CHAPTER ONE

INTRODUCTION TO CRIMINOLOGY

Criminology is the scientific study of criminals, criminal behavior and its

causes. Criminologists attempt to build theories that explain why crimes occur and
test those theories by observing behavior. Criminological theories help shape
society’s response to crime both in terms of preventing criminal behavior and
responding to it after it occurs.

DEVELOPMENT OF CRIMINOLOGY

The discipline of criminology has evolved in three phases, beginning in the

th
18 century. Although crime and criminals have been around for as long as
societies have existed, the systematic study of these phenomena did not begin until
the late 1700s. Prior to that time, most explanations of crime equated it with sin –
the violation of a sacred obligation.
The first phase involved when scholars first distinguished crime from sin, they
made possible explanations of criminal behavior that were not theological
(religious). This, in turn, allowed for the dispassionate, scientific study of why crime
occurs. The development of this study is now known as the era of classical
criminology.
The second phase, which began in the 19th century, is referred to as modern
criminology. During this era, criminology distinguished itself as a subspecialty
within the emerging disciplines of psychology, sociology, and economics. Scholars
formed criminological societies and founded criminology journals. Criminologists
conducted empirical tests (observations or experiments) of their theories, rather
than relying solely on speculation, and consequently developed a wide range of
theories.
The third phase, beginning in the second half of the 20 th century, may best be
called independent criminology. During this period, criminology began to assert its
independence from the traditional disciplines that spawned it. In Western Europe,
the United States, and Canada, criminologists expanded their professional
associations and published an increasing number of journals. A number of
universities developed graduate programs in criminology. Criminological theories
have become more multidisciplinary (spanning various fields of study) because
independent criminologists seek to understand crime itself rather than study crime
as one aspect of an overall sociological or psychological theory.

THE GOALS OF CRIMINOLOGY

The classical criminologists of the 18 th century were primarily concerned with

ending brutality and inequality against criminals by enforcing limitations on
government power. They believed that criminal behavior was the product of the
offender’s rational choice, and that crime could be prevented through the speedy
and certain application of penalties that attached painful and unattractive
consequences to such behavior.
Beginning in the era of modern criminology, the emphasis of the discipline
shifted. Criminologists sought to develop theories to explain why crime occurred.

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They no longer relied as strongly on explanations of crime based on the offender’s
rational choice. Instead, they attributed criminal behavior to the motivation to
commit crime and the social context that allows people to pursue criminal
inclinations.
Contemporary scholars believe that criminal motivation is the product of one
or more of a complex set of factors. These factors are so numerous and so varied
that no system of classification can describe the current theories of crime causation
with complete accuracy. However, broadly speaking, these theories may be
considered in one of the following three cat \egories: (1) theories attributing criminal
behavior to biological or congenital (inherited) defects of the offender, (2) theories
relating crime to psychological factors or mental disorders, and (3) theories relating
crime to environmental or social factors. Many criminologists have suggested
theories of multiple causation involving factors from more than one of these
categories.

IMPORTANT AREAS IN THE DEVELOPMENT OF CRIMINOLOGY

1. The development of criminal law and in defining crime.

2. The cause of law violation, and
3. Methods used in controlling criminal behavior.

The criminal behavior systems of criminology involve research on specific

criminal types and patterns, such as violent crimes, theft and others.

PRINCIPAL COMPONENT OF CRIMINOLOGY

In studying criminology, there are three important components namely:

1. Criminal Etiology
Criminal Etiology involved the application of scientific analysis of the causes
of crime. An individual perpetrating a crime had no single reason; hence, there is
no single and only explanation of causes of crimes. A different theory has evolved
in studying the causes of crime such as Biological, Sociological and Psychological
Theories.

2. Sociology of Law
Sociology of law entails the importance of law or the criminal law as a
process of formal social control. Criminal law seeks to protect the public from harm
by inflicting punishment upon those who are tempted to do harm. Thus, criminal
law often strives to avoid harm by forbidding conduct that may lead to harmful
results.

3. Penology
Penology, the study of criminal punishment, is a sub-field of criminology.
Criminologists theorize about why people commit crimes and deviate from society’s
norms of behavior. They also study how society punishes criminals because
different methods of punishment may cause people to alter their behavior in
different ways. Thus, criminologists devise theories that not only explain the causes
of crime but also address its prevention, control and treatment.

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 Today, one more are of concern in Criminology is crime detection and
investigation. Criminologists are also engaged in studying the criminal things.
Forensic Science, sometimes referred to as Criminalistics, is therefore covered in the
broad field of criminology.

IMPORTANCE AND PURPOSES OF STUDYNG CRIMINOLOGY

Studying crime is very important, not only to criminologists. Criminologists

and non-criminologists study crime because of various reasons. If we generalize
these, they fall on any of these reasons:

1. Criminology can be a source of philosophy of life. The knowledge derived from

studying crime is a good foundation for an individual’s philosophy and lifestyle.
2. Criminology is a profession not only for social service but for legal practice as
well.
3. People, study criminology because criminals are legitimate object of interest.
They should be understood in order to know how to control them.
4. Authorities should know a bit of criminology because crime is a very expensive
problem of the society. The value of property lost, medical expenses,
insurances, moving costs, and intangible costs of pain and suffering is too high
as a result of victimization.

Studying criminology is aimed towards the following:

1. The primary aim is to prevent the crime problem.

2. To understand crimes and criminals which is basic to knowing the actions to be
done to prevent them.
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.
5. To foster a higher concept of citizenry and leadership together with an
understanding of one moral and legal responsibilities to his fellowmen, his
community and the nation.
In reality, there are many and varied purpose of studying criminology.
However, all these purposes fall on either of the two (2) primary aims of studying
criminology.

1. To understand crimes and criminals.

2. To prevent the occurrence of crime.

NATURE AND SCOPE OF CRIMINOLOGY

In 1889, an anthropologist named Paul Topinard, introduces the term

criminology in the English language. He derived the word from the latin word
Crimen, which can be translated to offense.
According to Prof. Cirilo Tradio, Criminology is a body of knowledge regarding
crime as a social phenomenon. The scope of Criminology covers:
1. the making of laws
2. the breaking of laws

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 3. the reaction towards the breaking of laws

Criminology is the study of crime and its various aspects. According to Edwin
Sutherland, it is the science regarding crime and delinquency as a social
phenomenon. This is a field that addresses the issue of crime and criminal behavior
and attempts to define explain and predict it.

Understanding crime is a complicated matter just like other social broad

sciences. It requires therefore a systematic and balanced knowledge in the
examination of why crime exists. In this sense, criminology is:

1. An Applied Science – anthropology, psychology, sociology and other natural

sciences may be applied in the study of the causes of crime while chemistry,
medicine, physics, mathematics, etc. may be utilized in crime detection.
2. A Social Science – in as much as crime is a creation of the society and that it
exists in a society, its study must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the
progress of criminology is concordant with the advancement of other sciences
that has been applied to it.
4. Nationalistic – the study of crime must always conform to the existing criminal
law of the land.

Criminology is a multidisciplinary study of crimes. This means that many

disciplines are involved in the collection of knowledge about criminal action,
including, psychology, sociology, anthropology, biology, neurology, political science
and economics. But over the years, the study of crime has been dominated by:

1. Sociology (Sociological Criminology). This is the study of crime focused on

the group of people and society as a whole. It is primarily based on the
examination of the relationship of demographic and group variables to crime.
Variables such as socioeconomic status, interpersonal relationships, age, race,
gender, and cultural groups of people are probed in relation to the environmental
factors that are most conducive to criminal action, such as time, place, and
circumstances surrounding the crime.

2. Psychology (Psychological Criminology). This is the science of behavior and

mental processes of the criminal. It is focused on the individual criminal
behavior – how it is acquired, evoked, maintained and modified.

3. Psychiatry (Psychiatric Criminologya). This is the science that deals with

the study of criminal behavior in terms of motives and drives; better known
today as forensic psychiatry.

CHAPTER TWO
CRIMINAL ETIOLOGY

WHAT IS CRIME?

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In the legal point of view, it refers to any violation or infraction of the existing
policies, laws, rules and regulations of the society.
Criminality is a serious problem. This maybe explained by the following
characteristics of crime:
1. It does not respect age, sex, culture, customs and tradition, race, and religion of
the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.

People cannot avoid offending others. Some offensive actions are considered
abnormal behavior while some are classified as crime. What therefore is the
requirement before an act is considered a crime? The following is the
“Differentiae” of crime:

1. An act maybe called crime if there is a certain external consequence or harm.

Physical injury is the most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless action
that results to harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the
voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.

CLOSE EXAMINATION OF CRIME

1. Before saying that a crime has been committed, you must have a “personal
knowledge” of its actual commission or that you must have caught the offender
“in flagrante delicto”.
2. An act can only be called as crime if there is a law that defines it, prohibit its
commission, and provides punishment for its commission.
3. In a criminal act, there should be malicious intent – a harmful consequence
(oppressive outcome of an act) is an inherent result.
4. There should be a continuity of the criminal act before an offender is criminally
charged.

RELATIVITY OF CRIME

What are the changing concepts of crime and criminal laws?

1. Most of the existing laws define acts as crimes when some acts were not crimes
a few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as
crimes.
3. Interpretation and implementation of laws vary in terms of:

a. characteristics of crime c. status of offenders

b. age d. status of enforcers

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 GENERAL CLASSIFICATIONS OF CRIMES

1. As to atrocity – severity of the criminal act or offense

a. grave offense
b. less grave offense
c. minor or light offense

2. As to intent
a. crime mala in se – acts which are evil in themselves
b. crime mala prohibita – acts which are prohibited because the law has defined
it to be a crime.
3. As to Motive
a. economic crimes
b. sexual crimes
c. political crimes
d. miscellaneous crimes
4. As to Statistical Purpose
a. crimes against property
b. crimes against persons
c. crimes against morals
d. crimes against public order
e. crime against security
f. crimes against chastity
5. As to Penalty
a. crimes punishable by afflictive penalties
b. crimes punishable by correctional penalties
c. crimes punishable by light penalties

CRIMINOLOGICAL CLASSIFICATION OF CRIME

Crimes are classified in order to focus a better understanding on their

existence. Criminologists consider the following as criminological classification of
crimes.

1. Acquisitive Crime – when the offender acquires something as a consequence of

his criminal act.
2. Extinctive Crime – when the result of the criminal act is destruction.
3. Seasonal Crime – committed only at a certain period of the year.
4. Situational Crime – committed only when given a situation conducive to its
commission.
5. Episodal Crime – serial crime, committed by series of acts within a lengthy period
of time.
6. Instant Crime – committed the shortest possible time.
7. Static Crime – committed only in one place.
8. Continuing Crime – committed in several places.

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9. Rational Crime – committed with intent; offender is in full possession of his
mental faculties.
10. Irrational Crime – committed without intent; offender does not know the nature
of his act.
11. White Collar Crime – committed by a person of responsibility in the course of his
occupation.
12. Blue Collar Crime – committed by ordinary professional to maintain their
livelihood.
13. Upper World Crime – committed by individuals belonging to the upper class of
society.
14. Under World Crime – committed by members of the lower or under privilege
class of society.
15. Crime by Imitation – “copy cat” crime, committed by mere duplication of what
was done by others.
16. Crime by Passion – committed because of the fit of great emotion, such as anger
17. Occupational (service related) Crime – committed by rendering all service to
satisfy the desire of another.

OTHER CLASSIFICATION OF CRIMES

1. Traditional Crimes – crimes that are committed every now and then.
2. Crimes due to changing society (social change) – poverty crimes.
3. Emergency Crimes – crimes that are committed to take advantage of an
abnormal situation, or the nature of a social problem, or the vulnerability of a
person or group of persons.

HOW ARE CRIMES COMMITTED UNDER THE RPC?

Crimes are committed by means of:

1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence, lack of
foresight or lack of skill)
WHAT IS A VICTIMLESS CRIME?

Victimless crime refers to acts committed by consenting adults in private. In

victimless crimes, the acts involve only the participants and do not directly harm
others. Examples are: drug addiction, prostitution and gambling.

WHAT ARE INDEX CRIMES?

Index crimes are violent crimes. Criminal acts that involve threats or actual
physical harm to a victim by an offender. It presents not only offenses that we
recognize as violent (murder, rape, robbery) or other acts involving force and

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intimidation but also “violent crimes” that are commonly considered as “social
problems” such as domestic violence, child abuse, elder abuse, etc.

WHO IS A CRIMINAL?

On the basis of the definition of crime, a criminal may be defined in three ways:
1. A Criminal is a person who has committed a crime and has been convicted of
final judgment by a competent court.
2. A Criminal is a person who violated a social norm or one who acted an anti-social
act.
3. A Criminal is one who violated rules of conduct due to behavioral maladjustment.

CLASSIFICATIONS OF CRIMINALS

Based on Etiology

1. Acute Criminal – one who violates a criminal law by impulse or due to fit of
passion.
2. Chronic Criminal – one who acted with deliberation or premeditation, one who
plans the crime ahead of time.

Based on Behavioral System

1. Ordinary Criminal – considered as the lowest mammal in the criminal

profession; he was forced by opportunity pushed to commit crime.
2. Professional Criminal – one who is engaged in criminal activities with high
degree of skill; he uses crime to maintain a living

Based on Mental Attitude

1. Active Criminal – one who commits crime due to aggressiveness.

2. Passive Criminal – one who commits crime because they are forced by a
reward or promise.
3. Socialized Delinquent – individual with defective socialization process or
development thus he lacks proper moral values or ethical standards.

Other Classification of Criminals

1. Accidental Criminal – one who commits crime when the situation is conducive
2. Habitual Criminal – one who consciously developed the habit of committing
crime due to lack of self-control.

WHAT IS CRIMINAL BEHAVIOR?

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 Criminal behavior is an intentional behavior that violates the criminal law.
Criminal behavior, therefore, is beyond normal behavior since it is used to describe
conducts or actions that do not belong to the standard behavior of man.

GENERAL APPROACHES IN THE STUDY OF CRIME

There are numerous theories that must be considered in studying the causes
of crimes. There is a need, therefore, to categorize or group these theories for the
purpose of more systematic and simplified discussion. The three general groups of
criminological approaches are: subjective, objective and contemporary approaches.

SUBJECTIVE APPROACHES

Subjective approaches deal mainly on the biological explanation of crimes.

Subjective explanations are focused on identifying the forms of abnormalities that
was experienced by criminals before, during and after committing the crime. They
are the following:

1. Anthropological Approach – focused in studying the physical characteristics of

offenders in the attempt to discover physical differences between criminals and
non-criminals. (Earnest Hooton’s theory)
2. Medical Approach – the application of medical examinations on offenders in
order to explain the mental and physical condition of the individual prior and
after committing a crime. (Positivist Theory)
3. Biological Approach – the evaluation of genetics in explaining criminal
behavior; under this approach, heredity is the main factor that push people to
commit crimes. (Positivist Theory)
4. Physiological Approach – focused on the study of the nature of human beings
– how they satisfy their physical needs; this approach explains that the cause of
crimes is the deprivation of the physical body from the basic needs of life.
(Maslow’s Theory)
5. Psychological Approach – explains that development of criminal behavior
(deviations of normal behavior resulting to unpleasant emotions) is caused by
deprivation from psychological needs of man. (Theories of Freud and Maslow)
6. Psychiatric Approach – cause of the criminal behavior, according to this
approach, is mental disease as diagnosed by a trained authorized person.
(Positivist Theory)
7. Psychoanalytical Approach – explanation of crime is based on the Freudian
Theory – this theory states that criminal behavior is caused by repression
(suppression) of the basic drives. (Freud’s Theory)

OBJECTIVE APPROACHES

These approaches deal on the study of groups, social processes and

institutions as factors that influence the human behavior. They are primarily
derived from social sciences.

1. Geographic Approach – topography, natural resources, geographical location,

and climate are factors that lead a person to commit crime. (Adolph Quetelet
Theory)

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2. Ecological Approach – the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor, and social conflict are factors
that cause crime. (Ezra Park’s Theory)
3. Economic Approach – financial insecurity and inadequacy of the necessities to
support life are important factors to criminality. (Robert King Merton’s Thoery)
4. Socio-Cultural Approach – causes of crimes can be traced from the effects of
institutions, economics, education, politics, and religion to the people. (Albert
Cohen’s Theory)

CONTEMPORARY APPROACHES

Criminologists today put emphasis on scientific explanation of crime and

criminal behavior. Contemporary approaches are focused on the psychoanalytical,
psychiatric, and sociological explanations of crime in an integrated theory.
Integrated theory is an explanatory statement that combines ideas or concepts from
different sources.

THEORIES OF CRIME

Theory of crime Advocator/s Concept/s

- Individuals were thought to be
Demonological ____________ possessed by good or evil spirits,
Theory which caused good or evil.

- Children and lunatics cannot

Neo-Classical ____________ calculate pain and pleasure,
Theory therefore, must be exempted from
criminal liability.
- Utilitarian Hedonism which
Classical Theory Cesare Beccaria explains that a person always acts
and Jeremy in such a way as to seek pleasure
Bentham and avoid pain. (Bentham)
- Men are rational being who has
the freewill to choose between
good or evil. (Beccaria)
Raffaele Garofalo, - Criminals are like sick people who
Positivists Theory Enrico Ferri and requires rehabilitation rather than
Cesare Lombroso the imposition of punishment.

Anomie Theory Emile Durkheim - Crime is an important ingredient

to all healthy societies.

Psychoanalytical Sigmund Freud Crime is a symbolic expression of

Theory one’s inner tension which a person
but fails to control.

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 Somatotyping William Sheldon - Heredity is the primary
Theory determinant of one’s behavior and
- body physique is a reliable
indicator of one’s personality.
Differential Edwin Sutherland - Criminal behavior is learned
Association Theory through social interaction in the
process of communication.

Strain Theory Robert King - It maintains that the failure of a

Merton man to achieve a higher status of
life caused them to commit crimes
in order for that status or goal to
be attained.
Cartographical Adolphe Quetelet - Crimes against person increase
School of during summer and crimes
Criminology against property increase during
winter.

General Inferiority Earnest Hooton - Criminals are originally inferior

Theory and that crime is the result of the
impact of the environment.
Evolution Theory Charles Darwin - Humans, like other animals, are
parasites.
- Man is an organism having an
animalistic behavior that is
dependent on other animals for
survival. Thus, man kills and
steals to live.

Labeling Theory Frank - Behavior becomes criminal if it is

Tannenbaum, labeled as such.
Edwin Lemert and
Howard Becker

Differential Lloyd Ohlin - It explains that society leads the

Opportunity Theory lower class to want things and
society does things to people.

Human Ecology Robert Ezra Park - It maintains that crime is a

Theory function of social change that
occurs along with environmental
change.
- It maintains that isolation,
segregation, competition, conflict,
social contract, interaction and
social hierarchy of people are the

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 major influences of criminal
behavior and crimes.

Containment Walter Reckless - This theory is a form of control,

Theory which suggests that a series of
both internal and external factors
contributes to criminal behavior.

Social Class Karl Marx, - It claims that the ruling class in a

Conflict and Frederick Engel capitalist society is responsible for
Capitalism Theory and William the creation of criminal law and
Bonger their ideological bases in the
interpretation and enforcement of
their laws.
Subculture Theory Albert Cohen - He claims that the lower class
cannot socialize effectively as the
middle class in what is considered
appropriate middle class behavior.
Thus, the lower class gathers
together to share their common
values forming a subculture that
rejects middle class values.

Neutralization Gresham Sykes - It maintains that an individual will

Theory obey or disobey societal rules
depending upon his or her ability
to rationalize whether he is
protected from hurt or
destruction.

CHAPTER THREE
VICTIMOLOGY

Victimology is the study about victims of crime. It is a branch of Criminology

that deals purely on the underlying factors (BASIC INGREDIENT / FUNDAMENTAL
ELEMENT) of victimization and the contributory role of the victims in the commission
of crimes.
Victimology, being the study of “crime targets”, showed that a person
becomes a victim of crime consciously (knowingly) and unconsciously
(unknowingly). A person could become a victim due to his own action or fault. He
somehow contributes to the commission of crime because of his own making. The
effects of crime differ from one person to another.. Crime can result to:
financial loss property damage
physical injury death
Sometimes more devastating effects are the psychological wounds after the
crime, wounds that may never heal.
In an attempt to prevent victimization, individuals may move, restrict their
daily activities, or purchase expensive security measures. Billions of money and

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man power are being extended by governments to apprehend and punish offenders,
yet we have only started recently to focus our attention on the victims of the crime.
Criminal victims could be key actors in criminal justice process, but more often
they are kept at the discussion. The victim of crime often becomes the FORGOTTEN
PERSON of the criminal justice system while the criminal is the celebrity. Victims are
only valued for their capacity to report crimes and to appear in court as witnesses.

TYPOLOGY OF CRIMINAL VICTIMS

GENERAL CLASSES OF VICTIMS

Based on the classification of Hans Von Hentig, a European lawyer)

1. The Young - the weak by virtue and immaturity
2. The Female – often less physically powerful and easily dominated by
males.
3. The Old – the incapable of Physical defense and the common object of
confidence scheme.
4. The Mentally Defective – those that are unable to think clearly.
5. The Immigrant – those that are unsure of the rules of conduct in the
surrounding society.
6. The Minorities – racial prejudice may lead to victimization or unequal
treatment by the agency of justice.

PSYCHOLOGICAL TYPES OF VICTIMS

1. The Depressed – submissive person by virtue of emotional condition

2. The Acquisitive or Greedy – person who wants more that what is
sufficient
makes a natural victim of crime.
3. The Wanton or Overly Sensual - person ruled by passion and
thoughtlessly seeking pleasure.
4. The Lonesome – person who eventually becomes a victim by virtue of
wanting companionship or affection
5. The Heartbroken – one who is emotionally disturbed by virtue of
heartaches and pains.
6. The Tormented – a victim who asked for it, often from his own family or
friend.

OTHER TYPES OF VICTIMS

Benjamin Mendelsohn, a European defense attorney created his own

classification of victim types. This includes the following six categories:

1. The completely innocent victim – such a person is an ideal victim in popular

perception. In this category placed persons victimized while they were
unconscious, and the child victims.
2. Victims with only minor guilt and those victimized due to ignorance.
3. The victim who guiltier than the offender – this category was described as
containing persons who provoked the criminal or actively induced their own
victimization.

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 4. The most guilty victim “who is guilty alone” – an attacker killed by a would be
victim in the act of defending themselves were placed in this category.
5. The imaginary victim – those suffering from mental disorders, or those
victims due to extreme mental abnormalities.

Benjamin Mendelsohn is generally credited as the initiator of the word

VICTIMOLOGY as well as the concept of PENAL COUPLE. Penal couple is a term that
describes the relationship between the victim and the criminal. He also coined the
term VICTIMAL to describe the victim counterpart of the criminal, and the word
VICTIMITY, which signified the opposite of criminality.
Another class of victim is the ‘LOSER’ or one who is initially the attacker but
later, the situation is reversed. An example could be the case of a mugger or a bully
who ends up injured or a swindler becomes swindled.

DYNAMICS OF VICTIMIZATION

There are a number of procedural models which can be applied to the

study of the victimization process for the purpose of understanding the
experience of victims.

1. “Victims of Crime Model” (by Bard and Sangrey). According to this

model, there are three stages involved in any victimization:

a. Stage of Impact & Disorganization – stage during and immediately

following the Criminal event
b. Stage of Recoil – stage during which the victim formulates
psychological defenses and deals with conflicting emotions of guilt, anger,
acceptance, and desire of revenge (said to last three to eight months),
c. Reorganization Stage – stage during which the victim puts his or her
own life back to normal daily living.

* Some victims , however may not successfully adopt the victimization

experience and a maladaptive reorganization stage may last for many years.
2. “Disaster Victim’s Model ” – this model was developed to explain the
coping behavior of victims of natural disaster. According to this model, there
are four stages of victimization:

a. Pre-Impact – stage describe the victim’s condition prior to being

victimized
b. Impact – the stage at which victimization occur
c. Post- Impact – stage which entails the degree and duration of personal
and social disorganization following victimization.
d. Behavioral Outcome – stage that describes the victim’s adjustment to
the victimization experience

FACTORS OF VICTIMIZATION
1. Hedonism
2. Materialistic Culture
3. Sex Values

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 4. Decay of Discipline
5. Public Morality

CHAPTER FOUR
OVERVIEW OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

Criminal Justice System is the machinery used by the government to prevent and
control crimes.

PILLARS OF THE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
 It is the prime mover of the Criminal Justice System
 An agency of the government responsible in maintenance of peace and order,
protection of lives and properties, ensure public safety, enforcement of laws
and ordinances, apprehension of offenders, and investigation of cases.

2. Prosecution
 It is a process whereby accusations are brought before the court of justice.

3. Court
 It is a body vested with the power to try, hear and decide cases.

4. Correction
 It is considered as the weakest pillar of the Criminal Justice System.
5. Community

INTRODUCTION TO LAW ENFORCEMENT ADMINISTRATION

Police
An agency of the government responsible in the protection of lives and
properties, ensure public safety, maintain peace and order, enforcement of
laws and ordinances, apprehension of offenders and investigation of criminal
cases.

Organization
A group of persons with common goals and objectives.

Police Organization
A group of trained personnel working together to maintain peace and order,
ensure public safety and protect lives and properties.

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Police Administration
It refers to the cooperative human effort to achieve organizational goals and
objectives.

Legal Bases:

1. Republic Act No. 6975

It is otherwise known as the DILG Act of 1990 or the PNP Law of 1991.
It was signed into law on December 13, 1990.
It paved the way for the creation of the following agencies: Philippine
National Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail
Management and Penology (BJMP), and Philippine Public Safety College
(PPSC).

2. Republic Act No. 8551

It is otherwise known as the PNP Reform and Reorganization Act of 1998.
It was signed into law on February 25, 1998.
It provides for the reorganization of the Philippine National Police (PNP) which
is national in scope and civilian in character.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

Investigation
Systematic examination of facts and circumstances.
Search for truthful or factual information
It was derived from the Latin word “vestigare” which means to track or to
trace or to probe.

Criminal Investigation
A lawful search for people and things useful in reconstructing the
circumstances of a crime and the mental state accompanying it.
An art which deals with the identity and location of the offender and provide
evidence of his guilt in a criminal proceeding.

Criminal Investigation as an Art

It is an art because it is not governed by rigid rules or fixed legal procedures
but most often based on intuition and sometimes by chance.
Criminal Investigation as a Science
It is a science in the sense that it applies technical knowledge on forensic
sciences in identifying, locating, collecting, processing or evaluating physical
evidence.

6 Cardinal Points in Criminal Investigation

1. What offense has been committed?

2. Where was the offense committed?
3. Who committed the offense?

16
4. When was the offense committed?
5. Why was the offense committed?
6. How was the offense committed?

Importance of Criminal Investigation

1. It is part of understanding the problem on crimes and criminals and provide

for the solutions in crime prevention.
2. It helps the five pillars of the criminal justice system in recognizing and
identifying criminals and provides clues or information in promoting social
justice.
3. It is an aid in enforcing the laws and the protection of lives and properties.

TOOLS IN CRIMINAL INVESTIGATION

1. Information
Data gathered by an investigator from various sources such as persons
including the victim himself and from public records, private records and
modus operandi file.

2. Interview
Friendly and simple questioning of a person who is willing to divulge
information.

3. Interrogation
It is the skillful and vigorous questioning of a person who is reluctant to
divulge information.

4. Instrumentation
It is the scientific examination of real evidence, application of instrument and
methods of physical sciences in crime detection.

The Golden Rule of Criminal Investigation

“Thou shall not touch, more nor alter anything in the crime scene unless it is
properly photographed, measured and sketched or otherwise preserved so as not to
destroy or contaminate the important criminal things.”

CHAPTER FIVE
INTRODUCTION TO CRIMINALISTICS

CRIMINALISTICS OR FORENSIC SCIENCES

17
 It is a sub field of Criminology that deals with the study of “criminal things” –
those that are left behind by the criminal in the scene of the crime which have
significance in criminal investigation.

WHAT IS THE DISTINCTION BETWEEN CRIMINOLOGY AND A

CRIMINALISTICS?

1. Criminology is a social science while Criminalistics is an applied science.

2. Criminology deals more on theories while Criminalistics use practical and
technological theories.
3. Criminology is the study of criminal people while Criminalistics is the study of
criminal things.
A Criminologist is distinct from a Criminalist.

Who is a Criminalist?

A CRIMINALIST is a person who is trained in the application of instruments and

methods essential in detecting and investigating crimes.

DIVISIONS OF CRIMINALISTICS

1. Scientific Divisions
a. Chemistry
b. Psychiatry
c. Biology

2. Technological Divisions
a. Forensic Dactyloscopy
b. Forensic Photography
c. Forensic Ballistics
d. Questioned Document Examination
e. Forensic Medicine
f. Polygraphy

PERSONAL IDENTIFICATION

Dactyloscopy, defined
It is the identification of a person through the examination and comparison of
fingerprint.
It was derived from the Greek word:
Dactylos – a finger
Skopien – to examine

Fingerprint, defined
The production of a pattern or design formed by ridges on the inside of the
joint of a finger.

Sir Edward Richard Henry – considered as the Father of Fingerprint Science

BRANCHES OF DACTYLOSCOPY

18
1. Chiroscopy – science of dactyloscopy which deals with the study of the palms of
the hand.
It was derived from the Greek words: cheir – a hand, and skopien – to examine.
2. Podoscopy – branch of science of dactyloscopy which deals with the study of the
sole of the foot.
It was derived from the Greek words: podo – foot, and skopien – to examine.
3. Poroscopy – branch of science of dactyloscopy which covers the study of the
sweat pores found in the friction skin.
It was derived from the Greek words: poros – pores, and skopien – to examine.

THREE UNIVERSAL PRINCIPLES OF FINGERPRINT

1. Infallibility – it will not fail

2. Permanency – conclusive and permanent, unchangeable
3. Individuality – no two persons have exactly the same fingerprints

FORENSIC PHOTOGRAPHY

Photography, defined
It is a science or art of obtaining images on a sensitized material by the action of
electromagnetic radiation or rays thru the use of a camera and its accessories and
the chemical process involved therein.
It was derived from the Greek words:
Photo – means light
Graphos – means to draw or chart or sketch

Police Photography, defined

It is the science which deals with the study of the principles of photography
and the preparation of photographic evidence and its application to police work.

Objectives of Police Photography

1. To produce a pictorial record of everything pertaining to the crime.

2. To help in keeping the police officer’s memory accurately as possible as to where
he find things.
3. To help in securing and obtaining confession, disposition and information relating
to the case.

Importance of Forensic Photography

1. Small objects but of great importance in a crime committed may escape in the
first phase of examination by the investigator but maybe seen and recorded on
the photograph.
2. A good photograph of the scene is a permanent record which is always available
especially in court presentation, in court proceeding, fiscals and defense lawyers
have generally never visited the scene of the crime.

19
 * As a general rule, take many photograph of the crime scene and select the
best.
3. Used as an aid by investigator to describe in court some of the details of the
crime scenes they have investigated several months ago, the small details and
exact locations of objects.
4. To assists the investigators in using photographic equipment and techniques in
their effort to solve crimes.

Uses of Photography in Police Work

1. Identification – this is the very first use of photography in police work. Use to
identify criminals, missing persons, lost property, licenses, anonymous letters,
bank checks, laundry marks, and the civilian or personnel fingerprint
identification files.
2. Communication and micro films files – investigative report files, accident files,
transmission of photos (wire photos) photographic supplement to reports with
modern day electro-photography machines.
3. Evidence – crime scenes, traffic accidents, homicides, suicides, fires, objects of
evidence, latent fingerprints, evidential traces can frequently be improved by
contrast control (lighting, film and paper filters) by magnification
(photomicrography, photomicrography) by invisible radiation (infra-red,
ultraviolet, x-rays).
4. Offender detection – surveillance, burglar traps, confessions, re-enactments of
crimes.
5. Court exhibits – demonstration enlargements, individual photos, projection
slides, motion pictures.
6. Reproduction or copying – questionable checks and documents, evidential
papers, photographs, official records and notices.
7. Personnel Training – photographs and film relating to police tactics, investigation
techniques, mob control, and catastrophe situation.
8. Crime and fire prevention hazard – lectures, security clearance detection
devices, photos of hazardous fire conditions made when prevention inspections
are made.
9. Public Relations – film pertaining to safety programs, juvenile delinquency, traffic
education, public cooperation and civil defense.

POLYGRAPHY (Lie Detection)

Polygraphy
- is the scientific method of detecting deception with the use of a polygraph
instrument. Polygraphy is the new name of LIE DETECTION.

Polygraph
- is a scientific diagnostic instrument used to record physiological changes
in the blood pressure, pulse rate, respiration and skin resistance of an
examinee under controlled condition.
68
Principal Uses of the Polygraph
1. Aid in investigation

20
 2. Speeds up processing of investigation
3. Eliminates innocent suspects.
4. Pre-employment screening.
5. Honesty test

FORENSIC/LEGAL MEDICINE

Legal Medicine
- is a branch of medicine, which deals with the application of medical
knowledge to the purpose of law and in the Administration of justice.

Types of Medical Evidences:

Real Evidence – this is evidence made known or addressed in the sense of the
court. It is not limited to that which is known through the sense of vision but it is
extended to what the sense of hearing, taste, smell and touch perceived.

Testimonial Evidence – a person maybe commanded to appear before the court

to give his testimony. While in the witness stand, his obligation is to answer the
question propounded by counsel and presiding officer of the court, his testimony
must be given orally and under oath or affirmation.

Documentary Evidence – a document is an instrument on which is recorded by

means of letter, figure or make intended to be used to the purpose of recording that
matter which may be evidentially used . The term applies on writing, to word
printed, lithograph or photograph.

Experimental Evidence – a medical witness maybe allowed by the court to

confirm his allegation or as a corroborated proof to an opinion he previously stated.

Physical Evidence – these are articles and materials which are founded in
connection with evidence and which aid in establishing the identity of the
perpetrator or the circumstances under which the crime was committed, or in
general assist \, in the prosecution of the criminal.

FORENSIC BALLISTICS

Ballistics
- the science of the motion of projectiles.
- Refers the science of firearm identification.
-
Branches of Ballistics

1. Interior – the branch of this science, which has something to do with the
properties and attributes of the projectile while still inside the gun. This
extends from the breech to the muzzle of the gun.
2. Exterior – the branch of this science, which has something to do with the
attributes and movements of the bullet after it has left the gun muzzle.

21
 3. Terminal – it is the branch of this science that deals with the effects of the
impact of the projectile on the target.
4. Forensic Ballistics- this branch of this science involves the investigation and
identification of firearms by means of the ammunitions fired through them.

FORENSIC QUESTIONED DOCUMENT EXAMINATION

DOCUMENT
- Any material containing marks, symbols, or signs that may present or
ultimately convey a meaning to someone.
- Latin word- ”documentum”- lesson/example
- French word- “docere”- to teach

QUESTIONED DOCUMENT
- One in which the facts appearing therein may not be true, and are contested
either in whole or in part.

KINDS OF DOCUMENT

Public document - notarized by a notary public

Official document – issued by the government
Private document – executed by a private person
Commercial document – executed in accordance with the code of commerce

22
 CHAPTER SIX
INTRODUCTION TO CRIMINAL LAW

CRIMINAL LAW
A branch or division of law which defines crimes treats of their nature and
provides for their punishment.

What is the primary source of Philippine Criminal Law?

- Revised Penal Code ( Act # 3815)

WHEN DID IT TOOK EFFECT?

- January 1, 1932

The R.P.C. consists of two books, namely

- Book one ( principles affecting criminal liability, penalties and liabilities)

- Book two (list of felonies)

PARTS OF THE R.P.C.

a. Principles affecting Criminal Liability (Arts. 1-20 of Book 1)

b. Penalties including liability (Arts. 21 to 113 of Book 1)
c. Specific Felonies and their Penalties classified and grouped under 14 titles
(Arts. 114-366 of Book 2)

What are Felonies?

Acts or omissions defined and punished by the Revised Penal Code

CHARACTERISTICS OF CRIMINAL LAW

GENERALITY- the law is binding upon all persons who reside or sojourn in the
Philippines.
TERRITORIALITY- the law is applicable to all crimes committed within the limits of
Philippine territory.
PROSPECTIVITY/IRRETROSPECTIVITY
- That the law does not have any retroactive effect.

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 - A penal law cannot make an act punishable in a manner in which it was not
punishable when committed. Crimes are punished under the law in force at
the time of their commission.

“Lex prospicit non respicit”

- The law looks forward, not backward
- Laws are prospective or are intended for future application

What is an ex post facto law?

- A law that is retroactive and punishes an act which is not punishable when
committed.

Exception to the prospective application of Criminal Law

- Whenever a new law dealing with crime establishes conditions more lenient
or favorable to the accused.
-
Exceptions to the exception
- Where the new law is expressly made inapplicable to pending actions or
existing causes of actions.
- Where the offender is a habitual delinquent/criminal

Habitual delinquent
- A person shall be deemed a habitual delinquent if within a period of ten years
from the date of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, or falsification he is found
guilty of any of said crimes a third time or oftener.

REVISED PENAL CODE of the PHILIPPINES

Book Two – Crimes and Penalties
Articles 114-367

TITLE I- Crimes Against National Security and the Law of Nation. (Art. 114-123)
TITLE II- Crimes Against the Fundamental Laws of the State. (Art. 124-133)
TITLE III- Crimes Against Public Order. (Art. 134-160)
TITLE IV- Crimes Against Public Interest. (Art. 161-189)
TITLE V- Crimes Relative to Opium and Other Prohibited Drugs. (Art. 190-194)
TITLE VI- Crimes Against Public Morals. (Art. 195-202)
TITLE VII- Crimes Committed by Public Officers. (Art. 203-245)
TITLE VIII- Crimes Against Persons. (Art. 246-266)
TITLE IX- Crimes Against Personal Liberty and Security. (Art. 267-292)
TITLE X- Crimes Against Property. (Art. 293-332)
TITLE XI- Crimes Against Chastity. (Art.333-346)
TITLE XII- Crimes Against the Civil Status of Persons. (Art. 347-352)
TITLE XIII- Crimes Against Honor. (Art. 353-364)
TITLE XIV- Quasi-offenses. (Art. 365)

SPECIAL PENAL LAWS

- Penal law which punishes acts NOT defined and punished by the revised
penal code

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 - It is a statute enacted by the legislative branch, penal in character which is
not an amendment of the Revised Penal Code.
- Offenses which are or in the future maybe punishable under the special penal
laws are not subject to the provisions of the Revised Penal Code.

“LEX SPECIALIS DEROGANT GENERALI”

- Special Penal Law prevails over the Revised Penal Code

R.P.C. rules are not applicable to S.P.L.

Art. 6- attempted and frustrated stages of execution.
Art. 8- conspiracy and proposal to commit felony
Art. 18 and 19- accomplices and accessories
Art. 13 and 14- mitigating and aggravating circumstances
Art. 64- rules for the application for the application of penalties with 3
periods.

EXCEPTION: Only if the S.P.L. allows or there is a provision in the S.P.L. allowing
such rules to be applied.

INTRODUCTION TO CRIMINAL EVIDENCE

EVIDENCE
A means sanctioned by law of ascertaining in a criminal proceeding a truth
respecting a matter of fact.

Admissibility of evidence
Evidence is admissible when it is relevant to the facts in issue and not excluded by
law.

*Evidence is relevant if it has a direct connection to the fact in issue and Competent
if it is not excluded by law.

CRIMINAL PROCEDURE

The methods prescribed by law for the apprehension and prosecution of

persons accused of any criminal offense and for their punishment in case of
conviction [and aquittal if proven innocent.]

SOURCES OF CRIMINAL PROCEDURE

- Part III, Rule 110-127, of the Rules of Court of the Philippines. (main bulk)
- 1987 Phil. Constitution, more particularly Art. III (Bill of Rights)
- B.P. 129 (Judiciary Reorganization act of 1980)
- Various acts passed by legislature like Presidential Decrees, Executive Orders
- Decision of Supreme Court

CRIMINAL LAW vs. CRIMINAL PROCEDURE

25
Substantive law
- It defines crimes, treats of their nature and provide for their punishment.
- Declares what acts are punishable

- Remedial law
- Provides for the method by which a person accused of crime is arrested, tried
and punished
- Provides how the acts are to be punished

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 INTRODUCTION TO CORRECTION

Penology is the study of punishments for the crime or of the criminal

offenders. It includes the study of control and prevention of crime through
punishment of criminal offenders. It is a term derived from the Latin word
“poena” which means pain or suffering.
Penology is also otherwise known as Penal Science. It is actually a
division of criminology that deals with prison management and the
treatmentliof offenders and concerned o with the philosophy and practice of
society in its effort to repress criminal activities.

Penal Management
It is the manner or practice of managing or controlling places of
confinement as in jails or prisons.

Correction
A branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders. It is the field of criminal
justice administration, which utilizes the body of knowledge and practices of
the government and the society in the general involving these of processes of
handling individuals who have been convicted of offense for purposes of
crime prevention and control.

Correction as a Process
Correction as a process is the reorientation of the criminal offender to
prevent him or her from repeating his delinquent actions without necessity of
taking punitive action but rather introduction of individuals measures of
reformation.

Correction Administration
It is the study and practice of a systematic management in jails or
prisons and other institutions concerned with the custody, treatment, and
rehabilitation of criminal offenders.

Punishment and the Criminal

Punishment is the redress that the state takes against an offending

member of the society that usually involves pain and suffering. It is also the
penalty imposed on an offender on an offender for a crime or wrongdoing.

ANCIENT FORMS OF PUNISHMENT

Death Penalty
It is effected by burning, beheading, hanging, breaking at the wheels,
pillory and other forms of medieval executions.

Physical Torture
It is effected by maiming, mutilation, whipping and other inhumane or
barbaric forms of inflicting pain.

Social Degradation
Putting the offender into shame and humiliation.

Banishment or exile
The sending or putting away of an offender which was carried out
either by prohibition against coming into a specified territory such as an
island to where the offender has been removed.

Slavery and Transportation

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 CONTEMPORARY FORMS OF PUNISHMENT

IMPRISONMENT
Putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners
by requiring them to undergo institutional treatment programs

PROBATION
It is the disposition whereby a defendant after conviction of an offense,
the penalty of which does not exceed 6 years of imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.

PAROLE
A conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.

FINE
An amount given as a compensation for a criminal act

DESTIERRO
The penalty of banishing a person from the place where he committed
a crime, prohibiting him to enter the 25 kilometer radius but not more than
250 km.

JUSTIFICATION OF PUNISHMENT

RETRIBUTION
The punishment should be provided by the state whose is violated, to afford
the society or the individual the opportunity of imposing upon the offender
suitable punishment as might be enforced. Offenders should be punished
because they deserve it. It is the redress in the form of personal vengeance.

EXPIATION/ATONEMENT
It is the punishment of group vengeance of which the purpose is to appease
the offended public or group.

DETERRENCE
Thepunishment gives lesson to the offender by showing to others what
would happen to them if they violate the law. The punishment are imposed to
warn potential offenders that they can not afford to do what the offender has
done.
 When the theory refers to the specific offender who committed the
crime it is known as specific deterrence.
 General deterrence describes the effect that punishment has when it
serves as a public example or threat that deters people other than the
initial offender from committing similar crimes.

INCAPACITATION and PROTECTION

The public will be protected if the offender has being held in conditions
where he cannot harm others. By putting the offender in prison, society is
protected from his further criminal depredation.

REFORMATION/REHABILITATION

28
 It is the establishment of the usefulness and responsibility of the
offender.

PENALTY
It is the suffering inflicted by the state against an offending member for the
transgression of law.

JURIDICAL CONDITION OF PENALTY

PRODUCTIVE OF SUFFERING - Without however affecting the human

personality
COMMENSURATE WITH THE OFFENSE - different crimes must be punished
with different penalties
PERSONAL - the guilty one must be the one to be punished
LEGAL - the consequences must be in accordance with the law
EQUAL - equal for all persons
CERTAIN - no one must escape its effect
CORRECTIONAL - changes the attitude of the offender and become a law
abiding citizen

EARLY FORMS OF PRISON DISCIPLINE

Hard Labor- productive works

Deprivation- deprivation of everything except the essentials of existence
Monotony- giving the same food that is “off diet”, or requiring the prisoner
to perform drab or boring daily routine
Uniformity- “we treat the prisoners alike”, “the fault of one is the fault of
all”
Mass Movement- mass living in cellblocks, mass eating, mass recreation,
mass bathing
Degradation- uttering insulting words or languages on the part of the prison
staff to the prisoners to degrade or break the confidence of prisoners
Corporal punishment- imposing brutal punishment or employing physical
force to intimidate a delinquent inmate
Isolation or solitary confinement- non-communication, limited news, “the
lone wolf”

EXECUTIVE CLEMENCY

AMNESTY
A general pardon extended to a group of person, such as political
offenders to bring about the return of dissidents to their home and to restore
peace and order in the community.

REPRIEVE
The temporary stay of the execution of sentence especially the
execution of death sentence.

PARDON
An act of grace extended to prisoners as a matter of right, vested to
the chief executive as a matter of power.

COMMUTATION OF SENTENCE

29
 An act of the president changing or reducing a heavier sentence into a
lighter offense or a longer term into a shorter term.

PRISON AND JAIL

PRISON
It is a penitentiary, an institution for the incarceration of persons
convicted of major or serious crimes.

THE PHILIPPINE PRISON SYSTEM

National Bilibid Prison (Muntinlupa Rizal)

- New Bilibid Prisons
- Camp Sampaguita
- Camp Bukang Liwayway

THE PENAL COLONIES

SAN RAMON PRISON and PENAL FARM

- located at Zamboanga
- the confinement of political offenders
- named after Capt. Ramon Blanco

IWAHIG PENAL COLONIES

- located at Puerto Princesa, Palawan
- 36,000 Hectares total land area
- one of the best “open institution”, only mutual trust and confidence of
wards and prison authorities keep them together, there being no walls.

Sub-colonies:
-Montible
-Inagawan
-Sta. Lucia
-central ( main )

THE CORRECTIONAL INSTITUTION FOR WOMEN

- established by ACT 3579
- located at Mandaluyong
- managed by female peronnel
- confinement of female offenders

DAVAO PENAL COLONY

- founded by Gen. Paulino Santos
- used was used as a concentration camp for American prisoners of war
- at present, it is a combination of medium and minimum type of
institution

SABLAYAN PENAL COLONY

- located at San Jose, Occidental Mindoro

30
 - an open or minimum security type penal institution
-established on 1954

ILO-ILO PENAL COLONY and FARM

- located at Ilo-ilo province

LEYTE REGIONAL PRISON

- located at Abuyog, Leyte

JAIL

A place for locking-up of persons who are convicted of minor offenses

or felonies who are to serve sentences imposed upon them by a competent,
or for confinement of persons who are awaiting trial or investigation of their
cases.

TYPES OF JAIL

LOCK-UP JAILS
Is a security facility, common to police stations used for temporary
confinement of an individual held for investigation.

ORDINARY JAILS
Commonly used to detain a convicted criminal offender to serve
sentence less than three years.

WORKHOUSES, JAIL FARMS OR CAMP

A facility that houses minimum custody offenders who are serving
short sentences or those who are undergoing constructive work programs. It
provides full employment of prisoners, remedial services and constructive
leisure time activities.

PRISONER
A person who is detained/confined in jail or prison for the commission
of a criminal offense or convicted and serving in a penal institution. A person
who by reason of his criminal sentence or by a decision issued by a court,
maybe deprived of his liberty or freedom.

GENEREAL CLASSIFICATION OF PRISONERS

DETENTION PRISONER
- those detained for investigation, preliminary hearing or awaiting trial.

SENTENCED PRISONER
- offenders who are committed to the jail or prison in order to serve
their sentence after final conviction by a competent court.

PRISONERS WHO ARE ON SAFEKEEPING

- includes non-criminal offenders who are detained in order to protect
the community against their harmful behavior.

CLASSIFICATION OF SENTENCED PRISONER

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INSULAR/NATIONAL PRISONER
- those sentenced to suffer a term of imprisonment from 3 years 1 day
to life imprisonment

PROVINCIAL PRISONER
- sentenced to suffer a term of imprisonment from 6 months 1 day to 3
years or a fine of not more than 1,000 pesos, or both

CITY PRISONER
- sentenced to suffer a term of imprisonment from 1 day to 3 years or
a fine of not more than 1,000 pesos

MUNICIPAL PRISONER
- confined in municipal jails to serve an imprisonment from 1 day to 6
months

CLASSIFICATION OF PRISONERS
ACCORDING TO THE DEGREE OF SECURITY

SUPER MAXIMUM SECURITY PRISONERS

A special group of prisoners composed of incorrigible, intractable, and
highly dangerous persons who are the source of constant disturbance even in
a maximum security prison. They wear orange uniform.

MAXIMUM SECURITY PRISONERS

It is the group of prisoners whose escape could be dangerous to the
public or to the community of the state. It consist of constant troublemakers
but not as dangerous as the super maximum security prisoners. They occupy
the new bilibid prison main building. They wear orange uniform

MEDIUM SECURITY PRISONERS

Those that can not be trusted in open conditions and pose lesser
danger than maximum-security prisoners incase they escape. It consists of
groups of prisoners who maybe allowed working outside the fence or walls of
the penal institution under guards or with escorts. They occupy the medium
security prison (camp sampaguita). They wear blue uniform.

MINIMUM SECURITY PRISONERS

It is a group of prisoners who can be reasonably trusted to serve under
“open conditions”.
This groups include prisoners who can be trusted to report to their
work assignments without the presence of guards. They occupy the minimum
security prison (camp bukang liwayway). They wear brown color uniform

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 CHAPTER SEVEN
REPUBLIC ACT NO. 6506 – AN ACT CREATING THE BOARD OF
EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES AND FOR
OTHER PURPOSES

Qualifications for Examination – Any person applying for examination and

for a certificate, shall, prior to admission to examination, establish to the
satisfaction of the Board that:

a. He is at least eighteen years of age and a citizen of the Philippines;

b. He must be a person of good moral character, as certified to by at
least three persons of good standing in the community wherein he
resides;
c. He must not have been convicted of a crime involving moral
turpitude; and
d. He has graduated in Criminology from a school, college or institute
recognized by the Government after completing a four-year resident
collegiate course leading to the degree of Bachelor of Science
Criminology (BS Criminology): provided, that holders of Bachelor of
Laws degree may, within five years after the approval of this Act, take
this examination after completing at least ninety – four (94) units
Criminology, Law Enforcement, Police Science and Penology subjects.

Criminologist is any person who is a graduate of the Degree of Criminology if

he holds himself out to the public in any of the following capacities:

1. As a professor, instructor or teacher in Criminology in any university,

college or school duly recognized by the government and teaches
any of the following subjects: (a) Law Enforcement, (b)
Criminalistics, (c) Correctional Administration, (d) Criminal Sociology
and allied subjects, and (e) other technical and specialized subjects
in the Criminology curriculum provided by the Department of
Education.
2. As law enforcement administrator, executive adviser, consultant or
agent in any government or private agency.
3. As technician in dactyloscopy, ballistics, questioned documents,
police photography, lie detection, forensic chemistry and other
scientific aspects of crime detection.
4. As correctional administrator, executive supervisor, worker or office
in any correctional and penal institution.

33
5. As counselor, expert, adviser, researcher in any government or
private agency on any aspects of criminal research or project
involving the causes of crime, juvenile delinquency, treatment of
offenders, police operations, law enforcement administration,
scientific criminal investigation or public welfare administration.

34