Reviewer on Socio

REVIEWER ON CRIMINAL SOCIOLOGY

INTRODUCTION TO CRIMINOLOGY & PSYCHOLOGY OF CRIMES Criminology (from Latin crīmen, crīmen, "accusation"; and Greek logia, study) study) is the scientific study of the nature, extent, causes, ter m cri cr i minology was was coi coi ned i n 1885 by by I tali talian an and control of criminal behavior in both the individual and in society. T he ter law pr pr ofessor ofessor Raffaele Garofalo as criminologia. Around the same time, but later, French anthropologist Paul Topinard used the analogous French term criminologie. Criminology is a body of knowledge regarding crime as a social phenomenon. It covers in its scope study of lawmaking, law breaking, and the response to law breaking (Edwin Sutherland). Criminology vs. Criminal Justice Criminology focuses on lawbreaking (nature, extent & causes); Cr i minal Justice focuses on the response to criminal behavior (policing, courts, and corrections). Is Criminology a Science? 1. Edwin Sutherland and Donald Cressey – Not Not a science but has the hope of becoming a science for the reason that man is the subject of the study. 2. George Wilker – Absolutely Absolutely not a science due to the variations of behavior. 3. Cirilo Tradio – Tradio – It is a science for the causes of crimes are universally alike such as biological, physical, psychological, and economical. Criminology is not a science but has the hope of becoming a science Criminology is not a perfect science. MAJOR ALLIED SCIENCES OF CRIMINOLOGY

1. Sociology (Sociological Criminology)- The study of crime that is focused on a group a group of people and the society as a whole. 2. Psychology- (Psychological Criminology)- Deals with the study of behavior and mental processes of criminals. 3. Psychiatry (Psychiatric Criminology)- A science that deals with the study the study of criminal behavior in terms of motives and drives. 4. Anthropology (AnthropologicalCriminology) - Deals with the study the study of mankind, particularly, mankind, particularly, the culture and physical features of distinctive groups of people. 5. Physiology (Physiological Criminology)- Study of the function of various organs of the body , in relation to the behavior of a particular person. SCOPE OF CRIMINOLOGY

1. The making of laws – This This pertains to the examination of the nature and structure of laws in the society which could be analyzed scientifically and exhaustively to learn crime causation and eventually help fight them. 2. The breaking of laws – It It is concentrated in the scientific analysis of the causes of crimes. 3. The reaction towards the breaking of laws – This This involves the study of the reaction of people and government towards the breaking of laws. DIVISIONS OF CRIMINOLOGY

1. Criminal Etiology – The The scientific analysis of the causes of crimes 2. Sociology of Law – The The study of law and its application. 3. Penology or Correction – The The study that deals with the punishment and the treatment of criminals. 4. Criminalistics – The The study of criminal things. IMPORTANCE OF STUDYING CRIMINOLOGY

1. A source of Philosophy of life – life – The The knowledge derived from studying crime is a good foundation for an individual’s philosophy and life style. 2. A background for a profession and for social service 3. Criminals are legitimate objects of interest 4. Crime is a costly problem PURPOSES OF STUDYING CRIMINOLOGY

1. To prevent the crime problem 2. To understand crimes and criminals 3. To prepare for a career in law enforcement and scientific crime detection 4. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS

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5. To foster a higher concept of citizenry and leadership leadership together with an understanding of one moral and legal responsibilities to his fellowmen, his community and the nation. NATURE OF CRIMINOLOGY

1. An Applied Science - It is useful. 2. A Social science – In In as much as crime is a societal creation and it exists in a society, its study must be considered a part of social science. 3. Dynamic – The The progress of criminology is concordant with the advancement of other sciences that have been applied to it. 4. Nationalistic – The The study of crime must always be in relation with the existing criminal law with in the territory. OBJECTS OF INTEREST IN CRIMINOLOGY A. CRIME is an act committed or omitted in violation of law, commanding or forbidding it. An act that is injurious, detrimental or harmful to the norms of the society. It is generic term that refers to offense, felony and delinquency or misdemeanour.   

Offense – An An act or omission that is punishable by special laws (E.g. RA 9165). Felony – An An act or omission that is punishable by the Revised Penal Code (Act # 3815). Misdemeanor – Acts Acts that are in violation of simple rules and regulations.

Elements of Crime:

a. There must be an act or omission; b. The act or omission must be in violation of law; and c. The act is committed either by dolo (malice) or culpa (fault) Elements of Crime by Dolo:

a. Freedom a. Freedom - the ability to do whatever one wishes b. Intelligence b. Intelligence - the ability to know what is right and wrong c. Intent c. Intent - use of particular means to effect a particular result

Motive Motive – the the moving power that impels one to do an act. It is NOT an element of a crime. Elements of Crime by Culpa: a. Freedom b. Intelligence c. Negligence/Imprudence (Lack of Skill/ Foresight) CLASSIFICATION OF FELONIES: ACCORDING TO STAGES IN THE COMMISSION OF CRIME: 1. Attempted Stage – Stage – the offender performs overt acts to commit the crime as a consequence but did not perform the acts of execution because of some reasons other than hi s own spontaneous desistance. 2. Frustrated Stage – Stage – when the offender performs all acts of execution to produce the felony but the crime did not happen by reason of some causes independent of the will of the perpetrator. 3. Consummated Stage – Stage – all elements of crime are present. Manner of Committing Crime: a. Material Crime – Crime – T The 3 stages are present. b. Formal Crime – Crime – No No frustrated stage attempts – E.g. Flight to Enemy’s Country, Abuses against Chastity. c. Crimes committed by mere attempts – ACCORDING TO THE MODE OF EXECUTION (ART 6) Felonies – Committed by means of deceit. 1. Intentional Felonies – 2. Culpable Felonies – Felonies – Where the wrongful act result from imprudence (lack of foresight), negligence (lack of skill). ACCORDING TO GRAVITY (ART. 9) POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS

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Felonies – Those felonies which the law imposes capital penalty and those with afflictive penalties (Prision Mayor 1. Grave Felonies – – Death). Death). 2. Less Grave Felonies – day – 6 6 years). Felonies – those with correctional penalties (1month 1 day – Felonies – Those which the law imposes a penalty of Arresto Menor (1 day to 1month) and/ or a fine of P200.00. 3. Light Felonies – Mala in se vs. Mala prohibita  Crimes which are wrongful in nature are called mala in se;  Mere violations of rules of convenience designed to secure a more orderly regulation of the affairs of the society are mala prohibita. ANATOMY OF CRIME – CRIME – For any crime to happen, there are three elements or ingredients that must be present at the same time and same place. These are: Instrumentality – is the means or implement use in the commission of the crime. 1. Instrumentality – Opportunity – The time and place conducive for its commission. 2. Opportunity – 3. Resistance to Temptation – The The values of the offender to refrain from committing an act. CHARACTERISTICS OF CRIME a. It does not respect age, sex, culture, customs, race, and religion of the society. b. It is a worldwide phenomenon. c. It occurs in all existing economic strata. d. Its causes are multifarious. e. It is difficult to eradicate. CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. Acquisitive Crimes – is is one which when committed the offender acquires something as a consequence of his criminal act. 2. Extinctive Crimes – when when it results to destruction. 3. Seasonal Crimes – those those that are committed only at a certain period of the year. 4. Situational Crimes – those those that are committed only when given the situation conducive to its commission. 5. Episodic Crimes – crimes crimes that are committed by a series of acts in a lengthy space of time. 6. Instant Crimes – those those that are committed in the shortest possible time. 7. Static Crimes – crimes crimes that are committed only in one place. 8. Continuing Crimes – crimes crimes that are committed in several places.

ACCORDING TO MENTAL ATTITUDE

1. Rational Crimes – those those that are committed with intent. 2. Irrational Crimes – those those that are omitted by offenders who do not know the nature of their acts. 3. White Collar Crimes – those those that are committed by persons of responsibility and of upper socio economic class in the course of their occupational activities. 4. Blue Collar Crimes – crimes crimes committed by ordinary professionals to maintain their livelihood. 5. Upper World Crimes – those those committed by individuals belonging to the upper class of the society. 6. Under World Crimes – those those committed by lower or under privilege class of society. 7. Crimes by Imitation - crimes committed by merely duplicating those done by others. 8. Crimes by Passion – crimes crimes committed because of the fit of great emotion. 9. Service Crimes – crimes crimes committed by rendering service to satisfy the desire of another. OTHER CLASSIFICATIONS OF CRIMES

1. Traditional Crime- committed every now and then 2. Crimes Due to Social Change - poverty crimes ex. Prostitution 3. Emergency Crime- committed to take advantage of an abnormal situation ntended d victim vi ctim. 4. Victimless Crime- act committed by consenting persons in private, there is no i ntende 5. Index Crime- are crimes which are serious in nature and which occur with sufficient frequency and regularity such that ur derr , homi homi cide ci de,, they can serve as an index to the crime situation in the Philippines, we consider only the actual crimes of murde phy physica sicall injury inj ury (seri (seri ous and less less seri seri ous), robb robbery, the theft, ft, and rape rape. 6. Non- index Crime – Crimes Crimes against persons (parricide/infanticide, maltreatment, kidnapping); crimes against property (estafa and falsification, malicious mischief and damage to property); crimes against morals and order (prostitution, vagrancy, alarm and scandal, assault/resistance to authority, corruption of public official, gambling, slander and libel, threat POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS

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and coercion and trespassing), crimes against chastity (abduction, seduction, lascivious acts) and other crimes (illegal possession of firearms, explosives and ammunition, concealment of deadly weapons, smuggling, carnapping and prohibited drugs) Total Crime Volume = Index + Non-index Crimes. Average Monthly Crime Rate = [(Total Crime Volume/12 months) x 100,000 population]/population of region or country. Crime Solution Efficiency = (Crime Solved/Crime Volume) x 100%.

7. Cyber Crimes/ Computer Crimes – 

efers to any crime that involves a computer and a network, where the computers may or may Computer crime – crime – R R efers not have played an instrumental part in the commission of the crime (Moore 2000).  Net crime refers, more precisely, to criminal exploitation of the Internet. Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, child porn, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise. Spam – Or the unsolicited sending of bulk email for commercial purposes, is unlawful to varying degrees. As  Spam – applied to email, specific anti-spam laws are relatively new, however limits on unsolicited electronic communications have existed in some forms for some time. B. CRIMINAL is a person who committed a crime and has been convicted with final judgment by a competent court. A person who violated a social norm or one who committed an anti social act. CRIMINOLOGICAL CLASSIFICATION OF CRIMINALS: 1. Based on Etiology a. Acute Criminal – one one who violates a criminal law because of the impulse or fit of passion. b. Chronic Criminal – one one who commits crime in consonance with deliberate thinking. 2. Based on Behavioral System a. Ordinary Criminal – the the lowest form of criminal in a criminal career b. Organized Criminals – one one who associates with other criminals. c. Professional Criminal – one one with high degree of skill in committing crimes. 3. Based on Legal Classification a. Recidivist under Article 14 (9) – (9) – The The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the Revised Penal Code.

b.

(10) – The The offender has been previously punished for an offense which Repetition or reiteracion under Article 14 (10) – the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

c.

H abi abi tual tual deli delinque nquent nt under Article 62 (5) – (5) – The The offender within the period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, is found guilty of the any of said crimes a third time or oftener.

d.

Quasi-recidivist under Article 160 – 160 – Any Any person who shall commit a felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum period prescribed by law for the new felony.

4. Classification of Criminals by Lombroso/ Ferri:

a. b. c. d. e. f.

Born Criminals – Criminals – A Atavism describes one having shifty eyes, elongated jaws and no mustache. Criminal by Passion – individuals individuals who are easily influenced by great emotions. Insane Criminals – those those who commit crimes due to mental abnormalities or psychological disorder. one who commit crime due to less self control. Those suffering from defects that are psychological. Criminoloids – one E.g. Kleptomaniac. Occasional Criminal – one one who commit crimes due to insignificant reasons that pushed them to do at a given occasion. Pseudo Criminals – those those who kill in self-defense.

5. Types of Criminals by Garofalo:

a.

those who are satisfied from vengeance Murderers – those

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b. c. d.

Violent Criminals – those those who commit very serious crimes. Deficient Criminals – those those who commit crimes against property. Lascivious Criminals – those those who commit crimes against chastity.

C. VICTIM refers to an individual whose right/s are violated by another person. 

Victimology – A A branch of the study of criminology which deals with the study of an individual who somehow, one way or the other, has contributed to the commission of a crime or offense making himself a party in crime and at the same time a crime victim of his own volition



Restorative Justice System – System – A justice system that concerns on the victims of crimes; unlike the criminal justice system. Victimless Crimes – Crimes – Are crimes where there is no private offended party, the State is considered as the victim.



D. CRIMINAL BEHAVIOR - refers to the study of human conduct focused on the mental processes of the criminal, the way he behave or act including his activities and the causes and influences of his criminal behaviour. APPROACHES TO THE EXPLANATION OF CRIME 1. Subjective Approach. This approach derived mainly from the biological, has sought for the explanation of crime in the form of abnormalities of aberration that primarily exist within the criminal himself. a. Anthropological Approach – This This approach had tried to compare the physical characteristics of the individual offender to non-offenders.

b.

It explains the role of physical and mental conditions of the individual prior or after the Medical Approach – It commission of the criminal acts. It further explains that even if an individual commits an offense, proper medical examinations will show that the offender is mentally ill at the time of the commission of the offense.

c.

Biological Approach – It It explains inheritance as a cause of crime.

Martin Kallikak Family – Family – Studied Studied by Henry Goddard Margaret Jukes Family – Family – Studied Studied by Richard Dugdale d.

Physiological Approach – It It explains that, instinctively, it is the nature of a human being to acquire all the physical needs in order to satisfy all his wants. In short, every man possesses integrity and whenever we lose sight of a human as a whole we violate that integrity.

e.

Intelligence, emotion and education of the individual must be taken into consideration in Psychological Approach – Intelligence, relation to the wrongful act he has committed. Research showed that once the community and its members deprive the individual of his natural needs, crime will be committed as a result of such frustration.

f.

Psychiatric Approach – This This approach explains that the cause of behavioural difficulties is to be found in emotional tension originating in early life conflict with the family. Moreover, behavioural patterns will be established which will later become permanent and fixed and it is hard for any correctional institution to change this attitude if he is never caught of violation of law or ordinance.

g.

Psycho-analytical Approach – This This is based upon the Freudan theory which traces behaviour as a deviation to the repression of basic drives.

2. OBJECTIVE APPROACH. It is derived from the social science point of view that offenders are normal beings upon who have played the external criminogenic forces. It deals with the study of groups, social process and institutions as productive deviant behaviour.

a. b.

c.

d.

It considers climate as one of the factors that lead individuals to do a criminal act. Geographic Approach – It Ecological Approach – It It concerns itself with the biotic grouping of men thus, resulting from migration competition and division of labor. Migration is a conduct from one place to another which sometimes create conflict between the immigrant and the inhabitant of such place thus leading to social discrimination. Economic Approach – Financial Financial hardship is one of the primary causes of criminality, therefore, it is necessary for every human being to contemplate or consider with deep regret and compassion the strong temptation which has frequently prevailed for so many years from want of the necessities to support life. Sociological & Cultural Approach – It It is concerned with the influences on behaviour of group life, including rules and statutes, social classes and social mobility, subculture, cliques and social changes.

THEORIES OF CRIME CAUSATION POLARIS REVIEW CENTER – COMPILED FROM THE NOTES OF POLARIS LECTURERS

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1. DEMONOLOGICAL THEORY – It It maintains that criminal behaviour was believed to be the results of evil spirits and demons something of natural force and controls behaviour. 

I mplication lication for Cr i minals: Brutal corporal punishments designed to placate the gods, cleanse the community, and identify individuals as deviant.

2. CLASSICAL THEORY – It fr ee will to choose right from wrong. It asserts that human beings are endowed with absolute fre Human beings are fundamentally rational, and most human behaviour is the result of free will coupled with rational choice.     



Cause of Cr i me: Crime is the result of a rational decision based on a calculation of costs and benefits. I mplica li cation tion to Cr i mi nals: nals: Swift, certain, severe punishment within the framework of a rational legal system will deter criminal behaviour. Deterrence Theory: One objective of punishment is to send a message addressed to the public at large. General Deterrence - The idea of punishing the offenders will deter the rest of the society. Specific Deterrence – Deterrence – Offenders who feel the pain of punishment should be less likely to offend in the future. Proponents: Cesare Beccaria – Beccaria – Author of the essay On Crimes and Punishment. He formulated these principles: prevention of crime is more important than punishment for the crime committed. Jeremy Bentham (Utilitarian Hedonism) – Hedonism) – urged lawmakers to base crimes and punishments on the principle of gr eate test st good g ood for the gre gr eatest atest number number . utility — that that is, the grea

Arguments against the Classical Theory

a. Unfair b. Unjust c. The nature and definition of punishment is not individualized; d. It considers only the injury caused not the mental condition of the offender. This maintains that there are some situations or circumstances that maid it impossible to exercise 3. Neo-classical Theory – This freewill thus, humans are not always responsible for their actions (E.g. Children, Insane, Imbecile). 4. Positivist or Italian School – The The term Positivism refers to a method of analysis based on the collection of observable scientific facts. It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity. Crime is a social and moral phenomenon which cannot be treated and checked by the imposition of punishment but rather rehabilitation or the enforcement of individual measures.

This school argued that man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition. Cause of Crime: Criminal behavior is determined by biological, social, or psychological factors outside of a person’s control. Implication for Criminals: Advocate a medical model. Individualsare ―treated‖ ―treated‖ based on the set of factrs that caused them to engaged in crime. Enrico Ferri – Ferri – He considered social factors such as population trends, religion, and the nature of the family. He ppublished a book ―The ―The Theory of Imputability and the Denial of Freewill‖ Freewill ‖ in 1878. Rafaelle Garofalo – The The concept of natural crime, which he argued was the principal concern of criminologists. According to Garofalo, natural or true crime is conduct that, when evaluated against the average moral sense of the community, offends the basic altruistic (unselfish) sense of humankind. The true criminal is one who lacks the basic altruistic sentiments of pity and honesty.

Personality is composed of three elements which include ID, EGO and SUPER EGO. 5. Psychoanalytical Theory – Personality Introduced by Sigm Si gmund und F reud reud . o

o

o

ID – is is the only component of personality that is present from birth. This aspect of personality is entirely unconscious and includes the instinctive and primitive behaviour. is the component of personality that is responsible for dealing with reality. The ego develops from EGO – is the id and ensures that the impulses of the id can be express in a manner that is acceptable in the real world. SUPEREGO – the the aspect of personality that holds all the internalized moral standards and ideals that is acquired from both parents and society. It provides guidelines for making judgement.

Criminal behavior is a form of neurosis, that criminality may result from an overactive conscience. it maintains the belief that inheritance is the primary determinant of behaviour and the physique 6. Somatotyping Theory – it is a reliable indicator of personality. It was introduced by William Sheldon. Classification of Body Physique by Sheldon and

Ernest Kretschmer

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Kretschmer William Sheldon

1. Endomorph 2. Mesomorph 3. Ectomorph

1. Pyknic 2. Athletic 3. Asthenic

9. Neutralization Theory – It It maintains that an individual will obey or disobey societal rules depending upon his or her sham Sykes. ability to rationalize whether he is protected from hurt or destruction. By G r esham 10. Labeling Theory – Theory – It asserts that the original cause of crime cannot be known, no behavior is intrinsically criminal. Behavior becomes criminal only if it is labelled as such. 11. Social Disorganization Theory (neighborhoods) - is based on the work of H enry M cKay and and Cli fford R. R . Sha S haw w of the Chicago School. Social disorganization theory postulates that neighborhoods plagued with poverty and economic deprivation tend to experience high rates of population turnover. These neighborhoods also tend to have high population heterogeneity. With high turnover, informal social structure often fails to develop, which in turn makes it difficult to maintain social order in a community. 12. Social Ecology Theory – Theory – it maintains that crime rates are associated with poverty, disorder, high numbers of abandoned buildings, and other signs of community deterioration. As working and middle class people leave deteriorating Wi lliam J ulius Wilson suggested a poverty neighborhoods, the most disadvantaged portions of the population may remain. William "concentration effect", which may cause neighborhoods to be isolated from the mainstream of society and become prone to violence. 13. Strain theory (social class) - also known as Mertonian Anomie, advanced by American sociologist Robert Merton, suggests that mainstream culture, especially in the United States, is saturated with dreams of opportunity, freedom and prosperity; as Merton put it, the American the American Dream. Dream. Most people buy into this dream and it becomes a powerful cultural and psychological motivation.

Durk heii m. It maintained that normlessness creates criminal behavior. 14. Anomie Theory - it was introduced by E mile Durkhe 15. Rational Choice Theory - is based on the utilitarian, classical school philosophies of Cesare Beccaria, Beccaria , which were popularized by Jeremy Bentham. They argued that punishment, if certain, swift, and pr oportionate to the crime, was a deterrent for crime, with risks outweighing possible benefits to the offender.

lson and L awrence rence Cohen Cohen, draws upon control theories and 16. Routine Activity Theory - developed by Marcus F elson explains crime in terms of crime opportunities that occur in everyday life. A crime opportunity requires that elements converge in time and place including (1) a motivated offender (2) suitable target or victim (3) lack of a capable guardian. OTHER THEORIES IN CRIMINOLOGY

1. Cultural Deviance Theory- a theory that views crime as a result of man’s cultural values that permit or allow crime to happen or even demand behaviors that will violate the laws. 2. Cultural Transmission Theory- a theory which states that the cause of crime is the handling down of delinquency behavior as a socially learned behavior, transmitted from one generation to the next, especiall y among depressed and disorganized urban areas. 3. Culture Conflict Theory- states that different groups have different conduct norms and the conduct norms of one group may be in conflict with those of another, causing individual to commit crimes by conforming to the norms of their own groups which is in conflict with another. 4. Conflict Theory- states that people band together as a group because they are social animals with needs that are best served through collective action. It states further that people constantly clash as they try to advance the interest of their particular group over those of the others. Charles Darw D arwii n, this theory claimed that humans, like other animals are 5. Theory of Human Evolution- Advocated by Charles parasite. Man is an organism having an animalistic behavior that i s dependent on other animals for survival.























4. Inheritance – The The transmission of physical characteristics, mental traits, tendency to disease, etc., from parents to off springs. 5. Kleptomania – An An uncontrollable morbid propensity to steal. 6. Megalomania – A A mental disorder in which the subject thinks himself great or exalted. 7. Melancholia – A A mental disorder characterized by excessive brooding and depression of spirits. (Delusions and Hallucinations) 8. Necrophilism – Morbid Morbid craving, usually of an erotic nature for dead bodies. 9. Anthropometry – An An identification system based on physical measurement. 10. Anthropology – It It is the science devoted to the study of mankind and its development in relation to its physical, mental and cultural history. 11. Autophobia – It – It is a morbid fear of one’s self, or of being alone. 12. Biometry – Measuring Measuring or calculating of the probable duration of human life. 13. Logomacy – A A statement that we would have no crime if we had no criminal law, and that we could eliminate all crime merely by abolishing all criminal laws. 14. Feebleminded – Lacking Lacking the normal mental powers; mentally deficient 15. Phrenology – The The study of the shape and protuberance of the skull based on the now discredited belief that they reveal character and mental capacity 16. Physiognomy – Is Is the assessment of a persons character or personality from their outer appearance especially the face. 17. Cranialogy 18. Victim - a victim of a crime is an identifiable person who has been harmed individually and directly by the perpetrator, rather than merely the society as a whole. 19. Victim impact panel - is a form of community-based or restorative justice in which the crime victims (or relatives and friends of deceased crime victims) meet with the defendant after conviction to tell the convict about how the criminal activity affected them, in the hope of rehabilitation or deterrence. 20. Sociology of law - refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study which examines the interaction of law with other aspects of society, such as the effect of legal institutions, doctrines, and practices on other social phenomena and vice versa. 21. Crime science - is the study of crime in order to find ways to prevent it. Three features distinguish crime science from criminology: it is single-minded about cutting crime, rather than studying it for its own sake; accordingly it focuses on crime rather than criminals; and it is multidisciplinary, notably recruiting scientific methodology rather than relying on social theory. 22. Fear of crime - refers to the fear of being a victim of crime as opposed to the actual probability of being a victim of crime OTHER PERSONALITIES AND THEIR CONTRIBUTIONS 1. Charles Buckman Goring – He – He made the most influential attack on Lombroso’s work about biologica l criminal type by conducting a study on the facial and other measurements of criminals and non-criminals. The study he has conducted is referred to as Craniology, the study of the external formation of the skull, in relation to behavior. He found out that criminals are physically inferior to normal individuals in the sense that they tend to be shorter and have less weight than non-criminals. 2. Adolphe Quetelet- He was a Belgian Statistician who pioneered Cartography.

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM Concept of Criminal Justice System Criminal Justice System























Justice – the the ordering of human relations in accordance with the general principles of laws impartially applied. Justice, according to the SC of the Philippines, is symbolically represented by a blindfolded woman, holding with one hand a sword and with the other a balance. This personification simply means that justice is administered without respect to persons, equally to the poor and the rich. System – A A process, method, scheme, arrangement or structure. CJS is a system in the sense that it processes individuals who have violated laws from the police pillar, prosecution, court, correction and community for the sole purpose of achieving justice. Criminal Justice System structure in the Phili ppines

1. Law Enforcement 2. Prosecution 3. Courts 4. Corrections 5. Mobilized Community Goals of the Criminal Justice System

1. Primary Goals  To protect the members of the society; and  To maintain peace and order. 2. Important Sub goals  Crime prevention  Suppression of criminal activities by apprehending the violators To process those who have been properly accused or charged so as to achieve Purpose of the Criminal Justice System – To justice. The system-like processes in the Philippine criminal cri minal justice system

1. The police are responsible for gathering evidence and arresting the suspected law violators. 2. The prosecutor is responsible for evaluating the evidence gathered and decides whether it is sufficient to warrant the filing of charge/s against the violators. 3. The defense lawyer whether privately acquired or provided by the government is responsible for defending the accused or defendant. 4. The judge during trial serves as an arbitrator in the court and ensures that the defense and prosecution adhere to the legal requirements of introducing evidence and examining/ cross examining the statement/s of the witnesses 5. The judge at the end of the trial renders the decision over the case. 6. The probation officer conducts pre-sentence investigation that will serve as additional basis of the judge in the determination of sentence; and supervise convicted defendants placed on probation. 7. The defendant if convicted and sentenced, the prison receives and keeps them until the parole boards grants them parole or if they have completed their sentence. 8. Finally, the parole and probation administration assists the release of the prisoners in their return to the community. An overview of the 5 Pillars of CJS in the Philippine Setting: 1. LAW ENFORCEMENT – ENFORCEMENT – The first pillar which is known as prime movers of the CJS. 2. PROSECUTION PILLAR – PILLAR – The second pillar takes care of the investigation of the complaint. In rural areas, the PNP may file the complaint with the inferior courts (i.e. the MTC or MeTC or MCTC). The judges of this inferior courts act as quasi prosecutors only for the purpose of the preliminary investigation.























The constitutional presumption of innocence of any person accused of a crime unless prove otherwise. This means that the courts must determine the guilt of the accused – accused – beyond beyond reasonable doubt – doubt – based based on the strength of t he evidence of the prosecution. If there is a reasonable doubt that the accused committed the crime, he has to be acquitted. T he Rules of Court, however, provides that the accused can be convicted of a lesser crime than the crime he has been charged within the information. But the elements of the lesser offense charged, and such lesser crime was proven by competent evidence. 4. CORRECTIONS PILLAR – PILLAR – The fourth pillar takes over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation or he could be turned over to a non-institutional or institutional agency or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has served the mi nimum period of his sentenced

When the penalty is imprisonment, the sentenced is carried out either in the municipal, provincial or national penitentiary depending on the length of the sentenced meted out. 5. COMMUNITY PILLAR – PILLAR – The fifth pillar has a two-fold role.

First, it has the responsibility to participate in law enforcement activities by being partners of the peace officers in reporting the crime incident, and helping in the arrest o f the offender. Second, it has the responsibility to participate i n the promotion of peace and order through crime prevention or deterrence and in the rehabilitati on of convicts and their reintegration to society. Rehabilitation takes place when the convict is serving his sentence. A convict may be paroled or may even be placed on probation. Under the concept of a participative criminal justice system in the Philippines, public and private agencies as well as citizens, become involved with the issues and activities related to crime prevention. Thus, citizen-based crime prevention groups become part of the CJS within the framework of their involvement in crime prevention activities and in the reintegration of the convict who shall be released from the corrections pillar into the mainstream of society. The First Pillar - THE LAW ENFORCEMENT PILLAR

L aw E nforce nfor ceme ment nt may refer to the policing body of the society or the police force created by the government. The process of implementing the laws enacted by the legislative body of the national and local government for the purpose for protecting life, rights and properties of the people while maintaining the peace and order of the society. Law enforcement, as an activity, is therefore synonymous to police operations.

Historical Background PRE-SPANISH REGIME – REGIME – The police under the Philippine setting, evolved from the practice of different tribes to select able-bodied young men to protect their villages, not from the assault of criminals but from the depredation of wild animals that prey on their crops and livestock during night. These young men, who walk around to protect their village during the night, need not to work in the field during the day. The village council has agreed that they were given equal share of the harvest for their family. The Baranganic Society: V illage Chi ef – Administrative Administrative leader of the community. Although his position has become hereditary, it was originally intended by an exhibition of a greater prowess and valor. Since the original basis for leadership was his superior personal attributes, he could be replaced if for some reason his positioned weakened.

assists the chief with work involving the welfare of the community. Laws: Unwritten; Written – Code Code of F r eeme eemen n – assists Kalantiaw (1433) & Maragtas code (1257) SPANISH REGIME – REGIME – Police service during the Spanish regime to the 19th century was looked upon the Spanish government as part of the military system of the defense colony. So the locally organized police forces, although performing civil duties and seemingly created for the sole purpose of maintaining peace, were in fact adjuncts of the colonial military establishment.























THE AMERICAN OCCUPATION – OCCUPATION – The American occupation of the Philippines that came after the Filipino-American war from 1898 - 1901 was followed by a period of political ferment and social equilibrium. On November 30, 1900, the Philippine Commission recommended to the secretary of war the organization of the Insular Police Force. Soon after the establishment of the civil government in 1901, Gen. Howard Taft became Taft became the first civil governor of the Philippines. 1. Manila Police Department – was was organized by virtue of Act no. 183 of the Philippine Commission on July 31, 1901. Capt. Capt. Ge G eor ge Curry Cur ry – First First Chief of Police

2. Insular Constabulary – Created – Created under Act no.175 of the Philippine Commission on August 01, 1901. “ An act known as providing for the organization and government of an Insular Constabulary. It became the first Insular Police of the Philippines. It was manned mostly by Filipinos. Capt. First Chief of the Philippine Constabulary. Capt. H enry T . A llen llen – First 3. The Philippine Constabulary (PC) – Insular Constabulary became the “Philippine Constabulary” by section 1, Act n o. 225 on October 3, 1901. Under the technicality of the law, the PC is the national police institution for preserving peace and for enforcing the law. The PC becomes one of the four major services of the AFP pursuant to E.O. 389 dated December 23, 1940. THE JAPANESE OCCUPATION – OCCUPATION – The Japans military police known as the “Kempetai” were held responsible in maintaining peace and order in manila. The Manila police was renamed Metropolitan Constabulary under the bureau of constabulary. THE RETURN OF THE AMERICANS – AMERICANS – The Philippine executive commission on February 7, 1945, Gen Mac Arthur returned to the Philippines. The Manila police was again placed under the American control. On July 04, 1946, Philippine Independence was declared. The Civil Service Law – Law – The civil service law governed the appointment and promotion of the police, thus, the Chief of Police and any of his subordinates in the matter of their appointment and retention in the police service were under the pressure of the mayors, regardless of their qualifications so long as they can read or write. But most of the appointees are the bata-bata or political follower of the mayor. All members of the municipality/ city police force were then employees of the respective local government units. Thus, the national government had no share at all in the control and connection with the mayor could be appointed in the police service without due regard of his educational qualification and eligibility. National Police Commission (NAPOLCOM) – (NAPOLCOM) – Republic Act no. 4864, otherwise known as the Police Act of 1966, dated September 08, 1966, created under the office of the President. Originally, the NAPOLCOM was created as the supervisory agency to oversee the training and professionalization of the local police forces.

Under this act, the city/ municipal police forces and its personnel were under the administrative and operational control and supervision of the office of the president through the office of the NAPOLCOM. Their individual salaries were partly subsidized by the national government while the first half was paid for by the local government units. Executive Order No. 1040 – 1040 – T Transferred the administrative control and supervision of the Integrated National Police (INP) from the Ministry of National Defense (MND) to the office of the National Police Commission. The order superseded Executive Order no. 1012, which transferred to the city and municipal governments, the operational supervision and direction over all PNP units. Martial Law Regime and Presidential Decree no. 765 – 765 – During the martial law, the PC/ INP contradicts the principle of the police as civilian in character and national scope because the PC is a major branch of the AFP. P.D. 765 was established in August 8, 1975, which put the National Police Commission under the office of the Ministry of National Defense.

An act establishing the PNP under the reorganized department of the interior and local government Republic Act no. 6975 – An and four other purposes. December 13, 1990 – 1990 – date date of approval. PPSC – PPSC – the the premier educational institution for training human resources development and continuing education of all personnel of the PNP, BFP, and BJMP. 1987 Phil.

























TERMS TO PONDER: 

Arrest – the the legal taking of a person into custody in order that he may be bound to answer for the commission of an offense (Sec. 1, Rule 113, RRC).

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Arrest Warrant – An An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense.

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Miranda Doctrine – rule rule or principle in criminal jurisprudence that requires mandatory pre-interrogation warnings concerning self-incrimination and the right to legal counsel of the suspect. Miranda doctrine mandates that prior to any questioning, the police must make known to the suspect that: He has the right to remain silent ; that anything he says can and will be used against him in the court of laws; He has the right to hire and consult with an attorney, attorney , and to have his counsel present during questioning; if he cannot afford to hire a counsel, one will be appointed to represent him before any questioning, if he wishes one; and He cannot waive these MIRANDA rights except in writing and in the presence of a counsel.

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Standard methods of crime scene search: o Strip search Grid search – search – double double strip search o Spiral search – search – Circular Circular mated o o Wheel method Zone or quadrant search o Search – an – an examination of an individual’s person, house papers, or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecutions of a criminal action Search and Seizure – the the legal act of searching for a personal property and taking custody of such property for the purpose of bringing it to court. Search

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an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to Warrant – an a police officer, commanding him to search for personal property described therein and to bring it before the court.

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Deposition – the the legal term of statement of suspects, victims, or witnesses regarding a criminal incident stating the facts of the crime, which was put in writing.

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Sworn statement – a a deposition given by a suspect or hostile witnesses who is under investigation of a crime that is put in writing and is usually in the form o f question and answer.

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Affidavit – the the statement of the offended party or the witnesses regarding the crime under investigation that specifies the facts of case as perceived by the victim or witness and is notarized by a private counsel or the prosecutor

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Public Relations – the the act of bringing about the better understanding, confidence and acceptance of individual or an organization























c. Office of the Ombudsman d. Office of the Regional State Prosecutor e. Office of the Provincial, City, and Municipal Prosecutors f. PAO 2. Private and NGO’s a. Integrated Bar of the Philippines (IBP) b. Citizens Legal Assistance Office (CLAO) c. Free Legal Assistance Group (FLAG) d. Other legal aid lawyer associations Functions of the Prosecution Agencies

1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual persons 2. File corresponding criminal complaints of information i n the proper courts on the basis of their evaluation on the proofs at hand; and 3. Prosecute all alleged offenders in court, in the name of the People of the Philippines. Prosecutor – A A public officer having authority to conduct legal actions concerning the complaint filed at his office and perform other prosecution functions (legal pr oceeding against person) as provided by law. The prosecutor is not just an ordinary official of the government; he is an officer of the court whose criminal responsibility under the law is to carry out the administration of CJS thru an adequate examination of the offense charged and to decide whether or not to prosecute a person without sacrificing fairness and justice. The prosecutor has dual function/ duty:

1. As a prosecutor per se: Basically, the prosecutor represents the government position in criminal case during court proceedings from the time of the suspect’s arrest until the adj udication of his case. 2. As the chief Law Enforcement officer: The prosecutor has the inherent responsibility to supervise all criminal cases under investigation by the local police force as well as non-prosecution police oriented activities. The Prosecution Process: 1. Filing of Complaint. Complaint – Complaint – a a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. (Sec. 3, Rule 110, RRC) 2. Preliminary Investigation – Investigation – An inquiry or proceedings for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the suspect/respondent is probably guilty guilty thereof, and should be held for trial. (Sec. 1, Rule 112, RRC)

an informal summary investigation conducted by a public prosecutor in criminal cases involving persons arrested Inquest – an and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not the person should remain under the custody and correspondingly be charge in court.























Detention – The – The act of restraining one’s liberty. Detention maybe applied to:

Accused persons who cannot post bail while their case is under trial or investigation. Accused persons who are waiting for the court’s decision of their case; and Minors and insane people who need police custody for security or protection purposes. Complaint distinguished from information: A. Complaint – a a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. Who may file a complaint?

1. The offended party; 2. any peace officer; 3. any public officer charged with the enforcement of the law violated. Where to file a complaint? To the prosecutor’s prosecutor’s office; or Information – is is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed before the court. Who may file information? The prosecutor Where to file information? To the court Sufficiency of a complaint or information: A complaint or information is sufficient if: 1. states the name of the accused; 2. designates the offense by the statute; 3. states the acts or omissions complained of that constitutes the offense; 4. states the name of the offended party; 5. states the approximate time and place of the commission of the offense; and 6. when an offense is committed by more than one offense, all of them shall be included in the complaint or information. NOTES:  A criminal action is instituted by filing the complaint to the appropriate officer (prosecutor) for the conduct of preliminary investigation.  Filing the complaint or information to the court commences a criminal action/ case.  The filing of the complaint interrupts the prescriptive period of the case. The 3rd Pillar - The COURTS Court – a a body to which the public administration of justice is delegated. It is a tribunal officially assembled under authority of law at the appropriate time and place for the administration of justice thru which the government enforces its sovereign rights and powers. The court is an entity or body in which a portion of judicial power is vested.























Preliminary Investigation – is is an inquiry or proceeding for the purpose of determining whether there is a sufficient ground to engender a well-founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof and should be held for tr ial (Sec 1, Rule 112, RRC). Basic Court System in the Philippines

Here in the Philippines the regular courts engaged in the administration of justice are organized into four (4) levels or tiers. At the highest level in the Supreme Court and below it are the three levels composing the lower courts. They are collectively known as the judiciary. As thus organized, they comprise what is referred to as Integrated Judicial System. is the power and authority of a court to hear, try, and decide a case. Jurisdictions of the court are general, Jurisdiction – is limited, original, appellate, exclusive, concurrent, criminal and civil. Venue – refers refers to the place where a case should be heard, tried and decided. Types of Court Jurisdiction:

1. General Jurisdiction – Jurisdiction – when when the court is empowered to decide all disputes that may come before it except those assigned to other courts. 2. Limited 2. Limited Jurisdiction – Jurisdiction – when when the court has authority to hear and determine only specified cases. 3. Original jurisdiction – jurisdiction – when when it can try and decide a case presented for the first time. 4. Appellate 4. Appellate jurisdiction – jurisdiction – when when it can try a case already hear and decided at the lower court removed from the latter by appeal. 5. Exclusive 5. Exclusive jurisdiction – jurisdiction – when when it can try and decide a case that cannot be presented to any other court. 6. Concurrent jurisdiction – jurisdiction – when when any two or more courts may take cognizance of a case. 7. Criminal jurisdiction – jurisdiction – jurisdiction jurisdiction to try a case where there is punishment or penalty provided by the law. 8. Civil jurisdiction – jurisdiction – the the jurisdiction that exists when the subject matter is not of criminal nature. 9. Territorial jurisdiction – jurisdiction – the the jurisdiction that exist basing on the place of commission of the offense. Decision – is is the judgment rendered by a court of justice or other competent tribunal after presentation of the respective positions of the parties in ordinary or cri minal cases or upon a stipulation of facts upon which the disposition of the cased is based. Maximum periods for rendering of decisions: By constitutional mandate, the various courts must decide or resolve a case or matter thereto within the following periods from the date of submission. 1. For the Supreme Court (SC) – (SC) – within within 24 months 2. For the Court of Appeal (CA) and other collegiate appellate courts – within within 12 months unless reduced by the SC. 3. For the lower courts (Inferior Courts) – Courts) – within within 3 months unless reduced by the SC Arraignment – is is the stage in court proceedings wherein the clerk of court will read the nature of the charge/s against the accused/ defendant in the language or dialect that he/ she can understand then he/ she is required to enter a plea of guilty or not guilty.























TRIAL – is is a judicial examination and determination of the issues in an action or proceeding, civil or criminal. In criminal procedure, trial means all the proceedings in open court after the pleadings are finished and the prosecution is otherwise ready, done to and including the verdict. Judgment – the the adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. Promulgation of Judgment – is is the process of reading the judgment in the presence of the accused and the judge of the court in which it was rendered.

is a re-examination of the issue in the same court and party litigants, whereby errors of law or irregularities are New trial – is expunged from the record, or new evidenced is introduced, or both steps are taken, upon motion of the accused, or at the instance of the court with the consent of the accused. Motion for reconsideration – It It contemplates no new hearing or proceeding of any kind or change in judgment is accomplished on the basis of what is already in the record. APEAL – a a request that a case be removed from the lower court to the higher court for the purpose of conducting judicial review. 4th Pillar - CORRECTION Correction – Correction – is one branch of criminal justice concerned with the custody, supervision, and rehabilitation of convicted offenders.

is the study and practice of systematic management of jails, prison, and other institutions Correction administration – is concerned with the custody, treatment, and rehabilitation of persons who have been convicted of crimes or who have been adjudicated (judged) as persons with delinquent behaviors. Penology – Penology – It came from the Latin word POENA, which means pain and suffering. It refers to the study of the punishment of crimes or of criminal offenders. Penal Management – the the manner or practice of managing or controlling places of punishment. Penitentiary – Penitentiary – Derived from Latin word “penitentia” meaning penitence, and was coined by an English prison reformer John Howard. It is a place of long term confinement, especially t he one operated by the state or government as a place of confinement and correction of those convicted of serious crimes. Prison – Prison – It is synonymous with penitentiary, a classical place of torture and extreme hardship (Traditional definition). It is an institution for the incarceration or compulsory confinement of persons convicted of major/ serious crimes. Jail – is is a place for locking-up persons who are convicted of minor offenses or felonies. It refers to a local or temporary place for confinement of criminal offenders, as distinguished from prison.

























Ordeal – the the church substitute for a trial until the 13th century, wherein guilt or innocence was determined by the ability of the accused to unharmed through dangerous and painful test.

Charlemagne – In In Latin he was Carolus Magnus (Charles the Great), king of the Franks (768-814) and emperor of the Romans (800-814). During his reign, he built a kingdom that included almost western and central Europe. He gave bishops the power to act as real judges that enabled bishop tribunal to rule on secular matters. Early 12th Century in England Compensation (recompense or payment) by the outlaws became a practice of the ruling society. Payments given by the law violators were the source of revenue for the English Kings.

a lash of 9-knotted thongs of rawhide attached to a solid handle, used in Mid-12th Century in England Cat-o-nine-tails – a flogging/ whipping, which was the most popular method of corporal punishment in the 18th century.

Public Publi c E xhi bi tion or pub publilicc humi humi liat li atii on – it it became a serious penalty. This was common when the people became more aware of the value of man’s dignity and integrity.

Detention facilities came into existence such as cellars, gatehouses and towers. These places were not however purposely or intentionally made foe imprisonment but only for detaining delinquent persons. 13th Century Securing Sanctuary – During During the 13th century, a criminal could avoid punishment by claiming to a foreign place. A criminal was compelled to leave his community by following a road or path assigned to him. 1468 in England – Torture Torture became a favored form of punishment. 16th Century

Tr ansp ansporta ortation tion of of Cr C r i mi nals nals – In In England, this practice was authorized at the end of the 16th century followed by Russia and other European countries. This system partially relieved overcrowding of prisons. Transportation system was abandoned in 1875.























Destierro – the the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near or enter the 25 km-perimeters. Fine Civic Duties Parole – this this is a conditional release after the prisoner has served the minimum of his sentenced in prison for the purpose of gradually re-introducing him to free life under the guidance and supervision of a parole officer. Probation – A A disposition whereby a defendant, after conviction of an offense the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the court and under the supervision of a probation officer. Justification of Punishment: Retribution – Criminals should be punished because they deserved it. The punishment should be provided by the state 1. Retribution – whose law was violated. 2. Expiation or Atonement – Punishment Punishment that is given to the offender must be in the form of group vengeance. The purpose of this is to appease the offended public or group. Punishment, therefore, is an amendment of wrongdoing. Exemplary – Punishment gives lessons not only to the offender but it will show to other people what 3. Deterrence or Exemplary – would happen to them if they break the law. Protection – Punishment maybe effected by placing offenders in prison. The society is protected from further depredations 4. Protection – of criminals if they are all imprisoned immediately after committing a crime. 5. Reformation – The – The society’s interest can be better served by helping the prisoner become a law abiding citizen and productive upon his return to the community by requiring hi m to undergo an intensive program or rehabilitation in prison. Duration of Penalties:

clusi on Pe P er petua petua – Imprisonment 1. R eclusion Imprisonment of 20 years and 1 day to a maximum of 30 years 2. R eclusio clusion n Tem Temporal – Imprisonment of 12 years and 1 day to 20 years 4. Pr isio isi on Ma M ayor yor – Imprisonment 6 years and 1 day to 12 years 5. Pr isio isi on Correct Correctional ional – Imprisonment of 6 months and 1 day to 6 years 6. Suspension – 7. Destierro – within a radius of 25 km to 250km. 8. Arresto Mayor – Imprisonment of 1 month and 1 day to 6 months























C amp amp Sam Sampa pagg uita ui ta – institutions institutions found in it are the: Reception and diagnostic center (RDC) Medium Security Unit, and Youth Rehabilitation Center. Penal Colonies/ Territories:

1. San Ramon Prison and Penal Farm – an an institution for the confinement of political prisoners that is located in Zamboanga. This prison was named after its founder, Capt. Ramon Blanco of the Spanish Royal Army 2. Iwahig Penal Colony – established established to serve an institution for incorrigibles. Founded by Governor Forbes. IPC is now regarded as the best open penal institution. The IPC administers the Tagumpay Settlement, which covers 1,000 hectares. 3. Davao Penal Colony – located located in Central Davao. It was established on January 21, 1932 in accordance with act 2732 and proclamation no. 414 series of 1941. The first contingent or pri soners that opened the colony was led by Gen. Paulino Santos (founder). 4. Correctional Institution for Women – located located in Mandaluyong. It was established in an 18-hectare piece of land by virtue of act # 3579 approved on November 27, 1929. It is the only penal institution for women in the Philippines. 5. Sablayan Penal Colony and Farm – located located in Occidental Mindoro. It was established on September 27, 1954 by virtue of proclamation # 72 on a 16,000-hectare of their virgin land in Sablayan. The Philippine Jail System Provincial Jails – Jails – Supervised and controlled by the provincial government with its jurisdiction. These are administered by the BOC. City or Municipal Jail – Jail – These are institutions that are administered by the Bureau of Jail Management and Penology (BJMP). . Types of Jails: 1. Lock-up – a a security facility, common in police stations or precincts in urban areas, which is used temporarily, detaining those persons being held for investigation or waiting preliminary hearing of their criminal cases. 2. Ordinary jail – the the type of jail commonly found in every municipality or city. It is a place that houses the offenders























2. Maximum Security Prisoners – Prisoners – Those whose minimum sentence is more than twenty (20) years or more 3. Medium Security Prisoners – Prisoners – These prisoners include: (a) Those whose minimum sentence is less than 20 years ; (b) Those prisoners with 2 or more records of escape and at least 8 years of service, and with 1 year of minimum service and 5 years of maximum service. 4. Minimum Security Prisoners – Prisoners – They occupy Camp Bukang Liwayway and they wear brown uniforms. They include the following: Invalid offenders – offenders – those those with physical disabilities Prisoners/ offenders over 65 years of age 5th Pillar COMMUNITY PILLAR

The Community refers to the civilian populace in , municipalities or public in general, and can be use interchangeably with public, citizenry, society, or private sector. What makes the Community as a Pillar?

1. Family – Refers Refers to the basic social group united through bonds of kinship or marriage, present in all societies. It is the primary institution that molds a child t o become a law abiding person or a delinquent. 2. School – The The second integral stage of the behavioral/social development process is the school. It is said that the school is an extension of the home having the strategic position to control crime and delinquency. It exercises authority over every child that enters its jurisdiction. The teachers are considered second parents having the responsibility to mold the child to become productive members of the community by devoting energies to study the child’s behavior using all available scientific means and devices in an attempt to provide each the kind and amount of education they need. 3. Church – The The church is the institution that provides a place for public worship and the services needed to enhance the spiritual and moral character of an individual. The church influences people’s behavior with the emph asis on morals and life’s highest spiritual values, the worth and dignity of the individual, and respect for people’s lives and properties. The church generates a strong will of the people to oppose crime and delinquency. 4. Mass Media – It It is the best institution for information dissemination thereby giving an opportunity to the public to know the necessary facts of life that help them shape their daily views about crime and its control.























The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except: a. Where one party is the government, or any subdivision or instrumentality thereof; b. Where one party is a public officer or employee, and the dispute relates to t he performance of his official functions; c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00); d. Offenses where there is no private offended party; e. Where the dispute involves real properties located in different citi es or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; f. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; g. Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice. The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial motu propio refer t he case to the lupon concerned for amicable settlement. Procedure for Amicable Settlement: may i nitiate ni tiate pr pr oce oceeding - Any individual who has a cause of action against another individual involving any matter a. Who may within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.

Mediation ion by lupo lupon cha chair man - Upon receipt of the complaint, the lupon chairman shall within the next working day b. Mediat summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forth with set a date for the constitution of the pangkat in accordance with the provisions of thi s Chapter. Suspension nsion of pres prescript criptive ive peri od of offe offense nsess - While the dispute is under mediation, conciliation, or arbitration, the c. Suspe prescriptive periods for offenses and cause of action under existing laws shall be interr upted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat

























Execution. - The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months from the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the ten-day period repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman.

JUVENILE DELINQUENCY AND CRIME PREVENTION Juvenile Delinquency - It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of the society. It involves oftentimes misdemeanors, but may include also offenses and felonies. Under RA 9344, juvenile delinquent are now called child-in-conflict child-in- conflict with the law. The use of the word ―juvenile‖ ―juvenile ‖ or other similar terms against the child would amount to a crime of labeling or shaming.

























5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made between adult and juvenile offenders in England at this time are most significant. Under common law, children under the age of seven were presumed incapable of forming criminal intent and therefore were not subject to criminal sanctions. Children between seven and fourteen were not subject to criminal sanctions unless it could be demonstrated that they had formed criminal intent, understood the consequences of their actions, and could distinguish right from.

























wrong (Blackstone 1803, 22-24). Children over fourteen were treated much the same as adults. 6. Chancery or equity courts – Created Created by the king of England, under the guidance of King’s chancellor. Chancery courts were created to consider petitions of those who needed special aid or intervention, such as woman and children who needed protection and aid because of divorce, the death of a spouse, or abandonment, and to grant relief to such persons. Through the chancery courts, the king exercise the right of parens patria (parents of the country) by enabling these courts to act in loco parentis (in the place of parents) to provide necessary services for the benefit of women and children. In other words, the king, as ruler of his country, was to assume responsibility for all those under his rule, to provide parental care for children who had no parents, and to assist women who required aid for any of the reasons mentioned above.

A.D) – Old Old English law provided penalties for children. Any thief over 12 years old 7. Law of King Aethelstan (924-939 A.D) – received a punishment of death if he stole more than 12 pence, (later the amount was reduced to 8 pence). However, with the passage of time the law was eased for children, and no one under sis teen years could be put to death unless he resisted or run away. 8. Statute of Artificers (1562) – Stated Stated that children of paupers could be involuntarily separated from their parents and apprenticed to others.

Provided for involuntary separation of children from their impoverished parents, and these 9. Poor Law Act of 1601 – Provided children were then placed in bondage to local residents as apprentices. Statute of Artificers and Poor Law Act of 1601 were

























means for legitimate success. They argue that the types of criminal subcultures depend on the area in which they develop. Ohlin and Cloward stated that the varying form of delinquent subcultures depended upon the degree of integration that was present in the community. Three types of delinquent gangs by Cloward and Ohlin a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional values of behavior are integrated by a close connection of illegitimate and legitimate businesses. This type of gang is stable than the ones to follow. Ol der criminals serve as role models and they teach necessary criminal skills to the youngsters. b. The conflict/violent gang. Non-stable and non-integrated, where there is an absence of criminal organization resulting in instability. This gang aims to find reputation for toughness and destructive violence. c. The Retreatist Gang . Is equally unsuccessful in legitimate as well as illegitimate means. They are known as double failures, thus retreating into a world of sex, drugs, and alcohol.

char d Quinney and and Willi am C ham hambliss, li ss, conflict theory is based upon the view 5. Class Conflict Theory. According to R i char that the fundamental causes of crime are the social and economic forces operating within the society. The criminal justice system and criminal law are thought to be operating in behalf of rich and the powerful social elites, with resulting policies aimed at controlling the poor. The criminal justice establishment aims at imposing standards of morality and good behavior created by the powerful on the whole of society. Focus is on separating the powerful from have nots who would steal from

























15. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set of values that clash with the main stream culture. This theory argues that children learn deviant behavior socially through exposure to others and modeling of others action. 16. Structural Functionalism Theory. Some social structures exert a definite pressure upon certain persons in society to engage in non-conforming rather than conforming behavior. These structural and ideological dreams can cause great distress for those who cannot reach these goals. Juveniles who engage in crimes do so, according to these perspective, as a means to defy societies defined goals and innovate their own goals of delinquent behavior. 17. Rational Choice Theory. They argue in many cases, deviance is a result of highly calculation of risks and awards. Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby decide a course of action.Juveniles however do not always choose the most rational actions. There values are different from adult and their motives are different from an adult criminal. Adolescent are also notorious for not thinking before they act. These actions which constitute delinquency may come as a result of acting against authority,or to rebel against cultural norms and goals. 18. Routine Activities Theory. This theory viewed that crime is a normal function of the routine activities of modern living; offenses can be expected if there is a motivated offender and suitable target that is not protected by capable guardians.

The routine activities approach gives equal weight to the role of both the victim and the offender in the crime process. Criminal opportunity is significantly influenced by the victim’s lifestyle and behavior. The greater the opportunity for criminals and victims to interact, the greater the probability of crime; reduce.





























PD No. 1563 – Anti-Mendicancy Anti-Mendicancy Law. This law is not applicable to children under the express provision of RA 9344 (Sec 58).



E.O. 209 – 209 – The Family Code of the Philippines



R.A. No. 8370 – Children’s – Children’s Television Act of 1997 (violent x-rated x -rated films)



Philippine AIDS Prevention and Control Act of 1998 R.A. No. 8504 – Philippine



























Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to emotional problems or complexes. Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization. Salient Features of Republic Act No. 9344 “THE JUVENILE JUSTICE JUSTICE WELFARE ACT Sec. 4. Definition of Terms.



























2. 3. 4. 5. 6.

Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her; Properly identify himself/herself and present proper identification to the child; Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law; Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed; Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;



























disposition measures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law. Salient Features Features of Republic Act No. 9262 “THE ANTI VIOLENCE AGAINST WOMEN & CHILDREN’S ACT” SEC. 3. Definition of Terms.-

1.

Violence against women and their children – children – refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating



























iii. Depriving or threatening to deprive the woman or her child of a legal right; Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties; f. g.

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

















































































































































































































































































































































































































































































































































































































































































































































CHATER IV COMPREHENSIVE PCR AND PUBLIC RELATIONS

A. COMPONENT OF THE COMPREHENSIVE PCR PLAN The two major components of the plan, namely INTERNAL REFORM and GAINING OF INSTITUTIONAL SUPPORT, therefore, aim to improve the image of the PNP and re assure the general public that they can depend on the PNP to be their protector and guardian in order to hasten and facilitate community mobilization for Anti-crime efforts.

Situation

Institutional Su ort

Perception

Police Community

Internal Reform

Resultant Enhanced ima ima e of the the Comprehensive PCR Programs

B. CONDUCTING INTERNAL REFORMS: 1.

Continuous Values Orientation and skill development of PNP personnel: b. Intensification of police education and values orientation. c. Internalization of the Code of Ethics and Professional Standard of the PNP, moral and spiritual values and basic courtesies relative to Law Enforcement. 2. Unrelenting clean up of the organization of misfits, criminal elements, and leaders with low potential. Entails the continuous investigation, suspension or dismissed of misguided and erring police level at all level. More on OPLAN PAGBABAGO. 3. Unrelenting effort to brighten up the physical appearance of the PNP facilities and vehicle. Sprucing up of all police station or offices to create a public friendly atmosphere therein and the exercise of proper care.

C. CAMPAIGN FEEDBACK AND EVALUATION SYSTEM (CFES) 1. 2. 3.

4. 5.

Unit Visitation Surveys Records Interviews Media Analysis

D. NET WORKING OPERATIONS: “THE CONCEPT OF EXECUTION” 1.

Congress: Congress being the law making making body is one of the vital governmental institutions that can support the PNP. Following activities may be taken:

Effecting Liaisoning: a.

b.

Organization Level Liaisoning: The Directorate for PCR shall maintain a liaison office with Congress whose main task is monitor, get the pulse, actively interact and possibly influence lawmakers on matters affecting the PNP. Top Hierarchy Level Liaisoning: Top leadership of the command shall conduct regular FACE to FACE dialogues with key members of the Congress as well as different Congressional Committees handling PNP affairs as well as with different Congressional Committees handling PNP affairs in order to present for their























2.

The media: The media is unquestionably unquestionably most powerful instrument in forming public opinion. opinion. Specific activities to be taken with with respect to this institution institution are the following: a. Development of guidelines on Media – PNP PNP relationship. In brief this guideline shall from the basis of the PNP as an organization as well as of its individual personnel dealing with the media. b. Providing timely and accurate information through press releases, regular conference, daily bulletins, and attendance to talk show and similar programs. c. Giving the media reasonable accessibility to source of information in accordance with the existing security regulations. d. Improvement of rapport with media through non- law enforcement activities such as sports, outing parties and the like. e. Giving of special awards by the PNP to deserving media personalities.

3.

The Church: Another important institution of our society especially in opinion building building in predominantly God living and God fearing country such as ours. The opinions of church leaders carry much weight among the religious. It need not underscored that a pastoral letter read through out the country carries great impact. a. Liaisoning with important church personalities. b. Monitoring and assessment c. Special activities

4.

whose support, sympathy and and empathy The Students/School: Another big and important institution of society whose when properly exploited will provide the PNP a potent ally. a. Effective liaisoning with key school authorities b. Monitoring and assessment c. Involved and support in different school activities such: 1) Drug education program 2) Crime prevention program 3) Immunization and vaccination program 4) Organization of Junior Police 5) Medical/Dental out reach program in coordination with DECS/DOH.

5.

Community/Non-Government Organization (NGO): They are composed of society of people having common rights and privileges, common interest and aspirations formally organized but at times most determinative of the outcome of an issue. b. Listing c. Identification/assessment of existing NGO. d. Liaisoning with the NGO. e. Mobilization of NGO in support of PNP programs and projects.

E. PUBLIC INFORMATION AND PROPAGANDA OPERATIONS: 1.

On Internal Security - Intensified information on evils of the ideology and actual terrorist operations through regular issuance of Press releases. The editors of columnist and enhanced utilization of the tri-media to write, print, and broad cast.

2.

On Crime Prevention a. Sustained information drive on how the public can reach public assistance. b. Strengthen public, and the utilization of the tri-media especially on modus operandi safety and the like.

3.

On Public Safety a. Intensified information drive on pre disaster preparedness. b. Support information drive on how to get government assistance when affected by calamity or disaster. c. Intensified information campaign to generate awareness and sympathy for the victims of calamities and disasters with the aim of gaining relief and other support to them.

F. PUBLIC RELATION It is a program designed to make the public aware of what the agency is doing, why is it doing, and how it contributes to the welfare of the community.

F oundat oundatii on of of Public Publi c Re R elati lati ons - “Do not do onto others what you do not want others unto you.” Public relation is also founded on the following concepts: 1. Live and let die 2. Give before you seek to get 3. Give what is due to others. 4. See the other person’s side























4. 5. 6. 7. 8.

Graft and corruption Police use of foul, abusive languages Harassing police tactics like indiscriminate searches Filipino negative values Lack of police professionalism

T en Comma Commandm ndme ents of H uman uman Re R elations lati ons 1. 2. 3. 4. 5. 6. 7. 8. 9.

Speak to people. There is nothing as nice as as a cheerful word of greeting. Smile at people. It takes 65 muscles to frown, only 15 to smile. Call people by name. The sweetest word to anyone’s ears is the sound of his own name. Be friendly and helpful. If you would have friends, be friendly. Be cordial. Speak and act as if everything you do is a genuine pleasure. Be genuinely interested in people. You can like everybody if you try. Be generous with praise- cautious with criticism. Be considerate with the feeling of others. It will be appreciated. Be thoughtful of the opinion of others. There are three sides to a controversy. Yours- the other fellow’sfellow’s- and the right one. 10. Give service. What counts most in life is what we alert to do for others.

G. TYPES OF PUBLIC RELATION: 1.

Public Awareness Programs a. Mobile Vans- Certain variety of display and exhibit of police equipment, which help to explain to the public, what the police do and how they do it. b. Displays and Exhibits- Set up in department stores, shopping centers, and other public locations are a popular way in which the police can bring their messages to the public. c. Informative Materials - Distribution of pamphlets or brochures, which are designed in relation to their services to the public. d. Open House- Conducted during certain times of the year such as police week, or law observance week, public tours of facility. e. Public Speakers- Provide speakers for various types of public gathering such as civic clubs, businessmen, associations and social groups. f. Ride Along- Permits number of the community to ride in a police car with an officer and observe field operations. 2. Informational Programs: a. New Arrivals - making some members of the community feel at home in their news surroundings. b. Traffic Advisory Reports - announcing important traffic matters such as road accidents, highway construction and traffic congestion. c. Informational Bureaus - as renewal of drivers’ license, payment of utility bills, availability of legal services and other items. d. Informational Brochures - booklets, pamphlets, and other types of publications, which contain information of the community interest. 3. Image Building Programs- Promoting programs which are designated to create a more favorable public image of the police. This can be achieved through: a. Citizens awards b. Police Color Guard c. Police Citizens Luncheons d. Operational Handshake e. Recruit Visitation Programs f. Community Events g. Gift Packages PEACE OFFICER’S INDIVIDUAL PUBLIC RELATIONS 1. 2. 3.

4. 5.

Domestic Relations – his his family, parents and immediate relatives, with whom he has to have good relationship in order to develop a respectable family prestige as well as cordial community relations. Neighborhood Relations - neighbor who constitutes a vital link to good reputation in the community. Community Relations – Relations – with the citizens of the community, city or town where a person likes, his membership or contribution to civil undertakings and his membership or contribution to the civic organization or community associations in the locality. Church Relation – Relation – with religious affiliation is necessary for the stability of moral principles. Government Relations – Relations – with the government and its various instrumentalities.

H. PEACE OFFICER’S PROFESSIONAL PUBLIC RELATION























4. 5. 6. 7.

Complainants’ Relations – with complainants, the techniques of interview he uses, the manner of approach he adopts, the treatment of witnesses as well a informers. Relations with Accused Persons – proper proper treatment of suspects, the recognition of their constitutional rights during custodial investigation and the handling of accused persons during confinement. Relation with State Prosecutors and/or Fiscals - police officer’s duty to cooperate during preliminary investigations and the gathering of further evidence once the case is filed by the fiscal. Judicial Relations - peace officer’s duties toward the courts when appearing as a witness and the honesty of his testimony.

I. THE MANY COMMUNITIES IN COMMUNITY RELATIONS 1.

2.

outside the PNP External Communities – outside a. The Justice Community b. The Human Services Community - includes many public and private and social service resources mental health general services, media civic and religious groups and educational services. c. Citizens and the Police - Peels Principles State that “the police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain public respect” .

Internal Communities a. The Personal Support Community - both in the sense of family system and close personal relationships, affect the officer’s perspective and effectiveness. b. The Police Community - community relations outside the agency will be supported or undermined both as a matter of policy and practice.

J. REGAINING AND MAINTAINING PUBLIC TRUST AND CONFIDENCE 1.

2. 3. 4. 5.

The police should be people oriented to recognize the divergence of people and yet capable to working together with them of a common good. Being good is not enough, you must show it by the way you perform your job and by the state of discipline of every officer and men in the police station or similar unit. The command must increase the personnel assigned to patrol division in line with the police visibility program and to make them available to provide police assistance at any time. Requesting the community to assist in identifying the scalawags in uniform as a basis for giving immediate disciplinary action against them. The policeman should closely coordinate with the business community to identify areas where police presence is needed. Conduct in-depth study and to initiate the immediate assignment of police to every barangay to serve the police needs and to call upon residents and oversee their well being.

K. POLICE AND THE COMMUNITY Police Characteristics: 1.

2. 3. 4. 5.

6. 7.

Morale and Esprit de Corps - There must be high morale among the members of the PNP reflected in their “ESPRIT DE CORPS” and spring from their genuine loyalty and noble faith in the policies and objective of their organization. Must Have Exacting and Exemplary Conduct - The community demands that members of the PNP are more exacting (demanding) and exemplary than is expected from private citizens. to the needs of the Police Must be Understanding - Policeman’s duty is to regulate the conduct and administers to the people of all walks of life. Police Influence Over the Community - The community looks upon policeman as representative of the authority of law. Practice of Courtesy - Being courteous involves much more than friendliness. To appreciate sincerity habitually performed acts of courtesy requires culti vation of appearance, voice, manner, intelligence humor, temperament and unselfishness that are easily appreciated by the people. Courteous Treatment of Law Violator - Numerous contacts with anti-social persons are likely to cause the policeman to assume an attitude of veneer hardness. Leadership - True leadership is personal it is a psychological balance showing a well integrated personality.

A goo good lea leader sho should posse ssess the follo follow wing qua qualitie lities: s: Self-Confidence is faith to oneself, and it is predicated upon knowledge, still in applying knowledge, and in the ability and willingness to pass one’s knowledge for the benefits of the others. 2. Self- Sacrifice is a fundamental trait to true leadership. It is inescapable fact that to contemplate a situation without bias requires first a complete subordination of self. Effective police work requires the utmost self-sacrifice; policeman who is selfishly impressed with their authority cannot succeed as leader . 1.























6. 7.

8.

9. 10.

Personal Dignity is indicative of a policeman’s policeman’s appreciation of the honor of his position. It is an excellent manifestation of his “esprit de corps” and is a powerful factor in creating community respect. Physical and Moral Courage - The community assumes that policemen are physically courage, yet true courage is not thoroughly understood by most citizens. It is a common misapprehension to consider reckless disregard of danger as a manifestation or courage and bravery. Moral Ascendancy Moral ascendancy is the influence that one-person exercise over a group of persons by reason of exemplary nature of his character. It arises out of withstand the hardship and vicissitudes of the work, sincerity of purpose that manifest it willingness to personally adhere, without equivocation, to the same standards of conduct that he is duty bound to enforce upon other. Dependability and Punctuality - The public has the right to demand the same guarantees in the manner of its safety as all exacts for the protection of Public health. Attitude in Trial Court - Police men attending court sessions in whatever capacity, shall not only appear in proper attire, but should also observe the following behavior while in the witness stand, to wit: a. He must say nothing but the truth. b. He must be calm c. He must be prepared d. He must be courteous e. He must be natural and straightforward f. He must maintain his temper g. He must be attentive to the questions to be heard. h. He must speak loudly enough to be heard. i. He must be conscious of his personal appearances appearances

11. Appearing as a Witness a. Witness in Criminal Case - Policeman shall, when subpoenaed as a witness in a criminal case, promptly notify their immediate chiefs. No members of the PNP shall be a witness in such capacity without the service of a proper subpoena. b. Witness in Civil Case - No member of the PNP shall testify in civil cases unless summoned to do so by proper authority. c. Action After Court Attendance - A member of the PNP attending any court session under subpoena/ summon or other processes as a witness, shall after having been released therefrom for the day, immediately report to their superior officer.

L. POLICE PERSONAL APPEARANCE AND THE COMMUNITY 1.

Police Personal Appearance a. He shall be properly attired and equipped whenever he appears before the public. b. He carries with him only the prescribed regulation weapons and other related items. c. He shall dress moderately and of good taste if and when they must wear civilian clothes. d. He must maintain good posture and grooming. e. He must see to it that his uniform is clean and properly maintained.

2.

Police Satisfactory Uniform - A satisfactory uniform, comfortable for the officer and pleasant to the eye is important. Attractive snappy uniforms influence the moral of the policeman as well as the “Esprit “Esprit de Corps” of the entire police force.

3.

Police Personal Cleanliness 1. Policeman should be required to shave daily and to have their hair cut regularly. 2. Policeman should have frequent bath. 3. Policeman should have clean fingernails and other parts of the body.

4.

Must Have Periodic Inspection - This factor of personal appearance and their effect on the community justify among other, the periodic inspections of the force. Attention should be given in such inspections not only to hearing, address and equipment, but also on the aspect of personal cleanliness just mentioned.

5.

Policemen Mental Attitude a. He must be friendly and show willingness to serve. b. He must not forget that he is a public servant, appointed for the role purpose of serving the community. c. He must not give an impression of haughtiness, aloofness, officiousness or condescension. d. He must refrain from sarcasm and flippancy. e. He must develop pride in his organization f. He must be proud that he is an officer and conduct himself with the dignity of that officer.

6.

Policemen Habits and Conversation a. Police officer must avoid subjects of smutty or questionable nature.

























7.

Policemen Personal Habits a. He should avoid restless habits such as tapping his finger or fact, whittling or other evidence of nervousness. b. He should not permit himself to develop such unpleasant personal habits such as, hawking and spitting, smoking while on duty in public place. c. He should not smoke when speaking to a citizen, smoking habits that are offensive to the public should not be permitted whether on the street or headquarters.

8.

Policemen Must Avoid the Appearance of Evil a. He should be careful to avoid questionable associates and to spend spare time and obtained his recreation in the company of those whose character and reputation are irreproachable. b. He must avoid controversial questions, those dealing with religion, politics and the laws. c. He must avoid domestic difficulties more assiduously than the average citizen. d. Abstain from drinking intoxication beverage to excess. e. He shall not engage in any form of gambling except those allowed by law: f. He should avoid entering any housed of reported as being of ill-repute and other vice dens. g. He shall not buy nor use or process smuggled products. h. He shall avoid accepting any fees, rewards or gifts of any type, for any service rendered in the performance of his duty other than his authorized salary or shall use his position for material consideration. i. He should avoid “bad habits” celebrating Christmas, New Year and other occasion by firing their guns.

M. POLICE STATION/HEADQUARTERS AND THE COMMUNITY 1.

Appearance of Police Station/Headquarters - The station/headquarter must have a business like appearance, unsightly trash eliminated; thus, the police station/ headquarter must have the following appearance. a. Must have presentable view inside or outside. b. Must possess a well keep office that is worthy of the discipline of its force, honor ideal of Law enforcers. c. Must be strict in anti-littering /smoking campaign in the building or grounds and police equipment shall be maintained properly. d. Trashcans shall be available and comfort room shall be clean and free from foul odors. e. Must be identifiable and the desk shall bear the name of the policemen for public convenience/information.

2.

Policemen at Station/Headquarters - The police station/headquarter should not only maintain a high standard of efficiency, but it should give an appearance of efficiency. This is created by a business like attitude and conduct on the part of the policemen. Thus, the policemen must avoid the following attitude: a. Policeman should not roughhouse or among themselves in public view. b. They should restrict their activities to the assembly room or those sections of the station reserved for their rest of reaction. Otherwise the public may conclude that they are lofting while on duty. c. He shall not in the station/ office or elsewhere while on duty, drink any intoxicating liquor or take prohibited drugs or report to duty under the Influence of liquor or prohibited drugs; or habitual drunkard to the prejudice of his duty. d. Police should not indulge in loud, boisterous talk that can be heard by the public. e. They should avoid an appearance of idleness and create an impression of business like efficiency.

3.

Police Telephone and the Citizen - Telephone to the police station/office is very important since a person’s life, property and liberty may be at state since t he telephone operator i s the first contact with the police department, it is is important that the conversation is pleasant and satisfactory as possible. a. Police Telephone Greeting - It is important too, that the police operator gives attention to his manner of speaking over the telephone. b. Immediate and Courteous Reply - Incoming telephone calls to a police headquarters/station deserve immediate and courteous reply. c. Clear Enunciation - A policeman should meet the following criteria for efficient telephone conversation: 1) Policeman should speak with deliberate care and clearances into the transmitted. 2) Policeman should have a good diction and expression of courtesy.























b.

6.

There should also be women at the desk to handle complaints from females who may be timid about approaching or narrating to a male peace officer their problems. If there is no policewoman, a clerical employee may be stationed at the complaint desk for his purpose.

Must Be Attentive to the Complainant a. A person who approaches the police for assistance should be given ample authority to narrate his complaint. The policeman can sometimes assist with intelligent questions, evidence of sympathy and assurances of help. b. The policeman should focus his attention on the citizen while receiving the complaint. c. The desk officer should take note of the complaint, even though the subject reported are not important for the police. d. Should the subject matter require the attention of some other divisions of the Headquarters/station, the citizen should be referred to that office, but in such manner as to avoid any doubt as to policeman’ interest in the citizen and his complaint.

N. SUPPLYING INFORMATION TO THE PUBLIC: The police should be alert to assist assist the public in every way possible. Citizens invariably turn to the police for information, and the police should be prepared to supply supply it. The headquarters’ staff and all other members members of the police station should know the geography of the city/town and surrounding areas, the principal highways, the direction and distance to nearby towns, etc.

O. RECEIVING COMPLAINTS AND CRITICISM AGAINTS THE POLICE Citizens sometime complain to patrolman regarding police station policies and programs over which the patrolman exercises no control. control. The unfairness of making such criticisms criticisms to a patrolman is quite quite apparent. They are usually usually made for the effect they have on the officer who who receives them rather than in the expectation of corrective action. Such complaints should be referred to the proper authorities for audience or if permitted, the officer may refer the complaint immediately to his superior officer when a citizen makes the complaint on the matter to his superior.

P. LEGITIMATE COMPLAINTS AGAINST POLICE OFFICERS The police station itself influences the attitudes of both the police and the public. The public does not react favorably to an ill-smelling dank, poorly kept, and (human) unclean police station; neither to the police officers themselves. While the police may have little choice in the location and arrangement of their headquarters they do have the opportunity and the responsibility to maintain them in a clean and presentable condition.

APPENDICES CODE OF PROFESSIONAL CONDUCT AND ETHICAL STANDARD

ARTICLE I PRELIMINARY PROVISIONS Section 1. Title - This code shall be known as Philippine National Police Code of Professional Conduct and Ethical Standard (PNP Code of Conduct) Section 2. Declaration of Policy - All members of the Philippine National Police shall abide and adhere to the provisions of this Code of Professional Conduct and Ethical Standard.

ARTICLE II























2.3. I believe in selfless love and service to people. Toward this end, I commit myself to the service of my fellowmen over and above my personal convenience. 2.4. I believe in the sanctity of marriage and respect for women. I shall set the example of decency and morality and shall have high regard for family life and chastity. 2.5. I believe in the responsible dominion and stewardship over material things. I shall inhibit myself from ostentatious display of my property. I shall protect the environment and conserve nature to maintain ecological balance. I shall protect pr otect the environment and conserve nature to maintain ecological balance. I shall protect pr otect private and public properties and prevent others from destroying it. 2.6. I believe in the wisdom of truthfulness. I must be trustworthy and shall speak the truth at all times as required by my profession. Section 3. PNP Stand on Basic Issues - The deployment and employment of the PNP personnel require the organization and its members to bare their stand on the following basic issues. 3.1. PNP Image - The image of any organization affects the esprit de corps, morale, welfare of the members and sense of pride to the organization. In view thereof, all members of the PNP should conduct themselves in a manner that would not place the PNP in bad light. Instead, they should live in accordance with the PNP core values and possess the following virtues: honor, integrity, valor, justice, honesty, humility, charity and loyalty to the service. 3.2. Career Management the key to Professionalism - The improper implementation will greatly prejudice the personnel professionalization process as regards to procurement, promotion, all assignment, placement, training, awards and retirement. To address the flaws, the PNP shall formulate stringent policy and strictly implement the human resources development system, compatible to the equitable distribution of procurement, fair pro motion, rationalizes approach in assignment, skill development, immediate grant of reward and award, decent living upon retirement. 3.3. Police Management Leadership - The effectiveness of law enforcement is reflective of the managerial capabilities and competent leadership of the men and women in the PNP. 3.4. Equality in the Service - There shall be judicious and equitable distribution of opportunity to prove one’s worth in the police service. The problem on equity thru class orientation and factionalism, both real and perceived promise on favored assignment, inequitable opportunity of training, unfair granting of promotion, and untimely awarding of achievement will create an atmosphere of demoralization. Its result is inefficiency and lack of teamwork to the detriment of the organization. It behooves therefore on the PNP leadership to address the situation. The civilian character of the organization requires adherence to the rule of merit and fitness system and to dissociate the above process from class orientation and factionalism. 3.5. Delicadeza - In consonance with the requirements of honor and integrity in the PNP, all members must have the moral courage to sacrifice self-interest in keeping with the time-honored principle of delicadeza. 3.6. Police Lifestyle - The PNP shall endeavor to promote a lifestyle for every member of the PNP that is acceptable to the eyes of the public. Further, its members should set good example to the subordinate and follow good example from their superiors. They must be free from greed, corruption and exploitation. The public expects a police officer to live a simple yet credible and dignified l ife. 3.7. Political Patronage - All PNP members must inhibit themselves from soliciting political patronage in matters pertaining to assignment, awards, training and promotion. 3.8. Human Rights - All PNP members must respect and protect human dignity and man’s inalienable rights to life, liberty and property.

ARTICLE III PROFESSIONAL CONDUCT AND ETHICAL STANDARD Section 1. Standard of Police Professionalism - All members of the PNP shall perform their duties with excellence, competence, integrity, intelligence and expertise in the application of specialized skill and technical knowledge. Section 2. Police Professional Conduct - All members of the PNP shall observe the following professional police conduct:























2.6. Social Awareness - All PNP members and their immediate family members shall be encouraged to actively get involved in the religious, social, and civic activities to enhance image. 2.7. Non- Solicitation of Patronage - All PNP members shall seek self-improvement through career development and shall not directly or indirectly solicit influence or recommendation from politicians, high-ranking government officials, prominent citizens, persons affiliated with civic or religious organizations with regard to their assignments, promotions, transfer or those of other members of the force, nor shall they initiate any petition to be prepared and presented by citizens in their behalf. Moreover, they shall advise their immediate relatives not to interfere in the activities of the police service particularly in the assignment and reassignment of personnel. 2.8. Proper Care and Use of Public Property - Members shall be responsible for the security, proper care and use of public property issued to them and/ or deposited under their care and custody. Unauthorized use of public property for personal convenience or gain and that of their famil ies, friends or relatives are strictl y prohibited. 2.9. Respect for Human Rights - In the performance of their duty, PNP members shall respect human dignity and uphold human rights of all persons. He shall not inflict, investigate, or tolerate extra-judicial killing, arbitrary arrest, any act of torture or other cruel, inhuman or degrading punishment. He shall not invoke superior order or exceptional circumstances such as state of war, a threat to national security, internal political instability or any committing such violation of human rights. 2.10. Devotion to Duty - All PNP members shall perform their duties with devotion, and manifest concern for public welfare, and shall refrain from engaging in any activity which shall be in conflict with their duties as public servants. 2.11. Conservation of Natural Resources - Policemen shall help in the development and conservation of our natural resources for ecological balance and posterity as these are inalienable heritage of our people. Pollution Defined Means any alternation of the physical, chemical and biological properties of any water, air / land resources of the Philippines, or any discharges thereto of any liquid, gaseous or solid waste as will or is likely to create or to render detrimental or injurious to public health, safety or welfare of which will adversely affect their utilization for domestic, commercial, industrial agriculture, recreational or other legitimate purpose. 2.12. Discipline - They shall conduct themselves at all times in keeping with the rules and regulations of the Philippines. 2.13. Loyalty - Above all, policemen must be loyal to the Constitution and to the police service as manifested by their loyalty to their superiors, peers and subordinates as well. 2. 14. Obedience to Superior - Policemen of lower ranks must be always courteous and obedience to their superior and other appropriate authorities within the chain of command. 2.15. Command Responsibility - In accordance with the Doctrine of Command Responsibility, immediate commanders shall be responsible for the effective supervision, control and direction of their personnel. He shall see to it that all government resources with laws and regulations and safeguard against losses thru illegal and improper disposition. Section 3. Ethical Standard shall refer to Established and Generally Accepted Moral Values - Ethical standard to be observed are the following: 3.1. Morality - All PNP members shall adhere to high standards of morality and decency and shall set good example for others to follow. Hence, among others, and in no instance during their terms of office shall they be involved as owners, operators, managers, or investors in any illegal gambling den or house of ill-repute or other places devoted to vices; nor shall they patronize patr onize such places unless on official duty, and tolerate oper ations of such establishment in their respective areas of responsibilities. 3.2. Judicious Use of Authority - Policemen shall exercise proper legitimate use of authority in the performance of duty. 3.3. Integrity - Policemen shall not allow themselves to be victim of corruption and dishonest practices in accordance with the provisions of Republic Act No. 6713 and other applicable laws. 3.4. Justice - All PNP members shall strive constantly to respect their rights as human beings, parents, children, citizens, workers, leaders or in other capacities and to see to it that others do likewise. 3.5. Humility - PNP members shall recognize the fact that they are public servants and not the masters of the people and toward this end; they should perform their duties without arrogance. They should recognize their own inadequacies, inabilities and limitations as individuals and perform their duties without attracting attention or expecting the applause of others. PNP members shall follow procedures in accomplishing their tasks assigned to them to























2.2. Traditions - Bodies of belief, stories, customs and usage handed down from generation to generation with the effect of an unwritten law. 2.3. Courtesy - A manifestation or expression of consideration and respect for others. 2.4 Ceremony - A formal act or set of formal acts established by customs or authority as proper to special occasion. 2.5. Social Decorum - A set of norms and standards practiced by members during socials and other functions. Section 3. Police Customs on Courtesy - The following are courtesies in the PNP: 3.1. Salute - The usual greeting rendered by a uniformed member upon meeting and recognizing persons entitled to a salute. 3.2. Salute to National Color and Standard - PNP members must stand at attention and salute the national color and standard as it pass by them or when the national color is raised or lowered during ceremonies. 3.3. Address/ Title - Junior in rank addresses senior member who are entitled to salute with the word “sir.” 3.4. Courtesy Calls - PNP members must observe the following courtesy calls when an occasion or situation arises: 3.4.1. Courtesy Call on Newly Assigned/ Promoted/ Appointed member - A policeman who is newly appointed, promoted, or assigned in a unit or command must first report or call on the Chief of the same or other key officials for accounting, orientation and for other purposes. 3.4.2. Christmas Call - PNP members pay a Christmas call on their local executives in their respective areas of responsibility. This call remember does not include call on the businessmen and gambling lord. 3.4.3. New Year’s Call - PNP members pay new year’s call on their chiefs or key officials in their areas of responsibility. 3.4.5. Promotion Call - Newly promoted PNP members call on their unit head. On this occasion, they are usually given during recognition and congratulations by their peers for such deserved accomplishment. 3.4.6. Exit Call - PNP members pay an exit call on their superiors in the unit or command when relieved or reassigned. 3.5. Courtesy of the post - The host unit extend hospitality to visiting personnel who pay respect to the command or unit. 3.6. Rank has its own Privilege (RHIP) - PNP members recognize the practice that different rank carry with them corresponding privilege. Section 4. Police Customs on Ceremonies - The following are customs and ceremonies that must be observed by all PNP members. 4.1. Flag Raising Ceremony - Policemen must honor the flag by raising it and singing the National Anthem before the start of official work. 4.2. Flag Retreat Ceremony - At the end of the official day’s work, PNP members pause for a moment to salute the lowering of the flag. 4.3. Half-Mast - The flag is raised at half-mast in adherence to deceased uniformed member of the unit or command. 4.4. Funeral Service and Honors - Departed uniformed member, retiree, war veteran or former PNP member is given vigil, neurological services graveside honors as a gesture of farewell. 4.5. Ceremony Tendered to Retiree - In recognition of their long, faithful and honorable service to the PNP, a testimonial activity is tendered in his honor. 4.6. Honor Ceremony - Arrival and departure honor ceremony is tendered to visiting dignitary, VIP, PNP officer with the grade of Chief Superintendent and above and AFP officers of equivalent grade unless waived. 4.7. Turn-Over Ceremony - The relinquishment and assumption of command or key position is publicly announced in a turn-over ceremony by the outgoing and incoming officers. 4.8. Wedding Ceremony - During marriage of PNP members, a ceremony is conducted with participants in uniform and swords drawn. 4.9. Anniversary - The birth of institutional establishment of a command or unit is commemorated in an anniversary ceremony.

























Section 6. Other Police Customs. 6.1. Visiting the Sick - PNP member who is sick in the hospital, in his residence or in any place of confinement is visited by his immediate superior or other available officers of the unit in order that his needs are attended to. 6.2. Survivor Assistance to Heirs of Deceased members - When PNP members dies, a survivor officer is designated to render maximum assistance to their bereaved families until all benefits due shall have been received. 6.3. Visiting the religious Leaders - PNP members visit Religious leaders in their areas of assignment to establish or maintain rapport and cooperation between the different religious leaders and the PNP. 6.4. Athletics - All PNP members indulge in physical fitness activities to insure that their proper physical appearance are maintained with the waistline measurement always smaller than the size of their chest and in conformity with the standard set forth by the organization. 6.5. Happy Hours – Hours – usually usually on Friday or in any other day suitable for the occasion, PNP members club for a light-hearted jesting or airing of minor gripes. Section 7: The traditions that policemen are adhering to: 7.1. Spiritual beliefs – the the PNP members are traditionally religious and God-loving persons. They attend religious services together with the members of their family. 7.2. Valor - history attest that the Filipino law-enforcers have exemplified the tradition of valor in defending the country from aggression and oppression. They sacrificed their lives and limbs for the sake of their countrymen whom they have pledged to serve. 7.3. Patriotism – PNP members are traditionally patriotic by nature. They manifest their love of country with a pledge of allegiance to the flag and a vow to defend the constitution. 7.4. Discipline – it it is manifested by instinctive obedience to lawful orders and through spontaneous actions towards attainment of organizational objectives guided by moral, ethical and legal norms. 7.5. Gentlemanliness – policeman is bright in character, polite in manner, dignified in appearance and sincere in his concern to his fellowmen. 7.6. Word of Honor – Honor – a policeman’s word in his bond. He stands by it and commit to uphold it. 7.7. Duty – Duty – the the PNP members have historically exemplified themselves as dedicated public servants who perform their tasks with a deep sense of responsibility and self -sacrifice. policemen are traditionally loyal to the organization, country and people as borne by history 7.8. Loyalty – Loyalty – policemen and practice. the binding spirit that enhances teamwork and cooperation in the police organization, 7.9. Camaraderie – Camaraderie – the extending to the people they serve manifested by members deep commitment and concern to one another.

ARTICLE V POLICE OFFICERS’ PLEDGE (POP)

I will love and serve God, my country and people. I will uphold the constitution and obey legal orders of the duly constitute authority. I will oblige myself to maintain a high standard of morality and professionalism. I will respect the custom and tradition of the police service. I will live a decent and virtues life to serve as an example to others.























3.1. All PNP shall be issued upon entry into the police service a copy of this code, which shall be considered an accountable property. 3.2. The code shall be internalized by all members and institutionalized in the PNP. It will be part of the curricula of all PNP academic courses and will be interpreted in moral value programs conducted thru regular police information and education activities. 3.3. There shall be continuous appraisal and study on the effectiveness of this code consistent with the growth and dynamics of performance standards and professionalization of the PNP. 3.4. This code shall be subject to review initially 3 years after its affectivity and every 5 years thereafter, or sooner if the need arises, for possible revision and/or modification of its implementations strategy. 3.5. The PNP office of Ethical Standards and Public Accountability (PNPOESPA) shall oversee the internalization and institutionalizations strategy. Section 4. Appropriation – The fund allocation necessary for the effective propagation and development of this code shall be provided.

There shall be sustained effort to improve the code in the following functional areas: Section 5. Miscellaneous – There 5.1. Strengthen and reinvigorate activities on historical recordings and interpretations of contemporary

events. 5.2. The PNP organization shall be so structured to reinforce values and standards of this code. 5.3. In case of conflict in the practice of customs and traditions on one hand and in the performance of duties on the other, the latter shall prevail. 5.4. PNP members shall be morally and duly bound to advise fellow members to refrain from violating this

code. 5.5. In case where erring PNP members are found to be incorrigible, proper report shall be made to the appropriate authority. Section 6: Penalties and Administrative sanctions – The The penalties of the commission of acts/practices in violation of this code shall be in accordance with the revised Penal Code, RA 6713, RA 3019 and other special laws. For acts or omissions which merely require administrative sanctions, the applicable promulgated by the PNP, NAPOLCOM, Civil Service Commission and DILG shall b e applied.

any amendments to or revisions of this code may be proposed in a convenient Section 7: Amendments – any or committee formed for the purpose. No amendment shall be valid or unless it is ratified by a simple majority of the























PNP VISION

We are committed to the vision of professional dynamic and highly motivated PNP supported by a responsive community, regarded as one of the most credible national institution and rank safety and internal security with the active support of the community. POLICE OFFICER PLEDGE OF LOYALTY

If you work for a man in Heaven’s name, work for him. If he pays your wages which supply supply you bread bread and butter, work for him: speak well of him and by the institution he represents. If put to a pinch, an ounce of loyalty is worth a pound of cleverness. If you must vilify, condemn and eternally disparage, resign your your position, and even when thing you are outside, damn to your your hearts content. But as long as you are part part of the institution do not condemn it. If you do that you are loosening the tendrils that are holding you to the organization and, and, at the first high wind that comes along, you will be uprooted and blown away and probably you will never know the reason why. POLICEMAN’S PRAYER

Lord God Almighty, grant us that we may this day and everyday over all temptation specially to injustice and disloyalty and with our minds inflamed by your Holy Spirit perform all our duties in such a manner that as maybe pleasing to your divine will so that when call to report for the last time, we may not be found wanting. Amen. SEMINAR ON CONTEMPORARY POLICE PROBLEMS

ETHICAL AND VALUE ISSUES IN THE POLICE A. POLICE CORRUPTION

The Philippine National Police is organized basically to answer the old police ethical problems during the Philippine Constabulary-Integrated National Police (PC/INP) era where news of corruption, bribery, political patronage, and other crime-related acts by many police officers were very common. However, in spite of the new PNP as established established by RA 6859, ethical issues still hounds the organization. This could be attributed to the very nature of the job of the police which which is law la w enforcement. So some laws were promulgated like the RA 8551 or the PNP Professionalization Act to possibly reduce or eliminate those issues thrown against the PNP. To date, numerous members and officers of the PNP are still involved in unethical practices. These corrupt police officers worsen the image of the police and adversely affect the Police Community Relations program of the PNP.

What is Police Corruption?























relationship with the police. This also includes includes dealing with those in legal business operation. For example, an owner of bus company who in order to operate outside of his franchise will give protection money to the police to assure the police would not touch or mind his operation. 6.

Fixes (fixers) - This involves mediating in criminal cases or problems involving traffics. A policeman will confer first to the complainant about possible filing of a criminal case. Then, he went to the respondent and tell what they have talked about the case, and that the complainant is willing to settle the case for a certain amount of money. At the end, the case will not be filed or a case is dismissed because of settlement money which large portion of the amount goes to the pocket of the policeman.

7.

Direct Criminal Activities - This is a worst behavior of a police officer. A policeman is directly involved in criminal activities like robbery, kidnapping, drug trafficking, etc. Imagine if our policemen are having this kind of behavior. Where shall we go to ask for help in case our house was robbed?

8.

Internal Payoffs - This is a pattern of corruption common to policemen. The sell work assignment, promotion, etc. Example, a Patrolman accosted his superior and request for an assignment he wants and he gave money in exchange thereof. Or an official who is authorized to sign a promotion was approached by one who was desirous to be promoted and suggested a money figure. This kind of corruption mostly happens inside the organizatio n.

Other Other F orms of Corr uption uption 1.

2. 3. 4. 5.

6. 7.

8.

9.

Gambling – in the Philippines, some police officers and officials are directly or indirectly involved in gambling, both legal and illegal. Some of these are: protectors of “jueteng”, a local numbers game; cock fighting; and and card games. Narcotics involvement either as users, pushers, or protectors of illegal drugs -related activities. Bars as patrons or owners owners of houses of ill-refutes. Corruption occurs when these these bars are already involved involved in illegal drug trades and or prostitution. Prostitution – in all areas, police officers should not be involved in this kind of activities. Some are patrons of prostitutions, others are peddlers, and some are owners or protectors of pr ostitution dens. Parking and Traffic – corruption corruption is very common in this area because because of the small amount amount of money involved. To avoid the difficulty of getting back one’s driver’s license or motor vehicle’s plate numbers, a driver may resort to offering small bills in exchange of non-confiscation of his dr iver’s dr iver’s license or plate numbers. Retrieving seized automobiles – A number of stringent usually follows when when a motor vehicle vehicle is impounded. To avoid this difficulty, owners of motor vehicles may talk to their “contacts” inside like friends, or relatives. Intradepartmental Payments – Payments – Some Some police officers desire favors from their colleagues such as facilitation of papers involving promotions, financial claims, or appointment to the police by their friends or relatives. Some police officers may do or give “favor” to their colleagues who could help them in their processing of papers. Sale of Information – In police and military intelligence, double agents are very common, those working for two opposing nations or organizations. Today, there are personalities wanting confidential information from the police like the media, businessmen, and some politicians. Gratuities – Gratuities – A A simple token of appreciation may lead to corruption later on. In the Philippines, the “utang na loob” or deep gratitude and “pakikisama” or fr iendship fr iendship may pressure a police officer to do favor for other people even to the extent of circumventing the legal processes in his own organization























7.

Leadership - When people in the higher level of police organization are corrupt, it will mostly likely influence the people below them to be corrupt. On the other hand, lack of political will of some of the high ranking police officials to curb out corruption results to misconduct among the people below.

B. OCCUPATIONAL DEVIANCE

Some authors consider unethical practices of one’s profession as a kind of occupational deviance w hich encompasses violations of any or all of the following normative system: 1. Criminal acts which are directly related to employment 2. Violations of occupationally prescribed ethical standards 3. Violations of work rules and regulations Law enforcement profession is the kind of work that is most susceptible to occupational deviances because of the special privilege of the job which is the authority to enforce the law. Many people could not cope up with the law or some violate i t by mere ignorance. The violators, in their desire to escape the penalty and punishment, resort to bribing the police or apprehending officers. Thus, occupational deviance deviance and other corruption are likely to occur. occur.

T ype ypes of P olice De D eviance While performing his daily regular tasks, a police officer may be tempted consciously or unconsciously, or willingly or unwillingly to deviate from the normal. normal. Some of these deviations could be either of the following actions called police deviance. 1. Police Gratuity – is is the receipt of free meals, services or discounts. 2. Chiseling – is is when an officer is quite blatant in about demanding free services. 3. Police Shakedown – is is when the police officer extorts a business owner for protection money. 4. Police Perjury – is is usually a means to effect an act of corruption, leaving out certain pertinent pieces of information in order to “fix” a criminal prosecution. 5. Police Brutality – is is defined as excessive force, name calling, sarcasm, ridicule, and disrespect. When citizen charges police brutality they maybe referring to number of things, including: command to move or go home  field stops and searches  threats or implied violence  prodding with night stick or approaching with pistol  the actual use of physical force  6. 7.

refers to the use of obscene and profane language. Police Profanity – refers this normally involves the jeopardizing of ongoing investigations by leaking Misuse of Confidential Information – this information to friends, relatives, the public, the press, or in some cases directly to the criminal suspect

C. CATEGORIES OF POLICEMEN IN A POLICE UNIT

In any police organization, police officers vary as to their professional attitudes. Some may taint the police image,

























3.

Police Lying – police police lying and other deceptive practices in fact part of working environment. Lies and deception vary as to whether or not they will be considered ethical violations or are necessary for the police to accomplish their tasks. To amplify what are lies, they are categorized as follows:

a. Accep Accepted ted L ying – this this is to be considered part of police working environment, like for example in a discreet operation. Lying as a deceptive ploy is allowed and is advisable.

b. Tolerated Lying – are are those which are recognized as lies but tolerated as necessary to explain inadequacy

c. d.

4.

or inefficiency of the police organization. For example, in a certain crime where there was neither witness nor evidence as it was really made perfect. The police officers may lie to the victim rather than to reveal that the crime is impossible to solve. this involves a lie that violates substantive or procedural laws and police office rules and D eviant viant Lying L ying – this regulations. Other Classes of Lying – police police deception can also be classified into the following (Klockars, as stated by Hess and Wrobleski); 1) Police placebo is sometimes referred to as “little white lie.” Accordingly, police officers find it ethically defensible to lie when the lie is told to benefit the person lied to and no more effective means of dealing with the problem is available. would be, a 2) Blue lie on the other hand involves lying to a person to exert control. A good example would traffic officer telling the erring driver that his confiscated driver’s license license is already in the police station. The officer lied so that the driver will stop personally approaching the officer to get back the license.

Use of drugs – policemen who are assigned in narcotic commands or units are susceptible to taste drug for recreational purpose or just to experience using it. Without their knowing, they are already hooked in it.

Sex Sex on on Duty or Duty R elat lated Sexua Sexuall Mi sco sconduc nductts Sexual attacks or sexual advances advances are likely not necessarily initiated by a police officer. There may be instances that the opposite sex contacts of the police may initiate such act or it may be because of unexpected circumstances where sexual harassments or advances are likely to be committed. However, regardless of the reasons, it is still unethical for a police officer to take such advantage. Some of these sexual-related sexual-related misconducts are in the following forms. to get closer look at a female or information about her. 1. Traffic Stops – to























Passivity and Lack of Initiative – Too Too much obedience and respect to others lead to over reliance to others thereby preventing creativity; and 5. Colonial Mentality – Some (if not many) Filipinos regard anything that is foreign (products, system, etc.) are superior to the Filipinos’. 4.

R oots oots of of the F i lip li pi no V alues alues (C haracte haracterr ) 1. 2. 3. 4. 5. 6. 7. 8. 9.

The strengths and weaknesses of the Filipino values and traits can be traced from the following (PPSC-PSBRC): Home environment; Social environment; Culture and language; History; Educational system; Religion; Economic environment; Political environment; Mass media; and leadership and role models.

E ffe ff ects cts of of Ne N egative Pr actice actice of F i lip li pi no V alues alues and and Tr aits Obviously, negative practice of Filipino values and traits contributed to the deterioration of the values and immorality among the Filipinos which in turn led to prevalence of graft and corruption in the society. In the Philippine National Police, though denied by many people, misfits and would be scalawags were able to enter the organization because of personal and political affiliations as well as other for ms of connections. This is not exclusive to the PNP. Many government institutions pervert their recruitment, employment, employment, and deployment procedures for the sake of favored individuals. This is also practiced in many non-governmental institutions. CONTEMPORARY PROBLEMS IN THE PHILIPPINE NATIONAL POLICE (& THE INTEGRATED TRANSFORMATION PROGRAM (ITP)) 1.

PNP BUDGET ALLOCATION 1. 92% of the PNP annual budget goes to personnel services or salaries and allowances of pnp personnel.























1. Only 15% of victims of crimes file cases/ complaints at the police station level or other law enforcement agencies. 2. Most of the victimized see crime reporting to be a waste of time, citing slow police action and a cumbersome process of reporting for their decision not to repor t their encounter with crime. 3. Low percentage of crime reporting is an indication of diminishing public trust and confidence in the police and the criminal justice system and people would rather depend on praying for protection. Generally, The ITP focuses on; 1. The welfare of policemen and their dependents, 2. The establishment of model police stations, 3. A computerized data base for PNP personnel, and 4. Providing for health care and other benefits.

Some of the specific programs implemented by the ITP are: 1. In line with creating a peaceful community is the Model Police Station (MPS) project which aims to gradually improve physical facilities and equipment of police stations, clarify systems and procedures, and provide personnel with mental and skills training to advance the quality of service rendered by the police. 2. The PNP has awarded housing units and lot certificates to 105 deserving police personnel and 72 lot certificates to the actual occupants of the area who who are mostly retired and active personnel. The PNP housing board is also working with the National Housing Authority, Housing and Urban Development Coordinating Council, Department of Interior and Local Government, and Manila Bank for the development of other properties in various places in the Philippines.

Reviewer on Socio

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