected 2. The responsibility of the subordinates to their superior for performance is absolute and superior can not escape responsibility for the organization on activities performed by their subordinates. A. Principle of Absolute Responsibility B. Principle of balance C. Principle of Parity and Responsibility D. Principle of delegation
61
3. The responsibility for actions can not be greater than that implied by the authority delegated nor should it be less. A. Principle of Absolute Responsibility B. Principle of balance C. Principle of Parity and Responsibility D. Principle of delegation 4. This law organized the Manila Police department. A. Act 183 B. R.A. 8551 C. E.O. 1012 D. E.O. 1040 5. Transferred the operational supervision and direction over all INP units to the city and municipal government. A. Act 183 B. R.A. 8551 C. E.O. 1012 D. E.O. 1040 6. Transferred the administrative control and supervision of the INP from Ministry of National Defense to the office of the Napolcom. A. Act 183 B. R.A. 8551 C. E.O. 1012 D. E.O. 1040 7. The Transfer of the administrative control and supervision of the INP from Ministry of National Defense to the office of the Napolcom took effect on. A. July 10, 1985 B. July 10, 1986 C. July 10, 1987 D. July 10, 1988 8. The Manila Police Department was organized on. A. July 31, 1900 B. July 31, 1901 C. July 31, 1902 D. July 31, 1903 9. Granted to those who possesses the mandatory promotional requirement. A. Regular Promotion B. Special Promotion 62
C. A and B D. None of the Above 10.Extended to PNP members who acted conspicuously beyond and above the call of duty. A. Regular Promotion B. Special Promotion C. A and B D. None of the Above Answer: 1. D 2. A 3. C 4. A 5. C 6. D 7. A 8. B 9. A 10. B
Administration of Police Organization Review Questions 6 1. A PNP officer before eligible for promotion to the rank of Senior Superintendent must first obtained what mandatory training requirement? A. General Staff Course B. Officer Senior Executive Course C. Officer Advance Course D. Officer Basic Course 2. A PNP officer before eligible for promotion to the rank of Superintendent must first secure what mandatory training requirement? A. General Staff Course B. Officer Senior Executive Course C. Officer Advance Course D. Officer Basic Course 3. A PNP officer before eligible for promotion to the rank of Chief Inspector must first secure what mandatory training requirement. A. General Staff Course B. Officer Senior Executive Course C. Officer Advance Course 63
D. Officer Basic Course 4. A PNP officer before eligible for promotion to the rank of Senior Inspector must first secure what mandatory training requirement. A. General Staff Course B. Officer Senior Executive Course C. Officer Advance Course D. Officer Basic Course 5. Before an officer is appointed to the rank of PNP Inspector, He/She must finish what mandatory training requirement? A. General Staff Course B. Officer Senior Executive Course C. Officer Candidate Course D. Officer Basic Course 6. Before a PNP enlisted personnel is appointed to the rank of SPO3 to SPO4, what mandatory training requirement must he/she undertake? A. Senior Leadership Course B. Basic Leadership Course C. Public Safety Basic Course D. None of the Above 7. Before a PNP enlisted personnel is appointed to the rank of PO2 to PO3, what mandatory training requirement must he/she undertakes? A. Senior Leadership Course B. Basic Leadership Course C. Public Safety Basic Course D. None of the Above 8. Highest award in the PNP. A. Medalya ng Kasanayan B. Medalya ng Kabayanihan C. Medalya ng Katapangan D. Medalya ng Kagitingan 9. PNP's mandatory retirement age. A. 55 B. 56 C. 60 D. 65
64
10. Optional retirement requires the approval of the A. DILG Secretary B. Napolcom C. Chief of the PNP D. President of the Philippines Answer: 1. A 2. B 3. C 4. D 5. C 6. A 7. C 8. D 9. B 10. B Note: Mandatory Promotional Requirement 1. Educational Attainment 2. Time in Grade 3. Eligibility 4. Mandatory Training Requirement 5. Performance Evaluation Rating 6. Awards and Commendations Received 7. Clearances Mandatory Training Requirement 1. Senior Superintendent - GSC (General Staff Course, MNSA, or MPSA (Master in Public Safety Administration) 2. Superintendent - OSEC (Officer Senior Executive Course) 3. Chief Inspector - Officer Advance Course 4. Senior Inspector - Officer Basic Course 5. Inspector - Officer Candidate Course 6. SPO3 to SPO4 - Senior Leadership Course 7. SPO1 to SPO2 - Basic leadership Course 8. PO2 to PO3 - Public safety Basic Course Performance Evaluation Rating - made by supervisor twice a year. January to June, July to December 65
5 4 3 2 1
- Outstanding - Very Satisfactory - Satisfactory - Fair – Poor
Administration of Police Organization Definition of Terms Area - a section or territorial division of a large city each composed of designated districts. Beat - an area designated for patrol purposes whether on foot or motorized. Bureau - largest organic unit within a large department. Commanding Officer- an officer who is in command of the department, a bureau, a division, an area, or a district. Department Rules - rules established by department directors\superiors to control the conduct of the members of the police force. District - a geographical subdivision of a city for patrol purposes usually with its own station. Division - a primary subdivision of a bureau. Duty Manual - describes the procedures and defines the duties of officers assigned to specified post or position. Formal Organization - is defined as those organizations that are formally established for explicit purpose of achieving certain goals. Functional Organization - The functional responsibility of each functional manager is limited to the particular activity over which he has control, regardless of who performs the function. Henry Allen - a captain, first chief of the constabulary. Informal Organization - are those sharing the basic characteristic of all organizations arise through the social interactions of individuals or through family grouping. Leave of Absence- period, which an officer is excused from active duty by any valid reason, approved by higher authority. Length of Service- the period of time that has elapsed since the oath of office was administered.Previous active services may be included or added. 66
Line Organization - is the simplest and the oldest types of organization where responsibility extends in a direct line from top to bottom within the structures and authority is definite and absolute. line and staff organization is a combination of the line and functional types. Off Duty - the nature of which the police officer is free from specific routine duty. On Duty - the period when an officer is actively engaged in the performance of his duty. Order – an instruction given by a ranking officer to a subordinate. Organization - It is a form of human association for the attainment of goal or objective. patrol officer - is the backbone of the police department. PD 765 - created the PC-INP. Police - is a branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society. Police organization - is a group of trained personnel in the field of public safety administration engaged in the achievement of goals andobjectives that promotes the maintenance of crimes. Post - a fixed point or location to which an officer is assigned for duty, such as a designated desk or office or an intersection or cross walk from traffic duty.It is a spot location for general guard duty. Ranking Officer- the officer who has the senior rank in a team or group. RA 4864 - established Napolcom.Known as police act of 1966. Rafael Crame - first filipini chief of the constabulary. Report - usually a written communication unless otherwise specifies to be verbal reports; verbalreports should be confirmed by written communication. Route - (line beat) a length of street designated for patrol purposes. Section - functional units within a division. Sector - an area containing two or more beat, route, or post. Sick leave - period which an officer is excused from active duty by reason of illness or injury.
67
Special Duty - the police service, its nature, which requires that the officer be excused from the performance of his active regular duty. Superior Officer- one having supervisory responsibilities, either temporarily or permanently, over officers of lower rank. Suspension - a consequence of an act which temporarily deprives an officer from the privilege of performing his duties as result of violating directives or other department regulations. Sworn Officers - all personnel of the police department who have taken oath and who posses the power to arrest. Unit - functional group within a section; or the smallest functional group within an organization.
Patrol Organization and Operation Reviewer 1 1. Sir Robert Peel introduced the Metropolitan Police Act and passed by the parliament of England on A. 1828 B. 1829 C. 1830 D. 1831 2. Considered as the father of modern policing system. A. Sir Robert Peel B. August Vollmer C. Edgar Hoover D. Henry Armstrong 3. In the principles of law enforcement enunciated by Sir Robert Peel, the basic mission of the police is A. Prevention of crime B. Enforcement of the law C. Maintenance of peace and order D. None of the above 4. One of the feature of this act is that no freeman shall be taken or imprisoned except by the judgment of his peer A. Magna Carta B. Statute of 1295 C. Legies Henry D. None of the above 5. The closing of gates of London during sun down. This mark 68
the beginning of the curfew hours A. Statute of 1295 B. Statute of 1775 C. Statute of 1827 D. Statute of 1834 6. A Position having power to arrest, punish, and imposes imprisonment. A. Justice of the Peace B. Sheriff C. Star Chamber Court D. traveling Judge 7. A Special Court that tried cases against the state. A. Shire-Reeve B. Star Chamber Court C. Magna Carta D. Legies Henry 8. He is held responsible in passing judgment that was taken from the shire-reeve in view of some abuses. A. Legies Henry B. star Chamber Court C. Justice of the Peace D. Traveling Judge 9. An Act enacted in England with the following features: a. Policeman became public servant b. The Police has a broad power of arrest c. Grand Jury was created to inquire on the violations of the law. A. Statute of 1295 B. Star Chamber Court C. Legies Henry D. Magna Carta 10. Shire means A. Ruler B. District C. Police D. Judge 11. Reeve means A. Ruler B. District C. Police D. Judge
69
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
B A A A A A B D C B A
Patrol Organization and Operation Reviewer 2 1. A round line or district area regularly traversed by foot police patrol. A. Bureau B. Division C. Section D. Beat 2. One of the advantage of this patrol is that the patrolman knows the area and people in his beat. A. Bicycle Patrol B. Horse Patrol C. Motorized Patrol D. Foot Patrol 3. Backbone of the police service in the community. A. Police Intelligence B. Police Investigation C. Police Patrol D. None of the above 4. One of the following types of police patrol is currently not used in the Philippines. A. Mobile Patrol B. Foot Patrol C. Animal Patrol D. Aircraft Patrol 5. It is the largest segment of a police station. 70
A. Police Patrol B. Police Investigation C. Police Intelligence D. None of the Above 6. From the time of the receipt of the call by the police dispatcher to the arrival of the mobile patrol at the scene. A. Response Time B. Preparation Time C. Speed Time D. None of the Above 7. Which of the following kind of patrol is most effective in parade and crowd control. A. Foot Patrol B. Horse Patrol C. Mobile Patrol D. Aircraft Patrol 8. One of the advantage of this kind of patrol is stealth silence for movement. A. Foot Patrol B. Bicycle Patrol C. Mobile Patrol D. Horse Patrol 9. An electronic equipment that has helped the police in its record, storage, and location system. A. Walkie Talkie B. Vault C. File Room D. Computer 10. One electronic gadget or equipment that has assisted immediately the police investigation and interrogation in his work. A. Walkie Talkie B. Tape Recorder C. Computer D. None of the Above
Patrol Organization Reviewer 3: Next Page 71
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
D D C D A A B B D B
1. Backbone of the police department. A. Intelligence B. Patrol C. Investigation D. Vice Control 2. Established the fist English police department, the London metropolitan police in 1829. A. O.W Wilson B. Sir Robert Peel C. Henry Fielding D. None of the Above 3. He laid the foundation for the first modern police force. he was appointed magistrate in Westminster in 1748. A. Henry Fielding B. Sir Robert Peel C. O.W. Wilson D. None of the Above 4. A Chicago Police department superintendent, he introduced a one man mobile patrol except in ghetto and crime ridden section of the city. The rationale is that help is a microphone away. A. O.W. Wilson B. Sir Robert Peel C. Henry Fielding D. None of the Above 72
5. Required all men in a given town to serve on the night watch. A. Hue and Cry B. Shires C. Parish constable D. Watch and Ward 6. Ten tithings or 100 families under the charge of a constable. A. Shire B. Parish Constable C. Beadies D. Hundred 7. Groups of hundreds within a specific geographic area.They were put under the control of the King and were governed by a shire-reeve or sheriff. A. Shires B. Parish Constable C. Beadies D. Tithings 8. Ten families who grouped together to protect one another and to assume responsibility for the acts of the group member. A. Hundred B. Shires C. Tithings D. Beadies 9. Enacted in 1285 in England, it established a rudimentary criminal justice system in which most of the responsibility for law enforcenment remained with the people themselves. A. The Hue and Cry B. shire-reeve C. Statute of Winchester D. Magna carta 10.He was responsible for organizing and supervising the watch A. Shire-reeve B. Shire C. Magistrate D. Parish Constable 73
Answer: 1. B 2. B 3. A 4. A 5. D 6. D 7. A 8. C 9. C 10.D
Patrol Organization and Operation Reviewer 4 1. He assisted the justices of the peace by presiding the courts, ordering arrest, calling witnesses and examining prisoners A. Parish Constable B. Sheriff C. Magistrates D. Shire 2. This office was created to assist the shire-reeve in non urban areas A. Justice of the Peace B. Parish Constable C. Magistrates D. Watchmen 3. This office was created to assist the shire-reeve in urban areas. A. Justice of the Peace B. Parish Constable C. Magistrates D. Watchmen 4. Patrolling the streets from dusk till dawn to insure that all local people were indoors and quite and to insure that no strangers were roaming around. A. Justice of the peace B. Parish Constable C. Magistrates D. Watchmen
74
5. A system of apprehending criminals whereby a complainant goes in the middle of the street and shout at the top of his voice calling all males to assemble and indicates the whereabouts of the culprit. A. Royal Judge B. Magistrates C. Watchmen D. Hue and Cry 6. He conducts Criminal investigation and give punishment. A. Royal Judge B. Magistrate C. Watchmen D. Parish Constable 7. Suspects were required to place their hands in boiling water. When not hurt, he will be acquitted, if not he is guilty of the crime. A. Hue and Cry B. Shire C. Trial by Ordeal D. None of the Above 8. An Anglo-saxon period of policing system where the residents themselves were required to preserve the peace and order and protect life and properties of the people. A. Hue and Cry B. Royal Judge C. Trial by ordeal D. Tun policing system 9. The cooperative human effort to achieve the purpose of criminal justice system. A. Civil Administration B. Police Administration C. Patrol Administration D. None of the above 10.This law established the Napolcom under the office of the President. It is also known as the Police Act of 1966. A. R.A. 6975 B. C.A. 181 C. R.A. 4864 D. R.A. 4668
Answer: 75
1. C 2. A 3. B 4. D 5. D 6. A 7. C 8. D 9. B 10. C
Patrol Organization and Operation Reviewer 5 1. An area containing two or more beat, route, or post. A. Sector B. District C. Area D. None of the Above 2. A geographical subdivision of a city for patrol purposes usually with its own station. A. Sector B. District C. Area D. None of the Above 3. A section or territorial division of a large city each composed of designated districts. A. Sector B. District C. Area D. None of the Above 4. All personnel of the police department who have taken oath. A. Duty officer B. Subordinate officer C. Sworn officer D. Commanding officer 5. Describes the procedure that defines the duties of officers assigned to specific post or position. A. Duty Manual B. Mission Order 76
C. Special Order D. Office Manual 6. The Japanese Military Police. A. Kempetai B. Sepuko C. Arigato D. Kimchi 7. The Manila Police Department was formally organized on this date. A. July 31, 1901 B. July 31. 1902 C. August 1, 1901 D. August 1, 1902 8. The PC (Philippine Constabulary) was organized as the first insular police force on this date. A. July 31, 1901 B. July 31, 1902 C. August 1, 1901 D. August 1, 1902 9. The First Chief of the PC (Philippine Constabulary). A. Ronald John Hay B. Henry Allen C. George Cury D. John Burnham 10. The First chief of police of Manila. A. Henry Allen B. George Cury C. Howard Taft D. Tomas Clark Answer: 1. A 2. B 3. C 4. C 5. A 6. A 7. A 8. C 9. B 10. B 77
Police Operational Planning Police Operational Planning - the act of determining policies and guidelines for police activities and operations and providing controls and safeguards for such activities and operations in the department. Involves strategies or tactics, procedures, policies or guidelines. Operational Planning - the use of rational design or patten for alldepartmental undertakings rather than relying on chance in an operational environment. The preparation and development of procedures andtechniques in accomplishing each of the primary tasks and functions of an organization. Police Planning - an attempt by police administrators in trying to allocate anticipated resources to meet anticipated service demands. The systematic and orderly determination of facts and events as basis for policy formulation and decision making affecting law enforcement management. Planning - the determination in advance of how the objectives of the organization will be attained; involves the determination of a course of action to take in performing a particular function or activity. The process of developing methods or procedures or an arrangement of parts intended to facilitate the accomplishment of a definite objective. The process of deciding in advance what is to be done and how it is to be done. Plan - an organized schedule or sequence by methodical activities intended to attain a goal or objectives for the accomplishment of mission or assignment. A method or way of doing something in order to attain objectives and provides answers to the 5Ws and 1H. Strategy - a broad design or method or a plan to attain a stated goal or objective. Tactics - are specific design, method or a course of action to attain a particular objective in consonance with strategy. Procedures - are sequences of activities to reach a point or to attain what is desired. Policy - a course of action which could be a program of actions adopted by an individual, group, organization or government or the set of principles on which they are based.
case operational plan (COPLAN) - a definite target - specific activity conducted in relation to an intelligence project under which it is affected. Several case operations may fall under one intelligence project.- refers to a preparatory plan on how to carry out a case operation which is the last resort to pursue intelligence objectives when normal police operations fail.
command post/holding area - area where case conferences, briefings and debriefings are being conducted by the responding agencies. 78
dragnet operation - is a police operation purposely to seal off the probable exit points of fleeing suspect from the crime scene to prevent their escape.
Management or Administrative Functions 1. Planning 2. Organizing 3. Directing 4. Controlling 5. Staffing 6. Reporting 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
Police Operational Planning Reviewer 1 1. The determination in advance of how the objectives ofthe organization will be attained. A. Planning B. Organizing C. Directing D. Controlling 2. involves the determination and allocation of the men and women as well as the resource of an organization to achieve pre-determined goals or objectives of the organization. 79
A. Planning B. Organizing C. Directing D. Controlling 3. It involves the overseeing and supervising of the human resources and the various activities in an organization to achieve through cooperative efforts the pre-determined goals or objectives of theorganization. A. Planning B. Organizing C. Directing D. Controlling 4. It involves the checking or evaluation and measurement of work performance and comparing it with planned goalsor objectives of the organization, and making thenecessary corrective actions so that work is accomplished as planned. A. Planning B. Organizing C. Directing D. Controlling 5. The task of providing competent men to do the job and choosing the right men for the right job-involves good selection and processing of reliable and well-trained personnel. A. Staffing B. Reporting C. Budgeting D. Controlling 6. The making of detailed account of activities, work progress, investigations and unusual in order to keepevery one informed or what is going on. A. Staffing B. Reporting C. Budgeting D. Controlling 7. The forecasting in detail of the results of an officially recognized program of operations based onthe highest reasonable expectations of operatingefficiency. A. Staffing B. Reporting C. Budgeting D. Controlling 80
8. This is intended to be used in all situations of all kinds, which shall be outlined to guide officers and men in the field. A. Field Procedure B. Headquarter's Procedure C. Special Operating Procedure D. None of the Above 9. To be included in these procedures are the duties of the dispatcher, jailer, matron, and other personnel concerned, which may be reflected in the duty manual. It also involves coordinated action on activity of several offices. A. Field Procedure B. Headquarter's Procedure C. Special Operating Procedure D. None of the Above 10.Certain special operations also necessitate the preparation of procedures as guides. A. Field Procedure B. Headquarter's Procedure C. Special Operating Procedure D. None of the Above
Answer: 1. A 2. B 3. C 4. D 5. A 6. B 7. C 8. A 9. B 10. C
Police Operational Planning Reviewer 2 1. A general statement of intention and typically with a time horizon. A. Goal B. Objective C. Plan D. Strategy 81
2. Specific commitment to achieve a measurable result within a specific period of time. A. Goal B. Objective C. Plan D. Strategy 3. An organize schedule or sequence by methodical activities intended to attain a goal and objectives for the accomplishment of mission or assignment. A. Goal B. Objective C. Plan D. Strategy 4. Is an attempt by administration to allocate anticipated resources to meet anticipated service demands. A. Police Planning B. Planning C. Strategy D. Plan 5. A process of preparing for change and copping uncertainty formulating future causes of action, the process of determining the problem of the organization coming up with proposed resolution and finding best solution. A. Police Planning B. Planning C. Strategy D. Plan 6. It is a broad design, method, a plan to attain a stated goal or objective. A. Police Planning B. Planning C. Strategy D. Plan 7. It is a specific design, method, or course of action to attain a particular objective in accordance with strategy. A. Tactic B. Procedure C. Policy D. Guidelines
82
8. A sequence of activities to reach a point or to attain that which is desired. A. Tactic B. Procedure C. Policy D. Guidelines 9. A product of prudence or wisdom in the management of human affairs. A. Tactic B. Procedure C. Policy D. Guidelines 10.A rule of action for the rank and file to show them and they are expected to obtain the desired effect. A. Tactic B. Procedure C. Policy D. Guidelines
Answer: 1. A 2. B 3. C 4. A 5. B 6. C 7. A 8. B 9. C 10. D
Police Operational Planning Reviewer 3 1. Set of procedure to meet varying degree of emergency while at the same time providing continuing police coverage of areas not affected by the emergency. A. General Emergency Plan B. Specific Emergency Plan C. Policy D. Guidelines 83
2. A sub-type of plan to meet unusual needs which is similar to general emergency plan but it is basically to certain specific situation. A. General Emergency Plan B. Specific Emergency Plan C. Policy D. Guidelines 3. It relates to plans which are strategic or long range in application, it determine the organizations original goals and strategy. A. Strategic plan B. Intermediate plan C. Operational plan D. None of the Above 4. It relates to plans which determine quantity and quality efforts and accomplishment. It refers to the process of determining the contribution on efforts that can make or provide with allocated resources. A. Strategic plan B. Intermediate plan C. Operational plan D. None of the Above 5. It refers to the production of plans which determines the schedule of special activity and are applicable from one week to less than a year duration. A. Strategic plan B. Intermediate plan C. Operational plan D. None of the Above 6. It is the basic principle in planning, organizing, and management of the PNP in support of the overall pursuit of the PNP vision, mission, and strategic action plan of the national objective. A. Fundamental Doctrine B. Operational Doctrine C. Functional Doctrine D. None of the Above 7. The principles and rules governing the planning, organization, direction, and employment of the PNP forces in the accomplishment of basic mission of maintenance of peace and order, crime prevention 84
and suppression and security and public safety operations. A. Fundamental Doctrine B. Operational Doctrine C. Functional Doctrine D. None of the Above 8. This provides guidance for special activities of the PNP in the broad field of interest such as personnel, intelligence, operations, logistics, planning. A. Fundamental Doctrine B. Operational Doctrine C. Functional Doctrine D. None of the Above 9. Doctrine formulated jointly by two or more bureau in order to effect a certain operation with regard to public safety and peace and order. A. Fundamental Doctrine B. Operational Doctrine C. Complimentary Doctrine D. Ethical Doctrine 10.It defines the fundamental principle governing the rules of conduct, attitude, behavior and ethical norm of the PNP. A. Fundamental Doctrine B. Operational Doctrine C. Complimentary Doctrine D. Ethical Doctrine Answer: 1. A 2. B 3. A 4. B 5. C 6. A 7. B 8. C 9. C 10. D
Police Operational Planning Reviewer 4 85
1. An organization is more effective if it enables the individual to contribute to the organization. A. Principle of Unity of Objective B. Principle of Organizational Efficiency C. The Scalar Principle D. Functional Principle 2. Organizations structure is effective if it is structured to aid the accomplishment of organizations objective with minimum cost. A. Principle of Unity of Objective B. Principle of Organizational Efficiency C. The Scalar Principle D. Functional Principle 3. The vertical hierarchy of the organization which defines an unbroken chain of scale of units from top to bottom describing explicitly the flow of authority. A. Principle of Unity of Objective B. Principle of Organizational Efficiency C. The Scalar Principle D. Functional Principle 4. This implies a system of varied function arranged into a workable pattern. The line organization refers to the direct accomplishment of the objective. The staff refers to the line organization which is an advisory or facilitative capacity. A. Principle of Unity of Objective B. Principle of Organizational Efficiency C. The Scalar Principle D. Functional Principle 5. The right to exercise, decide and command by virtue of rank and position. A. Authority B. Doctrine C. Discipline D. None of the Above 6. It provides for the organizations objectives, it provides the various actions, hence, policies, procedures, rules, and regulation of the organization are based on the statement of doctrines. A. Authority B. Doctrine C. Discipline 86
D. None of the Above 7. It is imposed by command or self restraint to insure supportive behavior. A. Authority B. Doctrine C. Discipline D. None of the Above 8. Procedures for coping with specific situations and locations. A. Procedural Plan B. Tactical Plan C. Operational Plan D. Extra-Office Plan 9. Plans for the operation of special divisions like patrol, detective, traffic, vice, and juvenile control division. A. Procedural Plan B. Tactical Plan C. Operational Plan D. Extra-Office Plan 10. Standard operating procedures shall be planned to guide members in routine and field operations and in some special operations. A. Procedural Plan B. Tactical Plan C. Operational Plan D. Extra-Office Plan Answer: 1. A 2. B 3. C 4. D 5. A 6. B 7. C 8. B 9. C 10. A Notes: 1. Scalar Principle a. Unity of Command b. Span of Control 87
c. Delegation of Authority d. Chain of Command 2. Five Approaches in Planning a. Synoptic Planning - feasibility study - acceptability study - cost effective analysis b. Must and Wants analysis c. Incremental Planning d. Trans-active Planning e. Advocacy Planning
Police Operational Planning Reviewer 5 1. Standard Operating procedures shall be planned to guide members in routine and field operations and in some special operations. A. Policy/Procedural Plan B. Operational Plan C. Tactical Plan D. Extra-Office Plan 2. Procedures for coping with specific situations at known locations. A. Policy/Procedural Plan B. Operational Plan C. Tactical Plan D. Extra-Office Plan 3. Plans for the operation of special divisions like patrol, detective, traffic, vice and juvenile control division. A. Policy/Procedural Plan B. Operational Plan C. Tactical Plan D. Extra-Office Plan 4. The active interest and participation of individual office is so vital to the success of the integrated police programs tha the integrated police shall continually seek to motivate, promote and maintain an active public concern in its affairs. A. Policy/Procedural Plan B. Operational Plan C. Tactical Plan D. Extra-Office Plan
88
5. It shall map out in advance all operations involved in the organizations management of personnel and material and in the procurement and disbursement of money. A. Policy/Procedural Plan B. Operational Plan C. Management Plan D. Extra-Office Plan 6. Forecasting future events and determining the most effective future activities for the company. A. Planning B. Organizing C. Commanding D. Coordinating 7. Consist of the ways in which the organizational structure is established and how the authority and responsibility are given to managers a tasked called delegation. A. Planning B. Organizing C. Commanding D. Coordinating 8. Managers must supervise subordinates in their daily work, and inspire them to achieve company goals. Likewise it is the responsibility of managers to communicate company goals and policies to subordinates. A. Planning B. Organizing C. Commanding D. Coordinating 9. Concerned with activities designed to create a relationship between all the organizations efforts and individual task. A. Planning B. Organizing C. Commanding D. Coordinating 10. It is a manager's duty to observe and report deviations from plans and objectives, and to make initiatives to correct potential deviations. A. Planning B. Organizing C. Controlling D. Coordinating 89
Answer: 1. A 2. C 3. B 4. D 5. C 6. A 7. B 8. C 9. D 10. C Notes: 1. Types of Plans a. Policy/Procedural Plan b. Tactical plan c. Operational Plan d. Extra-Office Plan e. Management Plan 2. Henry Fayol - (1841 - 1926) - concern was efficiency and effectiveness of the entire organization characterized by five specific functions. a. Planning b. Organizing c. Commanding d. Coordinating e. Controlling 3. Five M of management a. Manpower b. Machine c. Money d. Means/Method e. Material
Intelligence and Secret Service Definition of Terms: Intelligence Agency - is a government agency responsible for the collection,analysis or exploitation of information and intelligence in support of law enforcement,national 90
security,defense and foreign policy objectives. Intelligence Officer - is a person employed by an organization to collect,compile and analyze information which is used to that organization. Counter Intelligence - refers to effort made by intelligenceorganizations to prevent hostile or enemy intelligence organization from successfully gathering and collecting intelligence against them. Human Intelligence - category of intelligence derived from information collected and provided by human sources. Dead Drop/Dead Letter Box - is a method of espionage trade craft used to pass items between 2 individuals using a secret location and thus not require to meet directly. Live Drop - 2 persons meet to exchange items or information. Dead Drop Spike - is a concealment device used to hide money,maps,documents,microfilm and other items. Cut-Out - is a mutually trusted intermediary,method or channel of communication,facilitating the exchange of information between agents. Espionage/Spying - involves a government or individual obtaining information that is considered secret of confidential without the permission of the holder of the information. Agent Handling - is the management of agents,principal agents and agent networks by intelligence officers typically known as case officers. Case Officer - is an intelligence officer who is trained specialist in the management of agents and agent network. Agent - acts on behalf of another whether individual,organization or foreign government, works under the direction of a principal agent or case officer. Cryptography - is the practice and study of techniques for secure communication in the presence of third parties called adversaries. Eaves Dropping - Is the act of secretly listening to the private conversation of others without their consent. Propaganda - is a form of communication that is aimed at influencing the attitude of a community toward some cause or position. Flip - apprehended criminals who turn informants.
91
Snitches - jail house informants. Means of Information Gathering 1.Overt 2.Covert Intelligence Cycle - is the process of developing unrefined data into polished intelligence for the use of policy makers. 1. Direction - intelligence requirements are determined by a decision maker to meet his/her objective. 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 analyst. 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 needs initiated the intelligence requirement. 6. Feedback - is received from the decision maker and revised requirement issued. Evaluation - systematic determination of merit, worth and significance of something or someone using criteria against a set of standards. Collation - is the assembly of written information into a standard order. Crime Triangle 1. the offender 2. the victim 3. the location Crime Intelligence - information compiled, analyzed and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity. Strategic Intelligence - information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and crime control strategies for both short and long terminvestigative tools.
92
Tactical Intelligence - information regarding a specific criminal event that can be used immediately by operational units to further a criminalinvestigation plan tactical operations and provide for officer safety. Open Source - refers to any information that can be legitimately obtained e. free on request, payment of a fee. Source - the place or person from which information is obtained. Intelligence Assessment - is the development of forecasts of behavior or recommended courses of action to the leadership of an organization based on a wide range of available information sources both overt and covert. Intelligence Analysis - is the process of taking known information about situations and entities of strategic, operational, or tactical importance, characterizing the known and with appropriate statements of probability. the future actions in those situations and by those entities. Cryptanalysis - from the Greek word Kryptos-hidden and Analyein-to loosen or to unite - is the art of defeating cryptographic security systems and gaining access to the contents of encrypted messages without being given the cryptographic key.
Intelligence and Secret Service Reviewer 1
1. Knowledge of a possible or actual enemy or area of operations acquired by the collection,evaluation and interpretation of military information. A. Combat intelligence B. Police Intelligence C. Military Intelligence D. Counter intelligence 2. Knowledge of the enemy,weather and the terrain that is used in the planning and conduct of tactical operations. A. Combat intelligence B. Police intelligence C. Military Intelligence D. Counter-intelligence
93
3. Activity pertains to all security control measures designed to ensure the safeguarding of information against espionage, personnel against subversion and installations or material against sabotage. A. Combat intelligence B. Police intelligence C. Military intelligence D. Counter intelligence 4. Those which seek to conceal information from the enemy. A. Passive counter intelligence measures B. Active counter intelligence measures C. Strategic intelligence D. Tactical intelligence 5. Those that actively block the enemy's attempt to gain information of enemy's effort to engage in sabotage or subversion. A. Passive counter intelligence measures B. Active counter intelligence measures C. Strategic intelligence D. Tactical intelligence 6. When the source of the information comes from a police intelligence officer of long experience and extensive background, the evaluation of reliability of information is labeled. A. A B. B C. C D. D 7. When there is no adequate basis estimating the reliability of an information,the evaluation of the reliability of the information is labeled. A. A B. F C. E D. D 8. The current head of the PNP directorate for intelligence is A. Catalino Cuy B. Cipriano Querol Jr. C. Lina Sarmiento D. Angelito Pacia
94
9. Knowledge in raw form is known as A. Intelligence B. Information C. Awareness D. Cognition 10.The resolving or separating of a thing into its component parts. A. Analysis B. Evaluation C. Collation D. Collection
Remember the ff: Intelligence and Secret Service Methods of reporting information A. Evaluation of reliability of information - indicated by a letter as follows: A - completely reliable B - usually reliable - informant is of known integrity C - fairly reliable D - nor usually reliable E - Unreliable F - reliability not judge - no adequate basis estimating the reliability of the source. B. Evaluation of accuracy of information - indicated by numerals as follows: 1 2 3 4 5 6
-
confirmed by other agencies probably true possibly true doubtfully true improbable truth can not be judged
Answer 1. 2. 3. 4.
C A D A 95
5. 6. 7. 8. 9. 10.
B A B B B A
Intelligence and Secret Service Reviewer 2 1. Ancillary materials that are included in a cover story or deception operation to help convince the opposition or casual observers that what they are observing is genuine. A. Walk-in B. Warming room C. Window Observing D. Window dressing 2. A surveillance team usually assigned to a specific target. A. Window observer B. Window dressing C. Stake-out team D. Watcher team 3. A location out of the weather where a surveillance team can go to keep warm and wait for the target. A. Warming room B. Rest room C. Station room D. Waiting room 4. A defector who declares his intentions by walking into an official installation, or otherwise making contact with an opposition g government, and asking for political asylum or volunteering to work in place. Also known as a volunteer. A. Enemy traitor B. Asylum seeker C. Enemy defector D. Walk-in 5. The methods developed by intelligence operatives to conduct their operations. A. Trade craft B. Operational technique C. Trade secret D. Operational secret 6. It focuses on subject or operations and usually short term. 96
A. Strategic intelligence B. Counter intelligence C. Tactical intelligence D. Long-term intelligence 7. Concerns with the security of information,personnel,material and installations. A. Strategic intelligence B. Counter intelligence C. Tactical intelligence D. Long-term intelligence 8. Deals with political,economic,military capabilities and vulnerabilities of all nations. A. Strategic intelligence B. Counter intelligence C. Tactical intelligence D. Long-term intelligence 9. Tradecraft techniques for placing drops by tossing them while on the move. A. Tosses B. Dropping C. Throwing D. Drops 10.A dead drop that will be retrieved if it is not picked up by the intended recipient after a set time. A. Picked drop B. Timed drop C. Abandoned drop D. Recovered drop You may want to read the ff: intelligence and secret service A. Four Axioms of intelligence 1. Intelligence is crucial to intel security 2. Intelligence is crucial to all types of operations 3. Intelligence is the responsibility of all intelligence agencies 4. Intelligence of the government must be superior to that of the enemy. B. Intelligence - product resulting from the collection,evaluation analysis,integration and the interpretation of all available information. - is a processed information. 97
C. Data + analysis = Intelligence D. Police intelligence - used in the preparation and execution of police plans,polices and programs. Answers: Intelligence and Secret Service 1. D 2. D 3. A 4. D 5. A 6. C 7. C 8. A 9. A 10. B Intelligence and Secret Service Reviewer 3
1. Technical air sampler sensors designed to sniff for hostile substances or parties in a dark tunnel system. A. Chemical sniffers B.Tunnel sniffers C. Dog sniffers D. Air sniffers 2. A major electronic communications line, usually made up of a bundle of cables. A. Cable line B. Trunk line C. Telephone line D. DSL 3. A counter-surveillance ploy in which more than one target car or target officer is being followed and they suddenly go in different directions, forcing the surveillance team to make instant choices about whom to follow. A. ABC technique B. Star-burst maneuver C. AC technique D. Sudden change maneuver
98
4. A chemical marking compound developed by the KGB to keep tabs on the activities of a target officer. Also called METKA. The compound is made of nitrophenyl pentadien (NPPD) and luminol. A. Spy dust B. Chemical dust C. Sulfuric acid D. Potassium nitrate 5. A ploy designed to deceive the observer into believing that an operation has gone bad when, in fact, it has been put into another compartment. A. Burned B. Deceiving C. Spoofing D. Misleading 6. The special disguise and deception tradecraft techniques developed under Moscow rules to help the CIA penetrate the KGB's security perimeter in Moscow. A. Silver bullet B. Golden bullet C. Bronze bullet D. Titanium bullet 7. Any form of clandestine tradecraft using a system of marks, signs, or codes for signaling between operatives. A. Ciphers B. Signs C. Signals D. Code 8. Any tradecraft technique employing invisible messages hidden in or on innocuous materials. This includes invisible inks and microdots, among many other variations. A. Secret writing B. Secret message C. Hidden message D. Hidden writing 9. An apartment, hotel room, or other similar site considered safe for use by operatives as a base of operations or for a personal meeting. A. Meeting place B. Dead drop 99
C. Drop D. Safe house 10.When an operation goes bad and the agent is arrested. A. Rolled up B. Rolled down C. Burned out D. Burned down
Remember the ff: Intelligence and Secret Service 1. Sun Tzu - The Chinese general who wrote The Art of War in about 400 b.c. 2. Smoking-bolt operation - A covert snatch operation in which a special entry team breaks into an enemy installation and steals a high-security device, like a code machine, leaving nothing but the "smoking bolts." 3. Information - unprocessed information or raw data. 4. Intelligence information - Information gathered or received which is of intelligence interests. 5. Intelligence community - It is an integrated and neatly organized entity composed of units or agencies which have intelligence interest and responsibilities. 6. Informant - is anyone who can furnish information. 7.Rolling car pickup - A clandestine car pickup executed so smoothly that the car hardly stops at all and seems to have kept moving forward. 8. Terms: 1. Wanted list - It is for crime suspects with warrant of arrest. 2. Watch list - It is for those without warrant of arrest. 3. Target list - It is for organized crime groups. 4. PIR - Priority Intelligence requirement 5. OIR - Other intelligence requirements 6. SOR - Specific order request
100
9. R.A. 8551 - Placed PNP as support to the AFP in Counter insurgency operations thru intelligence gathering. 10.The intelligence cycle (PNP Directorate for Intelligence) 1. Directing 2. Collecting 3. Processing 4. Dissemination and use
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B B B B C A C A D A
Intelligence and Secret Service Definition of Terms 2 Methods Of Collecting Information 1. Overt/Open – overt info. Are obtained from open and easily available sources like magazines, reports and files. 2. Covert/Close 3 Defined Objectives Of Police Intelligence 1. To assist the commander in the success of the team 2. Discover and Identify criminal activities 3. To assist in the apprehension of criminals 3 Types Of Channels In Special Communication Systems
101
1. Regular 2. Secondary 3. Emergency 4 Phases/Steps of Informant Recruitment 1. Selection 2. Investigation 3. Approach 4. Testing Area of Interest – subject of information gathering (person,place,things or an activity) Briefs – the form in which the finished product of intelligence is presented to the commander in the police department. Bugging – the placement of a hidden microphone in a particular room to obtain information. Burned – the agent was identified and known. CIA – established in 1946. Ciples – are fundamental guides to action, broad statement of truth from which others are derived. Classification/Types Of Police Intelligence 1. Strategic Intelligence 2. Counter Intelligence 3. Line Intelligence Coding – is the process of putting the codes and ciphers to plain text message. Collate – to bring together and compare the truthfulness of the information. Collection – to accumulate knowledge on a subject or area of interest. Cooperative Members of the Community - a rich source of information on criminals, criminal 102
activities and even subversive groups. Criminal Syndicate – it is a stable business with violence applied and directed at unwelcome competitors. Criminal World – the social organization of criminals having its ownsocial classes. Cryptoanalysis – is the process of putting the plain text message to codes and cipher. Cryptograph – the art and science of making, devising, inventing, or protecting codes and cipher. Counter Intelligence – type of intelligence activity which deals with defending the organization againsts it criminal activities. Counter Intelligence Security Measures 1. Physical Security – a system of barrier placed between the potential intruder and the material to be protected. 2. Personnel Security – includes all security measures designed to prevent unsuitable individuals of doubtful loyalty from gaining access to classified matter,securing facilities and to prevent theappointment, employment, or retention as employees of such individuals. 3. Operational Security – measures taken in conducting operations or action in a secure and efficient manner. 4. Security Survey/Inspection – conducted in order to assist the chief of office in determining the security measures required to protect key installation from possible sabotage, espionage,subversion and unauthorized disclosure of or access to classified defense information or materials. 5. Community Security – is the protection resulting from all measures designed to deny unauthorized person information of value which may be derived from the possession and study of communications or to mislead unauthorized persons and the interpretation of the result of such study. Counter Surveillance – if a surveillance team is watched by the supervisor or a designated unknown individual to know if the team is doing its job as planned or is being watched by companions of the subject. Covert Operation – if the information is obtained without the knowledge of the person against whom the information or document may be used or if the method or procurement is done not in an open manner. Detection of Criminal – the primary purpose of police counter intelligence. 103
Decipher – to reconvert the cipher into plain text message. Documentary Security Classifications 1. Top Secret 2. Secret 3. Confidential 4. Restricted Encipher – conversion of plain text message to ciphers. Evaluation – it is the critical appraisal of information as a basis for its subsequent interpretation which includes determining the pertinence of information and the reliability of the source. - to judge the information as to its truthfulness or importance. Financial Gain – the most common reason why an informer is giving information. Frederick The Great – father of organized military espionage. Information – are knowledge, data, news, opinion or the like transmitted from one person to another. Integrate – to make the entire or all the information the subject matter. Interpret – to explain the meaning or to expand the information from the unknown to known. Intelligence – product resulting from the collecting information concerning an actual and potential situation and condition relating to foreign activities and to foreign or enemy held areas. - product resulting from collection, evaluation, analysis, integration, and interpretation of available information concerning area of interest. Interpretation – determining the significance of the information with respect to what is already known and it draws conclusions as to the probable meaning of the evaluated information. Kinds Of Surveillance 1. Surveillance of place 2. Tailing or shadowing 104
3. Undercover investigation or Roping Line Intelligence – types of intelligence which is of immediate nature and necessary for more effective police planning and operation. Method of Casing 1. Personal Reconnaissance – the most effective 2. Map Reading 3. Research Work 4. Operational Data Research Military Intelligence – it is an evaluated and interpreted information concerning an actual or possible enemy or theater of operations including weather and terrain together with the conclusions drawn therefrom. Need To Know Principle – in intelligence dissemination, even a ranking law enforcer who has no business on the classified information is not furnished the report. OB File – identification, location, and knowing the intents of criminal syndicates, notorious characters and even people with subversive desires must be made available for use. Order Of Battle – an intelligence document describing the identity, strength, command structure and disposition of the enemy/criminals. Organized crime – it is the combination of two or more persons for the purpose of establishing criminal activity. Overt Operation – if the information or document are procured openly with out regard as to whether the subject of the investigation becomes knowledgeable of the purpose for which it is being gathered. Parker – internal affairs is my defense and intelligence is my offensive arm. Police Counter Intelligence – it is the detection, prevention, or neutralization of any activity inimical to the harmony and best interest of the police organization. Police Intelligence – an evaluated and interpreted information concerning organized crime and other major police problems. Reconnaissance – to gather specific or detailed information at a particular time and place. Roping – undercover assignment, form of investigation in which the investigator assume a 105
different and unofficial identity/cover story in order to obtain information. Safe House – a clandestine place where the intelligence agent and his superior meet. Schulmoister – Napoleon's secret military agent. Security Inspection – conducted in order to determine degree of compliance with established security policies and procedures. Stool Pidgeon – an individual who sells information to different groups of law enforcers. Strategic Intelligence – intelligence which is primarily long range in nature with little or no immediate practical value. Sun Tzu – he was the writer of the book “Art of War”. Surveillance – to gather general information over a wide area and takes a longer time frame. Tactical Interrogation – a process or method to obtain information from a captured enemy. Walshingham – protector of queen Elizabeth. Wilhelm Von Stieber – a CIA intelligence officer who spied for soviet union from 1985 – 1994, he had perpetrated the costliest breach of security in the agency's history.
Industrial Security Management 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 conducts or carries on or holds himself out as conducting or carrying on a detective agency or detective service. Private Detective - any person who is not a member of a regular police agency or armed forces who does detective work for hire,reward or commission. PADPAO - Philippine Association of Detective and Protective Agency Operators. Watchmen/Security Guard - person who offers or renders personal service to watch or secure either residential or business establishment or both or any building,compound or area for hire or compensation or as an employee thereof. Security Agency - any person, association, partnership or corporation who recruits, trains, muster ,furnishes, solicit individuals or business firms, private or government owned or controlled corporation to engage his services or those of its watchmen. 106
Who May Organize Security Agency 1. Any Filipino Citizen or a corporation, partnership or association. 2. With a minimum capital required by law.
In case of corporation, association, or partnership - must be 100 % owned and controlled by Filipino citizen.
No person shall organize or have interest in more than one agency.
Qualification of an Operator or Manager of a Security Agency: 1. At least 25 years of age 2. College graduate and/or commissioned officer in the inactive service of the AFP 3. Good moral character 4. No previous record of any conviction of any crime/offense involving moral turpitude 5. Not suffering from any of the following disqualifications: 1. dishonorably discharged or separate from the AFP 2. mentally incompetent 3. addicted to the use of narcotic drugs 4. habitual drunkard
An elective or appointive government employees who may be called upon on account of the function of their respective offices in the implementation and enforcement of the provision of RA 5487 and person related to such government employees by affinity or consanguinity in the third civil degree shall not hold any interest, directly or indirectly in any security guard agency.
Basic Qualification of a security Guard 1. Filipino citizen 2. High school graduate 3. Physically and mentally fit 4. Not less than 21 nor more than 50 years old 5. At least 5'4" in height 6. Not suffering from any disqualification under RA 5487
107
Veterans shall be given priority in employment as security guard or private detective.
Person convicted of any crime involving moral turpitude shall not be employed as security guard or private detective.
Private detective, detective agency, security guard, security agency must first obtain license from the PNP.
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 agency office.
The PNP shall exercise general supervision over the operation of all private detective and security guard agencies.
The City/Municipal Mayors has the power as director of the City/Municipal civil defense to deputize private detective and security guards to help maintain peace and order or prevent or arrest law violators in case of emergency or in times of disaster or calamity. They shall take orders from the Chief of Police for the duration of the fire, inundation, earthquakes, riots or other emergency.
A security guard or security agency is entitled to possess firearms.
Firearm must not be higher than .45 caliber.
Agency is entitled to possess firearm not exceeding one firearm for every security guard in its employ.
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 uniform within the compound of the establishment except when he escorts big amount of cash or valuables in or out of said compound.
The Chief PNP shall prescribe the uniform, ornaments, equipment and paraphernalia to be worn by the security guards.
Uniforms must be different from the PNP/AFP.
Salary of security guard - not lower than the minimum wage prescribe by law.
Limitations and Prohibitions on a Security Agency 1. No agency operating in the City of manila and 108
suburbs may employ more than 1000 watchmen or security guards. 2. No agency operating in other cities and first class municipalities may employ more than 500 watchmen or security guards. 3. No agency operating in municipalities other than first class may employ more than 200 watchmen or security guards. 4. No person, corporation, partnership or association may organize more than one agency in any one city or municipality. 5. No agency shall offer, render or accept services to gambling dens or other illegal enterprises. 6. The extent of the security service being provided by any security agency shall not go beyond the whole compound or property of the person or establishment requesting the security service except when they escort big amount of cash. Who can Issue rules and regulations to carry out the purpose of RA 5487? ans. the chief PNP, in consultation with the Philippines Association of Detective and Protective Agency Operators. What are the penal provisions for violation of RA5487 or its implementing rules? ans. 1. Suspension, fine or cancellation of license to operate with the forfeiture f bond filed with the 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 unauthorized personnel from physically accessing a building, facility, stored information and guidance on how to design structures to resist potentially hostile acts. - a system of barriers placed between a potential intruder and the material or installation to be protected. Security - the predictable state or condition which is free from harm, injury, destruction, intimidation or fear. Freedom from fear or danger or defense against crime. Physical Security System - a barrier or system of barriers placed between the potential intruder and the matter to be protected. Protective device against hazards, threats, vulnerability and risks. Purpose/Goals of Physical security 1. deter potential intruders - ex. warning signs, perimeter markings 109
2. distinguish authorized from unauthorized people - ex. using pass card 3. delay or prevent intrusion attempt - ex. wall, door lock, safe 4. detect intrusion and monitor/record intruders - e. CCTV, intrusion alarm 5. trigger appropriate incident responses - ex. security guards How to deter potential intruders 1. install warning signs 2. build fences 3. put vehicle barriers 4. install vehicle height restriction 5. implement restricted access point 6. install sight lighting and trenches How to distinguish authorized from unauthorized people - access control at the 1. gates 2. doors 3. locks How to detect intrusion 1. install alarms 2. install intrusion detection monitor 3. install video monitoring system - ex. cctv Vigiles (in Rome) - origin of the watchmen although their principal duty was as a fire brigade. 110
Notable security guards: 1.
Frank Wills - detected the Watergate burglars ultimately leading to the resignation of US president Richard Nixon.
Target hardening - the reduction in criminal opportunity, generally through the use of physical barriers, architectural design and enhanced security measures of a particular location. Defensible Space - the range of mechanisms that combine to bring an environment under the control of its residents. Demography - the study of the characteristics of population groups. Principles of Physical Security 1. An intruder must be able to acquire access to the property in order to benefit. 2. The type of access necessary will depend upon a number of variable factors and therefore may be achieved in a number of ways. 3. There is no impenetrable barrier. 4. Security is built upon a system of defense in depth resulting to accumulated delay time which may lead to the apprehension of the intruder. 5. Each installation is different from the others. 2 Kinds of Barriers 1. Natural 2. Artificial 5 Types of Barriers 1. Human 2. Animal 3. Natural 4. Energy/Electrical/Electronic 5. Structural 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 persons. Other Purposes 1. It defines the boundary of the property to be secured. 111
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 2. Protective Alarm Systems 3. Protective Emergency Lighting's 4. Communication Systems 5. CCTV Cameras and other Electronic Security Systems/Energy Barriers 6. Restricted Areas (storage areas/utilities) 7. Access Control 8. Key Control 9. Emergency Plans 10.Guards Natural barriers or features - such as cliffs,ravines,and rivers which delay or make more difficult to entry of intruders. Barriers - any line of boundary and separation,natural or artificial,places,or serving as limitation or obstruction.Anything that bars,keep out,obstruct progress,or prevents encroachment or intrusion. 112
Structural barriers - features constructed by man regardless of their original intent that tends to delay the intruder.ex.walls,ceilings,locks,safe,windows. Human barriers - guards,charges of quarters,office personnel,shop workers etc. who stand between the intruder and the matter to be protected. Animal barriers - usually guard dog.ex. trained German shepherds used as guards,goose,and turkeys can also be included. Energy barriers - usually electrical or electronics devices used to provide assistance to guard personnel.ex. protective lightnings,antiintrusion devices. Full view fence - it is designed primarily to prevent physical access between two areas.Constructed in such a way that visual access is permitted through the fence. Physical Security Features: 1.Natural barriers - natural terrains features must be considered from the stand point of their values to intruder as cover and concealment.Normally the first type considered very often we have to accept and work around them. 2.Fences a. solid fence - one is constructed in such a way that visual access through the fenced structure is denied. b. full view fence - constructed in such a way that usual access is permitted through the fence. Advantages of a full view fence 1. removing patrols and stationary guards are able to keep area surrounding of the installation under observation. 2. it does not create shadows which would provide cover and concealment for the intruder. Disadvantages of a full view fence 1. It allows visual access to the installation,its personnel,its guard and its activities. 2. It allows the intruders to become familiar with the movements and the time schedule of the guard patrols thereafter allowing him to pick the time for attempting penetration which would most advantageous to the intruder. Advantages of solid fence 113
1. Denies visual access of the installation of the intruder. 2. Denies the opportunity for the intruder to become familiar with the personnel,activities and the time schedule of the movements of guards in the installations. Disadvantages of solid fence 1. It prevents the guards from observing the area around the installation. 2. It creates shadows which may be used by the intruder for cover and concealment. Minimum acceptable requirements for fence used security barriers 1. Height - 8 feet at a minimum. 2. Slack at the bottom - not to exceed 2 inches.If the fences are not tight then it should extend even closer to the ground. 3. Wooden fence post - minimum horizontal dimension of 4X4 inches. 4.Steel fence post - the round type should at least be 2 inches at the smallest diameter. 5. Fence post - should be set in concrete or in firm soil using commercial drive anchors to a depth of 3 feet and the maximum distance post is 10 feet. 6. Fence top (Top Guard) - there should be something on the top of the fence to deter persons attempting to go over fence.ex.use of barb wire overhang.The arms holding the barbwire should be extended at 45 degree angle in the direction of the expected approach. 7. Fence area - it should be declared trees and vegetation and debris of other materials which would offer concealment of the intruder or would aid him in scaling the fence. 8. Fence Gates - gates should be limited to the no. necessary for efficient and sage operation of the installation. 9. Fence Opening - all opening in the fence in excess of 96 inches must be locked barbed or screen in such a way that they may be interlocked and opened from the inside and only by selected personnel. 10.Multiple fence - is used should at least be 10 feet apart and the overhang on the top of the inner fence should point inward. 114
4 Basic functions that must be accomplished by the guard system 1. Detect intruders 2. Sound alarms 3. Apprehend unauthorized personnel 4. Identify authorized personnel Personnel Control Identification 2 Types of identification 1. Personal Recognition - is the most effective 2. Artificial Identification - badges,passes etc. System of Employment of Personnel Control Identification 1. Pass system - a method used by security to screen visitors or person admitted into building premises. 2. Single pass or Badge system - the least expensive and the least secure. 3. Group pass and Badge system - one ID for one group. 4. Multiple pass system - separate pass is required for access to various areas in need ex.color coding 5. Spot magnetized identification passes - a code may be placed in the device and when passes through a machine,the code on the device is read,if it contains wrong code or no code at all,it will alarm. 6. Access list - it contains the names of authorized persons or personnel and is checked against identification cards such as drivers licenses,draft registration etc. Visitor control - the measures used would depend on the sensibility of the installation but could include the following: 1. Escort - expensive but most secure 2. Time traveled - if there is a long delay or time lapse between the departure and arrival,the visitor 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 installations on a regular basis some of the systems previously could be used. Package control - there should be provisions made to check packages being taken in and taken out. 115
Photography - extreme caution must be exercised in areas where classified information is displayed to preclude unauthorized taking of pictures of the installation. Vehicular control and identification * Most common identification is for registering at the headquarters or gates and putting of sticker on the windows of the vehicles. * For visitors,the following systems are used: 1. Escort 2. Driver pool - the most secure but the most expensive.In this system,car is driven by qualified driver employed by the installation from the entrance to its destination and after the conclusion of the business of the visitor.car is driven back to the installations entrance. 3. Time travel - used in less sensitive installations 4. Grid system - a very complicated system.The installation is divided into grid ad squares like a map.Each square is given a no. or letter designation.The visitor is then given a map and shown the route to take to his destination and should not deviate from the prescribed route, otherwise he could be stopped and questioned by the guards. 5. Search of vehicles - sign should be put at the entrance to the installation that any vehicle entering is subject to search anytime. Types of Protective Alarm Systems 1. Central station system - the control station is located outside the installations.When the alarm is sounded by a subscriber, the central station notifies the police or protection agency. 2. Property system - the control system is located inside the installations with its own firefighter,law enforcer,ambulance,or bomb disposal unit. 3. Local alarm - the signalling is near the alarm itself. When the intruder enters the installation,the alarm goes off scaring the intruder.Purpose is just to scare not to apprehend intruder. 4. Auxiliary alarm - the installation owned the protective alarm with a unit in the nearest police station so that in case of need,direct call is possible. Kinds of Alarms 1. Intrusion alarm - any detecting devices using 116
electric and their combinations to signal an alarm when actuated. 2. Laser beam alarm - a laser emitter floods the wall or fence with a beam so that when this beam is disturbed by a physical object,an alarm is activated 3. Photocell alarm - an invisible or visible beam is emitted and when disturbed,it activates an alarm or mechanical device that opens a door or lift movable barriers,activated by light. Basic component of an alarm system 1. Annunciation - the heart of the system of the detecting device and is the component that activates the triggering unit. 2. Transmission - it transmit what is detected. 3. Triggering device - the one which emits those aural or visual signals or both. Security Survey - The detailed check and audit of what an installation or plant does not have in relation to its protection from hazards. Security Inspection - a precess where physical examination is conducted to determine compliance with established security policies and procedures as a result of security survey. Purpose of security survey 1. To determine existing state or condition of security 2. To locate weaknesses and possible defense 3. To determine degree of protection required Security hazards - an act or condition which result in a situation conductive to a breach of the protection system and the subsequent loss or compromise of defense,information,company secrets,or damage to property,personnel,or facilities. Hazards - exposure to loss or injury. Two General Categories of Security Hazards 1. Human hazard - caused by human action.Ex.sabotage,pilferage,theft 2. Natural Hazard - caused by natural phenomena. Types of Human Hazards 1. Human carelessness 2. Accident 3. Disaffection 4. Disloyalty 117
5. Subversion 6. Sabotage 7. Espionage 8. Pilferage 9. Theft 10.Vandalism Protective Security - measures taken by an installation or unit to protect against sabotage,espionage or subversion and at the same time provide freedom of action in order to provide the installation or unit with the necessary flexibility to accomplish its mission. 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 access to 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 well as 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 gaining 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 access into installations. * Perimeter barrier - a medium or structures which define the physical limits of an installation or area to restrict or impede access thereto.Any physical barrier used to supplement the protection of the inside perimeter. 118
* Inside Perimeter - a line of protection adjacent to the protected area and passing through points of possible entry into the area.ex. doors and windows * Outside perimeter - a line of protection but some what removed from the protected area.ex.fence 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 installed indoors or outdoors in an installation. 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 Kinds of Alarms 1. Bill Traps 2. Foot Rail Activator 3. Knee or thigh button 4. Foot button 5. Double squeeze button Protective Lighting - provide illumination on areas to be secured that adds psychological deterrence. Types of protective Lighting 1. Stationary luminary - consist of series of fixed luminaries to flood given area continuously Example: glare protection type 2. Standby Lighting - provides continuous lighting through manual operations. 3. Movable Lighting - stationary or portable manually operated search lights. 119
4. Emergency Lighting - duplication of existing lighting system that is utilized in the event of electric failure. Types of Lighting Equipment 1. Street lights - used in parking areas 2. Search Lights - highly focused incandescent lamps used to pinpoint potential trouble spot. 3. Flood Lights - project light in a concentrated beam used in boundaries and fences. 4. Fresnel Lights - wide beam units primarily used to extend illumination in long horizontal strips to protect approaches to perimeter barrier. Protective Locks and Keys 1. Lock - a mechanical,hydraulic,electrical or electronic device designed to prevent entry into a building,room,container or hiding place and to prevent the removal of items without the consent of the owner. 2. Padlock - portable and detachable lock having or sliding hasp that passes through a staple ring. 3. Peterman - A term used in England for lock picker, safe cracker and penetrators of restricted areas or rooms. Types of Locks 1. Lever locks - used in cabinets,drawers,safe deposit box. 2. Disc-Tumble Locks - used in car doors. 3. Warded Locks - offer little security,used only to provide privacy. 4. Combination Locks 5. Card Operated Locks 6. Electromagnetic Locks 7. Code operated Locks 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 master key 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 120
particular area or grouping in a given facility. Types of Security Cabinets 1. Safe 2. vault 3. File Room Protective Cabinets - considered as the third line of defense against unauthorized persons. Key Control - a system of controlling keys devised and regulated for disposal,storage and withdrawals. 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. Defensive In Depth Barriers 1. Outer Ring - securing sidewalks,in front of quarters or offices,covering all entrances,front, center,side and rear. 2. Middle Ring - security covering inside quarters, office,residence,all stairways and elevators. 3. Inner Ring - immediately outside the high risk personnel door or the one closest to the VIP.
Industrial Security Management Reviewer 1 1. The Private Security Agency Law is known as A. R.A. No. 5487 B. R.A. No. 5467 C. R.A. No. 5476 D. R.A. No. 5478 2. Any Person who, for hire or reward or on commission, conducts or carries on or holds himself or itself out as conducting or carrying on a detective agency or detective service. A. Private Security Guard B. Private Detective C. Private Security Agency D. Private Detective Agency 121
3. Any Person who is not a member of a regular police agency or the Armed Forces of the Philippines who does detective work for hire, reward or commission. A. Private Detective Agency B. Private Detective C. Private Security Guard D. Private Security Agency 4. Any Person who offers or renders personal service to watch or secure either residential or business establishment or both, or any building, compound or area including but not limited to logging concession, agricultural, mining, or pasture lands for hire or compensation or as an employee thereof is known as A. Security Guard B. Private Security Agency C. Private Detective Agency D. Private Security Agency 5. Any Person, Association, Partnership or Corporation who recruits, trains, muster, furnishes, solicits individuals or business firms, private or government owned or controlled corporations to engage his service or those of its watchmen is known as A. Private Security Guard B. Private Detective C. Private Detective Agency D. Private Security Agency 6. Security Agency must be owned and controlled by how many percentage of Filipino ownership? A. 100% Filipino B. 90% Filipino C. 75% Filipino D. 60% Filipino 7. How many security agency may a person organize or have an interest in? A. Four B. Three C. Two D. One 8. The Operator or Manager of a security agency must be at least 122
A. 25 Years of Age B. 30 Years of Age C. 35 Years of Age D. 40 Years of Age 9. The Operator or Manager of a security agency must be at least a A. Ph. D. Degree Holder B. Master's Degree Holder C. College Graduate D. High School Graduate 10. An Operator or Manager of a security agency must have no previous record of any conviction of any crime or offense involving A. Crimes Against Person B. Crimes Against Property C. Crimes Against Chastity D. Moral Turpitude Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A D B A D A D A C D
Industrial Security Management Reviewer 2 1. One of the following is not a disqualification for an operator or manager of a security agency A. Mental Incompetent B. Womanizer C. Narcotic Drug Addict D. Habitual Drunkard 2. One of the following is not a requirement to qualify as a security guard A. Filipino Citizen 123
B. College Graduate C. Physically and Mentally Fit D. Not More Than 50 Years Old 3. A Security Guard must be at least A. 5'2" in Height B. 5'3" in Height C. 5'4" in Height D. 5'5" in Height 4. A Security Guard must not be less than A. 19 Years of Age B. 20 Years of Age C. 21 Years of Age D. 22 Years of Age 5. Who has the power to promulgate the rules and regulations to carry out the provisions of R.A. No. 5487 A. The President of the Philippines B. The DILG Secretary C. The Chief of the PNP D. The DOJ Secretary 6. Who has the power to exercise general supervision over the operation of all Private Detective or Security Guard Agencies? A. LGU B. DILG C. PNP D. DOJ 7. A Security Agency is entitled to possess firearm in a number not exceeding A. One Firearm For Every Two Security Guard B. One Firearm For Every Three Security Guard C. One Firearm For Every Four Security Guard D. One Firearm For Every Five Security Guard 8. When may a security guard carry firearm outside of the establishment he is guarding? A. In Case of Emergency or Disaster B. When Summoned By PNP Member For Help C. When In Hot Pursuit Of A Thief Or Robber D. When He Escorts Big Amount Of Cash 124
9. A Security Agency operating in the City of Manila may employ not more than A. 500 Security Guards B. 1000 Security Guards C. 1500 Security Guards D. 2000 Security Guards 10. A Security Agency operating in places other than Metropolitan Manila, other cities and first class municipalities may employ not more than A. 500 Security Guards B. 1000 Security Guards C. 15000 Security Guards D. 2000 Security Guards
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B B C C C C A D B A
Industrial Security Management Reviewer 3 1. A Security Agency operating in municipalities other than first class may employ A. Not more than 200 security guard B. Not more than 300 security guard C. Not more than 400 security guard D. Not more than 500 security guard 2. How many security agency may a person, partnership, or association organize in one city or municipality? 125
A. One B. Two C. Three D. Four 3. Security Agencies may offer or render services to the following establishments except one A. Night Clubs B. Coffee Shops C. Gambling Dens D. Restaurants 4. The Chief PNP in issuing rules and regulations implementing R.A. No. 5487 or the Private Security Agency Law must consult with the A. SAGSD B. PADPAO C. DILG D. LGU 5. A Violation of the provisions of the private security agency law may result in any of the following except one A. Suspension B. Fine C. Cancellation of License To Operate D. None of the Above 6. In a Security Agency, All of the following except one should secure a license A. Those employed to manage the agency B. Those employed to supervise the security guards C. Those employed to do investigative work D. Those employed solely to do clerical work 7. A Written Order or Schedule issued by a superior officer assigning the performance of private security or detective services duties is known as A. License To Operate B. Designation Order C. Duty Detail Order D. License To Exercise Profession 8. In a Security Agency, Which of the following is allowed to issue Duty Detail Order? 126
A. The Branch Manager B. The Security Guard Supervisor C. The Most Senior Security Guard D. The Chief Of The PNP SAGSD or Representative 9. New Applicants for a license to operate a Security Agency shall be required to obtain a minimum capitalization of A. 250,000 pesos B. 500.000 pesos C. 750,000 pesos D. 1,000,000 pesos 10. No regular license shall be granted to any Private Security Agency unless it has a minimum of A. 200 licensed private security personnel in its employ B. 300 licensed private security personnel in its employ C. 500 licensed private security personnel in its employ D. 1,000 license private security personnel in its employ Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A A C B D D C A D A
Industrial Security Management Reviewer 4 1. No Regular License shall be granted to any company guard force unless it has a minimum of A. 10 Licensed Guard Under Its Employ B. 30 Licensed Guard Under Its Employ C. 50 Licensed Guard Under Its Employ D. 100 Licensed Guard Under Its Employ 2. No Regular License shall be granted to any private detective agency unless it has a minimum of 127
A. 10 Licensed Private Detective Under Its Employ B. 30 Licensed Private Detective Under Its Employ C. 50 Licensed Private Detective Under Its Employ D. 100 Licensed Private detective Under Its Employ 3. What is the maximum number of private security personnel that a private security agency may employ? A. 500 B. 1000 C. 1500 D. 2000 4. What is the maximum number of private security personnel that a company guard force may employ? A. 500 B. 1000 C. 1500 D. 2000 5. What is the maximum number of private security personnel that a private detective agency may employ? A. 500 B. 1000 C. 1500 D. 2000 6. A License to operate a private security agency shall be valid for how many years? A. One B. Two C. Three D. Four 7. The Application for renewal of license to operate a private security agency shall be filed at least how many days before expiry date? A. 15 B. 30 C. 45 D. 60 8.Under the Implementing Rules and Regulations of R.A. No 5487, What is required to be displayed at all times in a conspicuous and suitable place in a security agencies office or headquarters? A. Business Permit 128
B. DTI Registration C. Articles of Incorporation D. License To Operate 9. Services of any security personnel may be terminated on which of the following ground? A. Expiration of Contract B. Revocation of License To Exercise Profession C. Physical and Mental Disability D. All Of The Above 10. All of the following except one is a ground for the termination of the services of any security personnel A. Violation of Pertinent Rules Promulgated by the PNP B. Conviction of a Crime Involving Moral Turpitude C. Lost of Trust and Confidence D. Filing of a Criminal Offense in the Prosecutor's Office Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B B B B B B D D D D
Industrial Security Management Definition Of Terms 3 Categories of Security Guards Belonging to the Blue Army
1. Agency Guards 2. Company Guards 3. Government Security Guards Access List – an authenticated list of personnel given to security allowing entry to a compound or installation or a part thereof.
129
Alarm – a device that signals. Clear Zone – the exterior and interior parallel area near the perimeter barrier of an industrial compound to afford better observation and patrol movement. Controlled Area – an area near or adjacent to limited or exclusive areas where entry is restricted. Dry Run – practical test or exercise of a plan. Ducks – in England, an owner to protect his compound used and they are not only effective but cheap to maintain. Duress Code – a type of code system so that security personnel when forced by armed men intending to enter an installation can give alarm by the use of certain words in casual conversation with other personnel in the installation. Exclusion Area – a restricted area containing materials of security interest. Human Made Hazards in an Industrial Firm
1. Pilferage 2. Sabotage 3. Arson Key Control – the management of keys in a plant, office or business organization to prevent unauthorized access. Main Office – all agencies shall maintain a main office in their registered addresses. PADPAO – Philippine Association of Detective and Protective Agency Operator PCSUSIA/SAGSD – the government agency that issues licenses for private and government security guard. Perimeter Barrier – the first line of physical defense of a building, compound, or comples viewing from the outside. Peterman – a term used in England for lock pickers, safe crackers and penetrators of restricted/prohibited areas.
130
Private Detective – any person who does detective work for hire, reward or commission other than members of the PNP, NBI, AFP, BJMP and other law enforcement agency of the government. Private Detective – Qualifications – in addition to those prescribed for a security guard.
1. Holder of a Baccalaureate degree or Bachelor of Laws 2. Holder of a degree of Bachelor of Science in Criminology 3. Gaduate of a criminal investigation course offered by the PNP.NBI or any police training school or detective training with authorized/recognized training center. 4. Advance ROTC/CMT graduate Private Security Agency Law – RA 5487 Relative Criticality of Operation – the importance of an establishment with reference to the national economy and security. Relative Vulnerability – the susceptability of a plant or establishment to damage, loss, or destruction of operation due to various hazards. Restricted Area – if access is limited only to the authorized. Safe – a metallic container used for the safekeeping of documents or other small items in an office or installation. SAGSD – Security Agency in Guard Supervisory Division Security Guard – one who is a holder of a security guard license duly issued by the PNP Security Guard – Qualifications
1. Filipino Citizen 2. High School Graduate 3. Physically and Mentally Fit
131
4. At least 18 yrs. Old but not more than 50 yrs. Old 5. Has undergone pre-licensing training course 6. Must not possess any of the disqualification for operator or manager. Security Service Contract – agreement/contract between the agency and client stipulating among other things the money to be paid by the client and salary of individual security guard. Security Survey – also known as security audit, risk assessment, and vulnerability assessment. Top Guard – this is an additional outwardly inclined structure usually barbed wires placed above a vertical fence to increase physical protection from intruders of a certain area. Vault – a heavily constructed container usually part of a building structure used for keeping and protecting cash and documents. Victimology – a special study concerned with what makes an individual a victim of crime.
Law Enforcement Administration Review Questions 1. The amount and nature of the demands of the police service A.Clientele B.Purpose C.Time D. Process Answer: C 2. The PNP has a program which ensures the deployment of policemen in busy and crime prone areas. This is called A. patrol deployment program B. roving patrol program C. patrol and visibility program D. police patrol program Answer: C 3. All regional appointments of commissioned officers commence with the rank of: A. Senior Police Officer I B. Inspector C. Police Officer III D. Senior Inspector Answer: B
132
4. In busy and thickly populated commercial streets like those in Divisoria, police patrol is very necessary. Since there are several types of patrol, which of the following will you recommend: A. Horse patrol B. Mobile patrol C. Foot patrol D. Helicopter patrol Answer: C 5. It is the product resulting from the collection, evaluation, analysis, and interpretation of all available information which concerns one or more aspects of criminal activity and which is immediately or potentially significant to police planning. A. Investigation B. Information C. Data D. intelligence Answer: D 6. These are work programs of line divisions which related to the nature and extent of the workload and the availability of resources. A. administrative plan B. operational plan C. strategic plan D. tactical plan Answer: B 7. It is the premier educational institution for the police, fire and jail personnel. A. Philippine Military Academy B. Development Academy of the Philippines C. Philippine College of Criminology D. Philippine Public Safety College Answer: D 8. A crew which is assigned to a mobile car usually consist of A. a driver and intelligence agent B. a driver and traffic man C. a driver and a recorder D. a driver, recorder and supervisor Answer: D 9. An industrial complex must establish its first line of physical defense. It must have A. the building itself B. perimeter barriers C. communication barriers D. window barriers Answer:B 10. All of the following are members of the People’s Law Enforcement Board (PLEB), EXCEPT: 133
A. Three (3) members chosen by the Peace and Order Council from among the respected members of the community. B. Any barangay Captain of the city/municipality concerned chosen by the association of the Barangay Captains. C. Any member of the Sangguniang Panglungsod/Pambayan D. A bar member chosen by the Integrated bar of the Philippines (IBP) Answer: D 11. It is the circumspect inspection of a place to determine its suitability for a particular operational purpose. A. Inspection B. Surveillance C. Survey D. Casing Answer: C 12. In the civil service system, merit and fitness are the primary considerations in the A. two-party system B. evaluation system C. promotional system D. spoils system Answer: C 13. In the de-briefing, the intelligence agent is asked to discuss which of the following: A. his educational profile and schools attended B. his personal circumstances such as his age, religious affiliation, address, etc. C. his political inclination and/or party affiliation D. his observations and experiences in the intelligence Answer: D 14. It is a natural or man-made structure or physical device which is capable of restricting, determine, or delaying illegal access to an installation. A. alarm B. wall C. barrier D. hazard Answer: C 15. What form of intelligence is involved when information is obtained without the knowledge of the person against whom the information or documents may be used, or if the information is clandestinely acquired? 134
A. covert B. overt C. active D. underground
Answer: A
16. The provincial Governor shall choose the provincial Director from a list of ___________ eligible recommended by the Regional Director, preferable from the same province, city, municipality. A. three (3) B. five (5) C. four (4) D. Two (2) Answer: A 17. Republic Act 6975 provides that on the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ratio of: A. one (1) policeman for every seven hundred (700) inhabitants. B. one (1) policeman for every one thousand five hundred (1,500) C.inhabitants. C. one (1) policeman for every five hundred (500) inhabitants. D. one (1) policeman for every one thousand (1,000) inhabitants. Answer: C 18. In disaster control operations, there is a need to establish a ______where telephones or any means of communication shall A.ensure open lines of communication. B.command post C.operations center D.field room Answer:B 19. Registration of a security agency must be done at the______. A.Securities and Exchange Commission B.National Police Commission C.Department of National Defense D.PNP Criminal Investigation Group Answer:D 20. The cheapest form of police patrol. A. Bicycle Patrol B. Foot Patrol C. Motorcycle Patrol D. Helicopter Patrol Answer: B 21. The budget is a _________________ in terms of expenditure 135
requirements. A.tactical plan B.financial plan C.work plan D.control plan
Answer: B
22. The term used for the object of surveillance is a subject while the investigator conducting the surveillance is: A.rabbit B.surveillant C.traffic enforcement D.patrol Answer: A 23. It is a police function which serves as the backbone of the police service. In all types of police stations, there is a specific unit assigned to undertake this function in view of its importance. A.vice control B.criminal investigation C.traffic management D.patrol Answer: D 24. It is the weakest link in security chain. A.managers B.Barriers C.Personnel D.inspections
Answer:
25. Which of the following is considered as the most important factor in formulating an effective patrol strategy? A.training of station commander B.adequacy of resources of the police station C.rank of the patrol commander D.salary rates of police personnel Answer: B 26. Who among the following have summary disciplinary powers over errant police members? A.District Director B.Provincial Director C.Chief of Police D.Chief, PNP Answer: D 27. You are the Patrol Supervisor for the morning shift. You don’t have enough men to cover all the patrol beats. Which of the following will you implement? A. assign roving mobile patrol with no foot patrol 136
B. C.
assign mobile patrols only in strategic places maintain your patrolmen at the station and just wait for calls for police assistance D. assign foot patrol in congested and busy patrol beats but assign a roving mobile patrol to cover beats which are not covered by foot patrol Answer: B 28. The father of organized military espionage was: A. Akbar B. Alexander the Great C. Genghis Khan D. Frederick the Great Answer: D 29. Which of the following is the most common reason why informer can give information to the police? A.wants to be known to the policeman B.monetary reward C.as a good citizen D.revenge Answer: B 30. To improve delegation, the following must be done, EXCEPT: A. establish objectives and standards B. count the number of supervisor C. require completed work D. define authority and responsibility Answer: C 31. What administrative support unit conducts identification and evaluation of physical evidences related to crimes, with emphasis on their medical, chemical, biological and physical nature. A. Logistics Service B. Crime Laboratory C. Communication and Electronic service D. Finance Center Answer: B 32. Those who are charged with the actual fulfillment of the agency’s mission are ________. A. staff B. supervision C. management D. line Answer: D 33. When the subject identifies or obtains knowledge that the investigation is conducting surveillance on him, the latter is: A. cut out B. sold out 137
C. burnt out D. get out
Answer: C
34. Small alley like those in the squatters area of Tondo can be best penetrated by the police through: A. foot patrol B. mobile patrol C. highway patrol D. helicopter patrol Answer: A 35. Some of the instructions in foot surveillance are the following, EXCEPT A. stop quickly, look behind B. drop paper, never mind what happens to the paper C. window shop, watch reflection D. retrace steps Answer: B 36. On many occasions, the bulk of the most valuable information comes from: A. business world B. newspaper clippings C. an underworld informant D. communications media Answer: B 37. Highly qualified police applicants such as engineers, nurses and graduates of forensic sciences can enter the police service as officers through: A. regular promotion B. commissionship C. lateral entry D. attrition Answer: C 38. Police Inspector Juan Dela Cruz is the Chief of Police of a municipality. He wants his subordinates to be drawn closer to the people in the different barangays. He should adopt which of the following projects? A. COPS on the blocks B. Oplan Bakal C. Oplan Sandugo D. Complan Pagbabago Answer: A 39. What should be undertaken by a Security Officer before he can prepare a comprehensive security program for his industrial plan? A. security conference B. security check 138
C. security survey D. security education
Answer: C
40. This patrol method utilizes disguise, deception and lying in wait rather than upon high-visibility patrol techniques. A. low-visibility patrol B. directed deterrent patrol C. decoy patrol D. high-visibility patrol Answer: A 41. It enforces all traffic laws and regulations to ensure the safety of motorists and pedestrians and attain an orderly traffic. A. Civil Relations Unit B. Traffic Operations Center C. Traffic Management Command D. Aviation Security Command Answer: C 42. A method of collecting information wherein the investigator merely uses his different senses. A. observation B. casing C. research D. interrogation Answer: A 43. In stationary surveillance, the following must be observed, EXCEPT A. never meet subject face to face B. avoid eye contact C. recognize fellow agent D. if burnt out, drop subject Answer: C 44. Pedro is a thief who is eying at the handbag of Maria. PO1 Santos Reyes is standing a few meters from Maria.The thief’s desire to steal is not diminished by the presence of the police officer but the _______________ for successful theft is. A. ambition B. feeling C. intention D. opportunity Answer: A 45. Graduates of the Philippine National Police Academy (PNPA) are automatically appointed to the rank of: A. Senior Superintendent B. Inspector C. Senior Police Officer 1 D. Superintendent Answer: C 139
46. PNP in-service training programs are under the responsibility of the: A. PNP Directorate for Plans B. PNP Directorate for Human Resource and Doctrine Development C. PNP Directorate for Personnel and Records Management D. PNP Directorate for Comptrollership Answer: C 47. One way of extending the power of police observation is to get information from persons within the vicinity.In the police work, this is called: A. data gathering B. field inquiry C. interrogation D. interview Answer: B 48. Dogs have an acute sense of _______________ thus, their utilization in tracking down lost persons or illegal drugs. A. smell B. hearing C. eating D. drinking Answer: A 49. Intelligence on _________________ makes heavy use of geographic information because law enforcement officials must know exact locations to interdict the flow of drugs. A. Logistics B. Human Cargo Trafficking C. Narcotics Trafficking D. Economic resources Answer: C 50. Which of the following is most ideally suited to evacuation and search-and-rescue duties? A. motorcycle B. helicopter C. patrol car D. bicycle Answer: B 51. A method of collection of information wherein the investigator tails or follows the person or vehicle. A. research B. undercover operation C. casing D. surveillance Answer: C 140
52. This is a person who does detective work for hire, reward or commission, other than members of the AFP, BJMP, provincial guards, PNP or any law enforcement agency of the government. A. Secret Agent B. “Tiktik” C. Private detective D. Undercover Answer: C 53. The uprightness in character, soundness of moral principles, honesty and freedom from moral delinquencies is referred to as A. integrity B. loyalty C. discretion D. moral Answer: A 54. Going east while foot patrolling and turning right after reaching the end of your beat and turning right after reaching the other end of the road and again turning right until you completed the cycle by reaching back to your origin of patrolling.What patrol pattern have you applied? A. clockwise B. straightway C. counter clockwise D. free-wheeling Answer: A 55. Which theory of patrol state that police visibility increases the opportunity to apprehend criminals by soothing them and letting them believe that their crimes will not be detected? A. low profile theory B. high visibility C. theory of omnipresence D. team policing Answer: A 56. Without air force capability, patrol operation that covers large park areas, grassy fields or wooded areas requires the use of A. bike patrol B. horse patrol C. marine patrol D. helicopter patrol Answer: B 57. Which of the following refers to the long range planning? A. Intermediate B. Strategic C. Medium 141
D.
short
Answer: B
58. The operational plan which is designed to met everyday or year round needs is called A. meeting unusual needs B. extra office C. regular operating programs D. special operating programs Answer: C 59. Which of the following is the oldest type of patrol? A. horse B. foot C. canine D. police Answer: B 60. The act of expelling a squatter by the legal process is called: A. demolition B. squadron C. eviction D. tear down Answer: C 61. Which of the following is not a commissioned officer? A. Inspector B. senior superintendent C. asst. chief D. chief superintend Answer: C 62. Which of the following words has the same meaning as the word credibility? A. ability B. capacity C. believability D. vulnerability Answer: C 63. Which of the following best defines the word self-reliant? A. observation B. crime prevention C. called for service D. criminal apprehension Answer: C 64. All but one are the primarily line operation in police organization A. patrol B. records C. investigation D. traffic Answer: C
142
65. Criminals can hear the sound of the helicopter coming and so element of surprise is lost which is one of the ________ of air patrol: A. advantages B. features C. disadvantages D. import Answer: C 66. What is the patrol used to locate prowlers, burglars hiding in large buildings or stores, and the control of unruly crowds and riots? A. foot B. horse C. bicycle D. dog . Answer: D 67. Which of the following laws established the Police Organization under the DILG? A. R.A. 5487 B. R.A. 8551 C. R.A. 1174 D. R.A. 6975 Answer: D 68. Who is the most important officer in the police organization? A. investigator B. patrol officer C. traffic officer D. The Chief of Police Answer: B 69. Which of the following is the oldest warning device? A. trumpet B. horn C. radio D. siren Answer: A 70. What type of cover uses actual or true background? A. artificial B. multiple cover C. natural D. cover within a cover Answer: C 71. What is the principle of organization suggesting that communication should ordinarily go upward and downward through establish channels in the hierarchy? A. Chain of Command B. Span of Control 143
C. Unity of Command D. Delegation of Authority
Answer: A
72. What is the optional retirement for officers and new officers of the police service? A. 15 years B. 25 years C. 30 years D. 20 years Answer: D 73. Governors and mayors, upon having been elected and having qualified as such,are automatically deputized as representatives of the A. NAPOLCOM B. DND C. PLEB D. none of these Answer: A 74. It is constitutionally and legally mandated to administer and control the Philippine National Police. A. DILG B. DND C. NAPOLCOM D. DFA Answer: C 75. It is the central receiving entity for any citizen’s complaint against the members and officers of the PNP. A. DILG B. NAPOLCOM C. PLEB D. IAS Answer: C 76. When we say that a commander is directly responsible for any act or omission of his subordinates in relation to the performance of their official duties, we are referring to: A. chain of command B. delegation of responsibility C. Command responsibility D. span of control Answer: C 77. A police strategy which aims to directly involve members of the community in the maintenance of peace and order by police officers. A. Integrated Police System B. Comparative Police System C. Police Visibility 144
D.
Community Oriented Policing System (COPS) Answer: D
78. No person in an organization can do all the tasks necessary for accomplishing group objective. Also, no one should exercise all the authority for making decisions.This refers to A. chain of command B. command responsibility C. unity of command D. delegation of authority Answer: D 79. Under RA 6975, a police officer is entitled to a longevity pay equivalent to how many percent (%) of his monthly basic salary for every five years of service, to be reckoned from the date of his original appointment in the police, fire, jail or other allied services? A. 2 percent B. 5 percent C. 10 percent D. 15 percent Answer: C 80. This term refers to the period when a police officer is actively engaged in the performance of his duty. A. off duty B. off limits C. on call D. on duty Answer: D 81. The act of temporarily denying an officer the privilege of performing his police duties in consequence of an offense and violation of rules and regulations. A. dismissal B. restriction C. suspension D. reprimand Answer: C 82. The credential extended by the Civil Service Commission/National Police Commission for the purpose of conferring status for permanent appointment in the police service. A. police credibility B. police visibility C. Criminology Board Examination D. police patrol examination E. police eligibility Answer: E
145
83. In the history of our police force, who was the first Director General of the Philippine National Police (PNP)? A. Gen. Cesar Nazareno B. Gen. Raul Imperial C. Gen. Umberto Rodriquez D. Gen. Recaredo Sarmiento Answer: A 84. The premier educational institution for the training, human resource development and continuing education of all the personnel of BJMP, BFP and PNP. A. PNPA B. PCCR C. PNTC D. PPSC Answer: D 85. Under the law,the city/municipal jail warden should have a rank of __. A. Inspector B. Chef Inspector C. Senior Inspector D. Superintendent Answer: C 86. The required rank for the Chief of Jail Bureau. A. Chief Superintendent B. Director General C. Director D. Deputy Director General Answer: C 87. It exercise supervision and control over the provincial jails. A. BJMP B. Bureau of Prisons C. Department of Justice D. Provincial Government Answer: D 88. The required rank for the head of the Fire Bureau. A. Chief Superintendent B. Director General C. Director D. Deputy Director General Answer: C 89. It exercise supervision and control over all city and municipal jails. A. BJMP B. Bureau of Prisons C. Department of Justice D. Local Government Answer: A 146
90. The annual reservation percentage quota for women in the PNP A. 25% B. 5% C. 10% D. 20% Answer: C 91. Which of the following administers and attends to cases involving crimes against chastity? A. CIDG B. DSWD C. Women’s Desk D. Homicide Division Answer: C 92. They are automatically deputized as NAPOLCOM representatives to exercise supervision and control over PNP units. A. Chief of Police B. Judges C. Local Government Executives D. Fiscals Answer: C 93. They have the authority to recommend to the Provincial Director the transfer, reassignment of PNP members outside of their town residences. A. Regional Directors B. Priests C. Chiefs of Police D. Mayors Answer: D 94. The head of a local peace and order council is the __. A. judge B. chief of police C. mayor D. governor Answer: C 95. The utilization of units or elements, of the PNP for the purpose of protection of lives and properties, enforcement of laws and maintenance of peace and order. A. employment B. deployment C. assignment D. designation Answer: A 96. The orderly and organized physical movement of elements or 147
units of the PNP. A. employment B. deployment C. assignment D. designation
Answer: B
97. One of the following exercises control and supervision over the PNP units during elections. A. NBI B. Ombusdman C. COMELEC D. DILG Answer: C 98. The number of eligible for which the Regional Director may recommend for Provincial Director to the governor is __. A. 2 B. 3 C. 5 D. 4 Answer: B 99. Who is the current Chief of the PNP? A. Nicanor Bartome B. Nicanor Bartomeo C. Nick Bartolome D. Nicanor Bartolome
Answer: C
100. The current PNP deputy director General for Administration is A. Arturo Cacdac Jr. B. Emilito Sarmiento C. Rommel Heredia D. Alexander Roldan Answer: A 101. Registration of a security agency as a corporation must be processed at what particular government agency. A. PNP SAGSD B. NAPOLCOM C. DND D. SEC Answer: D 102. Minimum age requirement for security manager or operator of a security agency. A. 25 years old B. 30 years old C. 35 years old D. 40 years old Answer: A
148
103. He exercises the power to revoke for cause licenses issued to security guards. A. Chief PNP B. DILG Usec C. NAPOLCOM chairman D. DILG Secretary Answer: A 104. Refers to a natural or man made structure which is capable of delaying illegal access to facility. A. Wall B. Fence C. Barriers D. Beach fronts Answer: C 105. It refers to means and ways that personnel and employees making them security conscious. A. Security Promotion B. Security Education C. Security Investigation D. Security Seminar Answer: B 106. Industrial management must establish the first line of physical defense,it refers to A. Perimeter barriers B. The building itself C. Door,Locks,Window barriers D. Entry points where security guards are located Answer: A 107. Physical security is a system of barriers placed between the potential intruder and the object matter to be protected.As criminologists,this is simply a denial of A. Opportunity to commit the offense B. Opportunity to the object of protection C. Access to the object of protection D. Criminal instinct to surface in the potential offender Answer: C 108. Weakest link in the security chain. A. Security Guards B. Manager C. Barriers D. Personnel
Answer: D
109. Perimeter barriers,protective lighting and ______ system are known in industrial security as physical security. A. Guarding B. Reporting 149
C. Relieving D. Accounting
Answer: A
110. This is an additional outward inclined fixed structure usually barbed wires placed above a vertical fence to increase physical protection from intruders of a certain area,this is known as A. Cellar Guard B. Tower Guard C. Top Guard D. Top Tower Answer: C 111. The exterior and interior parallel area near the perimeter barrier of an industrial compound to afford better observation and patrol movement is known as A. Protective zone B. Clear zone C. Twilight zone D. Patrol lane zone Answer: B 112. Protective guarding in a compound can be done by the use of electronic hardware,human guards and even animals.In England,an owner to protect his compound used this and they are not only effective but also the cheapest to maintain.This man is using A. Doberman B. Tame Tigers C. Geese D. Duck Answer: C 113. The government agency that issues licenses for private and government security guard is A. PNP SOSIA B. Mayors office C. PNP FEO D. PNP SAGSD Answer: D 114. If access is limited only to unauthorized personnel,this particular place is referred to as A. Compromise area B. Restricted area C. Danger area D. Exclusive area Answer: B 115. First measure undertaking before a comprehensive security program for an industrial plan could be developed. 150
A. Security education B. Security check C. Security survey D. Security Inspection
Answer: C
116. A security of a plant or industrial firm is also known by other terms except A. Robbery evaluation B. Vulnerability C. Risk Assessment D. Security Audit Answer: B 117. Today there are 3 categories of security guards belonging to the blue army. A. Government security guards B. Company guards C. Agency guards D. Body guards Answer: D 118. Whether to put up its own security guard organic to the firm or hire contractual agency guards have their individual merits and disadvantages.To determine which type of guarding system an industrial firm will require management must consult A. A security consultant not connected to or owning a security agency B. A military intelligence officer C. A police officer D. A security agency owner Answer: A 119. As a security officer,you can not prevent nor protect natural hazards like storm,earthquakes,floods and the like.In order to reduce the disastrous effects of these natural hazards you will A. Call PAGASA and inquire when the next storm is coming B. Alert your guards when hazards occur C. Not take any concern of such hazards D. Prepare a disaster or emergency plan for these hazards for the firm Answer: D 120. Practical exercise or test of a plan or activity to determine its effectiveness is called A. Sham drill B. Fire drill C. Dry run D. Evacuation plan Answer: C
151
121. The main reason for a personnel security investigation is A. To weed out undesirable employees B. To check loyalty of employees to the organization C. To determine the character and reputation of certain employees secretly tagged as risks. D. Preclude assignment to sensitive positions for those who are security risks. Answer: D 122. In an industrial firm there is a need for document security.As security officer,you can advice management on this aspect although this is not totally your assigned work.Document security is not a protection of vital records from A. Authorized handlers B. Theft or loss C. Compromise or destruction D. Unauthorized access Answer: A 123. As a security chief of an industrial firm,inventory shows that pilferage is rampant in the warehouses.What will be your choice of action A. To resign if you have failed your job B. Deploy intelligence men in pilferage prone areas to catch the culprit C. Prepare your protective plans and confer with management for their immediate implementation D. Tighten checking at exists of vehicles of the compound/complex Answer: B 124. There are many types of electronic and electric protective devices available for security buildings,storehouses and compounds.One of the ff: is true A. Electronics/electrical devices provide total protection for the place to be safeguarded B. Types of alarms needed can best be given by the dealers of said devices C. Each building or compound requires particular electronic/electrical protective devices D. Electronic/electrical devices eliminate human guards Answer: C 125. The management of keys used in plant office or business organization to prevent unauthorized access is referred to as A. Security key control B. Lock control C. key control D. Key management Answer: C 152
126. It is defined as system of barriers placed between the matters protected and the potential intruder A. Computer security B. Personnel security C. Document security D. Physical security Answer: D 127. This type of alarm system utilizes a station located outside the compound A. Auxiliary system B. Proprietary system C. Central alarm system D. Local alarm system Answer: C 128. It is installed as part of the building which holds up to 10,000 cubic meters of essential items.At least 12 ft. in height with enough ventilation and fire proof of at least one hour. A. Protective cabinet B. File room C. Vault D. Safe Answer: B 129. It is the susceptibility of a plant or establishment to damage,loss or disruption of operations due to various hazards. A. Risk analysis B. Risk assessment C. Relative vulnerability D. Relative criticality Answer: C 130. It refers to the importance of the establishment with reference to the national economy and security. A. Risk analysis B. Relative vulnerability C. Risk assessment D. Relative criticality Answer: D 131. The association of all licensed security agencies operators A. POAPAD B. PADPAO C. PODPAO D. PAOPAD Answer: B 132.Who among below can own or operate security agency? A. A Filipino citizen 153
B. Anyone provided he knows the job C. An alien but living in the Philippines D. All of them Answer: A 133. A licensed issued to operate security agency or company forces. A. Business license B. License to engage in business C. License to operate D. All of them Answer: C 134. R.A. No. 5487 governs the operation of A. Private detective B. Company security C. Private security forces/agencies D. All of them
Answer: D
135. A fact-finding prove to determine a plant adequacy and deficiency all aspects of security with the corresponding recommendation. A. Security audit B. Security survey C. Security inquiry D. Security operations Answer: B 136. Barrier which includes but not limited to wall,fences,grill etc. A. Structural barriers B. Man made barriers C. Physical barriers D. Natural barriers Answer: B 137. One who steals due to his inability to resist the unexpected opportunity and has little fear of detection. A. Systematic B. Outsider C. Casual D. Insider Answer: C 138. A barrier which includes but not limited to mountains, cliffs, ravines, cliffs, etc. A. Energy B. Human C. Natural D. Animals Answer: C 139. Issued by the security guard for personnel to be admitted to 154
the company. A. Duress code B. Pass system C. ID D. Access list
Answer: B
140. In a close-in security formations, a one man security covers A. 360 degrees B. 180 degrees C. 45 degrees D. 90 degrees Answer: A 141. A mechanical device of supplying water which can be manual or motor driven. A. Stand pipe B. Fire extinguisher C. Fire hydrant D. Fire pump Answer: A 142.Intrusion alarm devices are designed to ______ and not prevent criminals from trespassing and should be used normally as an independent adjunct and not a replacement of the human guard forces. A. Detect B. Deterred C. Provide D. Impeded Answer: A 143. An authenticated list of personnel given to security allowing entry to compound or installation or part thereof. A. Pass system B. ID C. Access list D. Duress code Answer: C 144. The act or condition affecting the safe operation of the facility caused by human action,accidental or intentional.It includes sabotage,espionage,pilferage and theft,disloyalty,disaffection and subversive activities. A. Electronic hazard B. natural hazard C. Artificial hazard D. Human hazard Answer: D 145. Example of the Security Communication system. A. Telephone 155
B. Paging system C. Radio D. All of them
Answer: D
146. The revised rules and regulations governing the organization and operation of private detective and private security agencies and company security forces throughout the country. A. Private security law B. International law C. Private law D. Security law Answer: A 147. A metallic container used for the safekeeping of documents or small items in an office or installation. A. Steel cabinet B. Drawer C. Basket D. Safe Answer: D 148. A heavily constructed fire and burglar resistant container usually a part of the building structure used to keep and protect cash,document and negotiable instruments. A. Basket B. Vault C. Steel cabinet D. Concrete coffin Answer: B 149. Steal or plastic pipes located in the building from the lowest to the top floor with water under pressure for use in case of fire. A. Lowering pipe B. Wet pipe C. Top pipe D. Stand pipe Answer: D 150. Who among below are exempted from pre-licensing training? A. AFP and PNP retirees B. Graduate of ROTC basic or advance C. AFP and PNP veterans D. All of the above Answer: D 151. Tenure of security personnel is based on A. Can be extended by the client B. The service contract between the agency and the client 156
C. Labor only contracting between the agency and the guard D. Tenure provided by the labor code Answer: B 152. Before private security agencies render security services to its clients,there must be a contract that must bind them,it is called A. Contract service B. Service contract C. Security contract D. Security service contract Answer: D 153. Which below is a qualification for the operator or manager of security agency. A. Commissioned officer of AFP or PNP,inactive or retirees B. At least 25 years of age C. Filipino citizen D. All of them Answer: D 154. A security force maintained and operated by any private company for its own security requirements only. A. Insular security force B. Company security force C. Government security unit D. Private security unit Answer: B 155. A person who offers or renders personal services to watch or secure a residence or business establishment or both is A. Watchman B. Security guard C. B only D. B and A Answer: D 156. Include all the security measures designed to prevent unsuitable individuals or persons of doubtful loyalty to the government from gaining access to classified matter or to any security facility and to prevent appointment or retention as employees of such individuals. A. Security personnel B. Employee security C. Personnel security D. Both A and C Answer: C 157. It is an inquiry into the character,reputation,discretion and loyalty of individual in order to determine a persons suitability to be given security clearance. 157
A. BI B. LAC C. NAC D. PSI
Answer: D
158. Consist of the investigation of the background of an individual but limited only to some of the circumstances of his personal life which are deemed pertinent to the investigation. A. PSI B. PBI C. CBI D. BI Answer: B 159. A thorough and complete investigation of all or some of the circumstances or aspect of a persons life is conducted. A. PSI B. PBI C. CBI D. BI Answer: D 160. Among the following,which is the least expensive and least secure personnel control identification system? A. Multiple pass system B. Group pass and badge system C. Spot magnetized identification pass D. Single pass or badge system Answer: D 161. Factors considered in background investigation except: A. Integrity B. Character C. Personal prestige D. Loyalty Answer: C 162. Motives that cause people to be disloyal A. Character B. Revenge C. Moral D. Reputation
Answer: B
163. Weakness that makes people susceptible to pressure A. Jealousy B. Weakness of character C. Close relative in foreign land D. All of them Answer: D 164. A security unit maintained and operated by any government 158
entity. A. Insular security force B. Company security force C. Government security unit D. Private security agency
Answer: C
165. Cosnsist of the investigation of the background of a person particularly all the circumstances of his personal life A. PSI B. PBI C. CBI D. BI Answer: C 166. Any person,association,partnership,firm or private corporation,who contracts recruits,trains,furnishes or post any security guards to do its functions. A. Insular security force B. Company security force C. Government security unit D. Private security agency Answer: D 167. Shall be responsible to the detachment commander as far as his shift is concerned. A. Officer in charge B. Shift in charge C. Security guard on duty D. Assistant detachment commander Answer: B 168. Before a security guard can practice his profession,he shall possess a valid security license,What is this license? A. Firearm license B. License to operate C. Drivers license D. Security guard license Answer: D 169. How many firearms issued for every two guards employed by the security agency is allowed by law? A. 4 B. 3 C. 2 D. 1 Answer: D 170. Firearms of security agency should be covered with firearms license issued by the PNP through its Firearm Explosive Division under the civil security group renewable every A. 4 years 159
B. 3 years C. 2 years D. 1 year
Answer: D
171. The aspect of security which involves the application of security measures For the protection and safeguarding of classified information A. Top secret B. Information security C. Personnel security D. Documents security Answer: D 172. Refers to assigned information by one of the four classification categories A. Reclassify B. Classified C. Declassify D. Security clearance Answer: B 173. Refers to the administrative determination that an individual is eligible for access to classified matter. A. Reclassify B. Classified C. Declassify D. Security clearance Answer: D 174. Means loss of security which results from an unauthorized persons obtaining knowledge of classified matter. A. Vulnerability B. Criticality C. probability D. Compromise Answer: D 175. These are information and material,the unauthorized disclosure of which would cause exceptional grave damage to the nation,politically,economically or from a security aspect,this category is reserved for the nations closest secret and is to be used with great reserve. A. Restricted matters B. Secret matters C. Confidential matters D. Top secret matters Answer: D 176. These information and material,the authorized disclosure of which would endanger national security,cause serious injury to the interest or prestige of the nation or of any governmental 160
activity or would be of great advantage to a foreign nation. A. Restricted matters B. Secret matters C. Confidential matters D. Top secret matters Answer: B 177. These information and material,the unauthorized disclosure of which while not endangering the national security would be prejudicial to the interest or prestige of the nation or any government activity or would cause administrative embarrassment or unwarranted injury to an individual or would be of the advantage to a foreign nation. A. Restricted matters B. Secret matters C. Confidential matters D. Top secret matters Answer: C 178. It is information that in some special way relates to the status or activities of the possessor and over which the possessor asserts ownership. A. Transmission security B. Trade secret C. Patents D. Proprietary information Answer: D 179. It maybe a formula for a chemical compound,a process of manufacturing,treating or preserving materials,a pattern for machine or device or a list of customers. A. Transmission security B. Trade secret C. Patents D. Proprietary information Answer: B 180. It is the protection resulting from the application of various measures which prevent or delay the enemy or unauthorized persons in gaining information through communication. A. Transmission security B. Cryptographic security C. Communication security D. All of the above Answer: C 181. That component of communication security which results from the provisions of technically sound crypto system and their proper use. A. Transmission security B. Cryptographic security 161
C. Communication security D. All of the above
Answer: B
182. A system which uses words as the smallest element. A. Transposition system B. Code C. Concealment D. Cipher Answer: B 183. A system that manipulate 1,2 or 3 characters at a time. A. Transposition system B. Code C. Concealment D. Cipher Answer: D 184. It is the potential damage or loss of an asset. A. Adversary B. Risk C. Security hazard D. Criticality Answer: B 185. It is the impact of a loss as measured in financial terms. A. Adversary B. Risk C. Security hazard D. Criticality Answer: D 186. Eliminating or removing the risk totally from the business,government or industrial environment for which the risk manager has responsibility. A. Risk self-assumption B. Risk spreading C. Risk avoidance D. Risk avoidance Answer: C 187. It is an act of spying. A. Saboteur B. Espionage C. pilferer D. Sabotage
Answer: B
188. It is one of the most annoying and common human hazards which security has to deal with. A. Casual pilferage B. Systematic pilferage C. Pilferage 162
D. None of the above
Answer: C
189. One who steals with pre conceived plans and takes always any or all types of items or supplies for economic gain. A. Casual pilferage B. Systematic pilferage C. Pilferage D. None of the above Answer: B 190. What date is the Republic Act No. 5487 or the private security agency law passed? A. June 13, 1999 B. June 13, 1969 C. June 7, 2009 D. June 31, 1969 Answer: B 191. A natural hazards or acts of god. A. Calamity B. Phenomenon C. Disaster D. Force majeure
Answer: D
192. A restricted area where visitors are limited in movement and are usually escorted. A. Exclusive area B. Limited area C. Restricted area D. Protected area Answer: B 193. A structure placed above a vertical fence to increase protection from intruder. A. Guard house B. Clear zone C. Tower guard D. Top guard Answer: D 194.A conference similar to entrance conference,this is only done after the completion of security survey. A. Entrance conference B. Briefing C. Debriefing D. Exit conference Answer: D 195. It is the lost that would be sustained if a given target or combination of target where totally removed,destroyed or both. 163
A. Risk reduction B. Probable maximum loss C. Risk transfer D. Possible maximum loss
Answer: D
196. Refers to the amount of loss a target would be likely to sustain through theft and robbery. A. Risk reduction B. Probable maximum loss C. Risk transfer D. Possible maximum loss Answer: B 197. A term used in England for lock pickers,safe crackers and penetrators of restricted rooms or area. A. Superman B. Peterpan C. Batman D. Peterman Answer: D 198. The badge or pass coded for authorization to enter specific areas is issued to an employee who keeps it in his possession until his authorization terminates. A. Pass system B. Pass exchange system C. Single pass system D. Multi pass system Answer: C 199. Company owned alarm system with a unit in the nearest police station so that in case of need, direct call is possible. A. Auxiliary alarm B. Proprietary system C. Local alarm system D. Central station station system Answer: A 200. The system consists of ringing up a visual or audible alarm system near the object to be protected. A. Auxiliary alarm B. Proprietary system C. Local alarm system D. Central station system Answer: C
Criminal Jurisprudence and Procedure Subjects
Relative Weight 164
Criminal Jurisprudence and Procedure Law Enforcement Administration Correctional Administration Criminalistics Criminal Sociology Ethics and Human Relations
20% 20% 15% 20% 15% 10%
Criminal Jurisprudence and Procedure is further subdivided into: 1. Criminal Law 1 - Study of the Revised Penal Code book 1, special criminal statutes, Presidential Decrees, and Letters of Instructions. 2. Criminal Law 2 - Study of the Revised Penal Code book 2 3. Criminal Procedure - Study of the Rules of Court and Criminal Procedure covering the law on arrest, search and seizure, Preliminary Investigation and the granting of bail to an accused person; Rights of the accused person during the trial and the manner of prosecution of criminal offenses; Procedures in arraignment and trial and discharge of one of several defendants as state witness; Rules governing arrest without warrant and the use of firearms in case of resistance to an arrest; Study of court decisions regarding arrest and search and seizure. 4. Criminal Evidence - Study of the fundamental principle of criminal evidence as embodied in the rules of court. Civil Law 1. Filed by a private party.
a corporation an individual person
2. Penalty: a guilty defendant pays the plaintiff for losses caused by their actions.
no incarceration
Crimes are divided into 2 classes 1. Misdemeanors - less than one year of incarceration 2. Felonies - sentence of one year or more. During the times of the Romans, a criminal charge meant presenting the case before the public.Both the person accused of the crime and the accuser would give speeches based on their side of the story.The individual with the best argumentation would determine the outcome of the case. 165
Criminal Law 1. Filed by the government 2. Penalty: a guilty defendant is punished by
incarceration in jail or prison
fine paid to the government
execution (death penalty)
Criminal law RPC (Book 1) Criminal Law - a branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law 1. General 2. Territorial 3. Prospective General - binding on all persons who reside or sojourn in the Philippines. Exceptions: 1. Treaty Stipulation 2. Laws of Preferential Application 3. Principles of Public International Law ex. 1. Sovereigns and other chief of state 2. Ambassadors, Minister resident, and charges d' affaires Note: Consuls, Vice Consuls, and other foreign commercial representatives can not claim the privileges and immunities accorded to ambassadors and ministers. 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 Philippines. 1. Offenses committed while on a Philippine ship or airship. 2. Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the government. 3. Introduction into the country of the above mentioned obligations and securities. 166
4. While being public officers and employees, an offense is committed in the exercise of 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. Exception to the Exception: 1. The New Law is expressly made inapplicable to pending actions or existing causes of action. 2. Offender is a habitual criminal. Theories of Criminal Law 1. Classical Theory - basis is man's free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory - combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. 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 167
3. Law that violates the equal protection clause of the constitution. 4. Law which imposes cruel and unusual punishments nor excessive fines.
Criminal Law Review Questions 1 1. A Branch of municipal law which defines crimes, treats of their nature and provides for their punishment. A. Procedural Law B. Civil Law C. Criminal Law D. Political Law 2. One of the following is not a characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive 3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive 4. One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of generality. A. Treaty Stipulation B. Laws of Preferential Application C. Principles of Public International Law D. None of the Above 5. One of the following person is not immune from Philippine criminal law. A. Sovereigns and other chief of state B. Ambassador C. Consuls D. Charges d' Affaires 6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal law is known as A. General B. Territorial 168
C. Prospective D. None of the above 7. One of the following is not an exceptions to the territorial principle of criminal law. A. Offenses committed while on Philippine ship or airship B. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by the government. C. Crimes committed against national security and the law of nations. D. Crimes committed against public order. 8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive 9. When the law is favorable to the accused, is an exception to which characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive 10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of penalty is retribution. A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above. Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
C D A D C B D C C A 169
Criminal Law Review Questions 2 1. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This theory of criminal law is known as A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above 2. In the construction of penal laws, it must be ______________ construed in favor of offender. A. Strictly B. Liberally C. Severely D. Precisely 3. Which of the following is not a limitation on power of congress to enact penal laws. A. Ex post facto law B. Bill of Attainder C. Law that violates the equal protection clause of the constitution. D. None of the Above 4. The Revised Penal Code took effect on A. March 6, 1929 B. March 6, 1930 C. February 1, 1932 D. February 1, 1934 5. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law? A. Place of Registration B. Place of Construction C. Citizenship of the Owner D. None of the Above 6. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above
170
7. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above 8. For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the Philippines. A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above 9. Acts and omissions punishable by the RPC is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above 10. Acts and omissions punishable by any law is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B B D C A C B B A B
Criminal Law Review Questions 3 1. Failure to perform a duty required by law. A. Exception B. Exclusion C. Avoidance 171
D. Omission 2. There is no crime when there is no law punishing it. In criminal law, this principle is known as A. Nullum crimen, nulla poene sine lege B. Ignorantia Legis Non Excusat C. Actus Non Facit Reum, Nisi Mens Sit Rea D. Actus Me Invito Factus Non Est Meus Actus 3. These Felonies are committed by means of deceit (dolo). A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 4. These Felonies are committed by means of fault. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 5. This classification of felony has the following requisites, freedom, intelligence, and intent. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 6. This classification of felony has the following requisites: freedom, intelligence, negligence, and imprudence. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above 7. Which of the following is not a characteristics of an offense mala in se? A. Moral trait of offender is considered. B. Good Faith is a defense C. Mitigating and aggravating circumstances taken into account in imposing penalty D. Degree of participation when there is more than one offender is generally not taken into account 8. Which of the following is not a characteristic of an offense mala prohibita? 172
A. Mitigating and aggravating circumstance is not generally taken into account B. Degree of accomplishment of the crime is taken into account only when consummated C. Good Faith is not a defense D. Moral trait of offender is considered. 9. Moving power which impels one to act. A. Motive B. Intent C. Purpose D. None of the Above 10. Purpose to use a particular means to effect a result. A. Motive B. Intent C. Purpose D. None of the Above
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
D A B A B A D D A B
Criminal Law Review Questions 4 1. In Criminal Law, Error in Personae means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above 2. In Criminal Law, Abberatio Ictus means A. Mistake in Identity B. Mistake in Blow C. Lack of Intent to commit so grave a wrong D. None of the Above 173
3. In Criminal Law, Praetor Intentionem means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above 4. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. A. Immediate Cause B. Intervening Cause C. Proximate Cause D. Natural Cause 5. Which of the following is not a requisites of an impossible crime? A. Act would have been an offense against persons or property B. Accomplishment is inherently impossible or inadequate or ineffectual or ineffectual means are employed C. Act is not an actual violation of another provision of the RPC or of special law. D. There was no criminal intent 6. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are present. A. Consummated B. Frustrated C. Attempted D. None of the Above 7. This Stage in the execution of felonies have the following elements: a. offender performs all acts of execution b. All the acts would produce the felony as a consequence c. But the felony is not produce d. By reason of causes independent of the will of the perpetrator. A. Consummated B. Frustrated C. Attempted D. None of the Above 8. This Stage in the execution of felonies have the following elements: a. Offender commences the felony directly by 174
overt acts b. Does not perform all acts which would produce the felony c. His acts are not stopped by his own spontaneous desistance A. Consummated B. Frustrated C. Attempted D. None of the Above 9. In the stages of execution of felonies, the element that all acts of execution are present, must be present in A. Attempted and Frustrated B. Attempted and Consummated C. Frustrated and Consummated D. Frustrated and Attempted 10. Which of the following do not admit of frustrated and attempted stages? A. Offenses punishable b y special penal laws B. Formal Crimes C. Impossible Crimes D. All of the Above
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
A B C C D A B C C D
Criminal Law Review Questions 5 1. Which of the following crimes do not admit of frustrated stage. A. Rape B. Bribery C. Adultery 175
D. All of the Above 2. The General Rule is that light felonies are punishable only when they have been consummated. One of the following is an exception. A. If committed against the law of the nation B. If committed against public order C. If committed against persons or property D. None of the Above 3. Two or more persons come to an agreement for the commission of a felony and they decide to commit it. A. Proposal B. Conspiracy C. Agreement D. Non of the Above 4. A Person has decided to commit a felony and proposes its execution to some other person. A. Conspiracy to commit a felony B. Proposal to commit a felony C. Agreement to commit a felony D. None of the Above 5. Under the RPC , afflictive penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 6. Under the RPC, Correctional penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 7. Under the RPC, aresto menor is imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above 8. Light Felonies are punishable by A. 1 day to 30 days B. 1 month and 1 day to 6 months C. 6 months and 1 day to 6 years 176
D. 6 years and 1 day to 12 years 9. Where the act of a person is in accordance with law, such person is deemed not to have violated the law. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance 10. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
D C B B A B C A C D
Criminal Law Review Questions 6 1.One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. A. Insane B. Imbecile C. Stupid D. None of the Above 2. One who acts with complete deprivation of intelligence or reason or without the least discernment or with total deprivation of freedom of will. A. Insane B. Imbecile C. Stupid 177
D. None of the Above 3. Offender uses violence or physical force to compel another person to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above 4. Offender employs intimidation or threat in compelling another to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above 5. The Juvenile Justice and Welfare Act is known as A. R.A. 9343 B. R.A. 9434 C. R.A. 9433 D. R.A. 9344 6. Mental capacity to fully appreciate the consequences of the unlawful act. A. Motive B. Intent C. Discernment D. None of the Above 7. Actus Me Invito Factus Non Est Meus Actus means A. Any act done by me against my will is not my act B. No intent to commit so grave a wrong C. He who is the cause of the cause is the cause of the evil caused D. None of the Above 8. Some motive which has lawfully, morally, or physically prevented a person to do what the law commands. A. Absolutory cause B. Insuperable cause C. Mitigating circumstance D. None of the Above 9. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. A. Absolutory cause 178
B. Insuperable cause C. Mitigating circumstance D. None of the Above 10. Those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime. A. Justifying circumstance B. Mitigating circumstance C. Aggravating circumstance D. Exempting circumstance Answer: 1. B 2. A 3. A 4. B 5. D 6. C 7. A 8. B 9. A 10. B
Criminal Law Review Questions 7 1. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. A. Provocation B. Vindication C. Passion D. Obfuscation 2. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. A. Justifying circumstances B. Mitigating circumstances C. Exempting circumstances D. Aggravating circumstances 3. It is a kind of aggravating circumstance which apply to all crimes. A. Generic aggravating circumstance B. Specific aggravating circumstance 179
C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 4. A kind of aggravating circumstance that change the nature of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 5. A kind of aggravating circumstance which of necessity accompany the commission of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance 6. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and can not be offset by mitigating circumstances. A. Generic aggravating circumstance B. Special aggravating circumstance C. Inherent aggravating circumstance D. Qualifying aggravating circumstance 7. In Criminal Law, nighttimeas an aggravating circumstance is also referred to as A. Obscuridad B. Despoblado C. Encuadrilla D. None of the Above 8. In Criminal Law, uninhabited place as an aggravating circumstance is known as A. Obscuridad B. Despoblado C. Encuadrillia D. None of the Above 9. In Criminal Law, Band to be considered aggravating A. There must be three or more armed men B. There must be four or more armed men C. There must be five or more armed men D. There must be six or more armed men 10. En Cuadrillia means 180
A. Uninhabited place B. Band C. Nighttime D. None of the Above Answer: 1. A 2. D 3. A 4. C 5. D 6. B 7. A 8. B 9. B 10. B
Criminal Law Review Questions 8 1. One who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. A. Recidivist B. Habitual delinquent C. Quasi-recidivist D. None of the Above 2. All of the following except one is a person in authority. A. Barangay Chairman B. Barangay Tanod C. Mayor D. Governor 3. Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This generic aggravating circumstance is known as A. Recidivism B. Habituality C. Multi-recidivism D. Quasi-recidivism 4. Reiteracion means A. Recidivism B. Habituality C. Multi-recidivism 181
D. Quasi-recidivism 5. Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of the sdaid crimes a third time or oftener. This extra ordinary aggravating circumstance is known as A. Recidivism B. Habitual delinquency C. Reiteracion D. Quasi-recidivism 6. Where a person commits felony before beginning to serve or while serving on a previous conviction for a felony. This special aggravating circumstance is known as A. Recidivism B. Reiteracion C. Habitual delinquency D. Quasi-recidivism 7. This aggravating circumstance involves the use of intellectual trickery or cunning on the part of the accused. A. Craft B. Fraud C. Disguise D. None of the Above 8. This aggravating circumstance involves the use of insidious words or machinations to induce the victim to act in a manner which would enable the offender to carry out his design. A. Craft B. Fraud C. Disguise D. None of the Above 9. This aggravating circumstance involves resorting to any device to conceal identity. A. Craft B. Fraud C. Disguise D. None of the Above 10. Astucia means A. Craft B. Fraud 182
C. Disguise D. None of the Above 11. Disfraz means A. Craft B. Fraud C. Disguise D. None of the Above Answer: 1. A 2. B 3. B 4. B 5. B 6. D 7. A 8. B 9. C 10. A 11. C
Criminal Law Review Questions 9 1. When the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. A. Evident Premeditation B. Astucia C. Disfraz D. Treachery 2. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime. A. Astucia B. Disfraz C. Ignominy D. Obscuridad 3. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the 183
consummation of the criminal act. A. Ignominy B. Cruelty C. Obscuridad D. Disfraz 4. Which of the following is not one of the three types of principals? A. Principal by Direct Participation B. Principal by Induction C. Principal by Indispensable Cooperation D. None of the Above 5. Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crime. A. Principal B. Accomplice C. Accessory D. None of the Above 6. A Person received and used property from another, knowing it was stolen. This is an example of a A. Principal B. Accomplice C. Accessory D. None of the Above 7. Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the deceased who was killed by the mastermind. This is an example of A. A Principal B. An Accomplice C. An Accessory D. None of the Above 8. This Law penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. A. P.D. 1928 B. P.D. 1892 C. P.D. 1829 D. P.D. 1982
184
9. This Law penalizes the act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. A. P.D. 1261 B. P.D. 1216 C. P.D. 1621 D. P.D. 1612 10. One of the following accessory is not exempt from criminal liability. A. When the Principal is his Spouse B. When the Principal is his Ascendant C. When the Principal is his Descendant D. None of the Above Criminal Law Review Questions 10: Next Page Answer: 1. D 2. C 3. B 4. D 5. B 6. C 7. C 8. C 9. D 10,. d
Criminal Law Review Questions 10 1. Suffering inflicted by the state for the transgression of a law. A. Reward B. Advantage C. Penalty D. None of the Above 2. A Theory of justifying penalty to prevent or suppress the danger to the state arising from the criminal act of the offender. A. Prevention 185
B. Self-Defense C. Reformation D. Exemplarity 3. A Theory justifying penalty so as to protect society from the threat and wrong inflicted by the criminal. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Justice 4. A Theory Justifying penalty where the object of punishment in criminal cases is to correct and reform the offender. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Exemplarity 5. A Theory justifying penalty where the criminal is punished to serve as an example to deter others from committing crimes. A. Theory of Prevention B. Theory of Self-Defense C. Theory of Reformation D. Theory of Exemplarity 6. A Theory justifying penalty, that crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal. A. Theory of Prevention B. Theory of Reformation C. Theory of Exemplarity D. Theory of Justice 7. A Legislative Act which inflicts punishment without trial. A. Bill of Attainder B. Ex Post Facto Law C. Republic Act D. None of the Above 8. Which of the following is not an Ex Post Facto Law? A. A Law which makes criminal an act done before the passage of the law and which was innocent when done. B. A Law which aggravates a crime or makes it greater than it was when committed. C. A Law which changes the punishment and inflicts a greater 186
punishment than the law annexed to the crime when committed. D. None of the Above 9. Which of the following crimes will not extinguish the criminal liability of the offender even if pardoned by the offended party? A. Adultery B. Seduction C. Concubinage D. Homicide 10. Fines when imposed alone as penalty, in the amount of 201 pesos to 6000 pesos is considered A. Afflictive Penalty B. Correctional Penalty C. Light Penalty D. None of the Above 11. Fines when imposed alone as penalty, over 6000 pesos is considered A. Afflictive penalty B. Correctional Penalty C. Light penalty D. None of the Above 12. Fines when imposed alone as penalty, in the amount of 200 pesos and less is considered A. Afflictive Penalty B. Correctional Penalty C. Light penalty D. None of the Above Answer: 1. C 2. A 3. B 4. C 5. D 6. D 7. A 8. D 9. D 10. B
187
11. A 12. C
Criminal Law Review Questions 11 1. Breach of allegiance to the government by a person who owes allegiance it. A. Espionage B. Rebellion C. Sedition D. Treason 2. Treason can be proven by Judicial Confession of the accused or testimony of at least how many witness? A. At Least 1 Witness B. At Least 2 Witness C. At Least 3 Witness D. At Least 4 Witness 3. The Offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of thre Philippines or the advantage of a foreign nation. A. Treason B. Espionage C. Sedition D. Rebellion 4. One of the following felonies may be committed not only during war but also during peace time. A. Treason B. Misprision of Treason C. Espionage D. Piracy 5. An Act to punish Espionage and other offenses against national security. A. C.A. No. 616 B. C.A. No. 716 C. C.A. No. 816 D. C.A. No. 916 6. It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. 188
A. Piracy B. Mutiny C. High Jacking D. Robbery on the the High Seas 7. The Unlawful Resistance to a superior or the raising of commotions and disturbances on board a ship against the authority of its commander. A. Piracy B. Mutiny C. High Jacking D. Rebellion 8. Anti-Hijacking Law is known as A. R.A. No. 6553 B. R.A. No. 6523 C. R.A. No. 6253 D. R.A. No. 6235 9. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is known as A. P.D. No. 532 B. P.D. No. 523 C. P.D. No. 253 D. P.D. No. 235 10. The deprivation by a public officer of the liberty of a person without any legal ground. A. Arbitrary Detention B. Illegal Detention C. Kidnapping D. None of the Above Answer: 1. D 2. B 3. B 4. C 5. A 6. A 7. B 8. D 9. A 10. A
189
Criminal Law Review Questions 12 1. One of the following is not a crime against the law of nation. A. Treason B. Qualified Piracy C. Flight to Enemy's Country D. Arbitrary Detention 2. One of the following is not a crime against the Fundamental Laws of the State. A. Qualified Piracy B. Arbitrary Detention C. Delaying Release D. Expulsion 3. It is the offense committed by expelling a person from the Philippines or by compelling a person to change his residence. A. Light Threats B. light Coercion C. Expulsion D. Grave Threats 4. The term used where the object of the movement is completely to overthrow and supersede the existing government. A. Insurrection B. Rebellion C. Sedition D. None of the Above 5. The term refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority with respect to particular matters or subjects. A. Insurrection B. Rebellion C. Sedition D. None of the Above 6. R.A. No. 6235 is known as A. Anti-Hijacking Law B. Anti-Piracy and Anti-Highway Robbery Law of 1974 C. An Act To Punish Espionage D. None of the Above 7. All of the following except one are crimes against public order. A. Coup D' Etat 190
B. Sedition C. Treason D. Rebellion 8. This felony involves the raising of commotions or disturbances in the State. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. A. Coup D' Etat B. Rebellion C. Sedition D. Treason 9. Committed by a person who being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. A. Slander B. Perjury C. Libel D. False testimony 10. Lax, Unrestrained, immoral, maintainer of house of prostitution. A. Dissolute B. Prostitutes C. Ruffians D. Vagrants
Answer: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
D A C B A A C C D A
Heinous Crimes Act Of 1993 R.A. No 7659 The Crimes Punishable by death are: 1. Treason 2. Qualified Piracy 3. Qualified Bribery 191
4. Parricide 5. Murder 6. Infanticide - however,if any crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal. 7. Kidnapping and Serious Illegal Detention 8. Robbery - when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson. 9. Destructive Arson 10.Rape - a. committed with the use of deadly weapon or by two or more persons. b. when by reason or on the occasion of the rape, the victim has become insane. c. when the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof. 11.Plunder 12.Violations of Dangerous Act 13.Carnapping General rule: the death penalty shall be imposed in all cases upon which it must be imposed under existing laws. Exceptions: in which cases the penalty shall be reduced to reclusion perpetua. 1. When the guilty person is below 18 years of age at the time of the commission of the crime. 2. When the guilty person is over 70 years
Anti-Money Laundering Act Of 2001 R.A. NO. 9160 Money Laundering - is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. Persons Liable: 1. Any person knowing that any monetary instrument or property represents,involves or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. 192
2. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fail to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph 1 above. 3. Any person knowing that any monetary instrument or property is required under this act to be disclosed and filed with the Anti-Money Laundering Council (AMLC) fails to do so. Covered Transaction: Transaction in excess of P500,000. within one banking day. Suspicious Transaction, Requisites: 1. Covered Institution 2. Regardless of amount and 3. Any of the following circumstances: a. no economic justification b. client not properly identified c. amount not commensurate with financial capacity d. structured to avoid reporting e. deviation from client's profile or past transactions f. unlawful activity under this act g. similar or analogous Unlawful Activity 1. Kidnapping for ransom 2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12, 14,15,16) 3. Anti-Graft and Corrupt Practices Act (Sec.3,par.B,C,E,G,H,I) 4. Plunder 5. Robbery and Extortion 6. Jueteng and Masiao punished as illegal gambling 7. Piracy on the High Seas 8. Qualified Theft 9. Swindling 10.Smuggling 11.Electronic Commerce Act of 2000 12.Hijacking and Other Violation Of RA 6235,Destructive and Murder, including those perpetrated by terrorists against non-combatants 13.Securities Regulation Code of 2000 14.Offenses of similar nature punishable by foreign penal laws. What is required to be reported? Covered Institutions shall report to the Anti-Money Laundering Council all covered transactions and suspicious transactions within 5 working days from the occurrence. Authority to inquire into bank deposits 1. Court order upon showing of probable cause that the deposit is 193
related to an unlawful activity or a money laundering offense. 2. No court order required for the ff: unlawful activities: a. Kidnapping for ransom b. Comprehensive Dangerous Drugs Act of 2002, Hijacking and other violations of RA 6235, Destructive and Murder, including those perpetrated by terrorists against non combatants. Prosecution of Money Laundering 1. Offender may be charged with and convicted of both money laundering and the unlawful activity 2. Proceeding of unlawful activity shall be given precedence over the prosecution for money laundering, without prejudice to freezing and other remedies of this act
Criminal Procedure Introduction: Etymology:
Krimea [Greek]: meaning, “to charge a wrongdoing”
Criminal Procedure The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case of conviction. It is concerned with the procedural steps through which a criminal casepasses, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules whichgovern the procedural administration of criminal justice. Criminal Jurisdiction The authority to hear and decide a particular offense and impose punishment for it. It has three requisites, namely: Subject matter – cases of the general class where the proceedings in question belong as determined by the nature of the offense and by the penalty imposed by law; Territory – the geographical limits of the territory over which the court presides and where the offense was committed; and Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender. I. Prosecution of Offenses How instituted? By filing the: 1) Complaint, or 2) Information.
194
Complaint A sworn written statement charging a person with an offense Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated]. May be filed in the prosecutors office or directly to the court 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 theoffense 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 and in substance . 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. A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground for a motion to quash. (Section 3, Rule 117) Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal). Remedy if a complaint or information is defective: I. If defective in form a) court may dismiss the complaint or information motu propio or upon motion, or b) accused may move for a BILL OF PARTICULARS II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness or other defect in the indictment on which an accused is being arraigned. It is for 195
the accused to move for a motion to quash on the ground that the complaint or information charges more than one offense, under sanction of waiver and loss of ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632) Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines whether or not the papers are in order before giving it due course, meaning, it satisfies itself if the complaint or information is sufficient in form and in substance. Examples: Articles of Impeachment in an impeachment proceedings Presidential Election Protest This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects (People v. Bartulay, supra). Query: JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there was an actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent or repel the unlawful aggression directed against him. Despite this, the fiscal went on to file the information in court. May JP claim that the information, though sufficient in form, is defective in substance? Why? No. JP cannot claim that the information is defective in substance. This is so because “selfdefense” is not a ground for a motion to quash but a matter of defense. If proven, self-defense is a basis for acquittal, not dismissal. Any explanation or defense which the defendant may want to invoke can be properly raised during trial (Galvez v. CA, 237 SCRA 685). Distinction between Acquittal and Dismissal: 1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B. 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 offenses, i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses. 2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e. those requiring mediation at the “lupong tagapamayapa”]. However, noncompliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect the Court’s jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566]. 3. All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the prosecutor. 196
Queries: I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal correct? Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on the part of the court in not including D in the information because of the prosecutors finding that there is sufficient evidence against all. There was no more necessity to utilize D as a state witness. Exeption: Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness and no court approval is necessary. II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception, if any. No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails. The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the allegations indicates either trespassing or a possible attempted rape). II. Prosecution of Civil Action Basis: Art. 100, RPC - Every person criminally liable is also civilly liable Generally, when a person commits a crime, he offends two entities, namely: 1) The State [whose laws he violated]; and 2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same acts or omissions]. Exception: When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself is his own victim”. Sec. 1, Rule 111 - When a criminal action is instituted, the civil actionfor the recovery of civil liability is deemed instituted with the criminal action unless the offended party: Waives the civil action; 197
Reserves the right to institute it separately; or Institutes the civil action prior to the criminal action Principle of proferrence of criminal action over civil action: After the criminal action has been commenced, the separate civil actionarising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgments on the merits xxx. Reason for the rule: Criminal action is based on an offense committed against the laws of the State while civil action is based on an injury to individual rights. Public interest is superior over private one. Exception to the rule of proferrence of criminal action over civil action When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code. When there is a prejudicial question in the civil case that must be decided first before the criminal action can proceed because the decision in the civil action is vital to the judgment of the criminal case. Elements of Prejudicial Question: The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and The resolution of such issue determines whether or not the criminal action may proceed. Queries: 1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal case for bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern on the ground that their marriage was void ab initio for having been contracted during the subsistence of Nobern’s prior marriage to Armie without X knowing it. Is there a prejudicial question? Why? 2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him unless he marries X. On 2007, Nobern filed an annulment against X on the ground of threat and intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon learning of Nobern’s marriage to X. Is there a prejudicial question? Why? Note: Prejudicial question is subject to the principle that he who comes into court must come with clean hands. The accused cannot be permitted to use the law in order to frustrate the ends of justice. Good faith or bad faith is important.
198
III. Preliminary Investigation Defined It is an inquiry or proceeding to determine whether there is sufficient ground to engender a wellfounded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. When required? Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine. When NOT REQUIRED: In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day In case of a valid warantless arrest [shall proceed in inquest] Officers authorized to conduct PI Provincial or City Prosecutors and their assistants; National and Regional State Prosecutors; and Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.] Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations. Rules: 1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra] 2. Supported by affidavits of the complainant and his witnesses 3. Numbers of copies are proportionate to the number of respondents plus 2 official copies 1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If yes – issue subpoenas. 2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents – respondent submits counter affidavits. 3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days – investigating officer resolves the complaint on the basis of evidence presented by complainant. Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10 days after submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal. 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 199
Defined: 1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Sec. 1, RRC) 2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605) 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 Ajust been committed and Bhe has probable cause to believe based on personal knowledge of facts or circumstances that the person arrested has committed it. Tests in determining probable cause based on personal knowledge: Must be based on the senses, i.e. 2) Hearing 3) Smell
1) Sight
Notes: A. The arresting officer must have personal knowledge of the commission of the crime through his senses. He cannot “fish” for evidence first and afterward make the arrest. B. The term “personal knowledge” excludes hearsay as a basis for probable cause. 200
C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401). D. For purposes of arrest – Officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Sec. 11, RRC). E. For purposes of search and seizure – he cannot break into any building or enclosure without violating the right of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant. 3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place of confinement etc. while serving sentence, temporarily confined, or case is still pending – may be arrested under the theory that “he is engaged in the commission of a continuing offense” (Parulan v. Director of Prisons, 22 SCRA 639). 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 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause [if person arresting is private person] Unless when the person to be arrested is either: 1) Engaged in the commission of the offense 2) Is pursued immediately after its commission 3) Has escaped, flees or forcibly resist before the officer or the arrest has the opportunity to inform him of 1 & 2, or 4) When the giving of info would imperil the arrest
private person making the
Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer: 1) Test of reasonability – conduct of the arresting officer is examined. Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal – condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257). 2) Test of necessity – conduct of the person arrested is examined. 201
Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784). 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 bondsman, to guarantee his appearance before any court as required under the conditions of law. Generally: The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender. Exception: When the person under investigation cannot personally appear because he is hospitalized but applies for bail through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741). 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, a matter of right: 1. Before or after conviction by MTC, MTCC or MCTC 2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment Bail, a matter of discretion: 1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. 2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discretion only in cases where the evidence of guilt is strong). 202
Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional Law, 2003 Ed.): De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that requires confinement to the hospital. 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 is not synonymous with guilt. 2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398). 3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80). 4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007) VI. Rights of the accused Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC). 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. Hierarchy of proof [according to degree of persuasiveness]: 203
Absolute certainty – ultimate truth [not required in any legal proceeding] Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive presumptions] Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence, probable cause, substantial evidence, disputable or prima facie presumptions] 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 the prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence. Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and Debate). 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 accordingly. Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against him. An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basic rule – you cannot prove what you did not allege. 3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment. Express or Implied waiver is renunciation to be present on that particular date only. Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)]. Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio. When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is violated, unless the accused voluntarily chose him knowing him to be a nonlawyer. 4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. 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. 204
Right against self incrimination: Intended to shield the guilty & imprudent as well as the innocent & farsighted. Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to commit perjury. Notes: A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents and articles demanded from him. B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others requiring a mere mechanical act on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658]. 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 witness while testifying (US v, Javier, 37 Phil 449). Effect of absence of right to cross examine: When there is express or implied waiver – no effect In the absence of waiver – testimony of the witness cannot be considered as complete and therefore cannot form part of the evidence against the accused. Effect when witness dies: Before he could take witness stand – inadmissible After giving his direct testimony but before cross examination – Gen. rule: inadmissible. Exception: where the adverse party was given adequate opportunity but failed to cross examine due to his own fault After the defense conducted cross examination – admissible 7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. “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-poena refuses to appear or refuses to produce the required documents without justifiable reasons – court has the power to declare that person in contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].
205
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 (Macalintal v. Judge Teh, 280 SCRA 623). Public trial: So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction. 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. There should be a public trial, not trial by publicity. 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 waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.). It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196) VII. Arraignment and Plea Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea (Black’s Law Dictionary). Venue for Arraignment and Plea: Before the court where the complaint or information was filed or is assigned for trial. Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.) 1) To fix the identity of the accused 2) To inform him of the charge 3) To give the accused an opportunity to plead Note: In order for the Court to “acquire” complete jurisdiction over the person of the accused, arraignment is essential. Unless this procedure is completed, the court cannot commence trial in absentia.
206
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 I. If under preventive detention Raffle of case and transmittal of records – within 3 days Arraignment – within 10 days from the date of raffle Pre trial conference – within 10 days after arraignment II. If not under preventive detention General rule – within 30 days from the date the court acquires jurisdiction Exception – a shorter period is provided by special law or SC Circular Rules in entering a plea: If accused refuses to plead or makes a conditional plea – a plea of not guilty shall be entered If accused enters a plea but presents exculpatory evidence – plea of guilty is withdrawn and a plea of not guilty shall be entered for him. Burden of proof shifts. If accused enters a plea to a capital offense – court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. Pre-trial Conference: Private offended party shall be required to appear for purposes of: 1) Plea-bargaining 2) Determination of civil liability 3) Other matters requiring his presence In case of failure of the offended party to appear despite due notice – conformity of prosecutor is sufficient for purposes of pleading guilty to a lesser offense which is necessarily included in the offense charged. Bill of particulars: The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired. 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 offense with sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).
207
[See discussion in: Elements of Complaint and Information, remedy in case complaint or information is defective, supra] Modes of discovery: Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653). Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs, US v. Bagley) Notes: 1) Arraignment is important for notifying the accused of the cause he is required to meet. The accused has the right to be informed of the nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422). 2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)
208
