Sei sulla pagina 1di 197

Law Enforcement Administration

Administration of Police Organization


Police - one of the pillars of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
- comes from Latin "politia"-civil administration which itself derives from the ancient
Greek police "city"

Administration - an organizational process concerned with the implementation of objectives


and plans and internal operating efficiency.

Organization - a group of persons working together for a common goal or objectives.

Police Organization - a group of trained personnel in the field of public safety administration
engaged in the achievement of goals and objectives that promotes the maintenance of peace and
order, protection of life and property, enforcement of the laws and the prevention of crimes.

Enforcement - means to compel obedience to a law, regulation or command.

Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.

Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.

Supervision - means the act of watching over the work or tasks of the members of the organization to
ensure that desired results are achieved.

Management - the process of directing and facilitating the work of people organized in formal
groups in order to achieve objectives. Judicious or wise use of resources
(manpower, material, money ,equipment, supplies and time).

Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience upward,
through the department.

Authority - the right to command and control the behavior of employees in lower positions within an
organizational hierarchy. Must be viewed in terms of prescribed roles rather than of individuals.
A particular position within the organization. Carries the same regardless of who occupies that position.

Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting

Principles of efficient Management

* Division of work - work specialization can increase


efficiency with the same amount of effort.
* Authority and Responsibility- authority includes the
right to command and the power to require
obedience. One can not have authority without
responsibility.

* Discipline - necessary for an organization to function


effectively, however, the state of the disciplinary
process depends upon the quality of its leaders.

* Unity of Command - subordinate should receive


orders from one superior only.

* Scalar Chain - the hierarchy of authority is the order


of ranks from the highest to the lowest levels of the
organization. Shows the vertical hierarchy of the
organization which defines an unbroken chain of
units from top to bottom describing explicitly the
flow of authority.

Organizational Units in the Police Organization

1. Functional Units

Bureau - the largest organic functional unit within a


large department; comprised of several divisions.

Division - a primary subdivision of a bureau.

Section - functional unit within a division that is


necessary for specialization.

Unit - functional group within a section or the


smallest functional group within an organization.

2. Territorial Units

Post - a fixed point or location to which an officer is


assigned for duty.

Route - a length of streets designated for patrol


purpose, also called line beat.

Beat - an area designed for patrol purposes


whether foot or motorized.

Sector - an area containing two or more beat,


route or post.

District - a geographical subdivision of a city for


patrol purposes, usually with its own station.
Area - a section or territorial division of a large city
each comprised of designated districts.

EVOLUTION OF THE POLICING SYSTEM

ORIGIN OF THE WORD “POLICE”

POLITEIA – Greek word which means government of the city

POLITIA – Roman word which means condition of the state or government

POLICE – French word which was later adopted by the English language

THEORIES OF POLICE SERVICE


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

2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.

CONCEPTS OF POLICE SERVICE

1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than
trying to prevent them from committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.

EARLY POLICING SYSTEM

1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
city), which had the primary task of firefighting and
policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.

MODERN POLICING SYSTEM

1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
replaced by his blind brother, John Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in
London England, called the Metropolitan Police
Service.
- this law was passed through the initiative of Sir
Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service
is the Scotland Yard, now known as the New
Scotland Yard

SIR ROBERT PEEL - recognized as the father of modern policing system.

2. UNITED STATES OF AMERICA


a. NEW YORK POLICE DEPARTMENT
- created in 1845 in New York, USA
- recognized as the first modern style police
department in the US.
- the largest police force in the world
- modeled after the Metropolitan Police Service of
London
b. BOSTON POLICE DEPARTMENT
- the oldest police department in the US
- the first night watch was established in Boston in
1631.
- formally founded in May, 1854.

AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his contributions
in the development of the field of criminal justice in the US
- author of the book, Police Administration, which
served as the basic guide in the administration of the
police organization in the US
- was the first police chief of Berkeley, California.

Important Personalities in the Evolution of Philippine Policing

Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.

Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.

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

Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.
HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF
1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF 1998 and RA 9708

A. THE DEPARTMENT OF THE INTERIOR AND LOCAL


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

ORGANIZATION: - consist of:


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

- the PPSC, PNP, BFP and BJMP were created under RA


6975
- headed by the Secretary to be appointed by the
President and who shall serve at the pleasure of the
President
- the Secretary shall be assisted by two (2)
Undersecretaries and three (3) Assistant Secretaries
a) Undersecretary for Local Government
b) Undersecretary for Peace and Order
- No retired or resigned military officer or police
official may be appointed as Secretary within one
(1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the
National Police Commission

POWERS AND FUNCTIONS OF THE DILG


1. Assist the President in the exercise of general
supervision over local governments;
2. Advise the President in the promulgation of policies,
rules, regulations and other issuances on the general
supervision over local governments and on public
order and safety;
3. Establish and prescribe rules, regulations and other
issuance's implementing laws on public order and
safety, the general supervision over local
governments and the promotion of local autonomy
and community empowerment and monitor compliance
thereof;
4. Provide assistance towards legislation regarding local
governments, law enforcement and public safety;
Establish and prescribe plans, policies, programs and
projects to promote peace and order, ensure public
safety and further strengthen the administrative,
technical and fiscal capabilities of local government
offices and personnel;
5. Formulate plans, policies and programs which will meet
local emergencies arising from natural and man-made
disasters; Establish a system of coordination and
cooperation among the citizenry, local executives and
the Department, to ensure effective and efficient
delivery of basic services to the public;
6. Organize, train and equip primarily for the
performance of police functions, a police force that
is national in scope and civilian in character.

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


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

NATIONAL POLICE COMMISSION


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

VISION OF THE NAPOLCOM


"We envision the National Police Commission as a
highly dynamic, committed and responsive administering and
controlling body, actively and effectively facilitating the
evolvement of a highly professional, competent,
disciplined, credible and trustworthy PNP"

MISSION OF THE NAPOLCOM


"To administer and control the Philippine National
Police with the end in view of maintaining a highly
professional, competent, disciplined, credible and
trustworthy PNP”
POWERS AND FUNCTIONS OF THE NAPOLCOM
A. Exercise administrative control and operational
supervision over the Philippine National Police (PNP)
which shall mean the power to:
1. Develop policies and promulgate a police manual
prescribing rules and regulations for efficient
organization, administration, and operation, including
criteria for manpower allocation distribution and
deployment, recruitment, selection, promotion, and
retirement of personnel and the conduct of qualifying
entrance and promotional examinations for
uniformed members;
2. Examine and audit, and thereafter establish
standards for such purposes on a continuing basis,
the performance, activities, and facilities of all police
agencies throughout the country;
3. Establish a system of uniform crime reporting;
4. Conduct annual self-report surveys and compile
statistical data for accurate assessment of the crime
situation and the proper evaluation of the efficiency
and effectiveness of all police units in the country;
5. Approve or modify plans and programs on education
and training, logistical requirements, communications,
records, information systems, crime laboratory, crime
prevention and crime reporting;
6. Affirm, reverse or modify, through the National
Appellate Board, personnel administrative actions
involving the demotion or dismissal from the service
imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
7. Exercise appellate jurisdiction through the Regional
Appellate Boards, over administrative cases against
policemen and over decisions on claims for police
benefits;
8. Prescribe minimum standards for arms, equipment,
and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks,
awards, medals of honor;
9. Issue subpoena and subpoena duces tecum in
matters pertaining to the discharge of its own
powers and duties,and designate who among its
personnel can issue processes and administer oaths
in connection therewith;
10. Inspect and assess the compliance of the PNP on
the established criteria for manpower allocation,
distribution and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP
personnel;
11. Monitor the performance of the local chief
executives as deputies of the Commission; and
12. Monitor and investigate police anomalies and
irregularities.

B. Advise the President on all matters involving police


functions and administration;

C. Render to the President and to Congress an annual


report of its activities and accomplishments during the
thirty (30)days after the end of the calendar year,
which shall include an appraisal of the conditions
obtaining in the organization and administration of
police agencies in the municipalities, cities and
provinces throughout the country, and
recommendations for appropriate remedial
legislations;

D. Recommend to the President, through the Secretary,


within sixty (60) days before the commencement of
each calendar year, a crime prevention program; and

E. Perform such other functions necessary to carry out


the provisions of R.A. 6975, as amended, other
existing laws and Presidential issuance's, and as the
President may direct.

COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years
without reappointment or extension
* three of the four regular commissioners shall come
from civilian sector and not former members of the
police or military
* the fourth regular commissioner shall come from the
law enforcement sector either active or retired
* at least one (1) of the four regular commissioners
shall be a woman
* from among the three regular commissioners from
the civilian sector, the Vice Chairperson shall be
chosen
* the Vice Chairperson shall act as the Executive
Officer of the Commission
* refer to the organizational structure of the
NAPOLCOM

Important dates in the history of modern Philippine Policing


1901 - ACT no. 175 of the Philippine Commission established the Philippine constabulary on
august 8, 1901.
1905 - the Philippine constabulary school was established at the sta.lucia barracks in Intramuros on
February 17, 1905.
1908 - the Philippine constabulary school was transferred to Baguio City.
1916 - the Philippine constabulary school was renamed academy for officers of the Philippine
constabulary.
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province,
became the first Filipino chief of the Philippine constabulary.
1926 - the academy for officers of the Philippine constabulary was renamed
Philippine Constabulary Academy.
1936 - the Philippine Constabulary Academy became the present day Philippine Military Academy.
1938 - The Philippine Constabulary became the existing and organized national police
force of the country pursuant to commonwealth act no. 343 dated June 23, 1938 and
EO no. 389 dated December 23, 1950.
This decree integrated local police forces into the Philippines constabulary operational and
organizational set up.

1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the Police
Commission (POLCOM).
1972 - The POLCOM was reorganized as the National Police Commission.
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975.
The Integrated National Police was established with the Philippine Constabulary as nucleus under the
Department of national Defense. The NAPOLCOM, originally under the office of the President
was transferred to the Ministry of National defense
1985 - The National Police Commission was returned to the office of the President pursuant
to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the command,
supervision and control of the President. This order vested the NAPOLCOM with the powers
of administrative control and supervision over the Integrated National Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government (DILG). A new National Police
Commission was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as the
Philippine National Police reform and reorganization act of 1998. This act strengthened and expanded
NAPOLCOM,s authority over the PNP to include administration of police entrance examination and
conduct pre-charge investigation against police anomalies and irregularities and summary
dismissal of erring police members.

FUNCTIONS IN A POLICE ORGANIZATION

1. PRIMARY OR LINE FUNCTIONS


- functions that carry out the major purposes of the
organization, delivering the services and dealing
directly with the public
- the backbone of the police department
- examples of the line functions of the police are
patrolling, traffic duties, crime investigation

2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line
functions and assist in the performance of the line
functions
- examples of the staff functions of the police are
planning, research, budgeting and legal advice

3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the
organization
- examples are training, communication, maintenance,
records management, supplies and equipment management

ORGANIC UNITS IN A POLICE ORGANIZATION

1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice
control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records
management,supplies.

ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions, departments and
functions or work of the organization
- it is comprised of functions, relationships,
responsibilities and authorities of individuals within
the organization

KINDS OF ORGANIZATIONAL STRUCTURES

1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the
highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l
level of authority before it can be carried out
- involves few departments

2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who
are all accountable to the authority above.

3. LINE AND STAFF


- a combination of the line and functional kind
- combines the flow of information from the line
structure with the staff departments that service,
advise, and support them
- generally more formal in nature and has many
departments

ORGANIZATIONAL PRINCIPLES

FOUR PRIMAL CONDITIONS OF AN ORGANIZATION


1. AUTHORITY
- the supreme source of government for any
particular organization
- the right to exercise, to decide and to command
by virtue of rank and position
2. MUTUAL COOPERATION
- an organization exists because it serves a
purpose.
3. DOCTRINE
- provides for the organization’s objectives
- provides the various actions, hence, policies,
procedures, rules and regulations of the org.
are based on the statement of doctrines
4. DISCIPLINE
- comprising behavioral regulations

ELEMENTS OF POLICE ORGANIZATION


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

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

Factors affecting the span of control:


a) Leadership qualities of the supervisors
b) Nature of the job and work conditions
c) Complexity of task
d) Education and skill of the employees

3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior
position to a lower-level position.

4. HIERARCHY OF AUTHORITY
- the relationship between superiors and
subordinates
- serves as the framework for the flow of authority
downward and obedience upward through the
department
HIERARCHY - represents the formal relationship
among superiors and subordinates in any given
organization

5. SPECIALIZATION
- the assignment of particular personnel to particular tasks

SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION)


- the designation of certain activities or tasks as
ones that must be performed in a highly.
technological,scientific or precise manner
- areas of police specialization include undercover
works, crime scene operations, legal advising,
computer work, SWAT operations and others

SPECIALIZATION OF PEOPLE (SPECIALISTS)


- the designation of particular persons as having
expertise in a specific area of work
- signifies the adaptation of an individual to the
requirements through extensive training

6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom
on the basis of rank or position and authority.

7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.

BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

The institution of police in the Philippines formally


started during the Spanish period. The establishment of
the police force was not entirely intended for crime
prevention nor peacekeeping. Rather, it was created as an
extension of the colonial military establishment.

Ancient Roots

The forerunner of the contemporary police system was the practice of barangay chieftains to select
able-bodied young men to protect their barangay
during the night and were not required to work
in the fields during daytime.Among the duties of
those selected were to protect the properties
of the people in the barangay and protect their
crops and livestock from wild animals.

Spanish Period
Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations
of the Department of State; this was armed
and considered as the mounted police; years after, this kind of police organization
discharged the duties of a port, harbor and river police.

Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January 1836,
this decree provided that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this police organization for
three years

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of
their work in policing towns,it consisted of a body
of Filipino policemen organized originally in each
of the provincial capitals of the central provinces
of Luzon under the Alcalde Mayor

American Period

The Americans established the United States Philippine


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

ACT NO 175 – entitled “An Act Providing for the


Organization and Government of an Insular Constabulary”,enacted on July 18, 1901.

Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882.
Father of the Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.

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

CAPT GEORGE CURRY - the first chief of police


of the Manila Police Department in 1901.

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

Executive Order 389 – ordered that the Philippine Constabulary be one of the four services
of the Armed Forces of the Philippines, enacted on
December 23, 1940.

Post-American Period
RA 4864 – otherwise known as the Police Professionalization Act of 1966,
enacted on September 8, 1966; created the Police Commission
(POLCOM) as a supervisory agency to oversee the
training and professionalization of the local
police forces under the Office of the President; later POLCOM was renamed into National Police
Commission (NAPOLCOM).
Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975,enacted on August 8, 1975;


established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC)
as the nucleus and the integrated local police forces
as components, under the Ministry of National
Defense
- transferred the NAPOLCOM from the Office of the
President to the Ministry of National Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10, 1985

Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National Police Commission

RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.

RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum education
qualification for appointment to the PNP and adjusting the promotion system thereof, amending for the
purpose pertinent provisions of RA 6975 and RA 8551 and for other purposes.
Industrial Security Management Reviewer
Active Security Measures
1. Physical Barriers
2. Security lighting
3. Vaults
4. Locks

Passive Security Measures


1.Those that will deter man from committing such act for fear
of being caught charged in court or get dismissed
2.Security education programs, investigation, fire prevention
seminars, personal security checks.

Company Guard Force – (CGF) a security force maintained and operated


by any private company/corporation utilizing any of its employees to
watch, secure or guard its business establishment premises, compound
or properties.

Duty Detail Order - is a written order/schedule issued by a superior


officer usually the private security agency/branch manager or
operations officer assigning the performance of private
security/detective services duties.

Factors that Bring About Unsecured Conditions


1. Threats - an activity that could lead to a loss.
2. Hazards - a condition that could lead to a loss.
3. Vulnerability - a weakness that can be used to gain access to
an asset.
4. Risk - a potential loss or damage to an asset.

Government Guard Unit – (GGU) a security unit maintained and operated


by any government entity other than military or police, which is
established and maintained for the purpose of securing the office or
compound and/or extension of such government entity.

Government Security Personnel – shall be natural persons which include


government security guards, detectives, security consultants and
security officers except those of the AFP, PNP, or BJMP rendering or
performing security and/or detective services as employed by
government entities.

License to Exercise Profession – shall mean any document issued by


the Chief, PNP or his duly authorized representative recognizing a
person to be qualified to perform his duties as private security or
training personnel.

License to Operate – (LTO) is a License Certificate document, issued


by the Chief, Philippine National Police or his duly authorized
representative, authorizing a person to engage in employing security
guard or detective, or a juridical person to establish, engage, direct,
manage or operate an individual or a private detective agency or
private security agency/company security force after payment of the
prescribed dues or fees.

Note:New applicants for license to operate shall be required


to obtain a minimum capitalization of one million pesos
(P1,000,000.00) with a minimum bank deposit of five hundred
thousand (P500, 000.00) pesos in order to start its business
operation.

No regular license shall be granted to any private security


agency unless it has a minimum of two hundred (200) licensed
private security personnel under its employ.

No regular license shall be granted to any company guard force


or private detective agency unless it has a minimum of thirty
(30) licensed private security personnel under its employ.

The maximum number of private security personnel that a


PSA/CGF/PDA may employ shall be one thousand (1000).

PADPAO – Philippine Association of Detective and Protective Agency


Operators. Is an association of all licensed security agencies and
company security forces in the Philippines.

Person - shall include not only natural persons but also juridical
persons such as corporation, partnership, company or association duly
registered with the Securities and Exchange Commission.

Physical Barrier - any structure or physical device capable of


restricting, deterring, delaying, illegal access to an installation.

PNP - Philippine National Police, under the DILG, organized pursuant


to the provision of RA 6975 otherwise known as the National Police
Act of 1991. The PNP shall exercise general supervision over
the operators of all security agencies and guards.

Powers and Duties of a Security Guard


1. To watch and secure the property of the client. Service shall
not extend beyond the property or compound of client.

Exception:
1. Escort duties
2. Hot pursuit of criminal offenders

2. Security Guard and Private Detective have no police authority.

Private Detective - is any person who does detective work for hire,
reward or commission, other than members of the Armed Forces of the
Philippines, guards of the Bureau of Jail Management and Penology,
municipal or city jail guards, and members of the Philippine National
Police or of any other law enforcement agency of the government.

Qualifications of a Private Detective


1. Must be a Filipino citizen
2. Must be a high school graduate
3. Must be physically and mentally fit
4. Must not be less than 21 nor more than 50 years of age
5. Must be at least 5 feet and 4 inches in height
6. Must not be suffering from any of the ff: disqualifications
a. Dishonorably discharged or separated from the AFP
b. Mental incompetent
c. Addicted to the use of narcotic drug or drugs
d. Habitual drunkard
7. Must not be convicted of any crime involving moral turpitude

Private Detective Agency - is any person, who, for hire or reward or


on commission, conducts or carries on or holds himself or itself out
as conducting or carrying on a detective agency, or detective service.

Notes:
1. All person used in a private detective work must be licensed
2. All person employed solely for clerical or manual work need
no private detective license.
3. License (LTO) shall be displayed at all times in a conspicuous
and suitable place in the agency office or headquarters of
the agency and shall be exhibited at the request of any person
whose jurisdiction is in relation with the business of the
agency or the employees thereof, or of the Chief of the PNP
or his duly authorized representative or any peace officer.
4. The PNP shall exercise general supervision over the operation
of all private detective and private detective agency.

The rules above applies to a Private Security Agency.

Private Security Guard - (watchman) shall include any person who


offers or renders personal service to watch or secure either a
residence, business establishment, or buildings, compounds, areas,
or property, inspects/monitors bodily checks/searches individuals
and/or baggage and other forms of security inspection, physically/
manually or scientifically electronic, including but not limited to,
logging concessions and agricultural, mining or pasture lands,
transportation, for hire or compensation , or as an employee thereof,
including any employee of the national or local governments or
agencies or instrumentality’s thereof and or government owned or
controlled firm or corporations who is employed to watch or secure
government buildings, compounds, premises and other properties, other
than members of the Armed Forces of the Philippines, guards of the
Bureau of Jail management and Penology, Municipal or City jail
guards, and members of the Philippine National Police or of any other
law enforcement agency of the Government.

Qualifications of a Security Guard


1. Must be a Filipino citizen
2. Must be a high school graduate
3. Must be physically and mentally fit
4. Must not be less than 21 nor more than 50 years of age
5. Must be at least 5 feet and 4 inches in height (RA 5487)
6. Must not be suffering from any of the ff: disqualifications
a. Dishonorably discharged or separated from the AFP
b. Mental incompetent
c. Addicted to the use of narcotic drug or drugs
d. Habitual drunkard
7. Must have undergone a pre-licensing training course
8. Must not be convicted of any crime involving moral turpitude

Moral Turpitude - A phrase used in Criminal Law to


describe conduct that is considered contrary to
community standards of justice, honesty, or good morals.

Crimes involving moral turpitude have an inherent quality


of baseness, vileness, or depravity with respect to a
person's duty to another or to society in general.

Examples of Crime Involving Moral Turpitude


1. Rape
2. Forgery
3. Robbery
4. Prostitution

Private Security Guard Agency - any person, association,


partnership, or corporation, who recruits, trains, muster, furnishes,
solicits individuals or business firms, private or government-owned
or controlled corporations to engage his service or those of its
watchmen.

Who May Organize a Security Agency


1. Any Filipino citizen
2. Corporation
3. Partnership
4. Association

Limitations/Disqualification/Prohibitions In Organizing A
Security Agency
1. Security Agency must be 100% Filipino owned
2. No person shall organize or have an interest in, more than
security agency
3. No agency shall offer, render or accept services in gambling
dens or other illegal business establishments or enterprises.
4. Must not be an elective or appointive government employees
who may be called upon on account of the functions of their
respective offices in the implementation and enforcement of
the Private Security Agency Law and any person related to
such government employees by affinity or consanguinity in
the third civil degree shall not hold any interest, directly
or indirectly in any security guard or watchman agency.
5. The extent of the security guard service being furnished by
the security agency shall not go beyond the compound and/or
property of the person or establishment contracting the
security service except when the security guards is
escorting big amount of money or valuables.
6. Main Office - All agencies shall maintain a main office in
their registered addresses.

Branch offices - may be established and maintained in


other provinces/ cities where the security agency has
deployed security guards.

7. Rules - Authority to operate outside principal offices.


1. No new or moribund but previously licensed private
security agency shall be granted license to operate
unless its business viability is supported by
evidence of assured clientele, adequate
capitalization and the like.

Moribund - (dying)(stagnant)(obsolescent) in
terminal decline; lacking vitality or vigour.

2. Private Security Agency operating at regions


outside its main office shall be required to
register with the nearest Police Provincial Office
and shall submit an authenticated machine copy of
the following documents:
a) License to Operate
b) License of the FA’s to be issued
c) List of the officers and security guards
d) Appointment Order of Branch/Detachment
Manager (if any)
8. All applicants for license to operate shall be required to
attend a private security agency/company guard force
operators and management seminar/workshop.
9. Prohibition on “KABIT SYSTEM” operators
1. No licensed security agency shall operate, promote
and enter into an agreement of “merger“
(kabit system) with any person or a group of persons
for the purpose of organizing a branch unit or
subsidiary under separate control and ownership.
Merger of security and detective agencies shall not
be recognized without prior approval from the SEC
with respect to their Articles of Incorporation and
the DTI, with regards their business name.
2. Any of the following circumstances or a combination
thereof shall be considered prima-facie evidence
of the existence of “Kabit System”.
a) Maintaining a separate branch, unit or
subsidiary office aside from the main office
of the agency situated within the same locality
b) Receiving direct payments from the agency’s
clientele and issuing officials receipt of
their own distinct from that issued by the
agency concerned
c) Remitting directly Social Security System
premiums, Medicare contributions and other
premium for other policy insurance benefits
d) Existence of an agreement between the licensee
and a branch manager thereof, whereby the
latter obligates himself to pay a certain
percentage of his income to the former on the
condition that the control and supervision of
the guards posted by said branch shall course
on the manager thereof and that the licensee
shall be exempt from liabilities/ obligations
attendant to the operation of said branch.
e) Keeping/maintaining separate payrolls for the
branch employees signed and/or approved by
the branch manager only
f) Absence of record of monthly income remittances
to the main office when said branch is
authorized to make collections from the clients
of the licensee
g) All other similar acts tending to show separate
and distinct relationship/personality/
ownership/ management.

Qualifications of the Operator/Manager of a Security Agency


1. Must be at least 25 years of age
2. Must be a College Graduate and/or No.3 below.
3. Must be a commissioned officer in the inactive service of
the Armed Forces of the Philippines
4. Must be of good moral character
5. Must have no previous record of any conviction of any crime
or offense involving moral turpitude
6. Must not be suffering from any of the following
disqualifications:
a. Dishonorably discharged or separated from the AFP
b. Mental incompetent
c. Addicted to the use of narcotic drug or drugs
d. Habitual drunkard
7. Must have taken a course/seminar on industrial Security
Management and/or must have adequate training or experience
in security business (IRR)

Note: One cannot be a Commissioned officer in the inactive


service of the AFP unless college graduate. The law used the
word and/or.

RA 5487 is a law. In case of conflict between the law and its


implementing rules and regulations promulgated by the chief
PNP, The law shall prevail.

Private Security Industry – shall cover those in the legitimate


business of providing private security and detective services.

Private Security Personnel – shall be natural persons which include


private security guards, private detectives, security consultants,
and security officers rendering/performing security and/or detective
services as employed by private security agencies and/or private firms.

Protective Security System - are those measures taken by an


installation or unit to protect itself against sabotage,
espionage or subversion.

RA 5487 - known as "The Private Security Agency Law."

Restricted Area - is any area in which personnel or vehicles are


controlled for reasons of security. Restricted area is established
to provide security for installation or facilities and to promote
efficiency of security operations and economy in the use of
security personnel.

SAGSD - Security Agency and Guard Supervision Division. SAGSD is


under the PNP Civil Security Group.

Security - is the state or quality of being secured, freedom from


fear or danger; assurance; certainty. To secure is to make safe or
be protected. From the Greek word SECUROS which means safe,
safety or secured.

Security Guard - (watchman) Any person who offers or renders


personal service to watch or secure either residential or business
establishment, or both, or any building, compound, or area including
but not limited to logging concessions, agricultural, mining or
pasture lands for hire or compensation, or as an employee thereof.

Security Hazards - is an act or condition which results in a situation


like a breach of the protection system and the subsequent loss or
compromise of defense information, company secret or damage to
personnel, property or facilities.

Three Major Areas of Security


1. Physical Security - this concern with the physical measures
adopted to prevent unauthorized access to equipment, facilities,
material and document and to safeguard them against espionage,
damage, loss and theft
2. Personnel Security - this is as important as physical security.
Personnel security starts even before the hiring of an employee
and remains to be maintained for as long as the person is employed.
Its purpose is to insure that a firm hires those best suited to
assist the firm in achieving its goals and objectives and once
hired assist in providing necessary security to the work force
while carrying out their functions
3. Document and Information Security - this involves the protection
of documents as classified papers from loss, access by unauthorized
persons, damage, theft and compromise through disclosure
Two Instances When the Chief PNP may deputize any security guard
to assist the PNP in the performance of police duties.
1. In case of emergency
2. In times of disaster or calamities

Types of Security
1. Industrial Security - a type of security applied to business
groups engaged in industries like manufacturing, assembling,
research and development, processing, warehousing and even
agriculture. It may also mean the business of providing security.
2. Hotel Security- a type of security applied to hotels where its
properties are protected from pilferage, loss damage and the
function in the hotel restaurants are not disturbed and troubled
by outsiders or the guest themselves. This type of security
employs house detectives, uniforms guard and supervisor and
insures that hotel guests and their personal effects are safeguarded.
3. Bank Security- this type of security is concern with the bank
operations.
4. VIP Security- a type of security applied for the protection of
top-ranking officials of the government or private entity,
visiting persons of illustrious standing and foreign dignitaries.
5. School Security- a type of security that is concern with the
protection of the students, faculty members, and school properties.
6. Supermarket or Mall Security- a type of security which is concern
with the protection of the stores, warehouses, storage, its
immediate premises and properties as well as the supermarket
personnel and customers. Security personnel are trained to detect
shoplifter, robbery, and bomb detection and customer relation.
7. Other Types- this includes all other security matters not covered
in the above enumeration.
Police Patrol Reviewer
1842 - the London Metropolitan Police established the first detective
branch.

Bobbies - British police.

Boston Police - first public police force established in 1631.

Bow Street Patrols - a small body of police in London who had been
organized in the mid-18th century by the novelist and magistrate
Henry Fielding and his half-brother, Sir John Fielding.

Compurgation - also called Wager Of Law, in early English law, method


of settling issues of fact by appeal to a type of character witness.

Egypt - the first policing organization was created in about 3000 BC.

Emperor Augustus - organized one of the earliest form of organized


policing in Rome in 7 BC. He divided the city of Rome into 14 regions
(wards), each consisting of vici (precincts) overseen by vicomagistri,
who were responsible for fire protection and other administrative and
religious duties.

New Scotland Yard - the headquarters of the London Metropolitan Police.

New York Police - The first police department in the United States,
it was established in 1844 and it was officially organized in 1845.

Patrol - keep watch over (an area) by regularly walking or travelling


around it.

Patrol Functions (Categories)


1. Crime prevention - pro-active deterrence
2. Law Enforcement - reactive deterrence
3. Order Maintenance - security
4. Social Services - community welfare

Patrol As A Function
1. Constant Movement
2. Prevent/deter crime
3. Eliminate opportunity for crime

Patrol Activities and Purposes


1. Crime Detection and Prevention
2. Apprehension of Criminals & Wanted Suspects
3. Data & Information Collection
4. Report Writing & Documentation
5. Public Assistance
6. Peace Keeping and Order Maintenance
7. Conflict Resolution
8. Traffic Control and Enforcement
9. Parking Enforcement
10.Law Enforcement Reduce Citizens’ Fear of Crime
11.Detect and Enforce Code and Safety Violations
12.Rapid Responses to Emergencies
13.Public Relations
14.Police Visibility
15.Property Protection

Patrol Method
1. Foot Patrol
2. Motorcycle Patrol
3. Motorized Patrol
4. Bike Patrol
5. Horse Patrol
6. Aircraft Patrol
7. Watercraft Patrol

Patrol Officer - is the backbone of the police department.

Patrol Supervision
1. Hands on - supervisor involved in day to day activities.
2. Command - supervisor shows up at incident sites and gives
orders
3. Counsel - supervisor available and when requested shows
up at incident sites.

Patrol Techniques
1. Routine Patrol
2. Directed Patrol
3. D-Runs
4. Saturation Patrol
5. Split Force
6. Suspect-Oriented Patrol

Police Traffic Enforcement Activities


1. Issue Traffic Citations
2. Issue Parking Citations
3. Investigate Traffic Accidents
4. Arrest Drunk Drivers
5. Enforce Seat belt Laws
6. Direct Traffic

Police Traffic Enforcement Purposes


1. Insure Safety of Public
2. Reduce Accidents and Injuries
3. Collect Information
4. Make Criminal Arrests
5. Enforce Laws
6. Facilitate Traffic Flow

Peel's 9 (Nine) Principle


Principle 1. The basic mission for which the police exist is
to prevent crime and disorder.
Principle 2 - The ability of the police to perform their duties
is dependent upon public approval of police actions.
Principle 3 - Police must secure the willing co-operation of
the public in voluntary observance of the law to be able to secure
and maintain the respect of the public.
Principle 4 - The degree of co-operation of the public that can
be secured diminishes proportionately to the necessity of the use
of physical force.
Principle 5 - Police seek and preserve public favour not by
catering to the public opinion but by constantly demonstrating
absolute impartial service to the law.
Principle 6 - Police use physical force to the extent necessary
to secure observance of the law or to restore order only when
the exercise of persuasion, advice and warning is found to be
insufficient.
Principle 7 - Police, at all times, should maintain a relationship
with the public that gives reality to the historic tradition that
the police are the public and the public are the police; the
police being only members of the public who are paid to give
full-time attention to duties which are incumbent on every citizen
in the interests of community welfare and existence.”
Principle 8 - Police should always direct their action strictly
towards their functions and never appear to usurp the powers of
the judiciary.
Principle 9 - The test of police efficiency is the absence of
crime and disorder, not the visible evidence of police action
in dealing with it.

Peeler - a police officer, especially in the United Kingdom and


Australia. Derived from the name of Sir Robert Peel who developed the
Metropolitan Police Act in 1928 which proved to be the foundation for
the modern police force in Britain.

Police Functional Units


1. Bureau - the largest organic functional unit within a large
department. It comprises of numbers of divisions.
2. Division - a primary subdivision of a bureau.
3. Section -functional unit within a division that is necessary
for specialization.
4. Unit -functional group within a section; or the smallest
functional group within an organization.

Police Operations
1. Patrol - 50 % Of Force - 80 % Of Budget
2. Criminal Investigation (Detectives) - Solve 20 % Of Cases Solved
In Depth case screening
3. Traffic
4. Support/Special Services

Police Territorial Units


1. Post - a fixed point or location to which an officer is
assigned for duty, such as a designated desk or office or
an intersection or cross walk from traffic duty.It is a spot
location for general guard duty.
2. Route -a length of streets designated for patrol purposes.
It is also called Line Beat.
3. Beat - an area assigned for patrol purposes, whether foot
or motorized.
4. Sector - an area containing two or more beats, routes, or post.
5. District-a geographical subdivision of a city for patrol
purposes, usually with its own station.
6. Area- a section or territorial division of a large city each
comprised of designated districts.

Polis - Greek word which means city.

Purposes of Criminal Investigation


1. Determine whether or not a crime has been committed.
2. Decide if the crime was committed within the investigator’s
jurisdiction.
3. Discover all facts pertaining to the complaint.
4. Gather and preserve physical evidence.
5. Identify the perpetrator.
6. Develop and follow up all clues.
7. Locate and apprehend the perpetrator.
8. Aid in the prosecution of the offender by providing evidence of
guilt that is admissible in court.
9. Testify effectively as a witness in court.
10.Recover stolen property.

Robert Peel - established the Metropolitan Police Force for London based
at Scotland Yard in 1929. Father of modern policing system.

Specialized Units and Operations


1. Special Weapons & Tactics
2. Vice & Drugs
3. K-9
4. Organized Crime
5. Community Services
6. Crime analysis
7. Domestic Violence
8. Sex Crimes
9. Internal Affairs
10.Crime Prevention
11.Juvenile & School Service
12.Intelligence
Police Intelligence Reviewer
Accuracy of Information
1 - Confirmed By Other Sources
2 - Probably True
3 - Possibly True
4 - Doubtfully True
5 - Improbable
6 - Truth Can Not Be Judged

Alexander The Great - A Greek Conqueror, was able to identify those


who are disloyal to him by ordering the opening of communication
letter of his men and was successful in uplifting the esprit de corps
and morale of his men.

ASIS - Australian Secret Intelligence Service - Primary responsibility


is gathering intelligence from mainly Asian and Pacific interest
using agents stationed in wide variety of areas. Its main purpose like
other most agencies is to protect the country's political and
economic interest and ensure the safety of its citizens against
national threats.

Bundesnachrichtendienst - BND, Federal Intelligence Service, is the


foreign intelligence agency of the German government, the BND act as
the early warning system to alert the German government against
threats to its interest coming from abroad.

Categories of Intelligence
1. National Intelligence - integrated product of intelligence
developed by all government departments concerning the broad
aspect of national policy and national security.
2. Departmental Intelligence - the intelligence required by the
department or agencies of the government to execute iys mission
and discharge its responsibilities.
3. Military Intelligence - refers to the knowledge by the military
institution essential in the preparation and execution of military
plans, policies and programs.

CIA - Central Intelligence Agency, is the civilian intelligence agency


of the USA. It is the largest intelligence agency in the world.

Classifications of Documents
1. Top Secret - calls for the utmost degree of protection, Unauthorized
revelation of this materials and information will cause extremely
severe damage to the nation, politically, economically, or
militarily.
2. Secret - unauthorized disclosure of this documents or things may
put at risk the national security, cause serious injury to the
reputation of the nation.
3. Confidential - Unauthorized revelation of which may be injurious
to the reputation of the nation or governmental activity or will
cause administrative humiliation or unnecessary injury.
4. Restricted - this are information which should not be published
or communicated to anyone except for official purposes. These
records are daily files, routine in nature even if lost or
destroyed will not affect operation or administration.

Classification of Sources of Information


1. Open Sources - 99% of the information collected are coming from
open sources or obtained from overt operation.
2. Close Sources - only 1% of information are obtained from covert
operation.

Elements of Clandestine Operation


1. Sponsor - directs the organization conducting the clandestine
activity.
2. Target - person, place or things against which the
clandestine activity is to be conducted.
3. Agent - refers to a person who conducts the clandestine
operations, includes principal agents, action agents,
and support agents.

Principal Agent - leader or management agent in clandestine


operation usually undertaken by the case officer.

Action Agent - one who conducts the clandestine operation


that includes:
a. Espionage Agent - agent who clandestinely procure or
collect information.

b. Propagandist - agents who molds the attitudes, opinions


and actions of an individual group or nation.

Support Agent - agent who is engaged in activities which


supports the clandestine operations that includes the ff:
a. Surveillant - agent who observes persons and places
of operation of interest.
b. Investigator - agent who undertakes to procure
information or things of clandestine operation.

Procurer of Funds - agent who obtains money when needed


for operational use.

Safe House Keeper - agents who manages and maintains a safe


house for clandestine operations like meetings, safe heavens,
training, briefing and debriefing.

Communication Agent - agent who is detailed to secure


clandestine communications.

Coding - the changing of message from plain clear text to unintelligible


form, also known as encrypting.

Decoding - transforming of coded message into plain text, also


known as decrypting.

Counter Intelligence - phase of intelligence covering the activity


devoted in destroying the effectiveness of hostile foreign activities
and the protection of information against espionage, subversion and
sabotage.

Types of Counter Intelligence


1. Passive CI Measures - protection of classified and sensitive
information against unauthorized access through secrecy,
communication security and other safeguards.
2. Active CI Measures - are those measures which seek actively
to block enemies effort to gain information or engage in
espionage, subversion and sabotage.

Categories of Counter Intelligence Operations


1. Military Security - it encompasses the measures taken by a
command to protect itself against espionage, enemy operation,
sabotage, subversion, or surprise.
2. Port Boundary and Travel Security - application of both
military and civil security measures for counter-intelligence
control at point of entry and departure, international borders
and boundaries.
3. Civil Security - active and passive counter-intelligence
measures affecting the non-military nationals permanently
or temporarily residing in an area under military
jurisdiction.
4. Special Operations - counter subversion, sabotage and espionage.

Objectives of Counter-Intelligence
1. It denies information to the enemy
2. It reduces the risk of a command
3. Aid in achieving surprises
4. Increases the security of the command
5. Decrease the ability of the enemy to create information
about the forces.

Functions/Activities of Counter-Intelligence
1. Protection of Information against espionage
2. Protection of personnel against subversion
3. Protection of installations and materials against sabotage

Cryptography - arts and science of codes and ciphers.

Crypto Analyst - refers to those persons who break intercepted codes.

Cryptographer - refers to a person who is highly skilled in converting


message from clear to unintelligible forms by use of codes and ciphers.

Delilah - a biblical personality, she was able to gain information


by using her beauty and charm, she was responsible for the fall of
Samson, a known Israelite leader and enemy of the Philistines.
Frederick The Great - Father of organized military espionage.

FSD - Federal Security Service of the Russian Federation, is the main


domestic security agency of the Russian Federation, and the main
successor of the Cheka, NKVD and the KGB.

General Directorate For External Security - France external


intelligence agency, operating under the direction of the French
Ministry of Defense.

Informants - any person who hand over information to the agents which
is relevant to the subject.

Type of Informants
1. Anonymous - unidentified or unknown informants.
2. False Informant - reveals information of no consequences
or value.
3. Frightened Informants - weakest link in criminal chain,
motivated by anxiety.
4. Self-Aggrandizing - moves around the the center of criminals
delight in surprising the police about bits of information.
5. Mercenary - information for sale, needed something for exchange
of information.
6. Double Crosser - wants to get more information from the police
more than what he gives.
7. Women Informant - most dangerous type of informant.
8. Legitimate - operators of business.

Motives of Informants
1. Vanity - conceited act/character of the criminal resulting to
self-betrayal or tantamount to guilt, gaining favorable
attention and importance by the police.
2. Civic-Mindedness - sense of duty and obligation to assist
the police.
3. Fear - a person under an illusion of oppression by enemies or
of other impending danger.
4. Repentance - one who has a change of heart and wishes to
report a crime that is preying on his conscience.
5. Gratitude or Gain - an expression of appreciation to obtain
a privilege or an interest in the welfare of his family
during his detention.
6. Revenge - to settle a grudge due to settle a previous injury.
7. Jealousy - envious of the accomplishments or possessions of
another and wishes to humiliate him.
8. Remuneration - a person who informs solely for the pecuniary
or other material gain he is to receive.

Informers - refers to any person who provides information to the agents


in a regular basis regarding a subject, they are paid either on a
regular or case to case basis.

Intelligence - the organized effort to collect information, to assist


it Little by little, and piece it together until it forms larger and
clear pattern. (intelligence as an activity)
- the end product resulting from the collection,
evaluation, analysis, integration and interpretation of all
available information which may have immediate or potential
significance to the development and execution of plan, policies and
programs of the user.(intelligence as a product)
- an institution composed of person who prepares a plan
or formulating policies.(intelligence as an institution)

Intelligence Cycle
1. Planning
2. Collection
3. Processing
4. Dissemination

Planning - the intelligence officer must have a thorough


knowledge of the available sources of information, the
collecting agencies and type of information the latter can
provide.

Collection - the intelligence officer must have thorough


knowledge of the available sources of information and
collecting agencies and the type of information they can
provide and consider the following:
a. Determine collecting agency
b. Send orders or request
c. Supervise collection efforts
d. Use tools or techniques in collection
e. Ensure timely collection

Factors in Choosing Collection Agents


a. Capability - agents placement or access to target
b. Multiplicity - more agents
c. Balance

Processing - Five Steps


1. Recording - is the reduction of information in writing
or other form of graphical representation and
arranging the information into groups of related items.
2. Evaluation - is the determination of the pertinence of the
information to the operation, reliability of the source or
agency and the accuracy of the information.
Pertinence - does it holds some value to current
operation.
Reliability - judging the source of information or
agency
Credibility - truth of information
3. Analysis - is the stage in which the collected information
is subjected to review in order to satisfy significant facts
and derive conclusions there from.
4. Integration - the combination of the elements isolated
analysis with other known information related to the
operation.
5. Interpretation - process of determining the significance of
new information and its meaning.

Dissemination - processed information or intelligence data are


disseminated to end users, common methods of disseminating intel
data are conferences, briefing and person to person exchanges.
In this process, consider the factors of timeliness, correctness
and security.

ISI - Inter-Services Intelligence, Pakistan's premier intelligence


agency. It was established in 1948. Its office is located in Islamabad.

Julius Caesar - in his time, the staff of each legion includes ten
speculators who served as an information collecting agency. The
Speculators were the first intelligence personnel to appear in a
military organization. Military success of the Romans was aided by
the communication system. Made use of pigeons as carrier which made
intelligence transmittal very fast.

Karl Schulmeister - known as Napoleon's Eye, he was credited for


establishing counter-intelligence against spies. He is a master of
deceit who used black mail to obtain vital information to identify
the enemy's of Napoleon.

Kinds of Covert Operation


1. Surveillance - is the covert, discreet observation of people and
places for the purpose of obtaining information concerning the
identities or activities of subjects.

Surveillant - is the plainclothes investigator assigned to


make the observation.

Subject - can be a person, place, property and vehicle,


group of people, organization, or object.

Safe house - refers to place where agents meet each other


for purposes of debriefing and reporting.

Live Drop - refers to a place where agents or informants


leave their messages to the other agents.

Decoy - a person or object used by the subject in an attempt


to elude the surveillant.

Convoy - an associate of the subject who follows him to


detect surveillance.

Log - chronological records of activities that took place


in the establishment under surveillance.

Methods of Surveillance
1. Stationary Surveillance - also referred to as Fixed or
Stakeout Surveillance - is used when you know or suspect
that a person is at or will come to a known location, when
you suspect that stolen goods are to be dropped or when
informants have told you that a crime is going to be
committed.

2. Moving Surveillance/Shadowing/Tailing - simply the act


of following a person.

Forms of Shadowing/Tailing
1. Loose Tail - employed where a general impression
of the subject's habits and associates is required.

2. Rough Shadowing - employed without special


precautions, subject maybe aware of the surveillance,
employed also when the subject is a material
witness and must be protected from harm or other
undesirable influences.

3. Close Tail - extreme precautions are taken against


losing the subject is employed where constant
surveillance is necessary.

2. Casing - it is the careful inspection of a place to determine


its suitability for a particular operational purpose.

3. Elicitation - the process of extracting information from a person


believe to be in possession of vital information without his
knowledge or suspicion.

4. Employment of Technical Means

Bugging - the use of an equipment or tool to listen and


record discreetly conversation of other people.

Wiretapping - a method of collecting information through


interception of telephone conversation.

5. Tactical Interrogation - it is the process or method of obtaining


information from a captured enemy who is reluctant to divulge
information.

6. Observation and Description - it is a method of collecting


information by just merely using the different senses.

Methods and Techniques of Collecting Information

Information - all evaluated materials of every description


including those derived from observation, reports, rumors,
imagery and other sources from which intelligence is produced.

Types of Agents Used in Collecting Information


1. Agent of Influence - agent who uses authority to gain
information.
2. Agent in Place - agent who has been recruited within a highly
sensitive target
3. Penetration Agent - agent who have reached the enemy, gather
information and able to get back without being caught.
4. Expendable Agent - agent who leaks false information to the
enemy.
5. Double Agent - an enemy agent who has been taken into custody
turned around and sent back where he came from as an agent
of his captors.

MI6 - Secret Intelligence Service, supplies the British government


of foreign intelligence.

MSS - Ministry of State Security, is the security agency of the


Peoples Republic of China.

Mole - also known as sleeper agent. Tasked with monitoring an


organization or individual. A mole can spend years in the same place
only responding to missions when assigned. They are trained to be
visible but to keep their motives unknown.

Mossad - Institute for Intelligence and Special Operations, is


responsible for the intelligence collection and covert operation of
the Israel government, Its Director reports directly to the
Israel Prime Minister. It is one of the entities of the Israeli
intelligence community along with AMAN (Military Intelligence) and
SHIN BET (Internal Security)

Moses - sent 12 scouts to the land of Canaan to survey the land,


the people, their location and the nature of their cities.

NICA - National Intelligence Coordinating Agency, the primary


intelligence gathering arm of the Philippines. Its motto is
Knowledge is Safety. It is headed by a Director General and is
assisted by a Deputy Director General. The Director General reports
directly to the President of the Philippines.

EO 492 issued on February 1, 2006, ordered the NICA to activate


the National Maritime Aerial Reconnaissance and Surveillance
Center or NMARSC. The NMARSC shall serve as the primary intel
provider for the Philippine intelligence community. Under the
supervision and oversight of the National Security Adviser, the
NICA-NMARSC will operate unmanned aerial vehicles or UAV's to
cater to the imagery intelligence demands of various government
agencies.

Police Intelligence - the end product resulting from the collection,


evaluation, analysis, integration and interpretation of all available
information regarding the activities of criminals and other law
violators for the purpose of effecting their arrest, obtaining evidence
and prevent plan to commit crimes.
Categories of Police Intelligence
1. Strategic Intelligence - knowledge pertaining to the
capabilities and vulnerabilities of a foreign nation which
is required by the national planners for the formulation
of an adequate national defense. Intelligence is for long
range.
2. Counter-Intelligence - preparation and execution of plans
and programs to neutralize or prevent any activities
undesirable to the police organization.
3. Line or Tactical Intelligence - intelligence information
directly contributes to the accomplishment of specific
objectives and immediate in nature and necessary for more
effective police planning and operation.

Components of Strategic Intelligence


1. Political Intelligence - deals with domestic and foreign
affairs and relations of government operations.
2. Economic Intelligence - deals with the extent and utilization
of natural and human resources to the industrial potential
of the nation.
3. Transportation and Telecommunication intelligence - concerned
with the operations and facilities of the military and
civilians.

Functional Classification of Police Intelligence


1. Criminal Intelligence - refers to the knowledge essential
to the prevention of crimes and the investigation, arrest
and prosecution of criminal offenders.
2. Internal Security Intelligence - refers to the knowledge
essential to the maintenance of peace and order.
3. Public Safety Intelligence - refers to the knowledge
essential to ensure the protection of lives and properties.

Principles of Intelligence
1. Intelligence and Operation are interdependent
2. Intelligence is continuous
3. Intelligence must be useful
4. Intelligence operation requires imagination and foresight
5. intelligence must be available on time
6. Intelligence must be flexible
7. Intelligence requires continuous security measures

RAW - Research and Analysis Wing is India's external intelligence


agency. Its primary function is collection of external intelligence,
counter-terrorism and covert operations.

Reliability of Information
A - Completely Reliable
B - Usually Reliable
C - Fairly Reliable
D - Not Usually Reliable
E - Unreliable
F - Reliability Can Not Be Judge
Security Clearance - is a certification by a responsible authority
that the person described is clear to access and classify matters
at appropriate levels.

Interim Clearance - effective for 2 years.


Final Clearance - effective for 5 years.

Security Measures and Operations in Relation To Intelligence


1. Physical Security - the broadest type of security that is concerned
with the physical measures designed to safeguard personnel and
prevent unauthorized access to equipment, facilities, materials,
documents and to protect them from espionage, sabotage, damage,
or theft.
2. Communication Security - the protection resulting from the
application of various measures which prevent or delay the enemy
or unauthorized person in gaining information through communication.
This includes transmission, cryptographic and physical security.
3. Documentary Security - protection of documents, classified matters
and vital records from loss, access to unauthorized persons, damage,
theft and compromise through proper storage and procedure.
4. Personnel security - the sum total procedures followed, inquiries
conducted and criteria applied to determine the work suitable to
a particular applicant or the retention or transfer of a
particular employee.

Personnel Security Investigation - is an inquiry into the


character, reputation, discretion, integrity, morals and
loyalty of an individual in order to determine a person's
suitability for appointment and access to classified matters.

Types of PSI
1. Local Agency Check - refers to the investigation of the
records and files of agency in the area of principal
residence of the individual being investigated: Mayor,
Police, Fiscal where the individual is a resident.
2. National Agency Check - it consist of LAC supplemented by
investigation of the records and files of the following
agencies: PNP. ISAFP, NBI, CSC, Bureau of Immigration
and other agencies.
3. Background Investigation - a check made on an individual
usually seeking employment through subject's records in
the police files, educational institutions, place of
residence and former employers.

Complete Background Investigation - a type of BI which


is more comprehensive, it consist of detailed information
regarding the subject.

Partial Background Investigation - investigation of the


background of an individual but limited only to some of
the circumstances.
Sun Tzu - author of the art of war.

Undercover Operation - also called Roping - is disguising one's


own identity or using an assumed identity for the purpose of
gaining the trust of an individual or organization to learn secret
information or to gain the trust of targeted individuals in order
to gain information or evidence.

Cover - it refers to the changing, forging, or falsifying agent's


real personality including but not limited to things, location,
job and others that will be used in undercover assignments.

Types of Cover
1. Artificial -altering the background that will correspond
to the operation.
2. Multiple - includes different cover
3. Natural - actual or true background

Hazards of Undercover Operations


1. Reintegration back to normal duty
2. Maintenance of identity

Uses and Types of Undercover Assignment


1. Residential Assignment - it is related to the neighborhood
of the subject, where the agent will live as a new resident
without making any suspicion. His mission is to make friends
within its neighborhood and gather information regarding
the subject and possibly getting closer to the subject.
2. Social Assignment - the agent will gain access to the subject
by going to the different hangout places of the subject and
gather information like knowing how to drink socially
without getting drunk.
3. Work Assignment - the agent will be employed where the subject
work to acquire information. The agent must know his work and
focus his mind set and habit to his work assignment
4. Subversive Organization - this is the most dangerous of all
the undercover assignment, the agent will join the organization
of the subject itself, he must know the ideologies of the
group and the actions while inside should conform to the
organization to avoid any suspicion.
Police Personnel and Records Management
Attrition - refers to the retirement or separation from the police
service of PNP uniformed personnel pursuant to any of the means
mentioned in RA 8551.

Means of Attrition
1. Attrition by attainment of maximum tenure in position
a. Chief PNP - 4 years
b. PNP Deputy Chief for Operation - 4 years
c. PNP Deputy chief for Administration - 4 years
d. PNP Chief of the Directorial Staff - 4 years
e. Regional Directors - 6 years
f. Provincial directors - 9 years
g. City Directors - 9 years
h. Other positions higher than provincial director shall have
the maximum tenure of 6 years.
2. Attrition by Relief
A PNP member who has been relieved for cause and has not been
given an assignment within 2 years from the effective date of
such relief shall be retired or separated.
3. Attrition by Demotion in Position
A PNP member who has been relieved and assigned to a position
lower than what is established for his/her rank in the PNP
staffing pattern and who shall not be assigned to a position
commensurate to such rank despite the existence of a vacancy
within 18 months after his/her demotion in position shall be
retired or separated.
4. Attrition by Non-Promotion
A PNP member who has not been promoted for a continuous period
of 10 years shall be retired or separated.
5. Attrition by Other Means - a PNP member with at least 5 years
of accumulated active service shall be separated based on any
of the following grounds:
a. Inefficiency based on poor performance during the last 2
successive annual rating periods.
b. Inefficiency based on poor performance for 3 cumulative
annual ratings.
c. Physical and/or mental incapacity to perform police
functions and duties
d. Failure to pass the required entrance examination twice
and/or finish the required career courses except for
justifiable reasons.
e. Refusal to take a periodic PNP Physical fitness test
without justifiable reason.
f. Failure to take PNP physical fitness test for 4 consecutive
periodic tests due to health reasons.
g. Failure to pass PNP physical fitness test for 2 consecutive
periodic tests or 4 cumulative periodic tests.
h. Non-Compliance with the minimum qualification standards for
the permanency of original appointment.
Attrition in Action - refers to the action containing the findings
and evidence on a specific means of attrition filed by a particular
screening committee before the concerned attrition board.

Authority - Managers must be able to give orders. Authority gives them


this right. Note that responsibility arises wherever authority is
exercised.

Budgeting - with all that goes with budgeting in the form of planning,
accounting and control.

Centralization - Centralization refers to the degree to which


subordinates are involved in decision making. Whether decision making
is centralized (to management) or decentralized (to subordinates) is
a question of proper proportion. The task is to find the optimum degree
of centralization for each situation.

Coordinating - that is the all-important duty of interrelating the


various parts of the work.

Demotion in Position - refers to the designation of a personnel to a


position lower than what is established for his/her rank or not
commensurate to his/her rank in the PNP table of organization.

Directing - that is the continuous task of making decisions and


embodying them in specific and general orders and instructions and
serving as the leader of the enterprise.

Discipline - Employees must obey and respect the rules that govern the
organization. Good discipline is the result of effective leadership,
a clear understanding between management and workers regarding the
organization’s rules, and the judicious use of penalties for infractions
of the rules.

Discipline - the practice of training people to obey rules or a


code of behavior, using punishment to correct disobedience.

Division of labor - Authority and responsibility are clearly defined


and officially sanctioned. Job descriptions are specified with
responsibilities and line of authority. All employees have thus
clearly defined rules in a system of authority and subordination.

Division of Work - This principle is the same as Adam Smith's


division of labor. Specialization increases output by making employees
more efficient.

Equity - Managers should be kind and fair to their subordinates.

Esprit de corps - Promoting team spirit will build harmony and unity
within the organization.

Field Training Program - refers to the training required to make the


temporary appointment of a new PNP member permanent.
Formal hierarchical structure - An organization is organized into a
hierarchy of authority and follows a clear chain of command. The
hierarchical structure effectively delineates the lines of authority
and the subordination of the lower levels to the upper levels of the
hierarchical structure.

Grievance - a wrong considered as grounds for complaint, or something


believed to cause distress.

Immediate Supervisor - refers to a person authorized to make the


performance evaluation rating of a PNP member.

Initiative - Employees who are allowed to originate and carry out plans
will exert high levels of effort.

Just Cause - refers to the legal grounds that would warrant the relief
or removal of a PNP member from his present position and designation
in the PNP organization.

Management by rules - A bureaucracy follows a consistent set of rules


that control the functions of the organization. Management controls
the lower levels of the organization's hierarchy by applying established
rules in a consistent and predictable manner.

Managers are salaried officials - A manager is a salaried official


and does own the administered unit. All elements of a bureaucracy are
defined with clearly defined roles and responsibilities and are managed
by trained and experienced specialists.

Mandatory Career Courses - refers to the required training for a PNP


member to be eligible for promotion to the next higher rank.

Max Weber - As a German academic, Weber was primarily interested in


the reasons behind the employees’ actions and in why people who work
in an organization accept the authority of their superiors and comply
with the rules of the organization.

Maximum Tenure of Position - is the maximum cumulative period for a


PNP member to hold a particular position level.

Mental Incapacity - is a condition where a PNP member is unable to


exercise his/her reasoning faculties or incapable of understanding and
acting with discernment his/her duties and responsibilities as a result
of illness or injury as may be determined by the PNP medical screening
committee.

Non-Promotion - refers to the non-advancement to the next higher rank


or position beyond the maximum prescribed period.

Order - People and materials should be in the right place at the


right time.
Organic Personnel To A Unit - is a PNP member assigned to a particular
unit covered with appropriate PNP assignment orders.

Original Appointment - refers to the appointment for the initial entry


of PNP member to the uniformed service who meets all the requirements
of the position.

Organizing - that is the establishment of the formal structure of


authority through which work subdivisions are arranged, defined, and
coordinated for the defined objective.

Pendency of an Attrition Action - refers to the stage when the


endorsement of the PRO regional director or the NSU director of a
PCO Attrition action has been officially received by the concerned
NHQ PCO attrition board through the NHQ screening committee report
of a PNCO attrition action has been officially received by the NHQ/
PRO/NSU attrition board.

Personnel Action on Attrition - is an action filed before the screening


committee based on a verified statement of an alleged means of
attrition by an initiating person.

Personnel Administration - Recruitment, induction, placement, transfer,


promotion, salary administration of Police personnel.

Personnel hired on grounds of technical competence - Appointment to


a position within the organization is made on the grounds of technical
competence. Work is assigned based on the experience and competence
of the individual.

Personnel Programs - refers to the activities programmed to implement


the organization philosophy or creed and the personnel philosophy of
central managers in relation to people so as to accomplish organizational
objectives.

Planning - that is working out in broad outline the things that need
to be done and the methods for doing them to accomplish the purpose
set for the enterprise.

Police Appraisal or Performance Rating - is the evaluation of the


traits, behavior and effectiveness of a police officer on the job as
determined by work standards.

Police Compensation - Financial compensation in the form of wages of


salaries constitutes the largest single expenditure for most
organizations. In Metropolitan Manila and other urban centers, wages of
salaries represent the sole source to meet the basic needs of food,
clothing and shelter.

Police Personnel Management - (Human Resources Management) may be


defined as that area of management concerned with human relations in
the police organization.
Police Personnel Planning – is a study of the labor supply of jobs,
which are composed with the demands for employees in an organization
to determine future personnel requirements, which either increase or
decrease.

Police Placement - is the process of making police officers adjusted


and knowledgeable in a new job and or working environment.

Police Recruitment - is the process of encouraging police applicant


from outside an organization to seek employment in an organization.

Recruitment - refers to the overall process of attracting,


selecting and appointing suitable candidates for jobs within
an organization, either permanent or temporary.

Police Selections (screening) - is the process of determining the


most qualified police applicant for a given position in the police
organization.

Police Training and Development – refers to any method used to improve


the attitude, knowledge, and skill or behavior pattern of an employee
for adequate performance of a given job.

Promotion - is the advancement of an employee's rank or position in


an organizational hierarchy system.

Promotion - means shifting of an employee to a higher position


carrying higher responsibilities, facilities, status and salaries.

Physical Fitness Test - the method of evaluating the physical condition


of PNP members in terms of stamina, strength, speed and agility.

Physical Incapacity - the inability of a PNP member to perform his/her


duties and responsibilities due to physical defect as a result if
disease or injury as may be determined by the PNP medical screening
committee.

Poor Performance - is the poor rating in the promulgated PNP


performance evaluation rating system.

Remuneration - Workers must be paid a fair wage for their services.

Reporting - that is keeping those to whom the executive is responsible


informed as to what is going on, which thus includes keeping himself
and his subordinates informed through records, research, and inspection.

Respondent - refers to the PNP member subjected to attrition proceedings.

Retirement - the termination of employment and official relations of a


PNP member who rendered at least 20 years of active service in the
government with payment of corresponding benefits.

Scalar Chain - The line of authority from top management to the lowest
ranks represents the scalar chain. Communications should follow this
chain. However, if following the chain creates delays,
cross-communications can be allowed if agreed to by all parties and
superiors are kept informed.

Second Level PCO Ranks - refers to police commissioned officers below


the third level ranks in the PNP.

Second Level PCNO Ranks - refers to all rank for police non
commissioned officers.

Separation - is the termination of employment and official relations


of a PNP member who rendered less than 20 years of active service in
the government with payment of corresponding benefits.

Stability of tenure of personnel - High employee turnover is


inefficient. Management should provide orderly personnel planning and
ensure that replacements are available to fill vacancies.

Staffing - that is the whole personnel function of bringing in and


training the staff and maintaining favorable conditions of work.

Subordination of individual interests to the general interest - The


interests of any one employee or group of employees should not take
precedence over the interests of the organization as a whole.

Third Level PCO Ranks - refers to police commissioned officers with


the rank of Police Senior Superintendent and higher.

Total Permanent Physical Disability - is any impairment of the body


which renders PNP member indefinitely incapable of substantially
performing the mandated duties and functions of his position.

Transfer - refers to a change in job assignment.

Unity of Command - Every employee should receive orders from only one
superior.

Unity of Direction - Each group of organizational activities that have


the same objective should be directed by one manager using one plan.

Waiver Program - refers to the waiver of the minimum age, height,


weight and educational requirements for the initial appointment to
the PNP pursuant to existing laws and policies.

Waiver - the act of choosing not to use or require something


that you are allowed to have or that is usually required.

Welfare - the health, happiness, and fortunes of a person or group.

Written documents - All decisions, rules and actions taken by the


organization are formulated and recorded in writing. Written documents
ensure that there is continuity of the organization’s policies and
procedures.

Comparative Police System Reviewer


1998 - Asean Chiefs of Police (Aseanapol) was estabished.

Members Aseanapol
1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
6. Brunei Darussalam
7. Vietnam
8. Laos PDR
9. Myanmar
10.Cambodia

Abu Sayyaf - Abu means father and sayyaf means swordsmith, is a


militant Islamist group based in and around Jolo and Basilan,
Philippines.

Al Qaeda - literally means the base, a global militant Islamist


organization founded by Osama bin Laden, Abdullah Azzam, and
several other militants.

Apostasy - is defined as the conscious abandonment of Islam by a


Muslim in word or through deed. It includes the act of converting to
another religion by a person who was born in a Muslim family or who
had previously accepted Islam.

Arvan Tavnii Tsagdaa - The National Police Agency of Mongolia.


Created in 1965 and with its headquarters in the capital Ulaanbaatar.

Asean Police - Comparison


1. Afghanistan - Name of Police Agency - ANP (Afghanistan National Police)
Under What Department - Ministry of the Interior
Highest Ranking Officer - Police General
Lowest Ranking Officer - 2nd Patrolman
2. Armenia - Name of Police Agency - Police of the Republic of Armenia
Under What Department - Ministry of Defense
Highest Ranking Officer - Police Colonel General
Lowest Ranking Officer - Junior Sergeant
3. Azerbaijan - Name of Police Agency - National Police of the Republic of
Azerbaijan
Under What Department - Ministry of the Internal Affairs
Highest Ranking Officer -
Lowest Ranking Officer -
4. Bahrain - Name of Police Agency - Bahrain National Police
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -
5. Bangladesh - Name of Police Agency - Bangladesh Police
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Constable
6. Bhutan - Name of Police Agency - Royal Bhutan Police
Under What Department - Ministry of Home and Cultural Affairs
Highest Ranking Officer - Gagpeon (Chief of Police)
Lowest Ranking Officer - Gagpa
7. Brunei - Name of Police Agency - Royal Brunei Police Force
Under What Department - Home Affairs Ministry
Highest Ranking Officer -
Lowest Ranking Officer - Constable
8. Myanmar - Name of Police Agency - Myanmar Police Force
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Police Major General
Lowest Ranking Officer - Private
9. Cambodia - Name of Police Agency - Cambodian Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Brigadier General
Lowest Ranking Officer - Officer Cadet
10.Peoples Republic of China - Name of Police Agency - Peoples Armed
Police Force
Under What Department - Ministry of Public Security
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Constable 2nd Class
11.Cyprus - Name of Police Agency - Cyprus Police Force
Under What Department - Ministry of Justice
Highest Ranking Officer - Chief of Police
Lowest Ranking Officer - Constable
12.East Timor - Name of Police Agency - National Police of East Timor
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer -
Lowest Ranking Officer -
13.Georgia - Name of Police Agency - Georgian National Police
Under What Department - Department of Public Safety
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Constable
14.Hongkong - Name of Police Agency - Hongkong Police Force
Under What Department - Operations and Support
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Constable
15.India - Name of Police Agency - Indian Police Service
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Commissioner
Lowest Ranking Officer -
16.Indonesia - Name of Police Agency - Indonesian National Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Police General
Lowest Ranking Officer - 2nd Bhayangkar
17.Iran - Name of Police Agency - Iranian National Police
Under What Department - Ministry of Interior and Justice
Highest Ranking Officer -
Lowest Ranking Officer -
18.Iraq - Name of Police Agency - Iraqi Police Service
Under What Department - Ministry of Interior
Highest Ranking Officer - Chief of Police
Lowest Ranking Officer - Patrolman
19.Israel - Name of Police Agency - Israeli Police Force
Under What Department - Ministry of Internal Security
Highest Ranking Officer - Commissioner
Lowest Ranking Officer - Constable
20.Japan - Name of Police Agency - National Police Agency
Under What Department - National Public Safety Commission
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Police Officer
21.Jordan - Name of Police Agency - Public security Force
Under What Department - Public Security Directorate of
the Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -
22.Kazakhstan - Name of Police Agency - National Police of Kazakhstan
Under What Department - National Security Committee of
Ministry of internal Affairs
Highest Ranking Officer - Procurator General
Lowest Ranking Officer - Ryadovoy
23.North Korea - Name of Police Agency - National Police Agency
Under What Department - Ministry of Public Security
Highest Ranking Officer - Daewon (Grand Marshall)
Lowest Ranking Officer - Chonsa (Private)
24.South Korea - Name of Police Agency - Korea National Police Agency (KNPA)
Under What Department - Ministry of Government Administration
and Home Affairs
Highest Ranking Officer - Commissioner General
Lowest Ranking Officer - Police Officer
25.Kuwait - Name of Police Agency - Kuwait National Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Lieutenant General
Lowest Ranking Officer - Constable
26.Kyrgyzstan - Name of Police Agency - Kyrgyzstan Police
Under What Department - Ministry of Interior
Highest Ranking Officer - General
Lowest Ranking Officer - Police Officer
27.Laos - Name of Police Agency - Laos National Police
Under What Department - Ministry of Public Security
Highest Ranking Officer - General
Lowest Ranking Officer - Constable
28.Lebanon - Name of Police Agency - International Security Forces
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Gendarme
29.Macau - Name of Police Agency - Macau National Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Superintendent
Lowest Ranking Officer - Guard
30.Malaysia - Name of Police Agency - Royal Malaysian Police
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Constable
31.Maldives - Name of Police Agency - Maldives Police
Under What Department - National Security and Defense Branch
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Lance Constable
32.Mongolia - Name of Police Agency - Mongolia Public Security Force
Under What Department - Ministry of Justice and Home Affairs
Highest Ranking Officer - General
Lowest Ranking Officer - Private
33.Nepal - Name of Police Agency - Nepal Police Force
Under What Department - Ministry of Home Affairs
Highest Ranking Officer - Inspector General
Lowest Ranking Officer - Constable
34.Oman - Name of Police Agency - Royal Oman Police
Under What Department - Ministry of Interior
Highest Ranking Officer - Lieutenant General
Lowest Ranking Officer - Conscript
35.Pakistan - Name of Police Agency - Pakistan Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Inspector General
Lowest Ranking Officer - Constable
36.Papua New Guinea - Name of Police Agency - Royal Papua New Guinea
Constabulary
Under What Department -
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Kiap (Patrol Officer)
37.Philippines - Name of Police Agency - Philippine National Police
Under What Department - Department of Interior and
Local Government
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Officer 1
38.Qatar - Name of Police Agency - Qatar National Police
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer - Shurti
39.Russia - Name of Police Agency - Militsiya
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Police Colonel
Lowest Ranking Officer - Police Cadet
40.Saudi Arabia - Name of Police Agency - Departmemnt of Security
Under What Department -
Highest Ranking Officer -
Lowest Ranking Officer -
41.Singapore - Name of Police Agency - Singapore Police Force
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Commissioner of Police
Lowest Ranking Officer - Police Constable
42.Sri Lanka - Name of Police Agency - Sri Lanka Police Service
Under What Department - Defense Ministry
Highest Ranking Officer - Inspector General of Police
Lowest Ranking Officer - Police Constable Class 4
43.Syria - Name of Police Agency - Syria Public Security Police
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Private
44.Taiwan - Name of Police Agency - National Police Agency
Under What Department - Ministry of Interior
Highest Ranking Officer - Police Supervisor General
Lowest Ranking Officer - Police Rank 4
45.Thailand - Name of Police Agency - Royal Thai Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Police General
Lowest Ranking Officer - Constable
46.Turkey - Name of Police Agency - Turkish Police
Under What Department - Ministry of Internal Affairs
Highest Ranking Officer - Director General
Lowest Ranking Officer - Police Officer\
47.Turkmenistan - Name of Police Agency - Turkmenistan National Police
Force
Under What Department - Ministry of State Security
Highest Ranking Officer -
Lowest Ranking Officer -
48.UAE Dubai - Name of Police Agency - National Police Forces
Under What Department - Ministry of Interior
Highest Ranking Officer - General Commander
Lowest Ranking Officer -
49.Uzbekistan - Name of Police Agency - Uzbekistan Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer - Director General
Lowest Ranking Officer - Constable
50.Vietnam - Name of Police Agency - Peoples Police of Vietnam
Under What Department - Ministry of Public Security
Highest Ranking Officer - General
Lowest Ranking Officer -
51.Yemen - Name of Police Agency - Yemen National Police Force
Under What Department - Ministry of Interior
Highest Ranking Officer -
Lowest Ranking Officer -

Basic Functions of Criminal Justice System


1. Policing
2. Adjudication
3. Correction

Centralized Police - A country with only one recognized police force


which operates entire that country. It uses a centralized system of
policing. Philippines is an example of centralized police because
the Philippine National Police has one central office with many
regional, provincial and local branches throughout the country.

Decentralized police - refers to a system where police


administrations and operations are independent from one state
to another. It is more applicable to countries with federal
government.

Comparative Criminology - Theories (Scheider)


Alertness to crime theory - is that as a nation develops,
people’s alertness to crime is heightened, so they report more
crime to police and also demand the police become more effective
at solving crime problems.

Chowkidar - in India, means one who inhabits a "chowki", police station


or guard house.

Economic or migration theory - is that crime everywhere is


the result of unrestrained migration and over population in
urban areas such as ghettos and slums.

Opportunity theory - is that along with higher standards of


living, victims become more careless of their belongings,
and opportunities for committing crime multiply.

Demographic theory - is based on the event of when a greater


number of children are being born, because as these baby booms
grow up, delinquent subcultures develop out of the adolescent
identity crisis. Deprivation theory holds that progress comes
along with rising expectations, and people at the bottom develop
unrealistic expectations while people at the top don’t see
themselves rising fast enough.

Modernization theory - sees the problem as society becoming too


complex.

Theory of anomie and synomie - (the latter being a term


referring to social cohesion on values), suggests that
progressive lifestyle and norms result in the disintegration
of older norms that once held people together (anomie).

Chusai-san - the rural police officer in Japan.

Comparative Criminal Justice - it is as subfield of the study of


criminal justice systems worldwide. It studies the similarities and
differences in structure, goals, punishment and emphasis on rights
as well as the history and political stature of different systems.

Comparative Police System - it is the science and art of investigating


and comparing the police system of nations. It covers the study of
police organizations, trainings and methods of policing of various nations.

Confucian thought - The belief that social order can be achieved


through moral and political reform because man is by nature good or
capable of goodness.

Countries With Less Or No Crime


1. Switzerland
2. Japan
3. Ireland
4. Egypt - Siwa Oasis

Cybercrimes - are generally defined as any type of illegal activity


that makes use of the Internet, a private or public network, or an
in-house computer system.

Cyberstalking - a technologically based attack on person because


of anger, revenge, or control.

Computer Fraud - altering data or gaining unlawful use of


computer or services.

Identity Theft - using another's personal information to commit


fraud or other crimes.

Computer Viruses - a program that copies itself and infects a


computer.

Denial of Service Attacks - making service unavailable to users.

Malware - malicious software that interferes with the functioning


of computers and sending data of user over the internet.

Information warfare - attacks on information and computer systems.

Different Police Global Organizations


1. ASEAN Chiefs of Police
2. Europol
3. IACP
4. Interpol
5. UN policing

Drug Trafficking - Drug trafficking is the commercial exchange of drugs


and drug paraphernalia. This include any equipment used to manufacture
illegal drugs or use them.

Elliniki Astynomia - is the national police service of Greece.

EUROPOL - It means European Police Office or Europol. Europol is the


European Union’s criminal intelligence agency. It became fully
operational on July 1,1999. Europol only acts on request at present.

EUROPOL's Mandate
1. llicit drug trafficking
2. Illicit immigration networks;
3. Terrorism; Forgery of money (counterfeiting of the euro)
and other means of payment;
4. Trafficking in human beings (including child pornography);
5. Illicit vehicle trafficking;
6. Money laundering
Gendarmerie Nationale - is the national rural police force of Algeria.

National Gendarmerie - is a branch of the French Armed Forces,


in charge of public safety, with police duties among the
civilian population.

Globalization - is a process of interaction and integration among


the people, companies, and government of different nations, as process
driven by international trade and investment and aided by information
technology.

Hezbollah - literally means "Party of God", is a Shi'a Islamist militant


group and political party based in Lebanon.

Hongkong Police Force - It is the world's second, and Asia's first,


police agency to operate with a modern policing system.

Human Trafficking - the illegal movement of people, typically for the


purposes of forced labor or commercial sexual exploitation.

IACP - (International Association of Chiefs of Police) the world’s


oldest and largest nonprofit membership organization of police
executives, with over 20,000 members in over 80 different countries.
IACP’s leadership consists of the operating chief executes of
international, federal, state and local agencies of all sizes.

Illegal Drug Trade - the term being used in the international scene,
it is a more comprehensive term than drug trafficking as it includes
cultivation and manufacture.

International Crime - Defined as crimes against the peace and security


of mankind.

International Crimes
1. Aggression (by one state against another)
2. Treat of aggression
3. Genocide (destroying a national, ethnic, racial, or
religious group)
4. Terrorism
5. Drug trafficking

International Criminal Justice - It involves the study and description


of one country’s law, criminal procedure, or justice. Comparative
criminal justice system attempts to build on the knowledge of criminal
justice in one country by investigating and evaluating, in terms of
another country, culture, or institution.

Interpol - (International Criminal Police Organization) It began in


1923,and at the same time its name was International Criminal
Police Commission. In 1956, its name became International Criminal
Police Organization. Slowly, the name of this international organization
became famous as Interpol. Now, Interpol is the second biggest
international organization; the United Nations is the first.
Jemaah Islamiyah - (Islamic Congregation) is a Southeast Asian militant
Islamist terrorist organization dedicated to the establishment of a
regional Islamic caliphate in Southeast Asia.

Jolly R. Bugarin - a Filipino former President of the Interpol, from


1980 to 1984. He is the only Filipino who had achieved that feat.

Koban - is a small neighborhood police station found in Japan. Often


translated to English as Police Box. Koban are staffed by a relatively
small number of police officers (usually 3-5 officers).

Chuzaisho - (residential police box) is usually staffed by a


single officer. The Chuzaisho is typically located outside of
urban districts in villages and is operated by one community
officer, who resides with his family in this police facility.

Hashutsusho - (police box) The Hashutsusho is typically placed


in an urban district and is operated by a number of community
police officers who work under a shift system. The community
officers generally live in the jurisdiction served by the
Hashutsusho.

Model System - is used to described the countries being used as


topics of discussion. These countries are chosen not because they are
greater than others but because they are the focus of comparison
being studied.

Money Laundering - the concealment of the origins of illegally obtained


money, typically by means of transfers involving foreign banks or
legitimate businesses.

Mutawa - religious police in Saudi Arabia whose duty is to ensure


strict adherence to established codes of conduct.

National Public Safety Commission - is the policy making and oversight


body of the national police forces in Japan and South Korea.

Ngā Pirihimana o Aotearoa - it literally means "the policeman", is the


national police force of New Zealand. Policing in New Zealand started
in 1840.

Palermo Protocols - are three protocols that were adopted by the


United Nations to supplement the 2000 Convention against Transnational
Organized Crime. They are:
1. The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children; and
2. The Protocol against the Smuggling of Migrants by Land,
Sea and Air.
3. The Protocol against the Illicit Manufacturing and Trafficking
in Firearms, Their Parts and Components and Ammunition

POLRI - (Kepolisian Negara Republik Indonesia) Indonesian National Police.


The Chief of Police of Indonesia is called Kapolri.

Police Box - is a British telephone kiosk or callbox located in a public


place for the use of members of the police, or for members of the public
to contact the police. Most are disused at present with the advent of
two way radio and mobile phones.

Polis Diraja - the Royal Malaysia police.

RA 8792 - Electronic Commerce Act of 2000.

RA 9208 - The Anti-Trafficking in Persons Act of 2003.

RA 9165 - Comprehensive Dangerous Drugs Act of 2002.

RA 9372 - Human Security Act of 2007.

RA 9995 - Anti-Photo and Voyeurism Act of 2009.

Schupo - (Schutzpolizei), the state level police of the German States.

Taliban - means "students", is an Islamic fundamentalist political


movement in Afghanistan.

Terrorism - the unofficial or unauthorized use of violence and


intimidation in the pursuit of political aims.

Transnational Crime - It is a term that has been used in comparative


and international criminal justice study in recent years to reflect
the complexity and enormity of global crime issues. It is defined
by the United Nations (UN) offences whose inception, proportion
and/or direct or indirect effects involve in more than one country.

Examples of Transnational Crimes


1. Money laundering
2. Drug trafficking
3. Terrorism
4. Human trafficking
5. Cyber crime

Transnational Organized Crime - involves the planning and execution


of illicit business ventures by groups or networks of individuals
working in more than one country. These criminal groups use systematic
violence and corruption to achieve their goal. Crimes commonly
include money laundering; human smuggling; cyber crime; and
trafficking of humans, drugs, weapons, endangered species, body parts,
or nuclear material.

Types of Court Systems of the World


1. Adversarial System - the accused is innocent until proven guilty.
2. Inquisitorial System - the accused is guilty until proven innocent.

Vetting - is the process of performing a background check on someone


to ensure that they are suitable for a job requiring secrecy, loyalty,
or trustworthiness.

Well Known Organized Crime Group


1. Russian Mafia - Around 200 Russian groups that operate in nearly
60 countries worldwide. They have been involved in racketeering,
fraud, tax evasion, gambling, drug trafficking, ransom, robbery
and murder.
2. La Cosa Nostra - Known as the Italian or Italian-American mafia.
The most prominent organized crime group in the world from the
1920’s to the 1990’s. They have been involved in violence, arson,
bombings, torture, sharking, gambling, drug trafficking, health
insurance fraud, and political and judicial corruption.
3. Yakuza - Japanese criminal group. Often involved in multinational
criminals activities, including human trafficking, gambling,
prostitution, and undermining licit businesses.
4. FukChing - Chinese organized group in the United States. They
have been involved in smuggling, street violence, and human
trafficking.
5. Triads - Underground criminal societies based in Hong Kong. They
control secret markets and bus routes and are often involved in
money laundering and drug trafficking.
6. Heijin - Taiwanese gangsters who are often executives in large
corporations. They are often involved in white collar crimes,
such as illegal stock trading and bribery, and sometimes run
for public office.
7. Jao Pho - Organized crime group in Thailand. They are often
involved in illegal political and business activity.
8. Red Wa - Gangsters from Thailand. They are involved in
manufacturing and trafficking methamphetamine.
CRIMINALISTIC

Personal Identification Reviewer


Personal Identification

Alphonse Bertillon - was a French criminologist and anthropologist who created the
first system of physical measurements, photography, and record-keeping that police
could use to identify recidivist criminals.

Ancient Babylon - fingerprints were used in clay tablets for business transactions.
1000 - 2000 BC

Anthropometry - the first system of personal identification.

Azizul Haque and Hem Chandra Bose(1897) - Two Indian fingerprint experts credited
with primary development of the Henry System of fingerprint classification (named
after their supervisor,
Edward Richard Henry).

Bertillon System - a system of identification which focuses on the meticulous


measurement and recording of different parts and components of the human body.

Chiroscopy – It is the examination and thorough study of the palms of the human
hand as a point identifying persons.

Core -
1. Approximate center of the pattern
2. It is placed upon or within the innermost sufficient recurve.

Dactyl - finger

Dactylography - the scientific study of fingerprints as a means of identification.

Dactylomancy - the scientific study of fingerprint for the purposes of personality


interpretation.

Dactyloscopy - a method of studying fingerprints to establish identification.

Delta -
1. point on a ridge at or nearest to the point of divergence of two typelines and
2. is located at or directly in front of the point of divergence.

Dermal Papillae - is the irregular pegs composed of delicate connective tissue


protruding and forming ridges of the skin on the fingers, palms, toes, and soles of the
feet.

Dr. Henry P. DeForrest - he accomplished the first fingerprint file established in the
United States, and the first use of fingerprinting by a U.S. government agency.

Dr. Nehemiah Grew - in 1684, he was the first European to publish friction ridge skin
observations.

Edgeoscopy – the study of the morphological characteristics of friction ridges; shape


or contour of the edges of friction ridges.

Edmond Locard - informally referred to as the Sherlock Holmes of France, he


developed the science of poroscopy, the study of fingerprint pores and the
impressions produced by these pores. He went on to write that if 12 specific points
were identical between two fingerprints, it would be sufficient for positive
identification. This work led to the use of fingerprints in identifying criminals being
adopted over Bertillon's earlier technique of anthropometry.

Fingerprint - is an impression of the friction ridge of all or any part of the finger.
Fingerprint ridges are formed during the third to fourth month of fetal development.

Fingerprint Classification Systems


1. The Henry Classification System – developed by Henry in the late 1800s.
2. Icnofalangometric System – the original name of the system developed by
Vucetichin 1891
3. Dactiloscopy – the new name of the system developed by Vucetich.
4. The Oloriz System of Classification – developed by Oloriz.
Identakey – developed in the 1930s by G. Tyler Mairs.
5. The American System of Fingerprint Classification – developed by Parke in1903.
6. The Conley System. The Flack-Conley System – developed in 1906 in New
Jersey, an improved Conley System.
7. NCIC Fingerprint Classification System. Collins System – a classification system
for single fingerprint used in Scotland Yard in the early 1900s.
8. Jorgensen System – a classification system for single fingerprints used in the
early1900s.
9. Battley System – a classification system for single fingerprints used in the 1930s

Friction Skin - also called papillary skin, is the epidermal layer found on the ventral
or lower surface of the hands and feet covered with ridges and furrows.

Fundamental layers of friction skin


1. Epidermis - outer layer (stratum corneum, stratum mucusum)
2. Dermis - inner layer (blood vessel, dermal papipllae, various glands and nerves)

Furrows - the depressed or canal-like structure/the white space between the ridges.

Gilbert Thompson - He used his thumb print on a document to prevent forgery. First
known use of fingerprints in the U.S.

John Evangelist Purkinje - anatomy professor at the University of Breslau, in 1823,


he published his thesis discussing nine fingerprint patterns but he made no mention
of the value of fingerprints for
personal identification. He is considered by many as the Father of Dactyloscopy. For
purposes of the
criminology licensure examination, Johannes Evangelist Purkenji is the same person
as John Evangelist Purkinje.

Juan Vucetich - In 1892, two boys were brutally murdered in the village of Necochea,
near Buenos Aires, Argentina. Initially, suspicion fell on a man named Velasquez, a
suitor of the children's mother, Francisca Rojas. Investigators found a bloody
fingerprint at the crime scene and contacted Juan Vucetich, who was developing a
system of fingerprint identification for police use. Vucetich compared the fingerprints
of Rojas and Velasquez with the bloody fingerprint. Francisca Rojas had denied
touching the bloody bodies, but the fingerprint matched one of hers. Confronted with
the evidence, she confessed—the first successful use of fingerprint identification in a
murder investigation.

Loop -
1. One or more ridges enter upon either side
2. Recurve
3. Touch or pass an imaginary line between delta and core
4. Pass out or tend to pass out upon the same side the ridges entered.

Three Loop Characteristics


1. A sufficient recurve
2. A Delta
3. A ridge count across a looping ridge

Marcelo Malpighi - in 1686, an anatomy professor at the University of Bologna,


noted fingerprint ridges, spirals and loops in his treatise. A layer of skin was named
after him; "Malpighi" layer, which is approximately 1.8mm thick. Malpighi is
considered as the "Grandfather of Dactyloscopy".

Mark Twain - author of the novel Pudd'nhead Wilson where one of the characters
has a hobby of collecting fingerprints.

Paul-Jean Coulier - of Val-de-Grâce in Paris, published his observations that (latent)


fingerprints can be developed on paper by iodine fuming, explaining how to preserve
(fix) such developed impressions and mentioning the potential for identifying
suspects' fingerprints by
use of a magnifying glass.

Poroscopy – refers to the examination of the shape,size and arrangement of the


small opening on friction ridge through which body fluids are secreted or released.
Poros (a pair), Skopien (to study)

Podoscopy – a term coined by Wilder and Wentwrth which refers to the examination
of the soles and their significance in personal identification. Podo (foot), Skopien (to
study)

Ridge - the elevated or hill-like structure (the black lines with white dots)
1. Recurving Ridge - a single ridge that curves back to the direction where it started.
2. Ending Ridge - it refers to an abrupt end of a ridge
3. Enclosure or Lake Ridge - a single ridge that divides into two but does not remain
open and meet at a certain point to form the original single ridge.
4. Sufficent Recurve - a recurving ridge which is complete with its shoulder free from
any appendage.
5.Diverging Ridge - two ridges that split apart.
6.Converging Ridge - two ridges that meet at certain point.
7.Bifurcation - a ridge formation in which a single ridge splits or divides into 2 or
more ridges.
8.Ridge Dot (Island Ridge) - refers to a ridge formation in a form of a dot or period.
9.Appendage - a short ridge found at the top or summit of a recurve.
10.Rod (Bar) - a short or long ridge found inside the recurve directed towards the
core.
11.Obstruction Ridge - short ridge found inside the recurve which blocks the inner
line of flow towards the core.
12.Typelines - a diverging ridge that tends to surround the pattern area and serves
as a basic boundary of fingerprint impression.
13.Pattern Area - a part of a loop or whorl pattern surrounded by typelines and
consisting of the delta, the core and other ridges.
14.Delta - also called the outer terminus, is a point along the ridge formation found at
the center or near the center of the diverging typelines.
15.Core - also called the heart or inner terminus, usually found at the center of the
innermost recurve.

Ridge Destruction - ridge destruction of the friction skin can either be temporary or
permanent. Generally temporary destruction occur when only the epidermis layer of
the friction skin has been damaged while permanent damage can be injected to the
friction skin due to the damage in the dermis layer.

Ridge Formation - ridges start to form in the fingers and thumb during the 3rd to 4th
month of fetus life.

Ridgeology – describes the individualization process of any area of friction skin using
allavailable detail.

Ridge Characteristics
1. Ridge Dots - An isolated ridge unit whose length approximates its width in size.
2. Bifurcations - The point at which one friction ridge divides into two friction ridges.
3. Trifurcations - The point at which one friction ridge divides into three friction
ridges.
4. Ending Ridge - A single friction ridge that terminates within the friction ridge
structure.
5. Ridge Crossing - A point where two ridge units intersect.
6. Enclosures (Lakes) - A single friction ridge that bifurcates and rejoins after a short
course and continues as a single friction ridge.
7. Short Ridges (Islands) - Friction ridges of varying lengths.
8. Spurs (Hooks) - A bifurcation with one short ridge branching off a longer ridge.
9. Bridges - A connecting friction ridge between parallel running ridges, generally
right angles.

Sir Edward Richard Henry - he was appointed Inspector-General of Police of


Bengal, India in 1891, he developed a system of fingerprint classification enabling
fingerprint records to be organized and searched with relative ease.

Sir Francis Galton - He devised a method of classifying fingerprints that proved


useful in forensic science. He pointed out that there were specific types of fingerprint
patterns. He described and classified them into eight broad categories: 1: plain arch,
2: tented arch, 3: simple loop, 4: central pocket loop, 5: double loop, 6: lateral pocket
loop, 7: plain whorl, and 8: accidental

Sir Henry Faulds - his first paper on the subject of fingerprint was published in the
scientific journal Nature in 1880. Examining his own fingertips and those of friends,
he became convinced that the
pattern of ridges was unique to each individual.

Sir William James Herschel - was a British officer in India who used fingerprints for
identification on contracts.

Skopien - to study or examine.

Sweat duct - the passage way.

Sweat gland - the producers of sweat.

Sweat pores - the tiny opening/the tiny white dot

Time Line - Fingerprints

1000-2000 B.C. - Fingerprints were used on clay tablets for business transactions in
ancient Babylon.

3rd Century B.C. - Thumbprints begin to be used on clay seals in China to “sign”
documents.

610-907 A.D. - During the T’ang Dynasty, a time when imperial China was one of the
most powerful and wealthy regions of the world, fingerprints are reportedly used on
official documents.

1st Century A.D. - A petroglyph located on a cliff face in Nova Scotia depicts a hand
with exaggerated ridges and finger whorls, presumably left by the Mi'kmaq people.

14th Century A.D. - Many official government documents in Persia have fingerprint
impressions. One government physician makes the observation that no two
fingerprints were an exact match.

1686 - At the University of Bologna in Italy, a professor of anatomy named Marcello


Malpighi notes the common characteristics of spirals, loops and ridges in
fingerprints, using the newly invented microscope for his studies. In time, a 1.88mm
thick layer of skin, the “Malpighi layer,” was named after him. Although Malpighi was
likely the first to document types of fingerprints, the value of fingerprints as
identification tools was never mentioned in his writings.

1823 - A thesis is published by Johannes Evengelista Purkinje, professor of anatomy


with the University of Breslau, Prussia. The thesis details a full nine different
fingerprint patterns. Still, like Malpighi, no mention is made of fingerprints as an
individual identification method.

1858 - The Chief Magistrate of the Hooghly district in Jungipoor, India, Sir William
Herschel, first used fingerprints to “sign” contracts with native Indians. In July of
1858, a local businessman named Rajyadhar Konai put his hand print on the back of
a contract at Herschel’s request. Herschel was not
motivated by the need to prove personal identity; rather, his motivation was to simply
“frighten (Konai) out of all thought of repudiating his signature.” As the locals felt
more bound to a contract through this personal contact than if it was just signed, as
did the ancient Babylonians and Chinese, Herschel adopted the practice
permanently. Later, only the prints of the right index and middle fingers were
required on contracts. In time, after viewing a number of fingerprints, Herschel
noticed that no two prints were exactly alike, and he observed that even in
widespread use, the fingerprints could be used for personal identification purposes.

1880 - Dr. Henry Faulds, a British surgeon and Superintendent of Tsukiji Hospital in
Tokyo, published an article in the Scientific Journal, "Nautre" (nature). He discussed
fingerprints as a means of personal identification, and the use of printers ink as a
method for obtaining such fingerprints. Faulds had begun his study of what he called
“skin-furrows” during the 1870s after looking at fingerprints on pieces of old clay
pottery. He is also credited with the first fingerprint identification: a greasy print left
by a laboratory worker on a bottle of alcohol. Soon, Faulds began to recognize that
the distinctive patterns on fingers held great promise as a means of individual
identification, and developed a classification system for recording these inked
impressions. Also in 1880, Faulds sent a description of his fingerprint classification
system to Sir Charles Darwin. Darwin, aging and in poor health, declined to assist
Dr. Faulds in the further study of fingerprints, but forwarded the information on to his
cousin, British scientist Sir Francis Galton.

1882 - Gilbert Thompson, employed by the U.S. Geological Survey in New Mexico,
uses his own fingerprints on a document to guard against forgery. This event is the
first known use of fingerprints for identification in America.

1883 - “Life on the Mississippi,” a novel by Mark Twain, tells the story of a murderer
who is identified by the use of fingerprints. His later book "Pudd'n Head Wilson”
includes a courtroom drama involving fingerprint identification.

1888 - Sir Francis Galton’s began his study of fingerprints during the 1880s, primarily
to develop a tool for determining genetic history and hereditary traits. Through
careful study of the work of Faulds, which he learned of through his cousin
Sir Charles Darwin, as well as his examination of fingerprints collected by Sir William
Herschel, Galton became the first to provide scientific evidence that no two
fingerprints are exactly the same, and that prints remain the same throughout a
person’s lifetime. He calculated that the odds of finding two identical fingerprints
were 1 in 64 billion.

1892 - Galton’s book “Fingerprints” is published, the first of its kind. In the book,
Galton detailed the first classification system for fingerprints; he identified three
types (loop, whorl, and arch) of characteristics for fingerprints (also known as
minutia). These characteristics are to an extent still in use today, often referred to as
Galton’s Details.

1892 - Juan Vucetich, an Argentine police official, had recently begun keeping the
first fingerprint files based on Galton’s Details. History was made that year when
Vucetich made the first criminal fingerprint identification. A woman named Rojas had
murdered her two sons, then cut her own throat to deflect blame from herself. Rojas
left a bloody print on a doorpost. After investigators matched the crime scene print to
that of the accused, Rojas confessed. Vucetich eventually developed his own
system of classification, and published a book entitled Dactiloscopía Comparada
("Comparative Fingerprinting") in 1904, detailing the Vucetich system, still the most
used system in Latin America.

1896 - British official Sir Edward Richard Henry had been living in Bengal, and was
looking to use a system similar to that of Herschel’s to eliminate problems within his
jurisdiction. After visiting Sir Francis Galton in England, Henry returned to
Bengal and instituted a fingerprinting program for all prisoners. By July of 1896,
Henry wrote in a report that the classification limitations had not yet been addressed.
A short time later, Henry developed a system of his own, which included
1,024 primary classifications. Within a year, the Governor General signed a
resolution directing that fingerprinting was to be the official method of identifying
criminals in British India.

1901 - Back in England and Wales, the success of the “Henry Fingerprint
Classification System” in India was creating a stir, and a committee was formed to
review Scotland Yard's identification methods. Henry was then transferred to
England, where he began training investigators to use the Henry Classification
System after founding Scotland Yard's Central Fingerprint Bureau. Within a few
years, the Henry Classification System was in use around the world, and fingerprints
had been established as the uniform system of identification for the future. The
Henry Classification System is still in use today in English speaking countries around
the globe.

1902 - Alphonse Bertillon, director of the Bureau of Identification of the Paris Police,
is responsible for the first criminal identification of a fingerprint without a known
suspect. A print taken from the scene of a homicide was compared against the
criminal fingerprints already on file, and a match was made, marking another
milestone in law enforcement technology. Meanwhile, the New York Civil Service
Commission, spearheaded by Dr. Henry P. DeForrest, institutes testing of the first
systematic use of fingerprints in the United States.

1903 - Fingerprinting technology comes into widespread use in the United States, as
the New York Police Department, the New York State Prison system and the Federal
Bureau of Prisons begin
working with the new science.

1904 - The St. Louis Police Department and the Leavenworth State Penitentiary in
Kansas start utilizing fingerprinting, assisted by a Sergeant from Scotland Yard who
had been guarding the British Display at the St. Louis Exposition.

1905 - The U.S. Army gets on the fingerprinting bandwagon, and within three years
was joined by the U.S. Navy and Marine Corps. In the ensuing 25 years, as more
law enforcement agencies joined in using fingerprints as personal identification
methods, these agencies began sending copies of the fingerprint cards to the
recently established National Bureau of Criminal Investigation.

1911 - The first central storage location for fingerprints in North America is
established in Ottawa by Edward Foster of the Dominion Police Force. The
repository is maintained by the Royal Canadian Mounted Police, and while it
originally held only 2000 sets of fingerprints, today the number is over 2 million.

1924 - The U.S. Congress acts to establish the Identification Division of the F.B.I.
The National Bureau and Leavenworth are consolidated to form the basis of the
F.B.I. fingerprint repository. By 1946, the F.B.I. had processed 100 million fingerprint
cards; that number doubles by 1971.

1990s - AFIS, or Automated Fingerprint Identification Systems, begin widespread


use around the country. This computerized system of storing and cross-referencing
criminal fingerprint records would eventually become capable of searching millions of
fingerprint files in minutes, revolutionizing law enforcement efforts.

1996 - As Americans become more concerned with the growing missing and
abducted children problem, and law enforcement groups urge the fingerprinting of
children for investigative purposes in
the event of a child becoming missing, Chris Migliaro founds Fingerprint America in
Albany, NY. The company provides a simple, at-home fingerprinting and
identification kit for parents,
maintaining the family’s privacy while protecting and educating children about the
dangers of abduction. By 2001, the company distributes over 5 million Child ID
Fingerprinting Kits around the world.

1999 - The FBI phases out the use of paper fingerprint cards with their new
Integrated AFIS (IAFIS) site at Clarksburg, West Virginia. IAFIS will starts with
individual computerized fingerprint records
for approximately 33 million criminals, while the outdated paper cards for the civil
files are kept at a facility in Fairmont, West Virginia.

Typelines -
1. Two innermost ridges that start or go parallel
2. Diverge and surround or tend to surround the pattern area

Types of Fingerprints
1. Visible Prints
2. Latent Prints
3. Impressed Prints

Visible Prints - also called patent prints and are left in some medium, like blood, that
reveals them to the naked eye when blood, dirt, ink or grease on the finger come into
contact with a smooth surface and leave a friction ridge impression that is visible
without development.

Latent Prints - not apparent to the naked eye. They are


formed from the sweat from sebaceous glands on the body or
water, salt, amino acids and oils contained in sweat.
They can be made sufficiently visible by dusting, fuming or
chemical reagents.

Impressed prints - also called plastic prints and are


indentations left in soft pliable surfaces, such as clay,
wax, paint or another surface that will take the impression.
They are visible and can be viewed or photographed without
development.

Types of Patterns
1. Arch a. Plain Arch
b. Tented Arch
2. Loop a. Radial Loop
b. Ulnar Loop
3. Whorl a. Plain Whorl
b. Central Pocket Loop
c. Double Loop
d. Accidental Whorl

Plain Arch - 1. Ridges enter upon one side


2. Make a rise or wave in the center
3. Flow or tend to flow out upon the
opposite side.

Tented Arch - Possesses an 1. Angle


2. Up thrust
3. Two of The Three basic
characteristics of the loop

Ulnar loop - flow toward the little finger - ulna bone.

Radial Loop - flow toward the thumb - radius bone.

Plain Whorl - 1. Consists of one or more ridges which make


or tend to make a complete circuit
2. With 2 delta's
3. Between which, when an imaginary line is
drawn, at least one recurving ridge within
the inner pattern area is cut or touched.

Central Pocket Loop - 1. Consists of at least one recurving


ridge or
2. An obstruction at right angles to
the line of flow
3. With 2 delta's
4. Between which, when an imaginary
line is drawn, no recurving ridge
within the inner pattern area is
cut or touched.

Double Loop - 1. Consists of two separate loop formations


2. With two separate and distinct set of
shoulders and
3. Two delta's

Accidental Whorl - 1. Consists of a combination of two


different types of patterns with the
exception of the plain arch
2. With 2 or more delta's or
3. A pattern which possesses some of the
requirements for 2 or more different
types or a pattern which conforms to
none of the definitions.
Police Photography Reviewer
Forensic Photography Reviewer
Alhazen (Ibn Al-Haytham) - a great authority on optics in the Middle
Ages who lived around 1000 AD, invented the first pinhole camera,
(also called the Camera Obscura } and was able to explain why the
images were upside down.

Angelo Sala - a self educated chemist, he discovered that when paper


contained powdered silver nitrate it would react with sunlight, causing
it to darken. These pioneering experiments with silver salts were a
crucial step towards the later invention of photography. He published
his findings in a pamphlet in 1614.

Anna Atkins - (1799- 1871) an English Botanist, she is considered


to be the first female photographer.

Aristotle - he observed and noted the first casual reference to the


optic laws that made pinhole cameras possible, around 330 BC, he
questioned why the sun could make a circular image when it shined
through a square hole.

Arthur Fellig - (Weegee) became famous because of his frequent,


seemingly prescient arrivals at scenes only minutes after crimes,
fires or other emergencies were reported to authorities.

Carl William Scheele - (1742-1786) Swedish scientist, self-educated.


He used to work as an assistant in pharmacies and showed a talent in
chemistry from a very young age. In spite an offer made to him to
study in London or Berlin, he operated a pharmacy in Kφping where he
spend the rest of his life and made all his important inventions.
He was especially interest on chemical analysis and worked particularly
with the chemical reactions between silver nitrate and sunlight,
therefore making a break through in the chemistry of photography.
The records from his experiments were of a great importance for the
next generations of scientists.

Digital photography - uses an array of electronic photo detectors to


capture the image focused by the lens, as opposed to an exposure on
photographic film.

Emulsion - is a mixture of two or more liquids that are normally


immiscible (nonmixable or unblendable). Emulsions are part of a more
general class of two-phase systems of matter called colloids.

Exposure - is the amount of light per unit area (the image plane
illuminance times the exposure time) reaching a photographic film,
as determined by shutter speed, lens aperture and scene luminance.

Film Speed - is the measure of a photographic film's sensitivity


to light, determined by sensitometry and measured on various
numerical scales, the most recent being the ISO system.

Forensic Photography - (forensic imaging)(crime scene photography)


it is the art of producing an accurate reproduction of a crime scene
or an accident scene using photography for the benefit of a court or
to aid in an investigation.

Frederick Scoff Archer - an English sculptor who invented the wet


plate negative in 1851. Using a viscous solution of collodion, he
coated glass with light-sensitive silver salts. Because it was glass
and not paper, this wet plate created a more stable and detailed negative.

Gelatin - It is used to hold silver halide crystals in an emulsion in


virtually all photographic films and photographic papers.

George Eastman - he invented in 1889 a film with a base that was


flexible, unbreakable, and could be rolled. Emulsions coated on a
cellulose nitrate film base, such as Eastman's, made the mass-produced
box camera a reality.

Hamilton Smith - he patented in 1856 the Tintypes, another medium that


heralded the birth of photography. A thin sheet of iron was used to
provide a base for light-sensitive material, yielding a positive image.

Tintypes - are a variation of the collodion wet plate process.


The emulsion is painted onto a japanned (varnished) iron plate,
which is exposed in the camera.

Heliographs - (sun prints) were the prototype for the modern photograph.

Henry Fox Talbot - an English botanist and mathematician and The


inventor of the first negative from which multiple postive prints
were made.

Hercules Florence - (1804-1879) Few details are known for his life.
In 1824 goes to Brazil and takes part in a scientific mission at the
Amazon, where he becomes preoccupied with the idea of recording images
from his trip. From 1830 devotes himself to research and
experimentation for photography. The above, gives Brazil the ability
to claim that is one of the places in the world, where photography
was found.

Hippolyte Bayard - (1807-1887) The most unfortunate from the pioneers


of photography. Discovered one direct positive photographic method.
He was the first person to hold a photographic exhibition (for
humanitarian reasons) and the first who combined two negatives to
created one print (called Combination Printing). As a civil servant
and with five hundred franks that received as financial help from
Arago for improving his method, prevented him from presenting the
discovery of photography at the French Academy of Sciences.
History of Photography - Timeline

Ancient Times: Camera obscuras used to form images on walls in


darkened rooms; image formation via a pinhole

16th century: Brightness and clarity of camera obscuras improved by


enlarging the hole inserting a telescope lens

17th century: Camera obscuras in frequent use by artists and made


portable in the form of sedan chairs

1727: Professor J. Schulze mixes chalk, nitric acid, and silver in


a flask; notices darkening on side of flask exposed to sunlight.
Accidental creation of the first photo-sensitive compound.

1800: Thomas Wedgwood makes "sun pictures" by placing opaque objects


on leather treated with silver nitrate; resulting images deteriorated
rapidly, however, if displayed under light stronger than from candles.

1816: Nicéphore Niépce combines the camera obscura with


photosensitive paper

1826: Niépce creates a permanent image

1827: Joseph Nicephore Niepce made the first known photographic


image using the camera obscura. The camera obscura was a tool
used by artists to draw.

1834: Henry Fox Talbot creates permanent (negative) images using


paper soaked in silver chloride and fixed with a salt solution.
Talbot created positive images by contact printing onto another
sheet of paper.

1837: Louis Daguerre creates images on silver-plated copper, coated


with silver iodide and "developed" with warmed mercury; Daguerre is
awarded a state pension by the French government in exchange for
publication of methods and the rights by other French citizens to use
the Daguerreotype process.

1841: Talbot patents his process under the name "calotype".

1851: Frederick Scott Archer, a sculptor in London, improves


photographic resolution by spreading a mixture of collodion
(nitrated cotton dissolved in ether and alcoohol) and chemicals on
sheets of glass. Wet plate collodion photography was much cheaper
than daguerreotypes, the negative/positive process permitted unlimited
reproductions, and the process was published but not patented.

1853: Nadar (Felix Toumachon) opens his portrait studio in Paris

1854: Adolphe Disderi develops carte-de-visite photography in Paris,


leading to worldwide boom in portrait studios for the next decade
1855: Beginning of stereoscopic era

1855-57: Direct positive images on glass (ambrotypes) and metal


(tintypes or ferrotypes) popular in the US.

1861: Scottish physicist James Clerk-Maxwell demonstrates a color


photography system involving three black and white photographs, each
taken through a red, green, or blue filter. The photos were turned
into lantern slides and projected in registration with the same color
filters. This is the "color separation" method.

1861-65: Mathew Brady and staff (mostly staff) covers the American
Civil War, exposing 7000 negatives

1868: Ducas de Hauron publishes a book proposing a variety of methods


for color photography.

1870: Center of period in which the US Congress sent photographers


out to the West. The most famous images were taken by William
Jackson and Tim O'Sullivan.

1871: Richard Leach Maddox, an English doctor, proposes the use of


an emulsion of gelatin and silver bromide on a glass plate, the
"dry plate" process.

1877: Eadweard Muybridge, born in England as Edward Muggridge,


settles "do a horse's four hooves ever leave the ground at once"
bet among rich San Franciscans by time-sequenced photography of
Leland Stanford's horse.

1878: Dry plates being manufactured commercially.

1880: George Eastman, age 24, sets up Eastman Dry Plate Company in
Rochester, New York. First half-tone photograph appears in a daily
newspaper, the New York Graphic.

1888: First Kodak camera, containing a 20-foot roll of paper, enough


for 100 2.5-inch diameter circular pictures.

1889: Improved Kodak camera with roll of film instead of paper

1890: Jacob Riis publishes How the Other Half Lives, images of
tenament life in New york City

1900: Kodak Brownie box roll-film camera introduced.

1902: Alfred Stieglitz organizes "Photo Secessionist" show in


New York City

1906: Availability of panchromatic black and white film and


therefore high quality color separation color photography. J.P.
Morgan finances Edward Curtis to document the traditional culture of
the North American Indian.
1907: First commercial color film, the Autochrome plates,
manufactured by Lumiere brothers in France

1909: Lewis Hine hired by US National Child Labor Committee to


photograph children working mills.

1914: Oscar Barnack, employed by German microscope manufacturer Leitz,


develops camera using the modern 24x36mm frame and sprocketed 35mm
movie film.

1917: Nippon Kogaku K.K., which will eventually become Nikon,


established in Tokyo.

1921: Man Ray begins making photograms ("rayographs") by placing


objects on photographic paper and exposing the shadow cast by a
distant light bulb; Eugegrave;ne Atget, aged 64, assigned to
photograph the brothels of Paris

1924: Leitz markets a derivative of Barnack's camera commercially as


the "Leica", the first high quality 35mm camera.

1925: André Kertész moves from his native Hungary to Paris, where he
begins an 11-year project photographing street life

1928: Albert Renger-Patzsch publishes The World is Beautiful,


close-ups emphasizing the form of natural and man-made objects;
Rollei introduces the Rolleiflex twin-lens reflex producing a 6x6
cm image on rollfilm.; Karl Blossfeldt publishes Art Forms in Nature

1931: Development of strobe photography by Harold ("Doc") Edgerton


at MIT

1932: Inception of Technicolor for movies, where three black and


white negatives were made in the same camera under different filters;
Ansel Adams, Imogen Cunningham, Willard Van Dyke, Edward Weston,
et al, form Group f/64 dedicated to "straight photographic thought
and production".; Henri Cartier-Bresson buys a Leica and begins a
60-year career photographing people; On March 14, George Eastman,
aged 77, writes suicide note--"My work is done. Why wait?"--and
shoots himself.

1933: Brassaï publishes Paris de nuit

1934: Fuji Photo Film founded. By 1938, Fuji is making cameras and
lenses in addition to film.

1935: Farm Security Administration hires Roy Stryker to run a


historical section. Stryker would hire Walker Evans, Dorothea Lange,
Arthur Rothstein, et al. to photograph rural hardships over the next
six years. Roman Vishniac begins his project of the soon-to-be-killed
-by-their-neighbors Jews of Central and Eastern Europe.
1936: Development of Kodachrome, the first color multi-layered color
film; development of Exakta, pioneering 35mm single-lens reflex
(SLR) camera
World War II: Development of multi-layer color negative films
Margaret Bourke-White, Robert Capa, Carl Mydans, and W. Eugene
Smith cover the war for LIFE magazine

1940s - in the early 1940's commercially viable color films


(except Kodachrome, introduced in 1935) were brought to the market.
These films used the modern technology of dye-coupled colors in
which a chemical process connects the three dye layers together
to create an apparent color image.

1947: Henri Cartier-Bresson, Robert Capa, and David Seymour start the
photographer-owned Magnum picture agency

1948: Hasselblad in Sweden offers its first medium-format SLR for


commercial sale; Pentax in Japan introduces the automatic diaphragm;
Polaroid sells instant black and white film

1949: East German Zeiss develops the Contax S, first SLR with an
unreversed image in a pentaprism viewfinder

1955: Edward Steichen curates Family of Man exhibit at New York's


Museum of Modern Art

1959: Nikon F introduced.

1960: Garry Winogrand begins photographing women on the streets of


New York City.

1963: First color instant film developed by Polaroid; Instamatic


released by Kodak; first purpose-built underwater introduced, the
Nikonos

1970: William Wegman begins photographing his Weimaraner, Man Ray.

1972: 110-format cameras introduced by Kodak with a 13x17mm frame

1973: C-41 color negative process introduced, replacing C-22

1975: Nicholas Nixon takes his first annual photograph of his wife
and her sisters: "The Brown Sisters"; Steve Sasson at Kodak builds
the first working CCD-based digital still camera

1976: First solo show of color photographs at the Museum of Modern


Art, William Eggleston's Guide

1977: Cindy Sherman begins work on Untitled Film Stills, completed


in 1980; Jan Groover begins
exploring kitchen utensils

1978: Hiroshi Sugimoto begins work on seascapes.


1980: Elsa Dorfman begins making portraits with the 20x24" Polaroid.

1982: Sony demonstrates Mavica "still video" camera

1983: Kodak introduces disk camera, using an 8x11mm frame (the same
as in the Minox spy camera)

1985: Minolta markets the world's first autofocus SLR system (called
"Maxxum" in the US); In the American West by Richard Avedon

1988: Sally Mann begins publishing nude photos of her children

1987: The popular Canon EOS system introduced, with new


all-electronic lens mount

1990: Adobe Photoshop released.

1991: Kodak DCS-100, first digital SLR, a modified Nikon F3

1992: Kodak introduces PhotoCD

1993: Founding of photo.net (this Web site), an early Internet online


community; Sebastiao Salgado publishes Workers; Mary Ellen Mark
publishes book documenting life in an Indian circus.

1995: Material World, by Peter Menzel published.

1997: Rob Silvers publishes Photomosaics

1999: Nikon D1 SLR, 2.74 megapixel for $6000, first ground-up DSLR
design by a leading manufacturer.

2000: Camera phone introduced in Japan by Sharp/J-Phone

2001: Polaroid goes bankrupt

2003: Four-Thirds standard for compact digital SLRs introduced with


the Olympus E-1; Canon Digital Rebel introduced for less than $1000

2004: Kodak ceases production of film cameras

2005: Canon EOS 5D, first consumer-priced full-frame digital SLR,


with a 24x36mm CMOS sensor for $3000; Portraits by Rineke Dijkstra

Infrared Photography - the film or image sensor used is sensitive to


infrared light.

Johann Heinrich Schulze - (1687 - 1744) he was a German professor at


the University of Altdorf. He was the first person to produce
Photograms, which were created by using paper masks in direct contact
with a jar containing a mixture of silver nitrate powder and chalk.
Schulze proved that the darkening of silver nitrate was caused by light
and ruled out the possibility of the change being caused by temperature,
by observing no tonal change to silver nitrate when heated in an oven.

Joseph Nicephore Niepce - made the first photographic image with a


camera obscura.

Latent Image - is an invisible image produced by the exposure to


light of a photosensitive material such as photographic film.

Louis Daguerre - a Frenchman and A professional scene painter, was


able to reduce exposure time to less than 30 minutes and keep the image
from disappearing afterwards. He was the inventor of the first practical
process of photography.

Mugshot - (police photograph)(booking photograph) is a photographic


portrait typically taken after a person is arrested.

Negative - is an image, usually on a strip or sheet of transparent


plastic film, in which the lightest areas of the photographed subject
appear darkest and the darkest areas appear lightest.

Parallax - is a displacement or difference in the apparent position


of an object viewed along two different lines of sight, and is
measured by the angle or semi-angle of inclination between those
two lines.

Photography - It is a method of recording images by the action of light,


or related radiation, on a sensitive material.

Photographic Film - (Film) is a strip or sheet of transparent plastic


film base coated on one side with a gelatin emulsion containing
microscopically small light-sensitive silver halide crystals.

Point-and-Shoot Camera - (compact camera) is a still camera designed


primarily for simple operation.[1] Most use focus free lenses or
autofocus for focusing, automatic systems for setting the exposure
options, and have flash units built in.

Rogues Gallery - is a police collection of pictures or photographs of


criminals and suspects kept for identification purposes.

Shutter Lag - is the delay between triggering the shutter and when
the photograph is actually recorded.

Shutter Speed - (exposure time) is the length of time a camera's


shutter is open when taking a photograph.

Silver Halides - The light-sensitive chemicals used in photographic


film and paper.

Single-Lens Reflex Camera (SLR) - typically uses a mirror and prism


system (hence "reflex", from the mirror's reflection) that permits
the photographer to view through the lens and see exactly what will
be captured, contrary to viewfinder cameras where the image could
be significantly different from what will be captured.

Sir Humphry Davy - (1778-1829) Chemistry genius, friend and assistant


of Wedgwood in his experiments whose results were published at Royal
Society, in 1802 by Davy. The problem of "fixing" the images remained
in spite of Davy's breakthroughs in chemistry.

Sir John F.W. Herschel - a scientist who first used the word photography
in 1839. The word photography was derived from the Greek words Photos,
which means light and Graphein, which means to draw.

Snapshot - is popularly defined as a photograph that is "shot"


spontaneously and quickly, most often without artistic or
journalistic intent.

Thomas Wedgwood - (1771 - 1805) an Englishman who made good ground


creating Photograms and recording images from his Camera Obscura
or pinhole camera, However, he never overcome the problem of fixing
the image and therefore the prints produced had to be viewed for very
short periods of time in a darkened environment.

Twin-Lens Reflex Camera (TLR) - is a type of camera with two objective


lenses of the same focal length.

Viewfinder - is what the photographer looks through to compose,


and in many cases to focus, the picture.
Forensic Ballistics Reviewer
Forensic Ballistics Reviewer Definition of Terms

ACP - Automatic Colt Pistol

Action - the working mechanism of a firearm. An action is a physical mechanism that


manipulates cartridges and/or seals the breech.

Air Gun - a gun that uses compressed air or gas to propel a projectile also called air
rifle, pellet rifle, pellet gun, and gun.

Air Resistance - (Drag) decelerates the projectile with a force proportional to the
square of the velocity.

Ammunition - shall mean loaded shell rifle, muskets, carbine, shotguns, revolver and
pistol from which a bullet, ball, shot, shell or other missiles may be forwarded by
means of gun powder or other explosives.

Anvil - An internal metal component in a boxer primer assembly against which the
priming mixture is crushed by the firing pin blow.

Anvil Marks - A term generally used by the military for a cartridge with a full metal
jacketed bullet or solid metal projectile.

Armalite – occasionally, the home of manufacturing company becomes almost a


generic term. It happens with the colt produced M16, which has been designed and
develop at Armalite. The Armalite business was formed by Charles Dorchester and
George Sullivan in 1950. Armalite employed Eugene Stoner, Chief Engineer and one
of the top designers of the country.

Automatic - when the mechanism is so arranged that it will fire continuously when
the trigger is depressed.

Automatic Action Type – a firearm design that feeds cartridges fires and ejects
cartridge cases as long as the trigger is fully depressed and there is cartridge
available in the feed system.

Barrel - the metal tube through which the projectiles travel.

Berthold Schwartz - the inventor of gunpowder. His real name is Constantin


Anklitzen, a Franciscan monk in the town of Freiberg in Germany.

Blowback - In firearm, an automatic and semi-automatic firearm design, that directly


utilizes the breech pressure exerted on the head of the cartridge cases to actuate
the mechanism. In ammunition, a leakage of gas re-ward between the case and
chamber wall from the mouth of the case.

Bolt Action Type – a firearm in which the breech closure is


(1) in line with the bore at all times,
(2) manually reciprocated to load, unload and cock
(3) and is locked in place by breech bolt lugs and engaging abutments usually in the
receiver.

Bore - the interior of the barrel of a gun or firearm.

Breechface - is the front part of the breechblock that makes contact with the cartridge
in a firearm. The breech block (or breechblock) in a gun is what holds a round in the
chamber, and absorbs the recoil of the cartridge when the round is fired, preventing
the cartridge case from moving.

Broach Cutter - used to create a rifling impression on a barrel.

Broach, Gang – A tool having a series of cutting edges of slightly increasing height
used to cut the spiral grooves in a barrel. All groves are cut with a single pass of the
broach.

Broach, Single – a non-adjustable rifling cutter that cuts all the grooves
simultaneously, and is in a series of increasing dimensions until the desired groove
depth is achieved.

Browning, J.M. - born in 1855. Started the production of a single shot rifle that was
adopted by Winchester.

Buckshot - coarse lead shot used in shotgun shells. Lead pellets ranging in size from
.20 inches to .36 inch diameter normally loaded in shotshells.

Buffer - in a firearm, any part intended to absorb shock and check recoil.

Bullet - a projectile propelled from the firearm. A metallic or non-metallic cylindrical


projectile. Originated from the French word “BOULETTE”, a small ball. In common
police par lane, a bullet maybe called “SLUG”.

- Two Basic Types of Commercial Bullets in Common Used Today.


1. Lead Bullets - are used in almost all revolver ammunition and in some low or
medium powder rifle cartridges. Are produced in an automatic swedging machine
from extruded wire containing the proper percentage of tin and antimony for
hardening.
2. Jacketed Bullets - are used for automatic pistols ammunition and medium and
high power rifle ammunition. The most common are those from the blowback- .25
ACP, .380 ACP, 9mm Luger, .45 ACP (Automatic Colt Pistol) and several types of
high velocity .30s. These are all made automatically by swedging a cup of metal
around a lead core.

Armor-Piercing Bullets - is pointed flat base bullet with


gliding metal jacket. The core is of pointed, boat-tailed shape
and is made of harden tungsten, chrome steel and has a blackened
tip. Used to penetrate armored cars and vehicles.

Tracer Bullet - when fired, emit a light red flame from its base,
there by showing the gunner the trace of flame, the path as well
as the striking point of the bullet, the flame continuing to burn
and trace for about 600 yards. These are intended primarily for
machine gun use and can be seen by day and night. The point of
the bullet colored red is for identification. These are used only
in the military service, and were never sold to individuals.
Should an individual obtain one or more of these cartridges,
he should at once return it to military control or else dispose
of these by throwing into a deep river or lake, as they are
exceedingly dangerous to have around. This should never be
“Monkeyed” with, and particularly no attempt should be made to
unload them for examination, as these may ignite and cause
exceedingly serious burn or fire. The ingredients used in tracer
and igniter mixtures are confidential.

Incendiary Bullet - is similar in construction to a tracer bullet,


but the composition contained in the cavity burns fiercely impact
with a very hot flame which will quite reliably ignite anything
that the bullet strikes. For identification purposes the
incendiary bullet has a light blue color. The same precaution
should be observed as with tracer cartridges.

Dum-Dum Bullet - this word and type of bullet were invented by


British Ordinance force stationed at their arsenal at Dum-Dum,
India. The British army was engaged in extensive Punitive
expedition on the Northwest Frontier of India, fighting against
Afghan and Pathan tribesmen. It soon develop that such a full
jacketed bullet was of no practical effect against primitive
natures. So the English made some of these bullets expanding
by grinding of the nose of the jacketed bullet. These are now
known as Hallow Point bullet and Soft Point Bullet.

Gas Check Bullet - to prevent the melting of the base, lead


bullets intended to be fired at higher velocity have their gases
protected with a small copper cups. The bullet is casts with a
slightly tape-ring base, and the copper gas chock is then pressed
lightly on the bore, the cup remaining on the bullet when it
is fired.

Wad Cutter Bullet - a cylindrical bullet design having a sharp


shouldered nose intended to cut target paper clearly to
facilitate easy and accurate soaring.

Wax Bullet - a bullet made from paraffin and other wax


preparation usually used for short range indoor target shooting.

Marks Found Of Fired Bullets


1. Landmarks - depressed portion caused by the lands.
2. Groove Marks - raised on elevated portions caused by the
grooves.
3. Skid Marks - when the bullet enters the rifled bore from
a stationary position and is forced abruptly into the
rifling, its natural tendency is to go straight toward
before encountering the regular rifling twist.
4. Slippage Marks - bullets fired from a worn-out barrel,
oily barrels and slightly oversized bullets.
5. Shaving Marks - most commonly these marks are found on the
bullets fires from a revolver due to a poor alignment of
the cylindrical with the bore.

Identification of a Bullet - Principles


1. No two barrels are microscopically identical as the surfaces
of their bores all possess individual and characteristics
on their own.
2. When a bullet is fired from a rifled barrel, it becomes
engraved by the riflings and this engraving will vary in
its minute details with every individual bore. So it happens
that the engravings on the bullet fired from one barrel will
be different from that on a similar bullet fired from another
barrel. And conversely the engraving on bullets fired from
the same barrel will be the same.
3. Every barrel leaves its thumb marks on every bullet which
is fired through it, just as every breech face leaves its
thumb marks on the base of every fired cartridge case.

Test Bullet - a bullet fired from a bullet recovery system for


comparison analysis.

Bullet Recovery System - Any method which will allow the undamaged recovery of a
fired bullet. Differing systems are needed for different cartridges depending upon
bullet composition, jacket thickness, and velocity. Water tanks and cotton boxes are
most commonly in use.

Bullet Splash - The spatter and fragmentation of a bullet upon impacting a hard
surface.

Bullet Wipe - The discolored area on the immediate periphery of a bullet hole,
caused by bullet lubricant, lead, smoke, bore debris, or possible jacket material.
Sometimes called "Burnishing" or
"Leaded Edge".

Button – a hardened metal plug, called a button, with a rifled cross-section


configuration. It is pushed or pulled through a drilled and reamed barrel so as to cold
form the spiral grooves to the desired depth and twist. When the carbide button was
first introduced it was described as a SWAGING PROCESS or SWAGED RIFLING.

Caliber - the diameter of the bore of a rifled firearm. The caliber is usually expressed
in hundredths of an inch or millimeters.

- Land to Land - the way to determine the caliber of a gun is to measure the diameter
of the bore from land to land.

Cane gun, Knife pistols - many devices primarily designed for other purposes will
have a gun mechanism incorporated in them. (also known as FREAKISH DEVICE)

Cannelure - a circumferential groove generally of a knurled or plain appearance on a


bullet or cartridge. These three uses including crimping, lubrication, and
identification.

Cartridge - a term to describe a complete un-fired unit, consisting of bullet, primer,


cartridge case, and gunpowder.

Test Cartridge Case - a cartridge case obtain while test firing


a firearm in a laboratory to be used for comparison or analysis.

Function Of Cartridge Cases


1. It holds the bullet gunpowder and primer.
2. It serves as a water proof container for the gunpowder.
3. It prevents the escape of gases to the rear.

Marks Found on Cartridge Cases


1. Firing pin impression – the indentation in the primer of a
tentative cartridge case or in the rim of a rimface
cartridge case cause when it is struck by the firing pin.
2. Breechface Markings – negative impression of the breechface
of the firearm found on the head of the cartridge case
after firing.
3. Chamber Marks – individual microscope marks placed upon a
cartridge case by the chamber wall as a result of any of
the following:
a. Chambering
b. Expanding during firing
c. Extraction
4. Extractor Marks – toolmarks produced upon a cartridge case
form contact with the extractor. These are usually found on
or just ahead of the rim.
5. Ejector Marks – toolmarks produced upon a cartridge or
cartridge case on the head, generally at or near the rim,
form contact with the ejector.

Cape Gun – a doubled-barreled shoulder arm with barrel side by side: one being a
smooth bore and the other being rifled.

Case Head - The base of the cartridge case which contains the primer.

Cast-Off - the off-set of the butt of a firearm to the right-handed shooter and to the
right for a left-handed shooter.

Cast-On - the offset of the butt of a firearm to the left for a right-handed shooter and
to the right for a left-handed shooter.

Chamber - the rear part of the barrel bore that has been formed to accept a specific
cartridge. Revolver cylinders are multi-chambered.

Cock - place a firing mechanism under a spring tension. Raise the cock of (a gun) in
order to make it ready for firing.

Full Cock - the position of the hammer or strike when the


firearm is ready to fire.

Compensator - (MuzzleBrake) a device attached to or integral with the muzzle end of


the barrel to utilize propelling gases for counter-recoil.
CETME - Centro dos Studios Technicos de Materiales Especiales. This is a Spanish
government weapon development agency, based in Madrid.

Class Characteristics - Are those characteristics which are determinable only after the
manufacture of the firearm. They are characteristics whose existence is beyond the
control of man and which have a random distribution. Their existence in the firearms
is brought about by the tools in their normal operations resulting in wear and tear,
abuse, mutilation, corrosion, erosion, and other fortuitous causes.

Classification of Cartridge According to Rim


1. Rimmed Type - the diameter of the rim is greater than the
diameter of the body of the cartridge case. e.g. caliber
.38 and caliber .22.
2. Semi-Rimmed Type- the diameter of the rim is slightly
greater than the diameter of the body of the cartridge case.
e.g. caliber .25. 32 auto. Super .38.
3. Rimless Type - the diameter of the rim is equal to the body
of the cartridge case. e.g. caliber .5.56mm, .30, .9mm, .45.
4. Rebated Type- the diameter of the rim is smaller than the
body of the cartridge case. e.g. caliber 8mm x 59.
5. Belted Type - there is a protruding metal around the body
of the cartridge case near the rim. e.g. caliber 338 magnum
13.9 x 39

Colt - Samuel Colt was born in July 1814 in was to be instrumental in making the
revolver a practical type of pistol.

Cylinder - storage for ammunition in a revolver, the cylinder rotates as the action is
cocked.

DAMSCUS - an obsolete barrel making process the barrel is formed by twisting or


braiding together steel and iron wires or bars. Sometimes called LAMINATED
BARREL.

Derringer, Henry - born at the beginning of the 19th century. Worked at Philadelphia
where he manufactured Pocket Pistol.

Drilling - refers to a combination gun that has three barrels.

Ejector Rod - a metal rod used to help with the removal of the cartridges.

Energy Bullet - the capacity of a projectile to do work.

Firearms Identification - a discipline mainly concerned with determining whether a


bullet or cartridge was fired by a particular weapon.

Firing Pin - is a lightweight part, which serves to transfer energy from a spring-
loaded hammer to the primer, while a striker is usually heavier, and is directly
connected to the spring providing
the energy to impact the primer.

Flare guns - used in cases such in sending signals and enabling to see enemies in
the dark.
Forensic Ballistics - A scientific study of firearm identification with the use of
laboratory examination. The subject gives emphasis on the study of ammunition,
projectiles, gunpowder, primer, and explosives, including the use of the bullet
comparison microscope. It also deals with the principles in the microscopic and
macroscopic examination of firearm evidence and the preparation of reports for legal
proceedings in the solution of cases involving firearms.

Types of Problems in Forensic Ballistics


1. Given a bullet to determine the caliber and type of firearm
from which it was fire.
2. Given fired cartridge case, to determine the caliber and
type of firearm from which it was fired.
3. Given a bullet and a suspected firearm, to determine whether
or not the bullet was fired from the suspected firearm.
4. Given a fired cartridge case a suspected firearm, to determine
whether or not the cartridge was fired from the suspected
firearm.
5. Given two or more bullets, to determine whether or not they
were fired from only one firearm.
6. Given two or more cartridge cases, to determine whether or
not they were fired.

Equipments used In A Ballistics Laboratory


1. Comparison Microscope - This valuable instrument is specially
designed to permit the firearm examiner to determine the
similarity and dissimilarity between two fired bullets or
two fired cartridge cases by simultaneously observing their
magnified image. It is actually two microscope couple together
with a single or two eye piece, so that when one looks through
this comparison eye piece, he is seeing one half of what is
under the other – in other words, half of the evidence bullet
and half of the test bullet.
2. Stereoscope Microscope - This is generally used in the
preliminary examination of fired bullets and fired shells.
To determine the location of the extractor marks and ejector
marks for orientation purposes. It can be used also in one
close-up examination of tampered serial numbers of firearms.
3. Comparison Projector - CP6 This is generally used in the
preliminary examination of fired bullets and fired shells.
To determine the location of the extractor marks and ejector
marks for orientation purposes. It can be used also in one
close-up examination of tampered serial numbers of firearms.
4. Bullet Recovery Box - For obtaining best fired bullet or
test fired cartridge cases from the suspected firearms
submitted to the ballistics laboratory. In test firing
suspected firearms, it is standard procedure to used
ammunition that are of the same caliber, make or brand and
manufactured in the same year with that of the evidence
bullet or shell.
Water is one of the means to obtain test bullets and test
shells because the microscope marks on the cylindrical or
peripheral surface of the bullets are preserved for good
used. The same is true with cotton.
5. Measuring Projector - MP6 This projector determines the
width of the lands, width of grooves, diameter and twist
of fired bullets.
6. Verneir Caliper - This instrument determines the bullet
diameter and barrel length.
7. Analytical Balance - This more or less determines the weight
of the bullets, shots and pellets for possible type, caliber
and make for firearm from which they were fired.
8. Taper Gauge - Used for determining the diameter of the bore
of the firearms.
9. Onoscope - For examining the interior surface of the barrel.
10.Helixometer - For measuring the pitch of the rifling. Pitch
of rifling is the distance advanced by the rifling in one
complete turn or a distance traveled by the bullet in one
complete turn.
11.Chronograph - For determining the speed of the bullet or
the muzzle velocity of the bullet.

Fouling - the residual deposits remaining in the bore of a firearm after firing.

Garand, John C. - was born in North Carolina in 1818. Developed the hang-ranked
machine gun. A development of Duver Gatling type of machine gun.

Gas Guns – these will be found in all shapes and sizes and used for firing tear gas
and other forms of disabling gases.

Gas Operated - an automatic or semi-automatic firearm in which the propellant gases


are used to unlock the breech bolt and then to complete the cycle of extracting and
expecting.

Gas Port - an opening in the wall of a barrel to allow gas to operate a mechanism or
reduce recoil.

Grip - handle of the handgun.

Gunpowder - any of the various powder used in firearms as a propellant charge.

Types of Gunpowder
1. Black powder - consists of the jet black and rather shiny
grains. Although black powder has been in used for about
six centuries, and although methods of manufactured are
naturally led to greater efficiency in action, its
composition has remained practically the same in all
countries.
2. Smokeless Powder - a mixture of nitrocellulose 60 parts,
nitroglycerine 35 parts and Vaseline 5 parts. These
substances are almost entirely smokeless in action. They are
all given the generic term of nitro powders and are legion in
number. All nitro powders used 2. in rifles, pistols, and
revolvers are a gelatinized powder that is they are made by
forming dough into sticks or grains. The identification of
partially burnt powder grains may become a matter of vital
importance, since such grains maybe found around the entrance
hole of a wound, and it will obviously help if the type of
powder can be identified from these unburnt grains.

Hammer - part that strikes the primer to cause ignition.

Hammerli, Johann Ulrich - hammerli weapons have always been the epitome of
Swiss precision Engineering ability.

Handgun - a revolver or a pistol.

Harpoon Guns - barbed spear in hunting large fish.

Headspace - is the distance measured from the part of the chamber that stops
forward motion of the cartridge (the datum reference) to the face of the bolt.

Headstamp - numerals, letters, and symbols stamped into the head of the cartridge
case or shotshell to identify the manufacture caliber gauge or give additional
information.

Heckler and Kock – Edmond Heckler has been a plant manager with Mauser, and
Alex Siedel a designer with Mauser.

Hook – a cutting tool which cuts has a hook shape and only cuts one groove at a
time.

Keyhole - an oblong or an oval hole in a target that is produced by an unstable bullet


striking the target at an oblique angle to the bullets. Longitudinal axis.

Leading - the accumulation of lead in the bore of a firearm from the passage of lead
shot or bullet. Also called METAL FOULING.

Lever Action Type – a design wherein the breech mechanism is cycled by an


external lever generally below the receiver.

Liberator – made by the US government for use in occupied countries in Europe


during the recent war and fired the .45ACP cartridge, single shot and smooth bore.

Lubaloy - is a wrought copper alloy that is composed mainly of copper and zinc. In
1922, the Western Cartridge Company introduced a copper-washed bullet jacketing
called Lubaloy which stands for a lubricating alloy. Lubaloy replaced standard bullet
jacketing which had been cupro-nickel coated steel or solid cupro-nickel.

Luger, George - was born in Australia in 1849. he did lasting designed work in
connection with 9mm Parabellum cartridge.

Machine Gun Type – primarily used only in military combat and will seldom be
encountered by the firearms technician.

Machine Markings - a cross section of a gun barrel will show small grooves or
striations all along with the lands and grooves.

Marlin, John Mahlon - New Haven, Connecticut manufacturer of lever action rifle,
1800’s.

Mauser - Paul and Wilhelm brothers produced parts of the rifle which had been
adopted by the German government in 1871.

Mossberge, Oscar - born in Sweden in 1866 and went to the United States. The
maker of high quality .22 rifles. Sporting rifles and pump action shotguns.

Mossin, Sergei - Colonel of Russia Army. Designated in Russian Service Rifle in


1891.

Multi –Barreled guns – in particular, one will find guns having the three or four
barrels are mounted in one receiver. Some may have a combination of several
different gauges of shotguns, or a combination of shotgun barrels and rifle barrel.

Muzzle - the end of the barrel through which the bullet exits.

Muzzle Energy - is the kinetic energy of a bullet as it is expelled from the muzzle of a
firearm. It is often used as a rough indication of the destructive potential of a given
firearm or load.

Nambu, Kijiro - an army gun officer designer. His first design was produced by the
Kayoba Factory in 1904.

Paradox - an obsolete barrel designed in which the major length of the barrel is
smooth and last few inches are rifled.

Pen Gun - a small caliber firearm shaped like a pen or pencil.

Powder - commonly used term for the propellant in a cartridge or shotshell.

Pressure - in a firearm, the force developed by the expanding gasses generated by


the combustion of the propellant.

Primer - The ignition components of cartridge primers are used for igniting
prominent. A blow from the firing pin of the firing cup compresses the priming
composition to detonate. This detonation
produces a flame that passes through the vent of flesh hole in the cartridge case,
igniting the gunpowder.

Composition of a Primer
1. Potassium Chlorate - 45%
2. Antimony Sulfide - 23%
3. Fulminate of Mercury - 32%

Proofmark - a distinctive symbol stamped into the metal of the barrel or other parts
of a firearm to indicate that testing of the part bearing the stamp by firing proof loads
has been carried out.

Proof Test - is a form of stress test to demonstrate the fitness of a load-bearing


structure. The firing of a deliberate overload to test the strength of a firearm barrel an
action.
Rachet - a notched wheel on the rear of a revolver cylinder to rotate when a force is
applied by a level hold a hand.

Recoil - (often called knockback, kickback or simply kick) is the backward momentum
of a gun when it is discharged. In technical terms, the recoil caused by the gun
exactly balances the forward momentum of the projectile and exhaust gases
(ejecta), according to Newton's third law.

Reload - a cartridge, which has been reassembled with a new primer, powder and or
other components.

Repeating Arms – this type is loaded with more than cartridge into the chamber when
it is fired rather than having to perform this operation by hand.

Resizing - the reduction in diameter of a fire cartridge case to unfired diameter by


forcing it into a smaller size than the fired case.

Ricochet - is a rebound, bounce or skip off a surface, particularly in the case of a


projectile.

Rifling - refers to helical grooves in the barrel of a gun or firearm, which imparts a
spin to a projectile around its long axis.

Types of Riflings
1. Steyr Type - four lands, four grooves, right hand twist and
lands or equal widths ( 4-R-G=L) used in earlier
self-loading pistols.
2. Smith and Wesson Type - five lands and five grooves, right
hand twist and lands of equal width (5-R-G=L)
3. Browning Type- six lands, six grooves, right hand twist,
narrow lands and broad grooves. (6-R-G-2x)
4. Colt Type- six lands and six grooves, left hand twist, narrow
lands and broads grooves. (6-L-G-2x)
5. Webley Type- seven lands, seven grooves, right hand twist,
narrow lands and broad grooves. (7-R-G3x)
6. Army Type- four lands and four grooves, right hand twist,
narrow lands and broad grooves. ( 4-R-G3x)

Round - a military term for a cartridge.

Scrape – a cutting tool that cuts two opposing grooves at a time.

Shocking Power - the ability of a projectile to dissipate its kinetic energy effectively in
a target.

Shot - a small ball or pellet of lead, a number of which are loaded in a cartridge and
used for one charge of a shotgun.

Birdshot - the smallest size of shot for sporting rifles or other guns.

Shotshell - a cartridge containing projectile designed to be fired in a shotgun. The


cartridge body may be metal, plastic or paper.
Semi-Automatic Type – A firearm requiring a separate pull of the trigger for each shot
fired, and which uses the energy of discharge to perform a portion of the operating or
firing cycle.

Serial Number - a number applied to a firearm in order to identify the individual


firearm.

Shell - an explosive artillery projectile or bomb.

Identification of Shells - Principles


1. The breech face and striker of every single firearm leave
microscopically individualities of their own.
2. The firearm leaves its “fingerprints” or “thumb mark” on
every cartridge case which it fires.
3. The whole principle of identification is based on the fact
that since the breech face of every weapon must be
individually distinct, the cartridge cases which it fires are
imprinted with this individuality. The imprint on all cartridge
cases fired from the same weapon are always the same, those
on cartridge cases fired form different weapons must always
be different.

Shotgun - a smooth-bore gun for firing small shot at short range.


a. Single Barreled shotgun – it is loaded with a single shotgun
cartridge, closed. Fired and then re-loaded by the shooter.
b. Double barreled shotgun – the two barrels may be side by side
or they may be one over the other. Each barrel may have its
own trigger.
c. Pump action shotgun - operates in the same manner as a slide
action rifles, by means of sliding lever under the barrel.
d. Auto loading shotguns - these are the same as auto-loading or
self-loading rifles in that the recoil action reloads the gun
form the magazine without any effort on the part of the shooter.

SIG - (SCHWEIZERISCHE INDUSTRIE CESSELSHALF) adopted by the Swiss


government as their standard service weapon. The company started to produced
railway engines and carriage in 1853.

Sidelock – A design in which the firing mechanism is attached to a sideplate rather


than being integral with the frame.

Sight - a device used for aiming.

Silencer - a device attached to the barrel of the firearm to reduce the noise of
discharge. Also called SOUND SUPPRESSOR.

Single Shot Firearms – those type of firearms that are designated to shoot only one
shot.

Slide Action Type – a firearm that features a movable forearm which is manually
actuated in motion parallel to the barrel by the shooter. Forearm motion is
transmitted to a breech blot assembly which performs all the functions of the firing
cycle assigned to it by the design. Also known as PUMP ACTION.
Sling - a strap fastens to a firearm to assist in carrying or to steady it during firing. A
sling may also refer to a projectile weapon typically used to throw a blunt projectile
such as a stone, clay or lead "sling-bullet".

Slug - a projectile generally fired from a shotgun either one large piece of lead or
several smaller caliber pieces.

Rifled Slug - a simple projectile in spiral grooves and hollow


base, intended to use in shotgun. The slug will rotate, and
thus, reach its target much more accurate.

Smith and Wesson - Horace Smith and Daniel B. Wesson formed a partnership in
1852. They manage by producing what is probably the best double-action revolver in
the world. (Daniel Wesson left the company to set up his own firearm business).

Smoke Ring - the circular gray deposits around the face of the chamber of a revolver
produced by gun powder residues upon discharge.

Stock - also known as a shoulder stock, a buttstock, or simply a butt is a part of a rifle
or other firearm, to which the barrel and firing mechanism are attached, that is held
against one's shoulder
when firing the gun.

Striations - (Striae) When a bullet is fired through a rifled barrel, the raised and
lowered spirals of the rifling etch fine grooves called "striations" into the bullet.

Characteristics of Striations Depend Upon The ff: Factors


1. The size and shape of the microscopic irregularities on
the acting tool.
2. The original surface smoothness of the object acted upon.
3. Relative hardness of the two materials.
4. Speed of application or rate of relative motion.
5. Pressure areas involved
6. Texture and uniformity of material acted upon.

Submachine Type – is alight, portable machine gun which uses pistol size
ammunition. It differs from a pistol in it that has a shoulder stock that may or may not
fold but is designed to be fired by the use of both hands.

Swage – an internal mandrel with rifling configuration which forms rifling in the barrel
by means of the external hammering. Also known as HAMMER FORGING.

Tattooing - small hemorrhagic marks on the skin produced by the impact of gun
powder particles also called STRIPLING.

Thompson, John - born in 1860 in Newport, Kentucky. Designed the Thompson


submachine gun in 1920.

Thumb Rest - a ledge in the grip area of a rifle or handgun in which to rest the thumb
of the trigger hand.

Trailing Edge - the edge of a land or groove impression in a fired bullet which is
opposites the driving edge of the same land or groove impressions.

Trajectory - the curved path of a projectile from muzzle to target.

Trap Door – An action in which a top-hinged breechblock pivots up and forward to


open. Locking on this action is accomplished by a cam located at the rear of the
breechblock that fits into a mating recess. Also known as a CAM LOCK.

Trigger - is a mechanism that actuates the firing of firearms.

Trigger Guard - trigger guard is a loop surrounding the trigger of a firearm and
protecting it from accidental discharge.

Trigger Pull - the amount of force, which must firearm to cause sear release.

Tokarev, Fedor - born in Egorlikshaya in 1971. Designed the service pistol of the
Soviet forces.

Tool Marks Identification - is a discipline of forensic science which has, as its


primary concern to determine if a tool mark was produced by a particular tool.

Two General Type of Tool Marks


1. Impression Type - which as its name implies a little more than
a bent. A pry-bar may leave an impression type-mark on a window
frame to which is applied. The shape and the size of the mark,
plus irregularities cause by nicks or breaks in the pry-bar,
may be such as to permit a positive statement as to its source.
2. Striated Tool Mark- is left by a tool scrapping over an object
or surface softer than him. Thus, a pry-bar which slips during
the application may scraped over the jamb of a door, leaving
striate. Tin Snips or Bolt Cutter have blades which frequently
leave striate on the edges of metal cut. An axe will leave
striate on wood chips, as well as the auger or blade of a
plane. Mechanical tool as a planner, joiner, and lathe all
have blades and edges which leaves striate on chips, shaving
and stock being worked. Many examples should be given but
these are typical if the tool most commonly encountered in
the criminal investigations. Striated marks are often referred
to a “friction marks”, abrasion marks or “scratched marks”.

Tools – there are a number of tools using cartridges that are designed to drive studs,
punch holes or cut tables. Such tools may be encountered in the investigation of an
accident.

Traps – these are designed to be set in the woods and left where animals will
encounter them. They may fire a bullet or a poisoning charge, depending on their
construction.

Trigger - small lever that is pulled or squeezed to start the firing process.

Trigger Guard - piece that surrounds the trigger to protect it from being accidentally
squeezed or bumped.
Velocity - the speed of the projectile at a given point along its trajectory.

Vierling - A four-barreled gun, typically with two identical shotgun barrels and with
two rifle barrels of differing calibres. Built primarily in Germany and Austria.

Walther, Carl - developed a reliable small caliber automatic pistol in 1866.

Walker Test - the original chemical test for the detection of spatial distributions of
nitrites in gun powder residue.

Winchester, Oliver - he led the formation of the Winchester Company.

Types Of Cartridge Case According To Location Of Primer


1. Pin-Fire Cartridge - the pin extends radially through the bead of the cartridge case
into the primer. This type of cartridge is no longer use.
2. Rim-Fire Cartridge- the priming mixture is placed in the cavity formed in the rim of
the head of the cartridge case.
3. Center-Fire Cartridge- the primer cup is force to the middle portion of the head of
the cartridge case.
4. Percussion - a means of ignition of propellant change by a mechanical blow
against the primer or percussion cap.
a. Low Power - a cartridge giving a muzzle velocity of less than 1850 ft/sec.
b. High Power- a cartridge giving a muzzle velocity of between 1925 and 2500 ft/sec.
c. High Intensity- a cartridge giving a muzzle velocity over 2500 ft/sec.

Yaw - the angle between the longitudinal axis of a projectile and the line of the
projectile trajectory.

Zip guns - these may be in any form, since the name has been applied to all
homemade guns. A great many of this class will be found to be exceedingly clever
mechanisms and most effective weapon.

Zwilling - European term for a double barreled shoulder arm with one rifle and one
smooth bore barrel.
Questioned Document Examination Reviewer
3rd Century A.D. - The earliest handwriting examination cases reported.

6th Century - the Roman Emperor Justinian dictated guidelines for the use of
handwriting comparisons in Roman courts.

1873 - the year in which the first commercially successful typewriter was introduced.

Addition - inserting or modifying clause or sentence in a document to alter its


meaning.

Substitution - replacing original entries or writing with another.

Albert Sherman Osborn - became the pre-eminent American pioneer in the field
when he authored "Questioned Documents," a seminal work in scientific document
analysis that remains in print and in use. He founded the American Society of
Questioned Document Examiners in 1942.

Alfred Dreyfus - A French army officer, accused of treason through letters found
attempting to sell French secrets to Germany. Later found that Dreyfus did not write
the letters.

Alignment - relation of successive characters or letter of a word, signature or line of


writing to an actual or imaginary base line.

Alphabet - is a standard set of letters (basic written symbols or graphemes) which is


used to write one or more languages based on the general principle that the letters
represent phonemes (basic
significant sounds) of the spoken language.

Alteration - any change made on a document before, during, or after its original
execution.

Methods of Alteration
1. Mechanical
2. Chemical

Arrangement - habitual placing and positioning of letters and words.

Casting - was one method used to produce counterfeit coins in Britain and America
during the colonial period. Basically it consisted of melting metal and then pouring
the molten liquid into a mold having a reservoir in the shape of a coin.

Class Characteristics - common to a group of people. Learned from school or from an


individual's parent or tutor. Class Characteristics are similarities between individuals
who learned the same type of writing systems.

- Individual Characteristics - highly personal or peculiar to a particular writer.


Influenced by habit, mindset, personal preference. It identifies an individual from
other writers.
- Types of Individual Characteristics
1. Skill level - the way a writing looks.
2. Slant - is the angle of writing.
3. Form - is the way a writer makes a letter or movement of letters. Most basic
individual characteristic and is very important to QDE.
4. Movement - is the way a pen moves in order to make a mark or form a letter. This
can help distinguish the difference in form. 2 letters can be the same, but made in a
different way.
5. Proportions - is the symmetry of an individual letter.
6. Height - is comparing the height of one letter to another. Height, proportions are
usually habits found in a specific writer.
7. “I” Dot
8. “t” Crossing
9. Loops - are similar to proportions.
10.Pressure - is the difference in ink or pencil in width or shade. Helps show
direction of movement.
11.Baseline Alignment - The value of this show the questioned writing in correlation
to the baseline. Helps QDE examiners determine whether the writing was altered or
is consistent with the rest of the writing or other examples.
12.Pen Lifts - Pen lifts are when the pen or pencil is lifted from the paper and
reapplied to finish a word or sentence.
13.Speed - The speed of a writer is a key indicator for QDE in the examination
process. Fast and slow speeds are difficult to duplicate leaving behind
inconsistencies in the writing.
14.Embellishments - decorate writing. Usually found in the beginning of word, but
can be seen other places.
15.Entry/Exit Strokes - is the way a writer begins certain letter or words and can be
very specific to an individual. Also includes the idea of connecting stokes.
16.Retracing - is considered fixing a portion of writing that is not readable or pleasing
to the writer. In some cases, this can indicate forgery but is very common in normal
handwriting to retrace letters or words.
17.Spelling - is an individual characteristic because of education or habits and can
be an easy fix to eliminate or pin point suspects.
18.Spacing - is the area between letters or words and is usually specific to the writer.
19.Format - is the habit in which a writer uses to depict simple things like; Dates,
numbers, abbreviations.
Example: The way people write checks
20.Case - is a characteristic of a writer who might use upper case letters where a
lower case should be present.

Coin Clipping - shaving off a small portion of a precious metal coin for profit.

Coin Mutilation - cutting a portion of a coin.

Collected Standard - (Procured Standard)obtained from files executed in the course


of everyday routine.

Requested Standard - document requested by an investigator for the purpose of


comparative examination.

Color Shifting Ink - ink that changes color when viewed in different angles.
Connections - links which connect a letter with the one following it.

Counterfeiting - imitate fraudulently for gain. To make a copy of, usually with the
intent to defraud; forge: counterfeits money.

Cuneiform - denoting or relating to the wedge-shaped characters used in the ancient


writing systems of Mesopotamia, Persia, and Ugarit, surviving mainly on clay tablets.

Cutting - skillful cutting away of some portions and then inserting new one to fill the
gap.

Disguised Writing - is any deliberate attempt to alter one's handwriting to prevent


recognition.

Document - any material that contains marks, symbols, or signs either visible,
partially visible or invisible that may present or ultimately convey a meaning or
message to someone.

Document May Be Questioned With Respect To Its


1. Authenticity
2. Identity
3. Origin
4. Relation among its parts
5. Relation to other things

Types of Document Examination


1. Handwriting Comparisons
2. Ink Examinations
3. Indented Writing
4. Alterations
5. Paper Analysis
6. Photocopy Analysis
7. Typewriting

Instrument Used In A Questioned Document QD Laboratory


1. Stereo Microscope - The stereo or stereoscopic or dissecting microscope is an
optical microscope variant designed for low magnification observation of a sample,
typically using light reflected from the surface of an object rather than transmitted
through it.
2. Light Microscope - light microscope works like a refracting telescope except that
the object is very close to the objective lens.
3. Video Spectral Comparator (VSC) - is an apparatus which can:
a. Analyze and compare inks: reveal alterations on a document;
b. Visualize security features printed into papers;
c. Use the spectrometer and various built-in light sources for U.V., visible spectrum
and I.R. examinations of ink and documents to visualise fluorescence; examination
with transmitted light or low angle light, and recording/comparing differences in
reflectance, and absorption under variable
wavelengths of light and with various filters which will discriminate between different
inks.
4. Electrostatic Detection Apparatus (ESDA) - is an apparatus which can:
a. Produce an evidential record of any indentations (writing impressions) which are
present upon a page, resulting from previous pages of over-writing in a writing pad,
notebook, or upon a letter placed inside an envelope which was then addressed.
b. Visualise and record any other transmitted impression, such as from a machine
postal stamp upon an envelope; or visualise and record any paper edge impressions
of a page-portion that was torn from a page within a note-pad, even if the page was
removed some time later.

Erasure - the removal of writing, recorded material, or data.

EURion Constellation - is a pattern of symbols incorporated into a number of


banknote designs worldwide since about 1996. It is added to help imaging software
detect the presence of a banknote in a digital image.

Exemplars - Handwriting used as a standard for comparison with the document in


question. Known authentic writing samples.
- Two Types of Exemplars
1. Requested Writings - (Dictated) are writing samples taken from someone for the
purpose of comparison with a questioned document.
2. Non-Requested Writings - (Undictated)(Collected) these are examples of the
subject's writings that are taken in the normal course of business or personal
transactions.

Forensic Document Examination - the practice of the application of document


examination to the purposes of the law.

Graphology - is the study of handwriting to identify the writer's personality traits.

Graphologist - Profiles character or personality by drawing conclusions from certain


types of characteristics in the handwriting sample.

Handwriting - refers to a person's writing created with a writing utensil such as a


pen or pencil.

Handwriting Comparison Characteristics


1. Spacing between letters
2. Spacing between words
3. Relative proportions between letters and within letters
4. Individual letter formations
5. Formations of letter combinations
6. The overall slant of the writing
7. Connecting strokes
8. Pen lifts
9. Beginning and ending strokes
10.Unusual flourishes
11.Pen pressure

Character of handwriting
1. No single handwriting characteristic can in itself be taken as the basis for a
positive comparison.
2. The final conclusion must be based on a sufficient number of common
characteristics between the known and questioned writing samples.
3. There are no hard and fast rules for a sufficient number of personal
characteristics; it is a judgment call made by the expert examiner in the context of
each case.
Henry Mill - was an English inventor who patented the first typewriter in 1714.

Hieroglyph - (Greek for "sacred writing") is a character of the ancient Egyptian


writing system. Logographic scripts that are pictographic in form in a way
reminiscent of ancient Egyptian are also sometimes called "hieroglyphs".

Hologram - a three-dimensional image formed by the interference of light beams


from a laser or other coherent light source.

Indented Writing - (second page writing), is the impression from the writing
instrument captured on sheets of paper below the one that contains the original
writing.
Electrostatic Detection - indented writing may be recovered using this method.

Ink - a coloured fluid or paste used for writing, drawing, printing, or duplicating.
- Microspectrophotometer - A nondestructive approach to comparing ink lines. It
is accomplished with a visible-light microspectrophotometer.
Thin-layer chromatography is also suitable for ink comparisons.

Interlineation - insertion between lines or paragraphs.

Juxtaposition - an act or instance of placing close together or side by side, especially


for comparison or contrast.

Lindbergh Baby Case - a sensational case of kidnapping for ransom resulting in


murder of a baby where questioned document examination is the center piece of the
investigation and the reason for the arrest of the perpetrator.

Manuscript - is any document written by hand, as opposed to being printed or


reproduced in some other way.

Microprinting - is one of many anti-counterfeiting techniques used most often on


currency and bank checks, as well as various other items of value. Microprinting
involves printing very small text, usually too small to read with the naked eye, onto
the note or item.

Obliteration - obscuring a document by a series of x-types, haphazard, lines, blots,


and smears.

Offset printing - or web offset printing is a commonly used printing technique in


which the inked image is transferred (or "offset") from a plate to a rubber blanket,
then to the printing surface.
- Letterpress printing - is a technique of relief printing using a printing press. A
worker composes and locks movable type into the bed of a press, inks it, and
presses paper against it to transfer the ink from the type which creates an
impression on the paper.

Pellegrino Turri - an Italian inventor, invented a mechanical typing machine, one of


the first typewriters in 1801 for his blind lover Countess Carolina Fantoni da
Fivizzano. He also invented carbon paper to provide the ink for his machine.

Pen Lift - is the practice of lifting the tip of a pen from a writing surface. It comes in
the form of a disconnection between letters and letter combinations.

Pen Pressure - the proportions of strokes to each other in width as affected by


shading and by unconscious emphasis.

Penmanship - is the technique of writing with the hand using a writing instrument.
The art or practice of writing with the pen.

Pictograph - a pictorial symbol for a word or phrase. Pictographs were used as the
earliest known form of writing, examples having been discovered in Egypt and
Mesopotamia from before 3000 BC.

Questioned Document - is any signature, handwriting, typewriting, or other mark


whose source or authenticity is in dispute or doubtful.

Most Common Questioned Document


1. Letters
2. Checks
3. Drivers License
4. Contracts
5. Wills
6. Voters Registration
7. Passports
8. Petitions
9. Threatening Letters
10.Suicide Notes
11.Lottery Tickets

Rules in Collecting Questioned Documents


1. Original Document Preferred
2. QDE must mark all evidence - initial and date.
If document cannot be marked it should be placed in enveloped
and sealed with initial and date.
3. Maintain chain of custody.

Questioned Document Examination - The scientific methods of identification and


examination of questionable documents, handwriting examination, detection of
forgery, falsification and counterfeiting of documents which stress the procedures of
restoring and deciphering erasures and obliteration's; examination of documents by
means of visible light, ultra-violet light and ultra-red radiation and colored powders;
recognition and selection of standards; and examination of questionable typewriting,
computerized documents and other forms of modern printing.

Retracing - any writing stroke which goes back over another writing stroke.

Rhythm - the balanced quality of movement, producing a natural result not


constrained nor artificial.

Rubric and Embellishment - the additional and unnecessary stroke incorporated in


writing for decorative or ornamental purposes.

Samuel Willard Soulé - (January 25,1830-July 12,1875) along with Christopher


Sholes and Carlos Glidden invented the first practical typewriter at a machine shop
located in Milwaukee, Wisconsin,
in 1869.

Security fibers - are embedded in the paper during manufacture and are non-
reproducible.

Security Thread - is a security feature of many banknotes to protect against


counterfeiting, consisting of a thin ribbon that is threaded through the note's paper.

Shading and Pen Position - the increase in width of stroke brought by variations in
writing pressure.

Sholes and Glidden Type-Writer - the first commercially successful typewriter.

Signature - a person's name written in a distinctive way as a form of identification in


authorizing a cheque or document or concluding a letter. From the latin word
"signare" which means "to sign".

Kinds of Signature
1. Formal Signature - signature used on official documents such as will or deed of
sale.
2. Informal Signature - signature used in routine correspondence such as personal
letters and other documents where you want the reader to recognize the signature
but the exact spelling of the name isn’t important.
3. Stylistic Signature - signature used in signing checks, credit card receipts, etc.
This is also like the famous “physician’s signature” on a prescription. It is often highly
stylistic and looks like a scribble with little that would be recognizable as a signature.

Signature Forgery - refers to the act of falsely replicating the signature of another
person.

Popular Methods of Forging Signature


1. Freehand Method - whereby the forger, after careful practice, replicates the
signature by freehand. Although a difficult method to perfect, this often produces the
most convincing results.
2. Trace-Over Method - the sheet of paper containing the genuine signature is
placed on top of the paper where the forgery is required. The signature is traced
over, appearing as a faint indentation on the sheet of paper underneath. This
indentation can then be used as a guide for a signature.

Methods of Signature Tracing


1. Carbon Outline Method - carbon paper inserted between original and false
document.
2. Indentation Process - original document is placed over false one under it, to be
traced later using a pen or pencil.
3. Transmitted Light Process - a light source is placed under a light, the original
document is placed under the false one. The light source will illuminate both
documents so that the writings on the original document will be seen and traceable
on the false one.

Characteristics That May Suggest Presence of Forgery


1. Shaky handwriting
2. Pen lifts
3. Signs of retouching
4. Letter proportions
5. Very close similarity between two or more signatures

Kinds of Forgery of Signatures


1. Simple Forgery - (spurious forgery) signing of a document in his own or in a
modified handwriting. Easy to detect once standards of genuine signatures are
obtained.
2. Simulated Forgery - (freehand forgery) the copying or imitation of a signature.

Indicators of Forgery
1. Blunt starts and stops
2. Pen lifts and hesitations
3. Tremor
4. Speed and Pressure
5. Patching

Slant - slope of writing in relation to the base line.

Spacing - is a blank area devoid of content, serving to separate words, letters,


numbers, and punctuation.

Striking - (stamping) making an impression of a coin on a metal blank by pressure


using steel dies.

Superimposition - placing or laying of one document over another in a way that it


appears as a single image. The placement of an image or video on top of an
already-existing image or video, usually
to add to the overall image effect, but also sometimes to conceal something.

Terminal - The end of a writing stroke.

Initial Stroke - the beginning of a writing stroke.

Tremor - deviation from uniform stroke brought about by lack of smoothness.

Kinds of Tremors
1. Genuine Tremors - caused by age, illiteracy, weakness.
2. Tremor of Fraud

Typebar - one of the bars on a typewriter that bears type for printing.

Typewriter - is a mechanical or electro-mechanical machine for writing in characters


similar to those produced by printer's movable type by means of keyboard-operated
types striking a ribbon to transfer
ink or carbon impressions onto the paper.

Carriage Return - referred to a mechanism or lever on a typewriter. It was used after


typing a line of text and caused the assembly holding the paper (the carriage) to
return to the right so that the machine was ready to type again on the left-hand side
of the paper (assuming a left-to-right language).

Typeface - the printing surface of the type block. The most popular type are pica and
elite.

Pica - 10 characters per inch

Elite - 12 characters per inch

Types of Typewriters
1. Keyboard typewriter - is the simplest kind of typewriter, functioning from the
QWERTY formation of letters and having a type (a metallic cast with letters molded
into it) that's attached by a bar or rod.
2. Single-element typewriter - enable the user to print data in different languages or
fonts. Instead of using a bar mold for the type (called a type bar), single-element
typewriters use type wheels, type sleeves or type shuttles for molds. The most
popular single-element was the Hammond type-shuttle
typewriter produced in 1884.
3. Type-bar typewriters, as the name suggests, use type bars, or molds of iron
shaped like bars, for their types. Type bars are the most common kind of typewriter
and the original invented by Sholes, Glidden and Soule was a type-bar typewriter.
4. Index typewriters - were far less costly in the pre-modern era, but also less useful.
An index typewriter required that users first input what key they would like, and then
perform another action (usually pressing a lever) to print the letter to a page. Usually
these didn't use type bars, but instead
type wheels, type shuttles, type plates and even more novel types. Examples of the
index typewriter are the American Visible, first manufactured in 1901, and the French
Virotyp of 1914.
5. Teletype Typewriters - (Teleprinters) came on the scene in the mid-1950s and
peaked in popularity in the 1960s. They were used mostly for communicating
information from point to point, much as modern fax machines are used. Most non-
IBM computers had teletype terminals. Teletypes were completely mechanical and
thus required regular lubrication; they didn't have type bars in the strictest sense and
instead used plastic gears to print messages.
6. Electric Typewriters - The most modern typewriter, still used today, is the electric
typewriter, most notably IBM models such as the Selectric. The electric typewriter
minimized the force necessary to print out a message by using a motor and type ball
to print letters on paper.

Vignette - a small illustration or portrait photograph which fades into its background
without a definite border.

Watermark - a faint design made in some paper during manufacture that is visible
when held against the light and typically identifies the maker.

Writing - is a medium of communication that represents language through the


inscription of signs and symbols.

Cursive Writing - also known as script, joined-up writing, joint writing, running
writing, or handwriting is any style of penmanship in which the symbols of the
language are written in a conjoined and/or flowing manner, generally for the purpose
of making writing faster.

Writing Speed - Classified Into 4 Divisions


1. Slow and Drawn 3. Average
2. Deliberate 4. Rapid
Polygraphy (Lie Detection) Reviewer
1875 - The earliest attempt at a scientific approach to the development
of diagnostic instrumentation for lie detection, when the Italian
physiologist, Angelo Mosso (1846-1910), began studies of fear and its
influence on the heart and respiration. The fear of being detected was
considered an essential element of deception. Through his research
Mosso demonstrated that blood pressure, blood volume, and pulse
frequency changed depending on changes in emotions of a tested
subject. From records of pulsation, Mosso was able to distinguish
persons who were afraid from those who were tranquil.

1915 - the year Dr.Marston developed the discontinuous systolic blood


pressure test which would later become one component of the modern
polygraph.

1992 - the polygraph made its official entrance into the computer age.

1997 - considered the year of birth of lie detection in Ukraine.

18th Century - the era conducive to developing technical means of


detecting deception, subsequently named: lie detector, variograph,
polygraph, emotional stress monitor, deceptograph, to name a few.

African Tribes - have utilized their own method of detecting a guilty


person. While performing a special dance around a suspected individual,
a sorcerer intensely sniffed him. The "investigator" made a conclusion
whether the suspect committed the crime based upon the intensity of
his body odor.

Alexander R. Luria - (1902-1977) a Soviet neuropsychologist, who


initiated the research on the psycho-physiological diagnostic
instrumentation methods in criminal investigations which began in
the 1920s. He used reaction time measures to study thought processes
and developed a psychodiagnostic procedure he referred to as the
"combined motor method" for diagnosing individual subject's thought
processes. He did not use an instrument in his study.

Ancient Methods of Lie Detection

Ancient Rome - bodyguard candidates were asked provocative


questions. Those who blushed were selected for the job. It was
believed that if a person blushed in response to provocative
questions, he would not participate in plots.

Ancient Sparta - Before being admitted to certain schools Spartan


young men were required to pass the selection criteria. The
young men were ordered to stand on the edge of a cliff, and were
asked if they were afraid. The answer was always negative;
however its integrity was determined by the men’s complexion.
It was concluded that the pale young men lied and they were
pushed from the cliff.

Nervous Behavior - if the subject look down and moved his toe
in a circular motion while being interrogated, he was thought
to be deceptive. This was later diagnosed as nervous behaviorism.
Nervous individuals were stereotyped as being deceptive.

The Ordeal of Rice - was commonly utilized as a lie detector in


ancient China. Suspect was required to chew a mouthful of dry
rice and then spit it out. If the rice was moist, the suspect
was judged innocent. If the rice was dry, the suspect was judged
guilty. The tension of guilt supposedly caused a cessation of
salivary glands secretion of fluids.

The Ordeal of the Hot iron - in Africa, the suspect had a hot
iron placed on his tongue, if the suspect's tongue was not
burned, he was judged innocent, if the suspect's tongue was
burned, he was judged guilty. The tension of guilt supposedly
caused a cessation of salivary secretions which would allow the
tongue to be burned.

The Ordeal of the Sacred Donkey - around 1500 BC in India,


Indian priests paints a donkey's tail with carbon residue from
an oil lamp and placed the animal in a dark tent. The suspects
were sent into the tent and told that pulling the "magic"
donkey's tail would reveal the liar (if a guilty man pulls his
tail, the donkey will bray). When the suspects came out, the
priests examined their hands. Those with clean hands had not
touched the donkey's tail. It was assumed that this was due
to the suspects’ fear of their guilt being discovered, proving
they were liars.

Angelo Mosso - an Italian Physiologist, he used an instrument called


plethysmograph in his research on emotion and fear in subjects
undergoing questioning and he studied the effects of these variables
on their cardiovascular and respiratory activity.

Plethysmograph - from the Greek word "Plethysmos" - increase or


enlargement and "grapho" - write or record, is an instrument for
recording and measuring variation in the volume of a part of
the body, especially as caused by changes in blood pressure.

Anti–Climax Dampening - The principle of psychological focus which


holds that a person will establish an emotional priority for that
stimulus which he perceives to represent the greatest threat to his
well being.

Anxiety - A state of mental uneasiness or concern. Abnormal apprehension


or fear, often accompanied by psychological signs, behavior symptoms or
doubt concerning the nature and reality of a threat; real or imagined.
Unfounded self–doubt.

Apnea - The transient cessation of breathing which follows forced


breathing. On a polygraph chart, apnea is generally represented by
a blocking pattern in the pneumograph tracing.

Applied Stimulus - An intentionally applied external stimulus,


normally in the form of a question, directed to a person under going
a polygraph examination. An applied stimulus may be employed for the
purpose of demonstrating a persons response capabilities at the time
the stimulus is applied.

Associated Research Inc. - in Chicago, manufactured the 1st commercial


polygraph instrument for Leonarde Keeler.

Autonomic Nervous System - That part of the peripheral nervous system


consisting of the sympathetic and the parasympathetic nervous system.

Axon - The central core which forms the essential conducting part of
a nerve fiber. An extension from and a part of the cytoplasm of some
nerve cells.

Backster Zone Comparison Technique - a polygraph technique which


primarily involved an alteration of the Reid question sequencing.

Basic Polygraph Examination Requirements


1. The Examining Room - Polygraph examinations should be conducted in
a quiet. private room. Under normal circumstances only the
polygraphist and examines are permitted in the examining room.
2. Pre-Test Interview - The examination actually begins with the first
contact between the examinee and the polygraphist. The pre- test
interview is vital to a proper polygraph examination. and no
examination will be administered by any AzPa member without an
adequate pre-test interview.
3. Question Formulation - Question formulation should be conduced in
accordance with established standards and techniques. Unless
specifically required by the nature of the issue being resolved,
no questions regarding morals or the intimate details of a person’s
personal life will be asked.
4. Test Construction - The use and placement of test questions within
the question sequence must adhere to and be in accordance with
those techniques generally recognized and widely accepted within
the polygraph profession.
5. Stimulation Test - The “stim” test is optional. It may be
conducted either as the first polygraph chart or inserted between
polygraph charts. The fact that an individual has been previously
examined, perhaps even by the same polygraphist], does not negate
the use of the “stim” test.
6. Review of Test Questions - Under no circumstances will any test
be administered without a prior, thorough review of all test
questions with the examinee.
7. Administering The Polygraph Charts
a. After applying pressure to the blood pressure cuff at the
time of the test, the polygraphist should be able to announce
the beginning of the test with minimum delay.
b. Test questions should be usually spaced at not less than
15 second intervals.
c. The administering of the polygraph examination shall be
conducted in accordance with established standards and
techniques which are taught by the accredited schools.
8. Chart Interpretation - Chart interpretation is the final key to
a valid polygraph examination. Under no circumstances is it
permitted that a AzPa polygraphist overlook or ignore the
established, basic concepts of chart interpretation taught in
all accredited polygraph schools.

Behavior Symptoms - Those subjectively observable non-verbal


manifestations of a person at the time of an applied stimulus which
may or may not be indicative of that person’s veracity.

Blood Pressure Change - The visual representation of an increase or


decrease in blood pressure or volume on a polygraph chart by the
cardio component of a polygraph instrument.

Cardio-Sphygmo-graph - Heart/pressure/recording. The tracing on a


polygraph chart, made by a pen moved by a bellows device in connection
with a closed air pressurized circuit and an in-line
cardio sphygmomanometer, which reflects blood pressure and radial pulse
in response to an applied stimulus.

Cardio sphygmomanometer - An in-line pressure dial in a closed air


pressurized circuit capable of representing the pressure in that
circuit in units of millimeters of mercury.

Cardiovascular System - Those portions of an organism which contain


the heart, arteries, veins and capillaries. The functional means by
which blood is transported throughout the body.

Cerebellum - That portion of the brain which projects over the medulla
and is especially concerned with the coordination of muscular activity
and body equilibrium.

Cerebrum - The enlarged front and upper part of the brain which contains
the higher nervous centers.

Cesare Lombroso (1835-1909) was the first in 1895 to experiment with a


device, measuring blood pressure and pulse, to detect deception in
criminal suspects and noted increased blood pressure following
relevant questions when put to some subjects. He called it a
Hydrosphygmograph.

Chart - The graphic recorded representations of a persons


psychophysiological responses to a set of carefully controlled
stimuli presented to him in the form of a valid and reliable question
structure.

Christian Hans Stoelting - founded the stoelting company, now a


Manufacturer and distributor of research instrumentation including
physiology and biofeedback for scientific research plus psychological
and educational tests.

Stoelting Company - Stoelting invented the first modern


polygraph in 1935.

Chart Identification - Any information placed on a polygram which


identified the person examined, the polygraphist conducting the
examination as well as any other data, time and place of the
examination, including the signature of the examinee, if obtainable.

Cleve Backster - he founded the CIA's polygraph unit shortly after


World War II. He also founded the longest running polygraph school
in the world. He developed the Backster Zone Comparison Technique
(ZCT).

Control Stimulation Test - A modified peak of tension test used to


relax the non-deceptive examinee and stimulate the deceptive examinee
by empirical evidence of the effectiveness of the polygraph technique.

Control Question - That question within a structured technique which


is broad in scope and depth, generally limited by mutually exclusive
time parameter, which relates to a wrong doing of the same general
nature as the one under investigation, and one to which the examiner
will, in all probability, lie or to which his answer will be of
dubious validity in his own mind.
- A question to which the examinee’s answer will be a known lie
or a probable lie. This question is similar in nature but not related
to the issue being resolved, and should be of slightly less weight
than the relevant questions.

Control Question Technique (CQT) - a polygraph technique that


incorporated control questions (comparison) which were designed to be
emotionally arousing for non-deceptive subjects and less emotionally
arousing for deceptive subjects than the relevant questions
previously used.

Counter Measures - Deliberate chemical, mental or physical, attempts


by an examinee to affect the polygraph tracings or the final outcome
of a polygraph examination.

Cuff pressure - The air pressure in the inflatable bladder in the


blood pressure cuff as indicated on the sphygmomanometer of the
polygraph instrument in units of millimeters of mercury.

Daniel Defoe - a British novelist who in 1730 wrote an essay entitled


"An Effectual Scheme for the Immediate Preventing of Street Robberies
and Suppressing all Other Disorders of the Night", wherein he
recommended that taking the pulse of a suspicious fellow was a
practical, effective and humane method for distinguishing truthfulness
from lying.

Deception - the act of making someone believe something that is


not true.
Dendrites - An extension or process of a neuron which serves to conduct
impulses toward the cell body.

Dick Arther - refined the Reid Control Question Technique with his
known Lie and Probable Lie Question Technique and the Guilt Complex
Question. This Became known as Arther's Technique.

Dicrotic Notch - graphic representation within the cardio tracing on


a polygraph chart caused by a backward surge of blood against the
semi-lunar valve in the left ventricle of the heart.

Distortion - change in polygraph tracings caused by artifact stimulus.


A disturbance of normal polygraph tracings not attributable to an
intended stimulus within a test structure.

Dr. Joseph F. Kubis - of Fordham University in New York City, was the
first researcher to use potential computer applications for the
purpose of polygraph chart analysis in the late 1970's.

Dr. Marie Gabriel Romain Vigouroux (1831-1911) a French electrotherapy


specialist was first to discover in 1879 the phenomenon we now know
as Electrodermal Response.

Electrodermal Response - human body phenomenon in which the body,


mainly the skin, involuntarily changes resistance electrically
upon the application of certain external stimuli.

Scientists Who Contributed to the electrodermal response research


1. Ivan R. Tarchanoff (1846-1908) Georgian
2. Charles Samson Fere (1852-1907) French
3. Georg Sticker (1860-1960) German
4. Otto Veraguth (1870-1944) Swiss

Dyspena - Abnormal breathing characterized by either labored breathing,


shortness of breath, suppression or serrated exhalation.

Efferent Nerve Fibers - Those neural fibers which carry impulses away
from the central nervous system.

Ego Defense Mechanism - Those psychological defenses used by a person


to shield himself against that which he perceives to represent a
threat to his immediate well-being.

Endocrine Glands - Those ductless glands which discharge their


secretions directly into the blood stream. In general, the endocrine
glands coordinate and control body activities at a slower rate than
the nervous system and thus promote long term adjustments.

Enveloping Question - A question used at the beginning and end of a


searching peak of tension test which deals with an issue or subject
which is beyond the realm of possibility of the information being
sought.
Eupnea - Regular or normal breathing.

Examinee - An individual who has volunteered for and undergoes a


polygraph examination.

Excitability - The potential ability of a neuron to respond to any


given stimulus.

Expert Opinion - A statement reflecting the results of the evaluation


of a polygraph chart.

Extrasystole - A premature contraction of the heart which is


independent of the normal rhythm and which arises in response to an
impulse in some part of the heart other than the sino-auricular node,
or from some abnormal stimulus. An extra systole appears in the cardio
tracing of a polygraph chart as a break in the normal rhythm of
the heart.

Fight or Flight Syndrome - The activation of involuntary sympathetic


neural activity upon conscious recognition of a threat to the
immediate well-being of an organism. A group of neural symptoms which
enable an organism to cope with a stressful or threatening situation
by taking that organism from a normal relaxed state to an emergency
state of preparedness for the sake of survival.

Forensic Psychophysiology - Modern term for polygraph examination.

Galvanograph - elecrtrical Current recording, known as the GSR, galvanic


skin response and galvanic skin conductance.

Galvanometer - measures the small differences in electrical


resistance and any shifts in a subject’s anxiety.

Ganglia - Groups of nerve cell bodies found in the autonomic plexuses


composed primarily of sympathetic postganglionic neurons.

Guilt Complex - A group of associated ideas or attitudes which have a


common emotional tone of feelings of universal responsibility. these
ideas or attitudes may be conscious or unconscious; however, they
may significantly influence an individual’s behavior or
psychophysiological responses when confronted with an accusation.

Guilt Complex Question - A question included in a structured


polygraph test designed to identify a person who may be
inappropriately responding to relevant and control questions
due to a guilt complex. This question is usually one which
concerns a nonexistent crime or circumstance which an examinee
is led to believe did exist in which he is suspect but which
he knows he could not have committed.

Guilt Complex Question - A question about a fictitious incident


of individual. and of a similar nature and weight as the issue
being resolved.

Sticker - one of the first to suggest the use of EDA, galvanic


skin response as an indicator of deception.

Hidden Key - An item of evidence known only to the victim, perpetrator,


investigator and polygraphist.

Homestasis - The tendency of an organism to maintain a state of


equilibrium between interrelated psychological and psysiological stimuli.

Hydrosphygmograph - (water pressure recording) a device consisting


of a cylinder containing water and connected with a registering tube,
used to record the amount of blood forced with each pulsation into a
limb in cased in the apparatus.

Hypnosis - alteration of consciousness and concentration, subject


manifest heightened suggestability, not admissible in court.

Hypothalamus - That portion of the brain which contains centers for


the regulation of body temperatures, sleep and water balance. It
also appears to be the center for the integration of emotions,
visceral activity and neural impulses which trigger the sympathetic
division of the autonomic nervous system.

Irrelevant Question - is intended to be an innocuous. harmless


question, having no particular relationship to the issue being
resolved and which can unequivocally be answered truthfully.

Primary Relevant Question - The key question regarding the direct


act of committing an offense.

Secondary Relevant Question - A question pertaining to pertinent


aspects of the issue. to which a guilty or knowledgeable person
would be expected to respond significantly.

Jacques-Arsène d'Arsonval (June 8,1851–December 31,1940) was a French


physician, physicist, and inventor of the moving-coil D'Arsonval
galvanometer and the thermocouple ammeter. D'Arsonval was an important
contributor to the emerging field of electrophysiology, the study of
the effects of electricity on biological organisms, in the
19th century.

John Augustus Larson - was a Police Officer for Berkeley, California,


United States, and famous for his invention of modern polygraph used
in forensic investigations. He was the first American police officer
having an academic doctorate and to use polygraph in criminal
investigations.

John E. Reid - a lawyer from Chicago, Illinois, developed the Control


Question Technique (CQT) in 1947. Also called the "father of Controls".

Reid Control Question Technique - inserted a surprise control


question in the relevant/irrelevant technique.

Keeler Polygraph - It became the most widely used polygraph in the


world for the next three decades.

Known Peak of Tension Test - This is a series of similar type questions


containing only one relevant question. known to the polygraphist.

Searching Peak of Tension Test - A series of questions wherein


the relevant questions are not known to the polygraphist.

Kymograph - An instrument for recording variations in pressure, as


of the blood, or in tension, as of a muscle, by means of a pen or
stylus that marks a rotating drum at a constant speed.

Lafayette Instrument Company - founded in 1947 by Max Wastl


(1915-1990), located in Lafayette, Indiana, USA, dominates the
international polygraph market. It is the unconditional global leader
in the manufacture and sale of lie detectors.

Leonarde Keeler - in 1926, modified the polygraph instrument designed


by John Larson by adding a device that measured electrical skin
conductivity or electrodermal response. He also founded the world's
first polygraph school, the Keeler Polygraph Institute in Chicago,
Illinois in 1948. Considered the father of modern polygraph.

Lie - is an intentionally false statement to a person or group made


by another person or group who knows it is not wholly the truth.

Kinds of Lie
1. White or Benign Lie - lie to preserve harmony of relationship.
2. Pathological Lie - can not tell right from wrong.
3. Red Lie - communist propaganda
4. Black Lie - lie to dishonor or to discredit
5. Malicious/Judicial Lie -misleading or lie to obstruct justice.
6. Fabrication - misrepresentation of truth
7. Bold-Face Lie - obviously lying
8. Lying by Omission - omission of important facts
9. Lie to Children - to gain acceptance to children
10.Noble Lie - to maintain law and order
11.Emergency Lie - to prevent harm to third party
12.Perjury - false testimony under oath
13.Bluffing - pretense of capability/intention one does not possess
14.Jocose Lie - meant to be jest, teasing and sarcasm
15.Contextual lie - stating part of truth out of context
16.Promotion lie - incredible advertisements

Type of Liars
1. Panic Liars
2. Occupational Liars
3. Tournament Liars
4. Psychopathic Liars
5. Ethological Liars
6. Pathological Liars
7. Black Liars

Luigi Galvani - an Italian Physician and Physiologist who in 1791,


accidentally discovered that a dissected frog leg would twitch and
contract at the touch of a scalpel charged with electricity. He
discovered that current or galvanic electricity flowed through animal
tissue.

Mechanical Adjustment - The manual centering of the ink pens on a


polygraph instrument in order to maintain the individual component
tracings within their appropriate physical parameters.

Medula Oblongata - The lowest or hindmost part of the brain continuous


with the spinal cord. Contains centers of respiratory, cardio inhibitory,
cardio acceleratory, vasoconstrictor, vasodilator, swallowing, salivary
and vomiting.

Midbrain - The middle segment of the brain containing the centers for
certain visual and auditory reflexes.

Middle Ages - a suspect's pulse rate readings were collected for


determining his or her guilt. This method was employed for exposing
unfaithful wives and their lovers. The testing technique was very
simple. A trained individual placed a finger on a wrist of a woman
suspected of infidelity, while mentioning names of the men, who could
have had an intimate relationship with her. The examinee's pulse
accelerated when she heard and, consequently, reacted to the name
of her lover.

Name Test - A controlled peak of tension test utilized to establish


an examinee’s response capability to a known lie in which the name
of a person upon whom the examinee places emotional significance is
used as a known peak of tension.

Nerves - Those strands of tissue which specialize in the transmission


of impulses to and from the brain and spinal cord and all parts of
the body.

Neuron - A single nerve cell.

Neutral Question - A question which does not pertain to the issue under
investigation the answer to which recognized as universally correct
by both the examinee and the polygraphist. A neutral question is
intended to elicit a minimal response from the examinee and provide
the polygraphist with a valid graphic representation of the
examinee’s non-stress response patterns.

Numerical Evaluation - A valid and reliable system of numerical


evaluation which employs a consistent set of values to describe the
observable physiological responses graphically represented on a
polygraph chart.
Opinion - The expert conclusion expressed by a qualified polygraphist
concerning the veracity of the statements made by examinee.

Otto Veraguth - was a Swiss neurologist. In the 1900s he published a


study of a phenomenon he called "psychogalvanic reflex" associated
with observed changes in the electrical properties of the skin. In
his research he noticed that emotional stimuli caused greater
deflections (higher readings) on a galvanometer that was connected
to the skin via electrodes than did neutral stimuli. He used the
galvanomenter in conjunction with word-association tests.

Psychogalvanic Reflex - also called galvanic skin response, a


change in the electrical properties of the body following noxious
stimulation, stimulation that produces emotional reaction and to
some extent, stimulation that attracts the subject's attention
and leads to an aroused alertness.

Outside Issue - A circumstance unrelated to the primary issue which


poses a greater threat to the immediate well-being of the examinee
than does the primary relevant issue.

Padding Questions - Those questions placed before and after the known
relevant question in a known peak of tension test. Padding questions
are similar in nature to the known relevant question and fall within
the realm of possibility of the information being sought.

Parasysmpathetic Nervous System - That part of the autonomic nervous


system which tends to induce secretion, to increase the tone and
contractibility of smooth muscle and to channel the dilation of
blood vessels. That division of the autonomic nervous system
responsible for the normal “house keeping functions of the body;
i.e. digestion and body temperature.

Peripheral Nervous System - That portion of the nervous system lying


outside the central nervous system.

Plethsysmograph - The tracing on a polygraph chart made by a pen moved


by a photo-optical system controlled by an examinee’s
psychophysiological responses to controlled stimuli.

Pneumograph — breathing/recording, from the Greek word "Pneuma" - air


or breath and "Grapho" - write or record, a device that recorded a
subject's breathing patterns.

Polygram - One or more polygraph charts. The cumulative recorded


representations of an examinee’s psychophysiological responses to a
set of controlled stimuli presented to him in the form of a properly
constructed question technique upon which an expert opinion is formed.

Polygraph - a machine designed to detect and record changes in


physiological characteristics, such as a person's pulse and breathing
rates, used especially as a lie detector.
Polygraph Machine Measure and Record the ff:
1. Blood Pressure
2. Heart Rate
3. Respiration
4. Skin Conductivity

Polygraphist - An individual who, by virtue of his education, training


and experience, is capable of conducting a valid and reliable
polygraph examination for the purpose of determining whether or not
an examinee honestly believes that his own statements and answers
concerning a questioned issue are in fact truthful.

Polygraph Examination - The entire environment within which a


qualified polygraphist renders an expert opinion as to the veracity
of an examinee’s statements concerning the primary issue of the
matter under investigation.

Polygraph Examiner - interpret the charts generated by the polygraph


machine. Polygraph came from the Greek word "polys" - many writings
and "grapho" write.

Polygraph Chart - is one continuous set of test questions recorded on


paper by the polygraph instrument.

PolyScore - a software program which used a sophisticated mathematical


algorithm to analyze the polygraph data and to estimate a probability
or degree of deception or truthfulness in a subject.
- is a computerized polygraph chart scoring algorithm that uses
statistical probability to arrive at truthfulness or deception. It
has been shown that validated algorithms have exceeded 98 percent
in their accuracy to quantify, analyze and evaluate the physiological
data collected from polygraph examinations administered in real
criminal cases.

Dr. Dale E. Olsen and John C. Harris - statisticians at Johns


Hopkins University Applied Physics Laboratory, in Maryland,
completed a software program called PolyScore in 1993.

Pons - A band of nerve fibers in the brain connecting the lobes of the
cerebellum, the medulla and the cerebrum.

Pre-Employment Examination - An examination in which an individual is


tested regarding the truthfulness and accuracy of an employment
application. along with other background areas, which aids the
employer in selecting the most qualified individual for a position
within the organization.

Pre-Examination Interview - That portion of a polygraph examination


during which information is obtained by the polygraphist from the
examinee regarding the facts and circumstances which from the basis
of the examination and from which the polygraphist develops
appropriate questions for the polygraph technique to be employed.
Psychogalvanic Skin Response - The recordable changes of body tissue
polarization (neural discharge), sweat gland activity or circulatory
variations which occur as the result of work, emotion or a combination
of either. In polygraphy, these changes are recorded on a polygraph
chart by a pen attached to a galvanometer driven by the variations
of electrical conductivity introduced into a Wheatstone Bridge by
the body tissues of an examinee.

Psychogalvanometer — a component that measured changes in a subject's


galvanic skin resistance during questioning, and in doing so, thus
signaling the birth of the polygraph as we know it today.

Psychological Set - The theory which holds that a person’s fears,


anxieties and apprehensions will be directed toward that situation
which presents the greatest immediate threat to his self-preservation
or general well-being; generally to the exclusion of all other less
threatening circumstances within his environment.

Psychosis - A form of sever personality disorder involving loss of


contact with reality, generally characterized by delusions and
hallucinations.

Question Spacing - The elapsed time (not less than 15 seconds) between
an answer given by an examinee and the following question asked by
the polygraphist during a polygraph test.

Receptors - Those specialized cells sensitive to incoming stimuli.

Reflex Action - The cumulative product of stimulus, receptor, afferent


nerve, connecting neuron, efferent nerve and effector action. A simple
reflex arc.

Refractory Period - That period of time in which a neuron is unable


to conduct an impulse.

Reid Polygraph - was the first instrument to use a movement sensor to


detect subject movement during the examination. Besides recording
blood pressure, pulse, respiration, and GSR, this new polygraph
recorded muscular activity in the forearms, thighs, and feet thanks
to metal bellows placed under the arms and seat of the polygraph
chair.

Relevant Question - That question within a structured polygraph test


which pertains directly to the matter under investigation.

Irrelevant Question - is intended to be an innocuous, harmless


question, having no particular relationship to the issue being
resolved. and which can unequivocally be answered truthfully.

Primary Relevant Question - The key question regarding the direct


act of committing an offense.

Secondary Relevant Question - A question pertaining to pertinent


aspects of the issue. to which a guilty or knowledgeable person
would be expected to respond significantly.

Control Question - A question to which the examinee’s answer will


be a known lie or a probable lie. This question is similar in
nature but not related to the issue being resolved, and should
be of slightly less weight than the relevant questions.

Guilt Complex Question - A question about a fictitious incident


of individual. and of a similar nature and weight as the issue
being resolved.

Relevant/Irrelevant (R/I) questioning - a mixture of questions relevant


to the crime (for example, Do you own a knife?) and irrelevant questions
are asked (for example, Are you twenty years old?). The basis for this
type of questioning was that an innocent person has a similar physiological
response to both types of questions, but a guilty person would react
more strongly to the crime-relevant questions.

Residual Air - That volume of air which remains in the lungs after the
deepest possible exhalation.

Sacrifice Relevant Question - A question used in the Zone comparison


Test designed for the intended to dissipate initial tension
anticipated by an examinee in response to the target issue.

Searching Peak Of Tension Test - a polygraph test in which a series


of questions, usually similar in nature and scope, are asked and in
which the answer to only one of them may evoke a response from the
examinee.

Screening Examination - is one in which, without any specific


allegation, an individual is examined to verify his/her honesty,
integrity and conduct as an employee.

Specific Examination - is one in which there is one specific issue to


be resolved, ex. theft, burglary, robbery murder, etc.

Sensor - Any attachment made to the human body for the purpose of
measuring and/or recording a psychophysiological response during a
polygraph test.

Specific Response - A deviation from an examinee’s normal state of


homeostasia as evidenced by the tracings on a polygraph chart.
Consideration must be given to overall chart interpretation with
emphasis on the nature of the questions asked, the sequential
position of the question within the structure used and the manner in
which the question was presented to the examinee.

Sphygmomanometer - or blood pressure meter (also referred to as a


sphygmometer) is a device used to measure blood pressure, composed of
an inflatable cuff to restrict blood flow, and a mercury or mechanical
manometer to measure the pressure.
Spot Analysis Technique - A system of chart interpretation whereby
analysis of response capability may be made at each location on a
polygraph chart wherein a relevant question is either preceded by
or followed by a control question.

Super Dampening - The principle of psychological focus which holds


that if a person considers an outside issue to be a greater threat
to his well-being than the main relevant issue, and that if he
anticipates an unreviewed question concerning this outside issue,
he may tune out all relevant and control questions by forcing his
psychological set on the outside issue. The presence of an outside
issue usually results in poor responses or no responses.

Stimulation Test - Verifies for the examiner that the examinee is


testable. and aids in convincing the examinee that the polygraph
instrument works, and will work on him.

Suppression - An involuntary reduction in the amplitude of the


pneumograph and cardiograph tracings in response to a stressful
stimulus.

Sympathetic Nervous System - That part of the autonomic nervous


system which tends to depress secretion, decrease the tone and
contractibility of muscle not under direct voluntary control, and
cause the contraction of blood vessels.

Symptomatic Question - A question contained within a structured


question technique which is designed to identify the presence of
an outside issue upon which a person may be focusing during the
course of a polygraph examination.

Symptomatic Question - A question use to determine it some


outside issue is of such concern to the examinee that it
tends to damage expected responses to relevant questions.

Synapsis - The chemical junctions where nerve impulses pass from one
neuron to another.

System - A group of body organs which combine to form a whole and to


cooperate for the purpose of carrying on some vital function.

Test Technique - A valid and reliable question structure employed


by a qualified polygraphist for the purpose of verifying an
examinee’s statements or answers during a polygraph examination.
The sequential order in which questions are asked during a polygraph
examination. The foundation of expert opinion.

Thalamus - The middle part of the brain through which sensory


impulses pass to reach the cerebral cortex.

Tidal Volume - The volume of air moved in or out of the lungs with
each respiratory cycle.
Veraguth - was one of the first to make word-association tests with
the galvanometer.

Vittorio Benussi - an Italian Psychologist who in 1914 discovered a


method for calculating the quotient of the inhalation to exhalation
time as a means of verifying the truth and detecting deception in
a subject. Benussi measured and recorded breathing by means of an
instrument known as the Pneumograph. He concluded that lying caused
an emotional change within a subject that resulted in detectable
respiratory changes that were indicative of deception.

West Africa - persons suspected of a crime were made to hold and pass
a bird's egg to one another. The person breaking the egg was considered
guilty, based on the notion that his or her tremor-eliciting
nervousness was to blame.

Wheatstone Bridge - A specially devised electronic circuit for the


measurement of electrical resistance in a conductor. The conductor
of unknown resistance is included in the circuit with three known
resistances. when the unknown resistance (RX) is balanced with three
known resistances (R1, R2, R3) it can be calculated mathematically
since it becomes one term in a proportion.

William Moulton Marston - was an American psychologist and the creator


of the systolic blood pressure test, which became one component of
the modern polygraph invented by John Augustus Larson in Berkeley,
California.
- an American attorney and psychologist, is credited with
inventing an early form of the lie detector when, in 1915, he
developed the discontinuous systolic blood pressure test which would
later become one component of the modern polygraph.

Word Association Test - questions answerable by yes or no, concerned


with time of response. Quick answer, no relation to investigation.
Delayed answer, has relation to investigation.
Legal Medicine Reviewer
Legal Medicine Reviewer

Definition of Terms

Abrasion - a skin injury caused by scraping off of superficial skin due to friction
against a rough surface.

Abortion - is the termination of pregnancy by the removal or expulsion from the


uterus of a fetus or embryo before viability.

Adipocere - a peculiar waxy substance consisting of salts and fatty acids and formed
from the decomposition of corpse tissues, especially in moist habitats, also called
grave-wax.

Algor mortis (Latin: algor - coldness; mortis - death) is the reduction in body
temperature following death.

- Rigor mortis (Latin: rigor - stiffness, mortis - death") is one of the recognizable signs
of death, caused by chemical changes in the muscles after death, causing the limbs
of the corpse to become stiff and difficult to move or manipulate.

- Importance Of Rigor Mortis


- Rigor mortis is utilized to approximate the time of death. Generalized muscular
contractions occur from 3 to 6 hours until 36 hours.

Autopsy - a post-mortem examination to discover the cause of death or the extent of


disease. An autopsy is derived from the Greek word "autos" - oneself and "opsis" -
sight/view.

- Who are authorized to perform autopsy


1. Health officers
2. Medical officer of law enforcement agencies
3. Members of the medical staff of accredited hospitals

- When Autopsy performed


1. Written request of nearest kin to ascertain the cause of death
2. Order of the competent court, mayor, prosecutor
3. Written request of a law enforcement officer
4. When required by a special law
5. Solgen, prosecutor to determine the cause of death

- Principal Aim Of An Autopsy


1. To determine the cause of death
2. To determine the state of health of the person before he or she died,
3. To determine whether any medical diagnosis and treatment before death were
appropriate.
- Types of Autopsies
1. Medico-Legal Autopsy or Forensic or coroner's - autopsies seek to find the cause
and manner of death and to identify the decedent.
2. Clinical or Pathological autopsies are performed to diagnose a particular disease
or for research purposes.
3. Anatomical or Academic Autopsies - are performed by students of anatomy for
study purposes only.
4. Virtual or Medical Imaging Autopsies - are performed utilizing imaging technology
only, primarily magnetic resonance imaging (MRI) and computed tomography (CT).

- Forensic Autopsy - is used to determine the cause and manner of death.

Anatomy - the branch of science concerned with the bodily structure of humans,
animals, and other living organisms, especially as revealed by dissection and the
separation of parts.

Biochemistry - the branch of science concerned with the chemical and physico
chemical processes and substances which occur within living organisms.

Cadaveric Spasm - also known as postmortem spasm, instantaneous rigor,


cataleptic rigidity, or instantaneous rigidity, is a rare form of muscular stiffening that
occurs at the moment of death, persists into the period of rigor mortis and can be
mistaken for rigor mortis.
- Cadaveric spasm occurs immediately after death and is useful to ascertain the
circumstances of death.

Cerebral Concussion – there is a brief loss of consciousness and sometimes


memory after ahead injury that doesn’t cause obvious physical damage.

Cerebral Contusion – they are bruises to the brain, usually caused by a direct, strong
blow to the head. They are more serious than concussions.

Circulatory System - also called the cardiovascular system, is an organ system that
permits blood to circulate and transport nutrients (such as amino acids and
electrolytes), oxygen, carbon dioxide,
hormones, and blood cells to and from cells in the body to nourish it and help to fight
diseases stabilize body temperature and pH, and to maintain homeostasis.

Contempt of Court - any willful disobedience to or disregard of a court order or any


misconduct in the presence of a court action that interferes with a judge's ability to
administer justice or that
insults the dignity of the court. Punishable by fine or imprisonment or both.

Contusion - also called a bruise, is a type of hematoma of tissue in which capillaries


and sometimes venules are damaged by trauma, allowing blood to seep,
hemorrhage, or extravasate into the surrounding interstitial tissues.

Death - Complete cessation of all cardiopulmonary (heart-lung) and/or cessation of


brain activity.
Death is the termination of all biological functions that sustain a living organism.

- Kinds of Death
1. Somatic or Clinical Death - permanent cessation of all vital bodily functions.
2. Molecular or Cellular Death - refers to the death of cells. 3 to 6 hours after
cessation of life.
3. Apparent death or State of Suspended Animation - a state in which the processes
of the body (such as blood circulation) stop or become very slow for a period of time
while a person or animal is unconscious.

- Leading Causes of Death In The World


1. Ischaemic heart disease
2. Stroke (cerebrovascular diseases)
3. Lower respiratory infections
4. Chronic Obstructive Lung Disease

- Signs Of Death
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body (Algor Mortis) - The temperature of 15–20 degrees Fahrenheit
is considered as an ascertain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye - There is loss of corneal reflex

Tokyo Declaration - is a set of international guidelines for physicians concerning


torture and other cruel, inhuman or degrading treatment or punishment in relation to
detention and imprisonment,
which was adopted in October 1975 during the 29th General assembly of the World
Medical Association.

Defloration - is the laceration or rupture of the hymen as a result of sexual


intercourse.

Dermis - the thick layer of living tissue below the epidermis which forms the true
skin, containing blood capillaries, nerve endings, sweat glands, hair follicles, and
other structures.

Digestive System - The digestive system is a group of organs working together to


convert food into energy and basic nutrients to feed the entire body.

Dr. Pedro P. Solis - Philippines father of Legal Medicine.

Ecchymosis - a discoloration of the skin resulting from bleeding underneath, typically


caused by bruising.

Endocrine System - refers to the collection of glands of an organism that secrete


hormones directly into the circulatory system to be carried towards a distant target
organ.

Epidermis - the outermost layer of the skin of a human or other vertebrate animal.

Euthanasia - Meaning good death ( well or good ), Refers to the practice of ending
life in a painless manner. The deliberate intervention was undertaken with the
express intention of ending life, to relieve intractable suffering.
Excretory System - is a passive biological system that removes excess, unnecessary
materials from an organism, so as to help maintain homeostasis within the organism
and prevent damage to the body.

Firearm identification - used to determine whether the gun that is subject of the
investigation has the same gun used or fired.

Forensic Medicine - application of medical science to elucidate legal problems.

Forensic Science - involves the application of the sciences to answer questions of


interest to the legal system.

Four 4 Signs of Inflammation


1. Rubor - redness
2. Calor - heat
3. Tumor - swelling
4. Dulor - pain

Fracture - comes from the Latin word “fractura” which means a break in the
continuity of the bone. It is also a combination of a break in the bone and soft tissue
injury.

Frostbite - injury to body tissues caused by exposure to extreme cold, typically


affecting the nose, fingers, or toes and often resulting in gangrene.

Frostnip - the initial stages of frostbite.

Gynecology - the branch of physiology and medicine which deals with the functions
and diseases specific to women and girls, especially those affecting the reproductive
system.

Hematoma - is a collection of blood outside of a blood vessel.

Homeostasis -means remaining stable or remaining the same.

Incision - a surgical cut made in skin or flesh.

Injury - is the damage to a biological organism caused by physical harm.

- Coup Injury - injury at the site of application of force.

- Contre-Coup Injury - injury opposite the site of application of force.

- Coup-Conre-Coup Injury - injury at the site and opposite the site of application of
force.

- Locus Minoris Resistentiae - injury not at the site and not opposite the site of
application of force but at the site offering least resistance.

- Extensive Injury - injury on a greater area more than the site of application of force.

Integumentary system - is the organ system that protects the body from various
kinds of damage, such as loss of water or abrasion from outside. The system
comprises the skin and its appendages, including hair, scales, feathers, hooves, and
nails.

Laceration - a deep cut or tear in skin or flesh. A wound that is produced by the
tearing of soft body tissue. This type of wound is often irregular and jagged.

Lazarus Syndrome - is also called Lazarus Phenomenon, is the spontaneous return


of circulation after failed attempts at resuscitation.

Lazarus Sign - or Lazarus reflex is a reflex movement in brain dead patients, which
causes them to briefly raise their arms and drop them crossed on their chests.

Legal Medicine - Branch of medicine which deals with the application of medical
knowledge to the purpose of law and in the administration of justice. Application of
medicine to legal cases.

Livor Mortis - is a settling of the blood in the lower (dependent) portion of the body,
causing a purplish red discoloration of the skin. From the Latin word "livor" - bluish
color and "mortis" - of death. Also known as post-mortem lividity.

Mayhem - intentional maiming of another person.

Mechanical Trauma - is an injury to any portion of the body from a blow, crush, cut,
or penetrating the wound.

Medical Evidence - is the means sanctioned by the rules of court of ascertaining in a


judicial proceeding the truth respecting a matter of fact.

Types of Evidence
1. Real Evidence/Autoptic - made known to the senses
2. Testimonial Evidence - oral testimony under oath
3. Experimental Evidence
4. Documentary Evidence

Medical Jurisprudence - knowledge of the law in relation to the practice of medicine.

Medico-Legal officer - (medical examiner) a physician who determines the cause of


injury/death/disease by examining the patient/cadaver and testify in court to aid in
the administration of justice.

Mental Deficiency – or mental retardation, is sub average intellectual ability present


from birth or early infancy. Intelligence is both determined by heredity and
environment. In most cases of mental
deficiency, the cause is unknown.

Classification of Mental Deficiency


1. Idiot – The idiot’s intelligence never exceeds that of a
normal child over 2years old. The IQ is between 0 – 20.
This is usually congenital.
2. Imbecile – the imbecile’s intelligence is compared to a normal
child from 2 –7 years old and the IQ is 20 – 40.
3. Feeble Minded – his mentality is similar to that of a normal
child between 7 – 12 years old and an IQ of 40 – 70.
The Legal Importance of determining the person’s state of mind
are the following:
1. In Criminal law, insanity exempts a person from criminal
liability.
2. In Civil law, Insanity is a restriction of the capacity of a
natural person to act as provided in Article 38 of the
Civil Code.
3. Insanity modifies or limits the capacity of a natural person
to act as provided in Article 39 of the Civil Code.
4. Insanity at the time of marriage of any or both parties is a
ground for the annulment of marriage.

Mental Health Disorders – include disturbances in thinking, emotion,


and behavior. There is a complex interaction between the physical,
psychological, social, cultural and hereditary influences.

Factors that Contribute to the Development of Mental Disorders


1. Heredity – the most frequent factor that contributes to
insanity and a good history will reveal the ascendants
afflicted with the same.
2. Incestuous Marriage – The mental illness is accentuated when
they are blood relative.
3. Impaired Vitality – Stress, tension, worry,grief may
predispose to insanity.
4. Poor Moral Training and Breeding – Corrupt moral upbringing
in the family due to immorality of the parents.
5. Psychic Factors – Factors like love, hate,rage, anger,
passion disappointments.
6. Physical Factors
a. Non toxic factors – exhaustion resulting from severe
physical and mental strain and traumatic injuries
to the head.
b. Toxic factors – drug addiction, infections of
the brain.

Kinds of Mental Health Disorders


1. Psychosomatic disorders – physical disorders caused by
psychological factors.
2. Somatiform disorders – encompasses several psychiatric
disorders in which people report physical symptoms but deny
having psychiatric problems.
3. Generalized Anxiety Disorders
4. Panic Attacks and Panic Disorder
5. Phobic Disorders
a. Agoraphobia
b. Specific phobias
c. Social phobia
6. Obsessive Compulsive Disorder
7. Post-Traumatic Stress Disorder
8. Depression and Mania
9. Bipolar Disorder
10.Suicidal Behavior
11.Eating Disorders
a. Anorexia nervosa
b. Bulimia nervosa
c. Binge eating disorder
12.Personality Disorders
a. Paranoid
b. Schizoid
c. Histrionic
d. Narcissistic
e. Antisocial
f. Borderline
g. Avoidant
h. Dependent
i. Obsessive – Compulsive
j. Passive Aggressive
k. Dissociative
13.Schizophrenia – a serious mental disorder characterized by
loss of contact with reality(psychosis), hallucinations,
delusions (false beliefs), abnormal thinking, disrupted
work and social functioning.

Types of Schizophrenia
a. Paranoid - is a mental disorder characterized by
paranoia and a pervasive, long-standing
suspiciousness and generalized mistrust of others.
b. Hebephrenic - it is characterized by disorganized
behavior and speech, as well as disturbances in
emotional expression.
c. Catatonic - does not respond to external stimuli.
characterized by a marked lack of movement,
activity, or expression.

14.Delusional Disorder
15.Psychological Incapacity – a waste basket diagnosis because
it is so broad a term, that it covers all possible Mental
Disorders.

Some Manifestations of Mental Disorders


1. Disorders of Cognition (Knowing)
a. Illusion
b. Hallucination
2. Disorders of Memory
a. Dementia
3. Disorders in the Content of Thought
A. Delusion
a. Delusion of grandeur
b. Delusion of persecution
c. Delusion of reference
d. Delusion of Self – Accusation
e. Delusion of infidelity
f. Nihilistic delusion
g. Delusion of poverty
h. Delusion of control
i. Delusion of depression
B. Obsession
4. Disorders in the trend of thought
Types a. Mania
b. Melancholia
5. Disorders of Emotions or Feelings – a disorder in the state
of mind, fervor, or sensibility, not in accord with reality.
6. Disorders of volition or conation (doing)

Conation - the mental faculty of purpose, desire, or will


to perform an action; volition.

Kinds of Conation
A. Impulsion or Impulse (Compulsion) – a sudden and
irresistible force compelling a person to the conscious
performance of some action without motive or forethought.

Types of Compulsion
a. Pyromania - from the Greek word "pyr" - fire, is an
impulse control disorder in which individuals
repeatedly fail to resist impulses to deliberately
start fires in order to relieve tension or for
instant gratification.
b. Kleptomania - is the inability to refrain from the
urge to steal items and is done for reasons other
than personal use or financial gain.
c. Dipsomania - an uncontrollable craving for alcoholic
liquors.
d. Homicidal impulse - occurs when one person kills
another suddenly and without premeditation or
planning.
e. Sex impulse - a sudden strong and unreflective urge
or desire to have sex..
f. Suicidal impulse - recurring thoughts of or
preoccupation with suicide.

Mortal Wound - capable of causing death.

Muscular System - is an organ system consisting of skeletal, smooth


and cardiac muscles. It permits movement of the body, maintains
posture, and circulates blood throughout the body.

Mutilation - or maiming is an act of physical injury that degrades


the appearance or function of any living body.

Nervous System - consists of the brain, spinal cord, sensory organs,


and all of the nerves that connect these organs with the rest of the
body.

Obstetrics - branch of medicine that deals with pregnancy, childbirth, and the
postpartum period, including care of the newborn.
Paraffin test or Dermal Nitrate test – present on the skin of the hand or site of the
wound of entrance. This test is not conclusive because of fertilizers, cosmetics,
cigarettes, urine and other nitrogenous compounds with nitrates will give a positive
reaction. A negative test is also not conclusive. The test usually gives a positive
result even after a lapse of 3days or even if the hands are subjected to ordinary
washing.

Pathology - the science of the causes and effects of diseases, especially the branch
of medicine that deals with the laboratory examination of samples of body tissue for
diagnostic or forensic purposes.

Paulus Zacchias - (1584–1659) is the Father of Forensic Medicine.

Petechiae – a circumscribe extravasation of blood in the subcutaneous tissue.

Physical Injury - is the effect of some stimulus on the body.

Physical injuries - include those caused by mechanical trauma, heat and cold,
electrical discharges, changes in pressure, and radiation.

- Mechanical trauma is an injury to any portion of the body from a blow, crush, cut, or
penetrating the wound.

Physics - The subject matter of physics includes mechanics, heat, light and other
radiation, sound, electricity, magnetism, and the structure of atoms.

Physiology - the branch of biology that deals with the normal functions of living
organisms and their parts.

Post-Mortem - (meaning after death) internal examination of the dead to determine


the cause of death.

- Ante-Mortem - before death.

Post-Mortem Caloricity - is the rise of temperature of the body after death due to
rapid and early putrefactive changes, usually in the first two hours.

Post Mortem Lividity - it occurs in most extensive areas of the most dependent
portions of the body.

Puncture Wound - is usually caused by a sharp pointy object such as a nail, animal
teeth, or a tack. This type of wound usually does not bleed excessively and can
appear to close up.

Putrefaction - or decomposition is the final stage following death, produced mainly by


the action of bacterial enzymes, mostly anaerobic organisms derived from the vowel.
Other enzymes are derived from fungi and sometimes from insects.

- Kinds of Putrefaction:
1. Mummification - is the preservation of a body.
2. Saponification – also called Adipocere Formation.
3. Maceration - Softening of the tissues after death by autolysis.
Reproductive System - or genital system is a system of sex organs within an
organism that works together for the purpose of sexual reproduction. Many non-
living substances such as fluids, hormones, and pheromones are also important
accessories to the reproductive system.

Respiratory System - (or ventilatory system) is a biological system consisting of


specific organs and structures used for the process of respiration in an organism.
The respiratory system is involved
in the intake and exchange of oxygen and carbon dioxide between an organism and
the environment.

Scald - is a type of burn injury caused by hot liquids or gases.

Sex Crimes - generally involve illegal or coerced sexual conduct by one person
towards another.

- Chaste – An unmarried woman who has had no carnal knowledge with men or that
she never voluntarily had unlawful sexual intercourse. These also denote the purity
of mind and innocence of heart.

Shrapnel - fragments of a bomb, shell, or other object is thrown out by an explosion.

Skeletal System - gives the body its basic framework, providing structure, protection,
and movement.

Subpoena - order issued by the court to a person to appear in court.

Subpoena ad Testificandum´- is a court summons to appear and give oral testimony


for use at a hearing or trial.

Surgery - is an ancient medical specialty that uses operative manual and


instrumental techniques on a patient to investigate and/or treat a pathological
condition such as disease or injury, to help improve
bodily function or appearance or to repair unwanted ruptured areas.

Topinard and Rolet - two French anatomist who devised a formula for the
determination of the height for male and female.

Toxicology - the branch of science concerned with the nature, effects, and detection
of poisons.

Trauma - injury, a physical wound to the body caused by an external source.

Virgin – A woman who has had no carnal knowledge of man. Her genital organs
have not been altered by carnal connection.

Virginity - A condition of a female who has not experience sexual intercourse and
whose genital organs have not been altered by carnal connection and whose hymen
is still intact.
- Kinds of Virginity
1. Moral virginity – the state of not knowing the nature of sexual life and not having
experience sexual relations.
2. Physical Virginity – A condition whereby a woman is conscious of the nature of
sexual life but has not experienced sexual intercourse.
3. Demi–virginity – This term refers to a condition of a woman who permits any form
of sexual liberties as long as they abstain from rupturing the hymen by the sexual
act. The woman allows sexual intercourse, but only inter femora or even inter labia,
but not to the extent of rupturing the hymen.
4. Virgo intacta – A truly virgin woman. There is no structural change in her organ,
notwithstanding the fact of previous sexual intercourse.

- Carnal Knowledge - is the act of a man in having a sexual bodily connection with a
woman. There is carnal knowledge if there is the slightest penetration in the sexual
organ of the female by the sexual organ of the male.

Virtuous Female - If her body is pure and if she has never had any sexual
intercourse with another through her mind and heart is impure.

Vital Reaction - the response of living body tissues to injury.

Wound - in legal medicine, it means strictly a solution of continuity. An injury to living


tissue caused by a cut, blow, or other impacts, typically one in which the skin is cut
or broken.

- Open Wound - there is a break in the continuity of the skin.


1. Abrasion - a wound consisting of superficial damage to the skin. Scratch, friction
mark.
2. Bruise - is a common skin injury that results from the breakage of tiny blood
vessels leaking under the skin. Blood from damaged blood vessels beneath the skin
collects near the surface of the skin to appear as what we recognize as a black and
blue mark. Cause by a blunt injury to the tissues which damage blood vessels
beneath the surface, allowing blood to extravasate or leak into the surrounding
tissues.
3. Incised Wound - caused by a clean, sharp-edged object such as a knife, razor, or
glass splinter.
4. Stab Wound - is a specific form of penetrating trauma to the skin that results from
a knife or a similar pointed object that is "deeper than it is wide".
5. Punctured Wound - is a deep wound caused by something sharp and pointed, like
a nail. The opening on the skin is small, and the puncture wound may not bleed
much. Puncture wounds can easily become infected.
6. Perforating Wound - a wound with an entrance and exit opening.
7. Lacerated Wound - that occurs when skin, tissue, and/or muscle is torn or cut
open. Lacerations may be deep or shallow, long or short, and wide or narrow. Most
lacerations are the result of the skin hitting an object, or an object hitting the skin
with force.
8. Bite - is a wound received from the teeth of an animal, including humans.
9. Gunshot Wound (GSW) - (Ballistic Trauma) is a form of physical trauma
sustained from the discharge of arms or munitions.

- Barotrauma - wound/injury caused by a change in atmospheric pressure.

- Defense Wound - or self-defense wound is an injury received by the victim of an


attack while trying to defend against the assailant. often found on the hands and
forearms, where the victim has raised them to protect the head and face or to fend
off an assault, but may also be present on the feet and legs where a victim attempts
defense while lying down and kicking out at the assailant.

Forensic Medicine Definition of Terms

Aedeagus - the reproductive organ of a male insect.

Agnosia - impairment or loss associated with brain injury of the ability to recognized
or comprehend the meaning of stimuli including familiar objects and and symbols.

Airways - any part of the respiratory tract thought which air passes during breathing.

Alveolar ducts - the smallest of the lungs airways that connect terminal bronchioles
and alveolar sacs, sometimes called bronchioles.

Alveoli - microscopic air sacs in which gas exchange between the blood and the
lungs occur.

Amnesia - partial or total loss of memory for past experiences.

Anarthria - loss of the ability to form words accurately caused by brain lesion or
damage to peripheral nerves that carry impulses to the articulatory muscles.

Anemia - any condition in which the number of red blood cells, the amount of
hemoglobin, and the volume of packed red blood cells per 100 ml of blood are less
that normal.It may result from increased destruction of red blood cells, excessive
blood loss or decreased production of red cells.

Aplastic anemia - anemia caused by aplasia of bone marrow or its


destruction by chemical agents or physical factors.

Auto immune hemolytic - acquired disorder characterized by


premature erythrocyte destruction owing to abnormalities in the
individuals own immune system.

Hemolytic - anemia caused by hemolysis of red blood cells resulting


in reduction of normal red cell life span.

Iron-deficiency anemia - anemia resulting from a demand on


stored iron greater than can be met.

Megaloblastic anemia - anemia in which megaloblasts are found


in the blood, usually due to a deficiency of folic acid or vitamin B12.

Microangiopathic hymolytic - a hemolytic process associated


with thrombotic thrombotic purpura, prosthetic heart valve, and
burns. It is visualized in the peripheral blood smear by fragmentation
of the red cells and other bizarre morphology.

Pernicious - a type of megaloblastic anemia due to a deficiency of


vitamin B12, directly linked to absence of intrinsic factor.
Sickle-cell - hereditary chronic anemia in which abnormal sickle or
crescent shaped erythrocytes are present.It is due to the presence
of hemoglobin S in the red blood cells.

Antibody - a protein produced for body defense in response to an antigen.An


antibody is a substance that appears in the plasma or body fluids as a result of
stimulation by an antigen and will react specifically with that antigen in some
observable way.

Anticoagulant - a substance such as EDTA that prevent coagulation or clotting of the


blood.

Antigen - a foreign substance, usually a protein, capable of stimulating an antibody


response for body defense.Any substance that when introduced parenterally into an
individual lacking lacking the substance,stimulates the production of an antibody that
when mixed with the antibody react with it in some observable way.

Aplasia - failure of an organ or tissue to develop normally.

Asphyxia - lack of oxygen or excess of carbon dioxide in the body.Asphyxia may


lead to unconsciousness, seizures, damage to various sensory systems and death.

Asthma - a chronic condition in which constriction (spasm) of the bronchial tubes


occurs in response to irritation, allergy, or other stimuli.

Atherosclerosis - deposition of plaques of cholesterol esters in blood vessels,


resulting in the narrowing of the vessel lumen and restricting blood flow.

Atrophy - a loss of function due to age, disuse, or disease.

Autism - mental introversion in which thinking is governed by personal needs and the
world is perceived in terms of wishes rather than reality.Extreme preoccupations with
one's own thoughts and fantasies.

Autopsy - a physical examination of the corpse through dissection to determine


cause of death (also necropsy and postmortem).
Bestiality - is a sexual intercourse by a human being with a lower animal.

Biopsy - a small piece of tissue excised for the purpose of analysis.

Bite mark - a circular or oval patterned injury consisting of two opposing


symmetrical.U-shaped arches separated at their bases by open spaces.Following
the periphery of the arches are a series of individual abrasions, contusions, or
lacerations reflecting the size, shape, arrangement, and distribution of the class
characteristics of the contacting surfaces of the human dentition.

Bloat - the transient phase in corpse decomposition that follows the fresh phase and
is characterized by excessive swelling, produced by gases trapped internally.

Blood group - an immunologically distinct, genetically determined class of human


erythrocyte antigens, identified as A, B, AB, and O.A classification of red blood cell
surface antigens, ABO is the best known of the blood group systems.
Blood type - a way of saying which blood group antigens are present on the persons
red cells.

Bloodborne pathogen - infectious, disease causing microorganism that maybe found


or transported in biological fluids.

Bloodstain - liquid blood that has dried once it has come in contact with a surface.

Body bag - a heavy waterproof bag usually closed with a zipper and used to
transport a corpse.

Body dump site - the location where an offender disposes of the murder victim's
body.

Bondage - the combining of sadism and masochism.

Bronchi - (singular-bronchus) large divisions of the trachea that convey air to and
from the lungs.

Bronchiole - a small diameter airway branching from a bronchus.

Bronchitis - inflammation of the mucus membrane of the bronchial tubes, usually


associated with a persistent cough and sputum production.

Bronchospasm - contraction of the smooth muscle of the bronchi causing the


narrowing of the bronchi.This narrowing increases the resistance or airflow into the
lungs and may cause a shortness of breath typically associated with wheezing.

Buccal coitus - (coitus per os or sin of Gomorrah) the male organ is introduced into
mouth, usually of a young child.
Cadaver dog - canines specially trained to find human decomposition scent and and
alert their handlers to its location.

Cadaverine - malodorous chemical compound produced during decomposition.

Cause of death - an injury or disease that ultimately lead to death of the individual,
generally determined by medical examiner or coroner (pathologists).

Carrion - decaying animal flesh.

Cephalothorax - the anterior body region in some arthropods consisting of the fused
head and thorax.

Cerebellum - the large brain mass located at the posterior base of the brain,
responsible for balance and coordination of movement.

Cerebral contusion - bruising of brain tissue marked by swelling and hemorrhage


and resulting in loss of consciousness.

Cerebral edema - swelling of the brain caused by excessive buildup of fluid in the
tissue.
Cerebral infarctions - is an ischemic stroke resulting from a disturbance in the blood
vessels supplying blood to the brain.

Cerebrum - the largest portion of the brain, include the cerebral hemispheres
(cerebral cortex and basal ganglia)

Chronic - persistent, prolonged, repeated.

Cirrhosis - a chronic disease of the liver marked by degeneration of cells,


inflammation, and fibrous thickening of the tissue, can be cause =d by long term
alcoholism, viral infections, and metabolic disease.

Clitoris - erectile tissue in female analogous to male penis, located above the urethra
and covered by the clitoral hood.

Clot - a thick mass of coagulated liquid, ex. blood.A blood clot is formed by a
complex mechanism involving plasma protein, fibrinogens, platelets, and other
clotting factors.

Coagulation - the process of stopping blood flow from a wound or by which blood
forms clot.

Coagulophaty - a disease affecting the blood clotting process.

Code of Hammurabi - is the oldest known medico legal code.

Coma - state of profound unconsciousness from which the patient can not be
aroused.

Concussion - sudden shock to or jarring of the brain which may or may not cause a
loss of consciousness.

Conjunctiva - the delicate mucous membrane that covers the exposed surface of the
eyeball and lines of the eyelids.

Contact wound - a wound that results when a small weapon is fired in contact with
the skin.May divided into tight or loose contact wounds based on the amount of
pressure used against the skin.

Contusion - a bruise that is either superficial or internal.An injury cause by blunt


object impact without laceration with surface discoloration due to subsurface
hemorrhaging.An injury to subsurface tissue caused by a blow from a blunt
instrument that does not break the skin.

Convulsion - is a medical condition where the body muscle contract and relax rapidly
and repeatedly, resulting in an uncontrolled shaking of the body.

Cornea - the transparent membrane that cover the colored part of the eye.

Coronary artery - an artery supplying blood to the heart.

Coroner - (medical examiner) (pathologists) an officer responsible for determining


the manner and cause of death.
Corpse - a dead human body, also called cadaver.

Cunnilingus - is the oral stimulation of the female genitalia.


Death - the loss of life characterized by clinically by combined failure of respiratory,
cardiovascular, and nervous system activity.

Decomposition - post mortem degenerative rotting of the corpse.Chemical


breakdown, separating compounds into their component parts, includes breakdown
pf proteins by putrefaction, of carbohydrates by fermentation, and of fats by
rancidification.

Decubitus - may be seen as a bedsore that can produce an ulcer in the body caused
by lying long in one position, this pressure necrosis can be found on elderly patients.

Defense wounds - stab or incised wounds to the hands, wrists, forearms, and arms
that may contain embedded fragments of the weapon.

Delirium - extreme mental excitement marked by defective perception, impaired


memory, and rapid succession of confused and unconnected ideas, often with
illusions and hallucinations.

Delusion - firm belief opposed to reality but maintained in spite of srong evidence to
the contrary.

Diatoms - are microscopic, unicellular, silica coated algae.Presence of diatoms in


tissue is a sign of ante-Morten drowning.Diatoms are examined by acid digestion
technique.

Dipsomania - an irresistible desire for alcoholic drinks at periodic intervals.

Durham rule - an accused person is nor criminally responsible if his unlawful act is
the product of mental disease or mental defect.
Ecchymosis - is the medical term for a subcutaneous purpura larger than 1
centimeter or a hematoma, commonly called a bruise.

Eclampsia - an acute disorder of pregnant and puerperal women, associated with


convulsions and coma.

Embolism - obstruction of a blood vessel by foreign substances or by a blood clot.

Endemic - a disease that occurs continuously in a particular population but has a low
mortality rate such as measles.

Endocarditis - inflammation of the lining membrane of the heart.Maybe due to


invasion of microorganisms or an abnormal immunologic reaction.

Epidural hemorrhage - bleeding in the space between the dura matter and skull or
wall of the vertebral canal around the spinal cord.

Epistaxis - hemorrhage from the nose, nosebleed.

Erythrocytes - red blood cells.A type of blood cell that contain a nucleus in all
vertebrates but man and that has hemoglobin in the cytoplasm.

Erythroderma - intense, widespread reddening of the skin.

Esophagus - the portion of the digestive canal extending from the throat to the
stomach, also referred to as gullet.

Eunuchs - male prostitutes.

Euthanasia - (mercy killing) it means producing painless death of a person suffering


from hopelessly incurable and painful disease.

Exoskeleton - a skeleton on the outside of the body whose inner walls serves as a
point for the attachment of muscles.
Feces - animal solid waste material discharged from the rectum through the
anus.End product of digestion after absorption of nutrients and re-absorption of
water.

Felacio - is the oral stimulation or manipulation of the penis either by the female or
male.

Fetichism - sexual satisfaction by contact with articles of opposite sex.

Forensic medicine - is the application of medical knowledge in the administration of


law and justice.

Forensic taphonomy - the study of post-mortem processes affecting human remains


for the purposes of interpreting forensic data.

Fortunato Fedele - an Italian physician who in 1602 published the first book on
forensic medicine.

Frigidity - is the inability to start or to maintain the sexual arousal pattern in the
female.

Frotteurism - contact with other persons to obtain sexual gratification.


Gangrene - death of tissue due to lack of blood supply.

Gastritis - inflammation of the stomach, characterized by epigastric pain or


tenderness, nausea, vomiting, and systemic electrolyte changes if vomiting persists.

Glaucoma - a disease of the eye characterized by abnormal and damaging high


pressure in the eye, usually due to a blockage of the channel that normally allows
the outflow of fluid from the eye.
Hematology - branch of biology that deals with blood and blood forming organs.

Hematoma - accumulation of blood in the tissue due to internal hemorrhaging.A


tumor of blood caused by leakage from damage blood vessels, it contains enough
blood to form a blood-filled space.

Hemolysis - destruction or dissolution of red blood cells in such a manner that


hemoglobin is liberated into the medium in which the cells are suspended.
Hemolytic anemia - Any anemia resulting from destruction of red blood cells.

Hemophilia A hereditary blood disease characterized by impaired coagulability of the


blood and a strong tendency to bleed.

Hemoptysis - Coughing and spitting of blood as a result of bleeding from any part of
the respiratory tract.

Hemorrhage - Escape of whole blood from a blood vessel. Abnormal internal or


external bleeding. May be venous, arterial, or capillary from blood vessels into the
tissues, or into or from the body.

Herniation - Rupture of tissue into an adjacent space due to internal pressure or


swelling.

Hijrahs - castrated eunuchs.

Homosexuality - means persistent emotional and physical attraction to members of


same sex.

Hymen - Thin membrane, in females, that separates the external genitalia from the
vagina. The outer surface is a dry, squamous epithelium, and the inner surface is a
moist mucous membrane.

Hypothermia - Having a body temperature below normal.

Hypovolemia - Diminished blood volume.

Hypoxia - Condition in which below-normal levels of oxygen are present in the air,
blood, or body tissues, short of anoxia.
Impetigo - Highly contagious, rapidly spreading skin disorder caused by
staphylococcus or streptococcus and characterized by red blisters. Impetigo
sometimes occurs as a result of poor hygiene.

Inbreeding - Reproduction between related individuals.

Incised wound - Injury produced by a sharp instrument and characterized by lack of


surface abrasion and absence of bridging vessels, nerves, and smooth margins.

Incision - A wound produced by a sharp-edged instrument or object.

Ischemia - Obstruction of blood flow (usually by arterial narrowing) that causes lack
of oxygen and other bloodborne nutrients.

Ischemia necrosis - Death of cells as a result of decreased blood flow to affected


tissues.

Invertebrate - Any species of animal lacking a back bone.

Impotence - is the inability of a person to perform sexual intercourse.


Jaundice - yellowing of the skin and whites of the eyes due to an accumulation of
bile pigments (e.g., bilirubin) in the circulating blood. Another cause is liver damage
caused by hepatitis.
Kleptomania - an irresistible desire to steal articles of little value.
Labia majora - Outer lips to the vagina that are covered by pubic hair after menarche
(onset of menstruation).

Laceration - A wound produced by a tear in the skin due to application of blunt force
in crushing or shearing.

Livor mortis - A coloration of the skin of the lower parts of a corpse caused by the
settling of the red blood cells as the blood ceases to circulate.

Lymphocyte - A general class of white blood cells that are important components of
the immune system of vertebrate animals.
Maggot - The larva of a higher fly. It sheds its skin twice and has three growth instars
prior to pupariation. A legless larva without a well-developed head capsule.

Mandible - A mouth organ of invertebrates (especially in the arthropods and insects)


used for seizing, biting, and manipulating food. With vertebrate organisms, it is
recognized as the lower jaw.

Manner of death - A typology of deaths according to whether they are due to


homicide, suicide, accident, or natural causes. Death occurs in one of four manners:
natural, if caused solely by disease; accidental, if it occurs without apparent intent;
suicidal, if caused by the deceased; and homicidal, if someone other than the
deceased caused it.

Malingering - (shamming) means conscious, planned feigning or pretending a


disease for the

Masochism - opposite of sadism, derived from the name of Leopold Von Sacher-
Masoch, an Austrian novelist, being whipped by his wife used to be a stimulant for
his literary work.

Medical jurisprudence - deals with the legal rights, privileges, duties and obligations
of medical practitioner.

Meningitis - Brain infection involving an acute inflammation of the membranes that


cover the brain and spinal cord, characterized by drowsiness, confusion, irritability,
and sensory impairments.

Mite - Any arthropod in the order Acari. These are very small to minute animals
having four pairs of legs in the adult stage, but only three pairs in the larva. All mites
have chelicerated mouth parts and lack mandibles.

Mummification - The drying, shrinking, and hardening of dead flesh due to extreme
dehydration.

Mutilomania - an irresistible desire to mutilate animals.

Myiasis - The invasion of any living vertebrate animal, including people, by fly larvae,
especially maggots. The description may be further refined to indicate location
affected (e.g., nasal myiasis, rectal myiasis) or the predisposing cause (e.g.,
traumatic myiasis in a suppurating wound). Myiasis may be classified as either
primary or secondary (facultative).
Myocardial ischemia - Insufficient oxygen supplies to meet the metabolic demands of
heart muscles.

Myocarditis - Inflammation of the muscles of the heart.

Myoclonus - Involuntary spasm or twitching of a muscle or group of muscles.

Myoglobin - The oxygen-transporting, pigmented protein of muscle resembles blood


hemoglobin in function.

Myotomy - Cutting of muscle; in forensic odontology, cutting facial muscles to


release postmortem rigor mortis.
Necrophagia - necros - corpse, phagia - to eat.

Necrophilia - sexual intercourse with dead body.

Necrophilous - Having a dietary fondness for dead flesh.

Necrosis - Death of one or more cells or a portion of a tissue or organ.

Neoplasm - A new and abnormal formation of tissue such as a tumor or growth.

Neuropathy - A disorder of the nervous system; in contemporary usage, a disease


involving the cranial or spinal nerves.

Neuroses - the patient suffer from emotional or intellectual disorder but does not loss
touch with reality.
Osteoarthritis - deterioration in joint integrity connected with use-wear exacerbated
by inflammation and related to reduction in bone density.

Osteomyelitis - Inflammation of the bone especially the marrow caused by a


pathogenic organism.

Osteoporosis - Increased porosity of the bone, seen most often in the elderly.
Paedophile - (pedophile) is an adult who repeatedly engages in sexual activities with
children below the age of puberty.

Paraphilias - abnormal and unorthodox sex play using unusual objects or parts of the
body.

Perimortem - At or near the time of death.

Petechiae - Pinhead-sized (red) dots which are minute hemorrhages found inside
the eyelids and the facial skin; considered by pathologists to be a sign of
strangulation.

Phobia - it is an excessive or irrational fear of a particular object or situation.

Plasma - The liquid portion of whole blood containing water, electrolytes, glucose,
fats, proteins, and gases. Contains all the clotting factors necessary for coagulation
but in an inactive form. Once coagulation occurs, the fluid is converted to serum.
Pneumonitis - Inflammation of the lungs.

Postmortem - After death, occurring after death, or pertaining to a postmortem


examination, an autopsy.

Postmortem - artifact Alteration to the body that occurs after death that is not related
to antemortem injury.

Postmortem interval - The period of time between death and corpse discovery.

Priapism - painful penile erection in absence of sexual desire.

Pseudo-malingering - A phenomenon whereby a mentally ill individual feigns the


mental illness he or she actually has. The behavior is considered a temporary ego-
supportive device that allows the individual to feel he or she has control over the
illness.

Psychological autopsy - An attempt to determine the mode of death (whether an


accident, suicide, homicide, or natural causes) by an examination of what was
known about the deceased.

Psychopath - a person who is neither insane nor mentally defective but fails to
conform to normal standards of behavior.

Psychoses - they are characterized by withdrawal from reality, living in a world of


fantasy.

Pulmonary edema - Accumulation of extra vascular fluid in the lungs that impairs gas
exchange; usually due to either increased intravascular pressure or increased
permeability of the pulmonary capillaries.

Putrifaction - The foul-smelling, anaerobic decomposition of moist or wet organic


matter by microorganisms. The breakdown of tissues, particularly proteins, due to
enzyme action.

Pyromania - sexual stimulation while seeing flames or destruction of buildings.


Rigor mortis - The stiffness of the body after death that helps in reconstructing the
time at which death occurred. The progressive rigidity of a corpse following death,
caused by an accumulation of lactic acid in dying muscle tissues. This is a temporary
condition lasting 12 to 36 h.
Sadism - sexual gratification is obtained or increased from acts of physical cruelty or
causing of pain upon one's partner.The term is derived from the name of a French
nobleman Marquis de Sade, infamous for his crimes and writings.Many of his stories
were about sexuality, cruelty, and torture.

Saponification - The conversion of corpse body fat into a curdlike foul-smelling


product called adipocere

Saprophagous - Feeding on dead or decaying plant or animal material, such as


carrion, corpses, dung, or rotting wood.

Satyriasis - incessant sexual desire.


Scoliosis - A lateral curvature of the spine.

Scurvy - A deficiency disease characterized by hemorrhagic manifestations and


abnormal formation of bones and teeth.

Sepsis - Pathologic state, usually febrile, resulting from the presence of


microorganisms or their poisonous products in the bloodstream.

Septicemia - Bacteria in the blood system with signs and symptoms of disease.

Sexual oralism - it is the obtaining of sexual pleasure from the application of the
mouth to the sexual organs.

Sodomy - is anal intercourse between two males or between a male and female.It is
also called buggery.It is also called gerontophilia when the active agent is an adult
and paederasty, wen the passive agent is a young boy who is known as catamite.
Tachycardia - Rapid heartbeat (typically greater than 100 beats per minute).

Tachypnea - Rapid breathing.

Tattooing - A characteristic pattern in the skin caused by particles of


unburned and partially burned powder from a shotgun blast at very close range.Also
may be called stippling.

Tetany - Condition marked by involuntary muscle contractions or spasms.

Trauma - An injury that is the result of any force such as blunt, sharp, or penetrating.

Transvestism - trans - opposite, vesta - clothing of eonism.The term is derived from


the name of Chevelier d'Eon Beamont, a Frenchman.It is usually found in the males
who derived sexual pleasure by wearing female dress.

Tribadism - female homosexuality.Sexual gratification of a woman is obtained by


another woman by simple lip kissing,generalized body contact, deep kissing, manual
manipulation of breast and genitalia, genital apposition, friction of external genital
organs, etc.In some case, artificial penis or phallus may be used.

Throttling - is manual strangulation.


Undinism - sexual pleasure by witnessing the act of urination.
Vasodilation - Increased diameter of the blood vessels.

Voyeurism - (scoptophilia) peeping tom, sexual enjoyment by watching.


Wheezing - Breathing noisily and with difficulty; usually a sign of spasm or narrowing
of the airways.
Zenana - eunuch with intact genitalia.
Criminal law RPC (Book 1)
Criminal Law 1
Revised Penal Code Book I
Criminal Law - a branch of municipal law which defines
crimes,treats of their nature and provides for their punishment.

Characteristics of Criminal Law


1. Generality
2. Territorial
3. Prospective

General - binding on all persons who reside or sojourn in the


Philippines.
Exceptions:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples: a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister
resident and charges d' affaires.

 But consuls, vice-consuls and other foreign commercial


representatives can not claim the privileges and immunities
accorded to ambassadors and ministers

Territorial - penal laws of the Philippines are enforceable only within


its territory.
Exceptions: Article 2 of the RPC - binding even on crimes committed
outside of the Philippines.
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the
Philippines or the obligations and securities issued by
the government.
3. Introduction into the country of the above mentioned obligations
and securities.
4. While being public officers and employees,an offense is committed
in the exercise of their functions.
5. Crimes against national security and the law of the nations defined
in title I of Book II.

Prospective - the law does not have retroactive effect.


Exceptions: When the law is favorable to the accused.
Exception to the exception:
1. The new law is expressly made inapplicable to pending actions or
existing causes of action
2. Offender is a habitual criminal.

Theories of Criminal Law


1. Classical Theory - basis is man's free will to choose between good
and evil, that is why more stress is placed upon
the result of the felonious act than upon the criminal himself. The
purpose of penalty is retribution .The RPC is
generally governed by this theory.
2. Positivist Theory - basis is the sum of social and economic
phenomena which conditions man to do wrong in spite
of or contrary to his volition.This is exemplified in the provisions
on impossible crimes and habitual delinquency.
3. Mixed theory - combination of the classical and positivist theories
wherein crimes that are economic and social in
nature should be dealt in a positive manner.The law is thus more
compassionate.

Construction of Penal Laws


1. Liberally construed in favor of offender
Example: a. The offender must clearly fall within the terms of the
law.
b. An act is criminal only when made so by the statute
2. In cases of conflict with official translation,original Spanish text is
controlling.
3. No interpretation by analogy.

Limitations on power of congress to enact penal laws


1. Ex post facto law
2. Bill of attainder
3. Law that violates the equal protection clause of the constitution.
4. Law which imposes cruel and unusual punishment nor excessive
fines.

Art. 1 Time When Act Takes effect - RPC took effect Feb. 1,1932.

Art. 2 Application of its provisions.


Rules:
1. Philippine vessel or airship - Philippine laws shall apply to offenses
committed in vessels registered with the
Philippine Bureau of Customs.It is the registration not citizenship
of the owner which matters.
2. Foreign vessel
a. French rule - General Rule - Crimes committed aboard a foreign
vessel within the territorial waters of a country
are not triable in the courts of such country.
Exception: Commission affects the peace and security of the
territory or the safety of the state is endangered
b. English Rule - General Rule - Crimes committed aboard a
foreign vessel within the territorial waters of a
country are triable in the courts of such country.
Exceptions: When the crime merely affects things within the
vessel or it refers to the internal management
thereof.This is applicable in the Philippines.

Title 1
Felonies and Circumstances which Affect Criminal Liability
Chapter One:Felonies

Art. 3 Definitions

Felonies - Acts and omissions punishable by the RPC.


Crime - Acts and omissions punishable by any law.
Act - An overt or external act.
Omission - Failure to perform a duty required by law.

Elements:Felonies
1. There must be an act or omission
2. This must be punishable by the RPC
3. Act or omission was done by means of dolo or culpa

Nullum Crimen,Nulla Poena Sine Lege - There is no crime when


there is no law punishing it.

Classification of Felonies According to the means by which they


are committed:
1. Intentional felonies - by means of deceit (dolo)
Requisites:
a. Freedom
b. Intelligence
c. Intent
Mistake of fact - misapprehension of fact on the part of the person
who caused injury to another.He is not
criminally liable.
Requisites:
a. The act done would have been lawful had the facts been as the
accused believe them to be
b. Intention is lawful.
c. Mistake must be without fault or carelessness by the accused.

2. Culpable felonies - by means of fault (culpa).


Requisites:
a. Freedom
b. Intelligence
c. Negligence (lack of foresight) and imprudence (lack of skill).

Mala In Se Mala Prohibita


1. Moral trait of offender Considered Not considered
2. Good faith as a defense Valid defense unless the Not a defense.Intent not
crime is the result of culpa. necessary.Sufficient that the
offender has the intent to
perpetrate the act prohibited by
the special law.
3. Degree of accomplishment Taken into account Taken into account only when
of the crime consummated.
4. Mitigating and aggravating Taken into account in Generally not taken into account.
circumstance imposing
5. Degree of participation penalty Generally not taken into account.
When there is more than one
offender, it is taken into
6. Laws violated consideration General rule: Special penal laws
General rule: RPC

Intent Motive
1. Purpose to use a particular means to effect a result 1. Moving power which impels one to act.
2. Element of crime except in crimes committed with 2. Not an element.
culpa.
3. Essential in intentional felonies. 3. Essential only when the identity of the felo
doubt.

Art. 4 Criminal Liability


Paragraph 1 - Criminal liability for a felony committed different from that intended
to be committed.
Requisites:
1. Felony has been committed intentionally.
2. Injury or damage done to the other party is the direct,natural and logical consequences
of the felony.
Hence,since he is still motivated by criminal intent,the offender is criminally liable in:
a. Error in personae - mistake in identity
b. Abberatio ictus - mistake in blow
c. Praetor intentionem - lack of intent to commit so grave a wrong.

Proximate cause - the cause,which in the natural and continuous sequence unbroken by
any efficient intervening cause produces the injury without which the result would not
have occurred.

Paragraph 2 - Impossible crime


Requisites;
1. Act would have been an offense against persons or property.
2. There was a criminal intent.
3. Accomplishment is inherently impossible or inadequate or ineffectual means are
employed.
4. Act is not an actual violation of another provision of the RPC or of special law.

Impossible crime occurs when there is


1. Inherent impossibility to commit the crime
2. Inadequate means to consummate the crime.
3. Ineffectual means to consummate the crime.

Art. 5 Duty of the court in connection with acts which should be repressed but
which are not
covered by the law and in cases of excessive penalties.

Article 5 covers two situations:


1. The court cannot convict the accused because the acts do not constitute a crime.
a. The proper judgment is acquittal.
b. The court is mandated to report to the Chief Executive that said act be made
subject of penal legislation and
why.
2. Where the court finds the penalty prescribed for the crime too harsh considering the
conditions surrounding the
commission of the crime,
a. the judge should impose the law.
b. The most that he could do is recommend to the Chief Executive to grant executive
clemency.

Art. 6 Consummated,Frustrated, and Attempted Felonies


Stages of Execution
1. Consummated - when ll the elements necessary for its execution and accomplishment
are present.
2. frustrated - Elements
a. Offender performs all the acts of execution.
b. All these acts would produce the felony as a consequence.
c. But the felony is not produced.
d. By reason of causes independent of the will of the perpetrator.
3. Attempted - Elements
a. Offender commences the felony directly by overt acts.
b. Does not perform all acts which would produce the felony.
C. His acts are not stopped by is own spontaneous desistance.

Attempted Frustrated Consummated


1. Overt acts of execution are 1. All acts of execution are 1. all acts of execution are
started. present. present.
2. Not all acts of execution are 2. Crime sought to be committed 2. The result sought is
present is not achieved achieved.
3. Due to reasons other than the 3. Due to intervening causes
spontaneous desistance of the independent of the will of the
perpetrator. perpetrator.

Crimes which do not admit of frustrated and attempted stages.


1. Offenses punishable by special penal laws unless the law provides otherwise.
2. Formal crimes - consummated in one instance example.slander,adultery etc.
3. Impossible crimes
4. Crimes consummated by mere attempt examples.attempt to flee to an enemy
country,treason,etc.
5. felonies by omission
6. Crimes committed by mere agreement example.corruption of public officers,betting in
sports such as 'ending"

Crimes which do not admit of frustrated stage


1.Rape
2. Bribery
3. Corruption of public officers
4. Adultery
5. Physical injury

2 Stages in the Development of a Crime


1. Internal acts - ex. mere ideas of the mind - not punishable.
2. external acts -
a. Preparatory acts - ordinarily not punishable except when considered by law as
independent crimes. ex.
possession of picklocks and similar tools.
b. Acts of execution - punishable under the RPC.

Art. 7 When Light Felonies are Punishable


General rule: Punishable only when they have been consummated.
Exception : Even if not consummated if committed against persons or property.
Examples: slight physical injuries,theft,malicious mischief,intriguing against
honor,alteration of boundary marks.
Note: Only principals and accomplices are liable,accessories are not liable even if
committed against persons or property.

Art. 8 Conspiracy and Proposal to Commit Felony


Conspiracy - Requisites
1. Two or more persons come to an agreement
2. For the commission of a felony
3. They decide to commit it

Concepts of conspiracy
1. As a crime itself - ex. conspiracy to commit
rebellion,insurrection,treason,sedition,coup d' etat
2. Merely as means to commit a crime - Requisites
a. A prior and express agreement
b. Participants acted in concert or simultaneously,which is indicative of a meeting of
the minds towards a common
criminal objective.
Note: Conspiracy to commit a felony is different from conspiracy as a manner of
incurring criminal liability.

General rule: Conspiracy to commit a felony is not punishable since it is merely a


preparatory act.
Exception: When the law specifically provides for a
penalty.Example,rebellion,insurrection,sedition,coup d' etat.

General rule: The act of one is the act of all.


Exception: Unless one or some of the conspirators committed some other crime which is
not part of the intended crime.
Exception to the exception: When the act constitutes an indivisible offense.

Overt Acts In Conspiracy Must Consists Of:


1. Active participation in the actual commission of the crime itself or
2. Moral assistance to his co-conspirators by being present at the time of the commission
of the crime or
3. Exerting a moral ascendance over the other co-conspirators by moving them to execute
or implement the
criminal plan.
Proposal to commit a felony
Requisites:
1. A person has decided to commit a felony and
2. Proposes its execution to some other person/persons

Conspiracy Proposal
1. Elements Agreement to commit and Person decides to commit a crime
commission and proposes the same to another
Proposal to commit
2. Crimes Conspiracy to commit treason,rebellion,coup d' etat
sedition,treason,rebellion,coup d'
etat
 no proposal to commit
sedition

Art. 9 Grave Felonies,Less Grave Felonies,and Light Felonies


Importance of Classification
1. To determine whether the felonies can be complexed or not.
2. To determine the prescription of the crime and of the penalty.

Penalties (Imprisonment)
1. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua (life).
2. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years.
3. Light Felonies - Arresto Menor (1 day to 30 days).

Art. 10 Offenses not subject to the provisions of this code.


General rule: RPC provisions are supplementary to special laws.
Exceptions:
1. When special law provides otherwise.
2.When provisions of RPC are impossible of application,either by express provision or by
necessary implication.

Special Laws RPC


1. Terms Imprisonment Prision correctional.prision
mayor,arresto mayor etc.

2. Attempted or frustrated stages General rule: not punishable Punishable


Exception: unless otherwise
stated
3. Plea of guilty as mitigating No Yes
circumstance
4. Minimum,medium,and Not applicable Yes
maximum periods
5. Penalty for accessory or General rule: none Yes
accomplice Exception: unless otherwise
stated

Provisions of RPC applicable to special laws

 Art. 16 Participation of accomplices


 Art. 22 Retroactivity of penal laws if favorable to the accused.
 Art. 45 Confiscation of instruments used in the
crime.

Note: When the special law adopts the penalties imposed in the RPC,ex.penalties as
reclusion perpetua etc.The provisions of the RPC on imposition of penalties based on
stages of execution,degree of participation and attendance of mitigating and aggravating
circumstances may be applied by necessary implication.

Art. 11 Justifying circumstances - where the act of a person is in accordance with


law such that said person is deemed not to have violated the law.
General rule: no criminal and civil liability incurred.
Exception: there is civil liability with respect to paragraph 4 where the liability is born by
persons benefited by the act.

Paragraph 1 Self defense


Elements:
1. Unlawful Aggression

 indispensable requirement
 there must be actual physical assault or aggression or an immediate and imminent
thereat,which must be offensive and positively strong.
 the defense must have been made during the existence of aggression,otherwise,it
is no longer justifying.
 while generally an agreement to fight does not constitute unlawful
aggression,violation of the terms of the agreement to fight is considered an
exception.

2. Reasonable necessity of the means employed to prevent or repel it.


Test of reasonableness depends on:
1) weapon used by the aggressor
2) physical condition,character,size,and circumstances of persons defending himself
4) place and occasion of assault
3. Lack of sufficient provocation on the part of the person defending himself.
Note: Perfect equality between the weapons used,nor material commensurability
between the means of attack
and defense by the one defending himself and that of the aggressor is not required.
Reason: the person assaulted does not have sufficient opportunity or time to think and
calculate.
Rights included in self defense
1) defense of person
2) defense of rights protected by law
3) defense of property (only if there is also an actual and imminent danger on the
person of the one defending.
4) defense of chastity

Kinds of self defense


1) Self defense of chastity - there must be an attempt to rape the victim.
2) Defense of property - must be coupled with an attack on the person of the owner or
on one entrusted with
the care of such property.
In People vs. Narvaez - Attack on property alone was deemed sufficient to comply
with the element of
unlawful aggression.
3) Self defense in Libel - justified when the libel is aimed at a person's good name.

Stand Ground When In The Right - the law does not require a person to retreat when
his assailant is rapidly
advancing upon him with a deadly weapon.

Note: Under RA 9262 (Anti Violence Against Women and their Children Act of 2004)
- victim-survivors who are
found by the courts to be suffering from BWS (Battered Woman Syndrome) do not
incur any criminal or civil
liability despite absence of the necessary elements for the justifying circumstance of
self defense in the RPC.
BWS is a scientifically defined pattern of psychological and behavioral symptoms
found in women living in
battering relationships as a result of cumulative abuse.

Paragraph 2 Defense of relatives


Elements:
1. Unlawful aggression (indispensable requirement)
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked,the one making the defense
had no part in such
provocation.

Relative Entitled to the Defense


1. Spouse
2. Ascendants
3. Descendants
4. Legitimate,natural or adopted brothers and sisters,relatives by affinity in the same
degree.
5. Relatives by consanguinity within the 4th civil degree.

Note: The relative defended may be the original aggressor.All that is required to justify
the act of the relative
defending is that he takes no part in such provocation.

Paragraph 3 Defense of Stranger


Elements:
1. Unlawful aggression (indispensable requirement)
2. Reasonable necessity of the means employed to prevent or repel it.
3. Person defending be not induced by revenge,resentment,or other evil motive.

Paragraph 4 State of Necessity (avoidance of greater evil or injury)


Elements:
1. Evil sought avoided actually exists.
2. Injury feared be greater that that done to avoid it.
3. No other practical and less harmful means of preventing it.

Note: The necessity must not be due to the negligence or violation of any law by the
actor.

Paragraph 5 Fulfillment of duty or lawful exercise of a right or office.


Elements:
1. Accused in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused or offense committed be the necessary consequence of the due
performance of the duty or
the lawful exercise of such right or office.

Note: The accused must prove that he was duly appointed to the position claimed he was
discharging at the time
of the commission of the offense.It must also be shown that the offense committed was
the necessary
consequence of such fulfillment of duty or lawful exercise of a right or office.

Paragraph 6 Obedience to an order issued by a superior officer


Elements:
1. an order has been issued
2. Order has a lawful purpose (not patently illegal)
3. Means used by subordinate to carry out said order is lawful

Note: The superior officer giving the order can not invoke this justifying
circumstance.Good faith is material as the subordinate is not liable for carrying out an
illegal order if he is not aware of its illegality and he is not negligent.
General Rule: Subordinate can not invoke this circumstance when order is patently
illegal.
Exception: When there is compulsion of an irresistible force or under impulse of
uncontrollable fear.

Art. 12 Circumstances which exempt from criminal liability


Exempting circumstances - grounds for exemption from punishment because there is
wanting in the agent of the crime any of the conditions which make the act voluntary or
negligent.

Basis: The exemption from punishment is based on the complete absence of


negligence,freedom of action,or intent or on the absence of negligence on the part of the
accused.

Burden of proof - Any of the circumstances is a matter of defense and must be proved by
the defendant to the satisfaction of the court.

Justifying Exempting
1. Who/What is affected Act Actor
2. Nature of act Act is considered legal Act is wrongful but actor
3. Existence of a crime None Yes,but since voluntarine
absent,the actor is not lia
4. Liability No criminal and civil liability but No Criminal liability but
there is civil liability as to civil liability except as to
Art.11(4)(State of Necessity) Art.12(4)(Injury by mere
and (7) (lawful cause)

Paragraph 1 Imbecility or Insanity

Imbecile - one while advance in age has a mental development comparable to that of
children between 2 and 7 years old.He is exempt in all case from criminal liability.

Insane - one who acts with complete deprivation of intelligence/reason or without the
least discernment or with total deprivation of freedom of will.Mere abnormality of
the mental faculties will not exclude imputability.

General Rule: Exempt from criminal liability


Exception: The act was done during the lucid interval.
Note: Defense must prove that the accused was insane at the time of the commission of
the crime because the
presumption is always in favor of sanity.

Paragraph 2 Under 9 years of age


Requisites: Offender is under 9 years of age at the time of the commission of the
crime.There is absolute criminal irresponsibility in the case of a minor under 9 years of
age.

Note: Under RA 9344 or the Juvenile Justice and Welfare Act,a minor 15 years old and
below is exempt from criminal liability.

Paragraph 3 Person over 9 and under 15 acting without discernment


Note: Such minor must have acted without discernment to be exempt.If with
discernment,he is criminally liable.

Presumption - the minor committed the crime without discernment.

Discernment - mental capacity to fully appreciate the consequences of the unlawful act
which is shown by the
1. manner the crime was committed.
2. conduct of the offender after its commission.
Note: under RA 9344,a minor over 15 but below 18 who acted without discernment is
exempt from criminal liability.

Paragraph 4 Accident without fault or intention of causing it.


Elements:
1. A person is performing a lawful act.
2. with due care
3. He causes injury to another by mere accident
4. without fault or intention of causing it.

Paragraph 5 Irresistible Force - Offender uses violence or physical force to compel


another person to commit a crime.
Elements:
1. The compulsion is by means of physical force.
2. The physical force must be irresistible.
3. The physical force must come from a 3rd person.
Note: Force must be irresistible so as to reduce the individual to a mere instrument.

Paragraph 6 Uncontrollable Fear - Offender employs intimidation or threat in


compelling another to commit a
crime.
Elements:
1. The threat which causes the fear is of an evil greater than or at least equal to that
which he is required to
commit.
2. It promises an evil of such gravity and imminence that an ordinary man would have
succumbed to it.
Note: Duress to be valid defense should be based on real imminent or reasonable fear
for one's life or limb.It
should not be inspired by speculative,fanciful or remote fear.A threat of future
injury is not enough.

Duress - use of violence or physical force.

Actus me invito factus non est meus actus - Any act done by me against my will is not
my act.

Paragraph 7 Insuperable Cause - some motive,which has lawfully,morally,or


physically prevented a person to
do what the law command.
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to some lawful or insuperable cause.
Example: a. A priest cant be compelled to reveal what was confessed to him.
b. No available transportation - officer not liable for arbitrary detention.
c. Mother who was overcome by severe dizziness and extreme
debility,leaving child to die - not liable
for infanticide.

Absolutory causes - where the act committed is a crime but for some reason of public
policy and sentiment,there is no penalty imposed.Exempting and justifying circumstances
are absolutory causes.Examples of such other circumstances are:
1. Spontaneous desistance
2. Accessories exempt from criminal liability
3. Death or physical injuries inflicted under exceptional circumstances
4. Person exempt from criminal liability from theft,swindling,malicious mischief
5. Instigation
Note: Entrapment is not an absolutory cause.A buy-bust operation conducted in
connection with illegal drug-related
offenses is a form of entrapment.

Entrapment Insti
gation
1. The ways ans means are resorted to for the purpose 1. Instigator practically
induces the would be accused
of trapping and capturing the lawbreaker in the into the commission of
the offense and himself
execution of his criminal plan. becomes a co-
principal.
2. Not a bar to accused prosecution and conviction 2. Accused will be
acquitted
3. Not an absolutory cause 3. Absolutory cause

Chapter 3
Circumstances which Mitigate criminal Liability
Privileged Mitigating Ordinary
Mitigating
1.Offset by any aggravating can not be offset can be
offset by a generic
circumstance aggravatin
g circumstance
2. Effect on penalty effect of imposing the penalty by 1 or if not
offset, has the effect of
2 degrees lower than that provided imposing
the minimum period of the
by law penalty
3. Kinds (sources) minority,incomplete self defense, 2 or those
circumstances enumerated in
more mitigating circumstance without in
paragraph 1 to 10 of art. 13
any aggravating circumstance (has the
effect of lowering the penalty by one
degree

Age Criminal Responsibility/Effect


15 years old absolute irresponsibility,exempting circumstance
15 and 18 years old conditional responsibility
without discernment - not criminally liable
with discernment - criminally liable
minor delinquent sentence is suspended
18 and 70 years old full responsibility
> 70 years old mitigated responsibility,no imposition of death
penalty,execution of death
sentence may be suspended and commuted.

Art. 13. Mitigating circumstances - those which if present in the commission of the
crime reduces the penalty
of the crime but does not erase criminal liability nor change the nature of the crime.

Note: A mitigating circumstance arising from a single fact absorbs all the other
mitigating circumstances arising from that same fact.

Paragraph 1 Incomplete Justifying or Exempting Circumstances


Note: This applies when not all the requisites are present.If 2 requisites are present,it is
considered a privilege
mitigating circumstance.However,in reference to Art.11(4) if any of the last 2
requisites is absent,there is
only an ordinary mitigating circumstance.Remember though,that in self-
defense,defense of relative or
stranger,unlawful aggression must always be present as it is an indispensable
requirement.

Paragraph 2 Under 18 or over 70 years old


Note: Age of accused is determined by his age at the date of commission of crime,not
date of trial.

Paragraph 3 No intention to commit so grave a wrong


Note: Can be used only when the proven facts show that there is a notable and evident
disproportion between the
means employed to execute the criminal act and its consequences.

Factors that can be considered are:


1. weapons used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission of crime.
- this provision addresses the intention of the offender at the particular moment when
the offender executes or
commits the criminal act,not to his intention during the planning stage.

Note: In crimes against persons - if victim does not die,the absence of the intent to kill
reduces the felony to mere
physical injuries.It is not considered as mitigating.It is mitigating only when the
victim dies.

Note: It is not applicable to felonies by negligence because in felonies through


negligence,the offender acts
without intent.The intent in intentional felonies is replaced by negligence or
imprudence.There is no intent
on the part of the offender which may be considered as diminished.

Paragraph 4 Provocation or threat - any unjust or improper conduct or act of the


offended party,capable of exciting,inciting,or irritating anyone.
Requisites:
1. Provocation must be sufficient.
2. It must originate from the offended party.
3. Must be immediate to the commission of the crime by the person who is provoked.
Note: Threat should not be offensive and positively strong otherwise it would be an
unlawful aggression which
may give rise to self-defense and thus no longer a mitigating circumstance.

Provocation Vindication
1. Made directly only to the person committing 1. Grave offense maybe also
against the offenders
the felony. relatives mentioned by law.
2. Cause that brought about the provocation.Need 2. Offended party must have
done a grave offense to
not be a grave offense. the offender or his relatives.
3. Necessary that provocation or threat immediately 3. May be proximate.Time
interval allowed.
preceded the act.No time interval.

Paragraph 5 Vindication of grave offense


Requisites:
1. A grave offense done to the one committing the felony,his
spouse,ascendants,descendants,legitimate,
natural,or adopted brothers or sisters or relatives by affinity within the same degrees.
2. The felony is committed in immediate vindication of such grave offense.

Note: "Immediate" allows for a lapse of time as long as the offender is still suffering
from the mental agony
brought about by the offense to him.(Proximate time,not just immediately after)

Paragraph 6 Passion or Obfuscation


Requisites:
1. Offender acted upon an impulse
2. The impulse must be so powerful that it naturally produced passion or obfuscation in
him.

Note: Act must have been committed not in the spirit of lawlessness or revenge;act
must come from lawful
sentiments.

Acts which gave rise to passion and obfuscation


1. That there be an act,both unlawful and unjust
2. The act be sufficient to produce a condition of mind
3. That the act was proximate to the criminal act not admitting of time during which the
perpetrator might
recover his normal equanimity.
4. The victim must be the one who caused the passion or obfuscation.
Note: Passion and obfuscation can not co-exist with treachery since this means that
the offender had time to
ponder his cause of action.

Passion and Obfuscation Irresistible Force


1. Mitigating 1. Exempting
2. No physical force needed 2. Requires physical force
3. From the offender himself 3. Must come from a third
person
4. Must come from lawful sentiments 4. Unlawful

Passion and Obfuscation Provocation


1. Produced by an impulse which may be caused 1. Comes from injured
party
by provocation 2. Immediately precede the
commission of the crime
2. Offense which engenders perturbation of mind
need not be immediate,it is only required that the
influence thereof lasts until the crime is committed
3. Effect is loss of reason and self-control on the 3. Same
part of the offender

Paragraph 7 Surrender and Confession of guilt


Requisites: Voluntary Surrender
1. Offender not actually arrested
2. Offender surrendered to persons in authority
3. Surrender was voluntary

Requisites: Voluntary Plea of Guilt


1. Offender spontaneously confessed his guilt
2. Confession was made in open court,that is,before the competent court that is to try
the case
3. Confession of guilt was made prior to the presentation of the evidence for the
prosecution

When surrender voluntary - must be spontaneous,showing the intent of the accused to


submit himself
unconditionally to the authorities,either because
1. He acknowledges his guilt or'
2. He wishes to save them the trouble and expense necessarily incurred in his search
and capture
Note: If both are present,considered as two independent mitigating
circumstances.Further mitigates penalty.

Notes:
* Plea made after arraignment and after trial has begun does not entitle accused to the
mitigating circumstance.
* If accused pleaded not guilty,even if during arraignment he is entitled to mitigating
circumstance as long as he
withdraws his plea of not guilty to the charge before the fiscal could present his
evidence .
* Plea to a lesser charge is not a mitigating circumstance because to be such,the plea of
guilt must be to the
offense charged.
* Plea to the offense charge in the amended information,lesser than that charged in the
original information is
mitigating circumstance.

Paragraph 8 Physical defect of offender - The offender is deaf and dumb,blind or


otherwise suffering from some physical defect restricting his means of action,defense,or
communication with others.
Note: The physical defect must relate to the offense committed.

Paragraph 9 Illness of the offender


Requisites:
1. The illness of the offender must diminish the exercise of his will power.
2. Such illness should not deprive the offender of consciousness of his acts.

Paragraph 10 Similar and Analogous Circumstances


Example:
1. Defendant who is 60 years old with failing eyesight is similar to a case of one over
70 years old.
2. Outraged feeling of owner of animal taken for ransom is analogous to vindication of
grave offense.
3. The impulse of jealous feeling similar to passion and obfuscation.
4. Voluntary restitution of property similar to voluntary surrender.
5. Extreme poverty,similar to incomplete justification based on state of necessity.

Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL
LIABILITY
Aggravating circumstances - those which if attendant in the commission of the crime
serve to have the penalty imposed in its maximum period provided by law for the offense
or those that change the nature of the crime.

Basis - The greater perversity of the offender manifested in the commission of the felony
as shown by:
1. The motivating power itself
2. The place of the commission
3. The means and ways employed
4. The time
5. The personal circumstances of the offender or the offended party

Kinds of aggravating circumstances


1. Generic - those which apply to all crime
2. Specific - those which apply only to specific crimes
3. Qualifying - those that change the nature of the crime
4. Inherent - which of necessity accompany the commission of the crime,therefore not
considered in increasing the
penalty to be imposed.
5. Special - those which arise under special conditions to increase the penalty of the
offense and can not be offset
by mitigating circumstances.

Generic Aggravating Circumstances Qualifying Aggravating


circumstances
1. Effect - when not set off by any mitigating 1. Effect - gives the crime its
proper and exclusive
circumstance increases the penalty which should be name and places the
author of the crime in such a
imposed upon the accused to the maximum period situation as to deserve no
other penalty than that
but without exceeding the limit prescribed by law. specially prescribe by
law for said crimes.
2. If not alleged in the information,a qualifying 2. To be considered as
such,must be allege in the
circumstance will be considered generic. information.
3. May be offset by a mitigating circumstance 3. Can not be offset by a
mitigating circumstance.

Rules on Aggravating Circumstances


1. Aggravating circumstances shall not be appreciated if
a. They constitute a crime specially punishable by law or
b. It is included by law in defining a crime with a penalty prescribed and therefore
shall not be taken into account
for the purpose of increasing the penalty.
Example: "that the crime be committed by means of fire,explosion (Art.14 par.12) is
in itself a crime of arson or
a crime involving destruction.It is not to be considered to increase the
penalty for the crime of arson
or for the crime involving destruction.
2. The same rule shall apply with respect to any aggravating circumstance inherent in the
crime for such a degree
that it must of necessity accompany the commission thereof.Art.62 par.2)
3. Aggravating circumstances which arise
a. From the moral attributes of the offender
b. From his private relations with the offender party
c. From any personal cause
- shall only serve to aggravate the liability of the principals,accomplices and
accessories as to whom such
circumstances are attendant.(Art 62. par.3)
4. The circumstances which consist
a. In the material execution of the act or
b. In the means employed to accomplish it
- shall serve to aggravate the liability of only those persons who had knowledge of
them at the time of the
execution of the act or their cooperation therein.Except when there is proof of
conspiracy in which case the
act of one is deemed to be the act of all regardless of lack of knowledge of the facts
constituting the
circumstance.(Art.62 par.4)
5. Aggravating circumstances regardless of its kind should be specifically alleged in the
information and proved as
fully as the crime itself in order to increase the penalty.(Rule 110 sec.9 2000 Rules of
Criminal Procedure)
6. When there is more than one qualifying aggravating circumstance present,one of them
will be appreciated as
qualifying aggravating while the others will be considered as generic aggravating.

Art. 14. Aggravating circumstances.


Par. 1 That advantage be taken by the offender of his public position
Requisites:
1. Offender is public officer
2. Public officer must use the influence,prestige or ascendancy which his office
gives him as means to
realize criminal purpose.
Note:
* It is not considered as an aggravating circumstance where taking advantage of
official position is made
by law an integral element of the crime or inherent in the offense.
example: malversation,falsification of a document committed by public
officers
* When the public officer did not take advantage of the influence of his
position,this aggravating
circumstances is not present.
* Taking advantage of a public position is also inherent in the case of
accessories under Art.19 par.3
(harboring,concealing or assisting in the escape of the principal of the crime)
and in crimes committed by
public officers.(Art.204-245)

Par. 2 That the crime be committed in contempt of or with insult to public


authorities.
Requisites:
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise of said functions is not the person
against whom the crime
is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.

Person in authority - public authority or person who is directly vested with jurisdiction
and has the power to govern
and execute the laws.Example: Governor,Mayor,Barangay
Captain,councilors,Chief of Police

Note:* A teacher or professor of a public or recognized private school is not a public


authority within the
contemplation of this paragraph.While he is a person in authority under
Art.152,that status is only for the
purpose of Art.148(direct assault) and art.152(resistance and disobedience)
* The crime should not be committed against the public authority otherwise it will
constitute direct assault
under art.148
* This is not applicable when committed in the presence of a mere agent.

Agent - subordinate public officer charged with the maintenance of public order and
protection and security of life
and property.Example: barrio councilman.

Par. 3 That the act be committed


1. With insult or in disregard of the respect due the offended party on account
of his
rank,age,sex or
2. That it be committed in the dwelling of the offended party,if the latter has
not given
provocation.

Rules regarding par. 3(1)


a. These circumstances shall only be considered as one aggravating
circumstance.
b. Rank,age,and sex may be taken into account only in crime against persons or
honor,they can not be
invoked in crimes against property.
c. it must be shown that in the commission of the crime,the offender deliberately
intended to offend or
insult the rank,age,and sex of the offended party.

Rank - the designation or title of distinction used to fix the relative position of
the offended party in
reference to others (there must be a difference in the social condition of the
offender and the offended
party.

Age - may refer to old age or the tender age of the victim.

Sex - refers to the female sex,not the male sex.

The act of disregard of rank,age,or sex is not applicable in the following cases:
1. When the offender acted with passion and obfuscation.
2. When there exists a relationship between the offended party and the offender.
3. When the condition of being a woman is indispensable in the commission of
the crime.Example: parricide,
abduction,seduction,and rape.

People vs. Lapaz March 31,1989 - Disregard of sex and age are not absorbed in
treachery because
treachery refers to the manner of the commission of the crime,while disregard of
sex and age pertains to
the relationship of the victim.

Dwelling - must be building or structure exclusively used for rest and comfort
(combination of house and
store not included) may be temporary as in the case of guests in a house or
bedspacers.It includes
dependencies,the foot of the staircase and the enclosure under the house.

Notes:
* The aggravating circumstance of dwelling requires that the crime be wholly or
partly committed therein or in
any integral part thereof.
* Dwelling does not mean the permanent residence or domicile of the offended
party or that he must be the
owner thereof.He must ,however be actually living or dwelling therein even for a
temporary duration or
purpose.
* It is not necessary that the accused should have actually entered the dwelling of
the victim to commit the
offense; it is not enough that the victim was attacked inside his own house
although the assailant may have
devised means to perpetrate the assault from without.

What aggravates the commission of the crime in one's dwelling?


1. The abuse of confidence which the offended party reposed in the offender by
opening the door to him or
2. The violation of the sanctity of the home by trespassing therein with violence
or against the will of the
owner.

Meaning of provocation in the aggravating circumstance of dwelling: The


provocation must be:
1. Given by the owner of the dwelling
2. Sufficient and
3. Immediate to the commission of the crime.
Note: If all these conditions are present, the offended party is deemed to have
given the provocation and
the fact that the crime is committed in the dwelling of the offended party
is not an aggravating
circumstance.Reason - When it is the offended party who has provoked
the incident,he losses his
right to the respect and consideration due him in his own house.

Dwelling is not aggravating in the following cases:


1.When both the offender and the offended party are occupants of the same house
and this is true even if
offender is a servant in the house. Exception - In case of adultery in the conjugal
dwelling,the same is
aggravating.However,if the paramour also dwells in the conjugal dwelling,the
applicable aggravating
circumstance is abuse of confidence.
2.When robbery is committed by the use of force upon things,dwelling is not
aggravating because it is
inherent.However,dwelling is aggravating in robbery with violence against or
intimidation of persons
because this class of robbery can be committed without the necessity of
trespassing the sanctity of the
offended party's house.
3.In the crime of trespass to dwelling,it is inherent to included by law in defining
the crime.
4.When the owner of the dwelling gave sufficient and immediate provocation.
- there must exist a close relation between the provocation made by the victim
and the commission of
the crime by the accused.
5.The victim is not a dweller of the house.

par. 4 That the act be committed with


a. abuse of confidence or
b. obvious ungratefulness
* There are 2 aggravating circumstances present under par.4 which must be
independently appreciated if
present in the same case.
* While one may be related to the other in the factual situation in the case,they can
not be lumped together.
Abuse of confidence requires a special confidential relationship between the
offender and the victim while
this is not required for there to be obvious ungratefulness.

Requisites of abuse of confidence


1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a crime against the offended
party.
3. That the abused of confidence facilitated the commission of the crime.
Note: Abuse of confidence is inherent in malversation,qualified theft,estafa by
conversion or misappropriation
and qualified seduction.

Requisites of Obvious Ungratefulness


1. That the offended party had trusted the offender
2. That the offender abused such trust by committing a crime against the offended
party.
3. That the act be committed with obvious ungratefulness.
Note: The ungratefulness contemplated by paragraph 4 must be such clear and
manifest ingratitude on the
part of the accused .

par. 5 That the crime be committed in the palace of the chief executive or in his
presence or
where public authorities are engaged in the discharge of their duties or in a
place
dedicated to religious worship.
* Actual performance of duties is not necessary when crime is committed in
the palace or in the presence of
the chief executive.

Requisites regarding public authorities


1. crime occurred in the public office
2. public authorities are actually performing their public duties

Comparison
par. 5 Where public authorities are par. 2 Contempt or
insult to public authorities
engaged in the discharge of their
duties

Place where public duty is performed


- In their office -
outside of their office
The offended party
- May or may not be the - public
authority should not be the
public authority offended
party.

Place dedicated to religious worship


Requisites:
1. The crime occurred in a place dedicated to the worship of god regardless of
religion.
2. The offender must have decided to commit the crime when he entered the place
of worship.
* Except for the third which requires that official functions are being performed at
the time of the commission
of the crime,the other places mentioned are aggravating per se even if no official
duties or acts of
religious worship are being conducted there.
* Cemeteries,however respectable they may be are not considered as place
dedicated to the worship of god.

Par. 6 That the crime be committed


1. In the nighttime or
2. In an uninhabited place or
3. By a band
Whenever such circumstances may facilitate the commission of the offense.
Note: When present in the same case and their element are distinctly palpable and
can subsist
independently,they shall be considered separately.
When nighttime,uninhabited place or band aggravating
1. When it facilitated the commission of the crime or
2. When especially sought for by the offender to insure the commission of the crime
or for the purpose of
impunity or
3. When the offender took advantage thereof for the purpose of impunity.

Nighttime (obscuridad) - that period of darkness beginning at the end of dusk and
ending at dawn.

* Commission of the crime mus begin and be accomplished in the nighttime.When the
place of the crime is
illuminated by light,nighttime is not aggravating.It is not considered aggravating
when the crime began at
daytime.
* Nighttime is not especially sought for when the notion to commit the crime was
conceived of shortly before
commission or when crime was committed at night upon a casual encounter.
* However,nighttime need not be specifically sought for when
1. it facilitated the commission of the offense or
2. the offender took advantage of the same to commit the crime.
* A bare statement that crime was committed at night is insufficient.The information
must allege that nighttime
was sought for or taken advantage of or that it facilitated the crime.

General rule: nighttime is absorbed in treachery.


Exception: Where both the treacherous mode of attack and nocturnity
were deliberately decided upon in the
same case,they can be considered separately if such circumstances have
different factual bases.
* In People of the Philippines vs. Berdida et.al. (june 30,1966) - nighttime was
considered since it was
purposely sought and treachery was further appreciated because the victims hands
and arms were tied
together before he was beaten up by the accused.

* In People vs. Ong et.al. (Jan.30,1975) - there was treachery as the victim was stabbed
while lying face up
and defenseless and nighttime was considered upon proof that it facilitated the
commission of the offense and
was taken advantage of by the accused.

Uninhabited place (despoblado) - one where there are no houses at all,a place at a
considerable distance from
town,where the houses are scattered at a great distance from each other.
* Solitude must be sought to better attain the criminal purpose.
* What should be considered here is whether in the place of the commission of the
offense,there was a
reasonable possibility of the victim receiving some help.

Band (en Cuadrilla) - whenever there are more than 3 armed malefactors that shall
have acted together in the
commission of an offense.
Note:
* There must be 4 or more armed men.
* If one of the 4 armed malefactors is a principal by inducement,they do not form a
band because it is
undoubtedly connoted that he had no direct participation.
* By a band - is aggravating in crimes against property or against persons or in the
crime of illegal detention or
treason but does not apply to crimes against chastity.
* By a band is inherent in brigandage.
* This aggravating circumstance is absorbed in the circumstance of abuse of superior
strength.

Par. 7 That the crime be committed on the occasion of


a conflagration,shipwreck,earthquake,
epidemic or calamity or misfortune.
Requisites:
1. That the crime was committed when there was a calamity or misfortune.
2. That offender took advantage of the state of confusion or chaotic condition from such
misfortune.
3. If the offender was provoked by the offended party during the
calamity/misfortune,this aggravating
circumstance may not be taken into consideration.

Par. 8 That the crime be committed with the aid of


a. Armed men or
b. Persons who insure or afford impunity
Requisites:
1. That armed men or persons took part in the commission of the crime directly or
indirectly.
2. That the accused availed himself of their aid or relied upon them when the crime was
committed.
Note: This aggravating circumstance requires that the armed men are accomplices
who take part in a minor
capacity directly or indirectly and not when they were merely present at
the crime scene.Neither should
they constitute a band,for then the proper aggravating circumstance would be
cuadrilla.

When this aggravating circumstance shall not be considered:


1. When both the attacking party and the party attacked were equally armed.
2. When the accused as well as those who cooperated with him in the commission of
the crime acted under the
same plan and for the same purpose.
3. When the others were only casually present and the offender did not avail himself
of any of their aid or when
he did not knowingly count upon their assistance in the commission of the crime.

Par. 6 By a band Par. 8 With the aid of


armed men
As to their number
- requires more than 3 armed - At least 2
malefactors
As to their action
- requires that more than 3 armed - this circumstance is
present even if one of the
malefactors shall have acted offenders merely relied
on their aid for actual
together in the commission of aid is not necessary.
an offense

* If there are 4 armed men,aid of armed men is absorbed in employment of a band.If


there are 3 armed men or
less,aid of armed men may be the aggravating circumstance.

* Aid of armed men includes armed women.

Par. 9 That the accused is a recidivist


Recidivist - one who at the time of his trial for one crime shall have been previously
convicted by final judgement
of another crime embraced in the same title of the RPC.

Requisites:
1. That the offender is on trial for an offense
2. That he was previously convicted by final judgement of another crime
3. That both the first and the second offenses are embraced in the same title of the RPC
4. That the offender is convicted of the new offense
Meaning of "at the time of is trial for one crime" - it is employed in its general
sense,including the rendering of
judgement.It is meant to include everything that is done in the course of the
trial,from arraignment until after
sentence is announced by the judge in open court.
What is controlling is the time of the trial,not the time of the commission of the
offense.

General rule: To prove recidivism,it is necessary to allege the same in the information
and to attach thereto
certified copy of the sentences rendered against the accused.
Exception: If the accused does not object and when he admits in his confession and on
the witness stand.

Notes:
*Recidivism must be taken into account no matter how many years have intervened
between the first and second
felonies.
*Amnesty extinguishes the penalty and its effects.However,pardon does not obliterate
the fact that the accused
was a recidivist.Thus,even if the accused was granted a pardon for the first offense but
he commits another
felony embraced in the dame title of the RPC,the first conviction is still counted to
make him a recidivist.
*Being an ordinary aggravating circumstance,recidivism affects only the periods of a
penalty except in prostitution
and vagrancy and gambling wherein recidivism increases the penalties by degrees.No
other generic aggravating
circumstances produces this effect.
*In recidivism,it is sufficient that the succeeding offense be committed after the
commission of the preceding
offense provided that at the time of his trial for the second offense,the accused had
already been convicted of
the first offense.
*If both offenses were committed on the same date,they shall be considered as only
one,hence,they can not be
separately counted in order to constitute recidivism.Also,judgements of conviction
handed down on the same
day shall be considered as only one conviction.Reason - because the RPC requires that
to be considered as
separate convictions at the time of his trial for one crime the accused shall have been
previously convicted by
final judgement of the other.

10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or
by means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

Chapter Five
ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating


circumstances when the offender has committed a felony in a state of intoxication, if the
same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.

Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for grave and
less grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission
of the crime, and without having participated therein, either as principals or accomplices,
take part subsequent to its commission in any of the following manners:chan robles
virtual law library

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or the effects or instruments


thereof, in order to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principals of the crime,


provided the accessory acts with abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.

Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.

Title Three

PENALTIES

Chapter One
PENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty
not prescribed by law prior to its commission.

Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving
the same.

Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does
not extinguish criminal action except as provided in Article 344 of this Code; but civil
liability with regard to the interest of the injured party is extinguished by his express
waiver.

Art. 24. Measures of prevention or safety which are nor considered penalties. — The
following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and
for the purposes specified therein.

3. Suspension from the employment of public office during the trial or in order to
institute proceedings.

4. Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal
form.

Chapter Two
CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. — The penalties which may be imposed
according to this Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:
Death.

Afflictive penalties:

Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:

Prision correccional,
Arresto mayor,
Suspension,
Destierro.

Light penalties:

Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,


Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or
calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a
single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than
200 pesos; and a light penalty if it less than 200 pesos.

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty for thirty years, unless such person by
reason of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon.

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and
one day to twenty years.

Prision mayor and temporary disqualification. — The duration of the penalties of prision
mayor and temporary disqualification shall be from six years and one day to twelve
years, except when the penalty of disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. — The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six years,
except when suspension is imposed as an accessory penalty, in which case, its duration
shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month
and one day to six months.

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to
thirty days.

Bond to keep the peace. — The bond to keep the peace shall be required to cover such
period of time as the court may determine.

Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the
duration of the temporary penalties shall be computed from the day on which the
judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the defendant commences
to serve his sentence.

Art. 29. Period of preventive imprisonment deducted from term of imprisonment. —


Offenders who have undergone preventive imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty, with the full time during which they
have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon convicted prisoners, except
in the following cases:

1. When they are recidivists or have been convicted previously twice or more times of
any crime; and

2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service of his sentence with four-
fifths of the time during which he has undergone preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970).

Whenever an accused has undergone preventive imprisonment for a period equal to or


more than the possible maximum imprisonment of the offense charged to which he may
be sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same
is under review. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment. (As
amended by E.O. No. 214, July 10, 1988).

Section Two. — Effects of the penalties


according to their respective nature

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. —


The penalties of perpetual or temporary absolute disqualification for public office shall
produce the following effects:

1. The deprivation of the public offices and employments which the offender may have
held even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular office or to be
elected to such office.

3. The disqualification for the offices or public employments and for the exercise of
any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in


paragraphs 2 and 3 of this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly held.

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The
penalties of perpetual or temporal special disqualification for public office, profession or
calling shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or


during the term of the sentence according to the extent of such disqualification.

Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the
exercise of the right of suffrage. — The perpetual or temporary special disqualification
for the exercise of the right of suffrage shall deprive the offender perpetually or during
the term of the sentence, according to the nature of said penalty, of the right to vote in
any popular election for any public office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office during the period of his
disqualification.

Art. 33. Effects of the penalties of suspension from any public office, profession or
calling, or the right of suffrage. — The suspension from public office, profession or
calling, and the exercise of the right of suffrage shall disqualify the offender from holding
such office or exercising such profession or calling or right of suffrage during the term of
the sentence.

The person suspended from holding public office shall not hold another having similar
functions during the period of his suspension.

Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time
of his sentence of the rights of parental authority, or guardianship, either as to the person
or property of any ward, of marital authority, of the right to manage his property and of
the right to dispose of such property by any act or any conveyance inter vivos.

Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced
to give bond to keep the peace, to present two sufficient sureties who shall undertake that
such person will not commit the offense sought to be prevented, and that in case such
offense be committed they will pay the amount determined by the court in the judgment,
or otherwise to deposit such amount in the office of the clerk of the court to guarantee
said undertaking.

The court shall determine, according to its discretion, the period of duration of the bond.

Should the person sentenced fail to give the bond as required he shall be detained for a
period which shall in no case exceed six months, is he shall have been prosecuted for a
grave or less grave felony, and shall not exceed thirty days, if for a light felony.

Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold
public office, or the right of suffrage, unless such rights be expressly restored by the
terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence.

Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the
course of the judicial proceedings, whether they be fixed or unalterable amounts
previously determined by law or regulations in force, or amounts not subject to schedule.

Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender
should not be sufficient for the payment of all his pecuniary liabilities, the same shall be
met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.
4. The cost of the proceedings.

Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each eight pesos, subject to the
following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred to in the preceding paragraph is satisfied,
but his subsidiary imprisonment shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year, and no fraction or part of a day
shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a light felony.

3. When the principal imposed is higher than prision correccional, no subsidiary


imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal


institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as those
of which the principal penalty consists.chan robles virtual law library

5. The subsidiary personal liability which the convict may have suffered by reason of
his insolvency shall not relieve him, from the fine in case his financial circumstances
should improve. (As amended by RA 5465, April 21, 1969).

Section Three. — Penalties in which other accessory penalties


are inherent

Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by
reason of commutation or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty years following the date
sentence, unless such accessory penalties have been expressly remitted in the pardon.

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned
as to the principal penalty, unless the same shall have been expressly remitted in the
pardon.
Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall
carry with it that of temporary absolute disqualification and that of perpetual special
disqualification from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have been expressly remitted
in the pardon.

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision
correccional shall carry with it that of suspension from public office, from the right to
follow a profession or calling, and that of perpetual special disqualification from the right
of suffrage, if the duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although pardoned as to
the principal penalty, unless the same shall have been expressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that
of suspension of the right too hold office and the right of suffrage during the term of the
sentence.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.

Chapter Four
APPLICATION OF PENALTIES

Section One. — Rules for the application of penalties


to the persons criminally liable and for the graduation of the same.

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by
law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.

Whenever the law prescribes a penalty for a felony is general terms, it shall be
understood as applicable to the consummated felony.

Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall
be imposed in all cases in which it must be imposed under existing laws, except in the
following cases:

1. When the guilty person be more than seventy years of age.


2. When upon appeal or revision of the case by the Supreme court, all the members
thereof are not unanimous in their voting as to the propriety of the imposition of the death
penalty. For the imposition of said penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme Court shall render its decision
per curiam, which shall be signed by all justices of said court, unless some member or
members thereof shall have been disqualified from taking part in the consideration of the
case, in which even the unanimous vote and signature of only the remaining justices shall
be required.

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the other,
the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period.

Art. 49. Penalty to be imposed upon the principals when the crime committed is different
from that intended. — In cases in which the felony committed is different from that
which the offender intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding
to the offense which the accused intended to commit, the penalty corresponding to the
latter shall be imposed in its maximum period.

2. If the penalty prescribed for the felony committed be lower than that corresponding
to the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if the
acts committed by the guilty person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the frustrated crime shall be
imposed in its maximum period.

Art. 50. Penalty to be imposed upon principals of a frustrated crime. — The penalty next
lower in degree than that prescribed by law for the consummated felony shall be imposed
upon the principal in a frustrated felony.

Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower
by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the principals in an attempt to commit a felony.

Art. 52. Penalty to be imposed upon accomplices in consummated crime. — The penalty
next lower in degree than that prescribed by law for the consummated shall be imposed
upon the accomplices in the commission of a consummated felony.
Art. 53. Penalty to be imposed upon accessories to the commission of a consummated
felony. — The penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the accessories to the commission of a
consummated felony.

Art. 54. Penalty to imposed upon accomplices in a frustrated crime. — The penalty next
lower in degree than prescribed by law for the frustrated felony shall be imposed upon
the accomplices in the commission of a frustrated felony.

Art. 55. Penalty to be imposed upon accessories of a frustrated crime. — The penalty
lower by two degrees than that prescribed by law for the frustrated felony shall be
imposed upon the accessories to the commission of a frustrated felony.

Art. 56. Penalty to be imposed upon accomplices in an attempted crime. — The penalty
next lower in degree than that prescribed by law for an attempt to commit a felony shall
be imposed upon the accomplices in an attempt to commit the felony.

Art. 57. Penalty to be imposed upon accessories of an attempted crime. — The penalty
lower by two degrees than that prescribed by law for the attempted felony shall be
imposed upon the accessories to the attempt to commit a felony.

Art. 58. Additional penalty to be imposed upon certain accessories. — Those accessories
falling within the terms of paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional penalty of absolute perpetual
disqualification if the principal offender shall be guilty of a grave felony, and that of
absolute temporary disqualification if he shall be guilty of a less grave felony.

Art. 59. Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. — When the person intending to commit an
offense has already performed the acts for the execution of the same but nevertheless the
crime was not produced by reason of the fact that the act intended was by its nature one
of impossible accomplishment or because the means employed by such person are
essentially inadequate to produce the result desired by him, the court, having in mind the
social danger and the degree of criminality shown by the offender, shall impose upon him
the penalty of arresto mayor or a fine from 200 to 500 pesos.

Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions
contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in
which the law expressly prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.

Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties
which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals of any frustrated or attempted felony, or as
accomplices or accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and indivisible, the penalty next
lower in degrees shall be that immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties,
or of one or more divisible penalties to be impose to their full extent, the penalty next
lower in degree shall be that immediately following the lesser of the penalties prescribed
in the respective graduated scale.

3. When the penalty prescribed for the crime is composed of one or two indivisible
penalties and the maximum period of another divisible penalty, the penalty next lower in
degree shall be composed of the medium and minimum periods of the proper divisible
penalty and the maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated scale.

4. when the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall be
composed of the period immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if possible; otherwise
from the penalty immediately following in the above mentioned respective graduated
scale.

5. When the law prescribes a penalty for a crime in some manner not especially
provided for in the four preceding rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of the frustrated felony, or of
attempt to commit the same, and upon accomplices and accessories.

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Prescribe for the crime

Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a


consummated crime

Penalty to be imposed upon the principal in an attempted crime, the accessory in the
consummated crime and the accomplices in a frustrated crime.

Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in
an attempted crime
Penalty to be imposed upon the accessory in an attempted crime
First Case Death Reclusion Perpetua Reclusion Temporal Prision
Mayor Prision Correccional
Second Case Reclusion Perpetua to Death Reclusion Temporal Prision
Mayor Prision Correccional Arresto Mayor
Third Case Reclusion Temporal in its maximum period to death Prision Mayor in
its maximum period to reclusion temporal in its medium period Prision correccional in
its maximum period to prision mayor in its medium period Arresto Mayor in it s
maximum period to prision correccional in its medium period Fine and Arresto Mayor
in its minimum and medium periods
Fourth Case Prision Mayor in its maximum period to reclusion temporal in its
medium period. Prision correccional in its maximum period to prision mayor in its
medium period. Arresto mayor in its maximum period to prision correccional in its
medium period. Fine and Arresto Mayor in its minimum and medium periods Fine.

Section Two. — Rules for the application of penalties with regard to the mitigating and
aggravating circumstances, and habitual delinquency.

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of


habitual delinquency. — Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially


punishable by law or which are included by the law in defining a crime and prescribing
the penalty therefor shall not be taken into account for the purpose of increasing the
penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in
the crime to such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.

5. Habitual delinquency shall have the following effects:


(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by
law for the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided
for the last crime of which he be found guilty and to the additional penalty of prision
mayor in its minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is
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, robo, hurto, estafa or falsification, he is found
guilty of any of said crimes a third time or oftener.

Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the
deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties,
the following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.

4. When both mitigating and aggravating circumstances attended the commission of


the act, the court shall reasonably allow them to offset one another in consideration of
their number and importance, for the purpose of applying the penalty in accordance with
the preceding rules, according to the result of such compensation.

Art. 64. Rules for the application of penalties which contain three periods. — In cases in
which the penalties prescribed by law contain three periods, whether it be a single
divisible penalty or composed of three different penalties, each one of which forms a
period in accordance with the provisions of Articles 76 and 77, the court shall observe for
the application of the penalty the following rules, according to whether there are or are
not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.

2. When only a mitigating circumstances is present in the commission of the act, they
shall impose the penalty in its minimum period.

3. When an aggravating circumstance is present in the commission of the act, they


shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating


circumstances are present, the court shall impose the penalty next lower to that prescribed
by law, in the period that it may deem applicable, according to the number and nature of
such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the
courts shall not impose a greater penalty than that prescribed by law, in its maximum
period.

7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced by the crime.

Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases
in which the penalty prescribed by law is not composed of three periods, the courts shall
apply the rules contained in the foregoing articles, dividing into three equal portions of
time included in the penalty prescribed, and forming one period of each of the three
portions.

Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within
the limits established by law; in fixing the amount in each case attention shall be given,
not only to the mitigating and aggravating circumstances, but more particularly to the
wealth or means of the culprit.

Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present.— When all the conditions required in
circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are
not present, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon the culprit if he shall have been guilty of a
grave felony, and arresto mayor in its minimum and medium periods, if of a less grave
felony.chan robles virtual law library

Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the
offender is a minor under eighteen years and his case is one coming under the provisions
of the paragraphs next to the last of Article 80 of this Code, the following rules shall be
observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower
than that prescribed by law shall be imposed, but always in the proper period.

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A
penalty lower by one or two degrees than that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of the lack of some of the conditions required to
justify the same or to exempt from criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such conditions be present. The courts
shall impose the penalty in the period which may be deemed proper, in view of the
number and nature of the conditions of exemption present or lacking.

Art. 70. Successive service of sentence. — When the culprit has to serve two or more
penalties, he shall serve them simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed
so that they may be executed successively or as nearly as may be possible, should a
pardon have been granted as to the penalty or penalties first imposed, or should they have
been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,
4. Prision mayor,

5. Prision correccional,chan robles virtual law library

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow
a profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than three-fold the length of time corresponding to
the most severe of the penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the same maximum
period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua)
shall be computed at thirty years. (As amended).

Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or
higher by one or more degrees than another given penalty, the rules prescribed in Article
61 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is
comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the following
graduated scales:

SCALE NO. 1
1. Death,

2. Reclusion perpetua,
3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.

SCALE NO. 2
1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be

voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.

Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a
person found guilty of two or more offenses shall be satisfied by following the
chronological order of the dates of the judgments rendered against him, beginning with
the first in order of time.

Section Three. — Provisions common in the last two preceding sections

Art. 73. Presumption in regard to the imposition of accessory penalties. — Whenever the
courts shall impose a penalty which, by provision of law, carries with it other penalties,
according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be
understood that the accessory penalties are also imposed upon the convict.

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the
law prescribes a penalty higher than another given penalty, without specially designating
the name of the former, if such higher penalty should be that of death, the same penalty
and the accessory penalties of Article 40, shall be considered as the next higher penalty.

Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever
it may be necessary to increase or reduce the penalty of fine by one or more degrees, it
shall be increased or reduced, respectively, for each degree, by one-fourth of the
maximum amount prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed
amount, but are made proportional.

Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of
divisible penalties shall be considered as divided into three parts, forming three periods,
the minimum, the medium, and the maximum in the manner shown in the following
table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME


INCLUDED IN EACH OF THEIR PERIODS

Penalties

Time included in the penalty in its entirety

Time included in its minimum period

Time included in its medium period

Time included in its maximum


Reclusion temporal From 12 years and 1 day to 20 years. From 12 years and 1 day
to 14 years and 8 months. From 14 years, 8 months and 1 day to 17 years and 4
months. From 17 years, 4 months and 1 day to 20 years.
Prision mayor, absolute disqualification and special temporary disqualification From 6
years and 1 day to 12 years. From 6 years and 1 day to 8 years. From 8 years and 1
day to 10 years. From 10 years and 1 day to 12 years.
Prision correccional, suspension and destierro From 6 months and 1 day to 6
years. From 6 months and 1 day to 2 years and 4 months. From 2 years, 4 months
and 1 day to 4 years and 2 months. From 4 years, 2 months and 1 day to 6 years.
Arresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2
months and 1 day to 4 months. From 4 months and 1 day to 6 months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20
days. From 21 to 30 days.
Art. 77. When the penalty is a complex one composed of three distinct penalties. — In
cases in which the law prescribes a penalty composed of three distinct penalties, each one
shall form a period; the lightest of them shall be the minimum the next the medium, and
the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in
this Code, the periods shall be distributed, applying by analogy the prescribed rules.

Chapter Five
EXECUTION AND SERVICE OF PENALTIES

Section One. — General Provisions

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed
except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with
any other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be observed
with regard to the character of the work to be performed, the time of its performance, and
other incidents connected therewith, the relations of the convicts among themselves and
other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different
institutions, or at least into different departments and also for the correction and reform of
the convicts.

Art. 79. Suspension of the execution and service of the penalties in case of insanity. —
When a convict shall become insane or an imbecile after final sentence has been
pronounced, the execution of said sentence shall be suspended only with regard to the
personal penalty, the provisions of the second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless
the penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or
imbecility occurs while the convict is serving his sentence.

Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex,
under sixteen years of age at the date of the commission of a grave or less grave felony, is
accused thereof, the court, after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all further proceedings and shall
commit such minor to the custody or care of a public or private, benevolent or charitable
institution, established under the law of the care, correction or education of orphaned,
homeless, defective, and delinquent children, or to the custody or care of any other
responsible person in any other place subject to visitation and supervision by the Director
of Public Welfare or any of his agents or representatives, if there be any, or otherwise by
the superintendent of public schools or his representatives, subject to such conditions as
are prescribed hereinbelow until such minor shall have reached his majority age or for
such less period as the court may deem proper. chan robles virtual law library

The court, in committing said minor as provided above, shall take into consideration the
religion of such minor, his parents or next of kin, in order to avoid his commitment to any
private institution not under the control and supervision of the religious sect or
denomination to which they belong.

The Director of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person to whose custody or
care the minor has been committed, shall submit to the court every four months and as
often as required in special cases, a written report on the good or bad conduct of said
minor and the moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the
court on the recommendation of the Director of Public Welfare or his authorized
representative or agents, or the superintendent of public schools or his representatives,
according as to whether the conduct of such minor has been good or not and whether he
has complied with the conditions imposed upon him, or not. The provisions of the first
paragraph of this article shall not, however, be affected by those contained herein.

If the minor has been committed to the custody or care of any of the institutions
mentioned in the first paragraph of this article, with the approval of the Director of Public
Welfare and subject to such conditions as this official in accordance with law may deem
proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon
him during his confinement, in accordance with the provisions of this article, he shall be
returned to the court in order that the same may order his final release.

In case the minor fails to behave properly or to comply with the regulations of the
institution to which he has been committed or with the conditions imposed upon him
when he was committed to the care of a responsible person, or in case he should be found
incorrigible or his continued stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render the judgment corresponding to the
crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to
which he has been committed, shall be borne totally or partially by his parents or relatives
or those persons liable to support him, if they are able to do so, in the discretion of the
court; Provided, That in case his parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or are found indigent and cannot pay said
expenses, the municipality in which the offense was committed shall pay one-third of
said expenses; the province to which the municipality belongs shall pay one-third; and
the remaining one-third shall be borne by the National Government: Provided, however,
That whenever the Secretary of Finance certifies that a municipality is not able to pay its
share in the expenses above mentioned, such share which is not paid by said municipality
shall be borne by the National Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said expenses, the internal revenue
allotments which may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and eighty-eight of the
Administrative Code. chan robles virtual law library

Section Two. — Execution of principal penalties.

Art. 81. When and how the death penalty is to be executed. — The death sentence shall
be executed with reference to any other and shall consist in putting the person under
sentence to death by electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible to mitigate the
sufferings of the person under sentence during electrocution as well as during the
proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.

Art. 82. Notification and execution of the sentence and assistance to the culprit. — The
court shall designate a working day for the execution but not the hour thereof; and such
designation shall not be communicated to the offender before sunrise of said day, and the
execution shall not take place until after the expiration of at least eight hours following
the notification, but before sunset. During the interval between the notification and the
execution, the culprit shall, in so far as possible, be furnished such assistance as he may
request in order to be attended in his last moments by priests or ministers of the religion
he professes and to consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.

Art. 83. Suspension of the execution of the death sentence. — The death sentence shall
not be inflicted upon a woman within the three years next following the date of the
sentence or while she is pregnant, nor upon any person over seventy years of age. In this
last case, the death sentence shall be commuted to the penalty of reclusion perpetua with
the accessory penalties provided in Article 40.

Art. 84. Place of execution and persons who may witness the same. — The execution
shall take place in the penitentiary of Bilibid in a space closed to the public view and
shall be witnessed only by the priests assisting the offender and by his lawyers, and by
his relatives, not exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the Director of Prisons may
authorize.

Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless
claimed by his family, the corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or
scientific research first applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present thereat to the members of the
family of the culprit and the friends of the latter. In no case shall the burial of the body of
a person sentenced to death be held with pomp.chan robles virtual law library

Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor, shall be executed and served in the places and
penal establishments provided by the Administrative Code in force or which may be
provided by law in the future.

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter
the place or places designated in the sentence, nor within the radius therein specified,
which shall be not more than 250 and not less than 25 kilometers from the place
designated.

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal
jail, or in the house of the defendant himself under the surveillance of an officer of the
law, when the court so provides in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it.

Title Four

EXTINCTION OF CRIMINAL LIABILITY

Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs
before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or


reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.chan robles virtual law library

When the penalty fixed by law is a compound one, the highest penalty shall be made the
basis of the application of the rules contained in the first, second and third paragraphs of
this article. (As amended by RA 4661, approved June 19, 1966).

Art. 91. Computation of prescription of offenses. — The period of prescription shall


commence to run from the day on which the crime is discovered by the offended party,
the authorities, or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted, or are unjustifiably stopped for any reason not
imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.
Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence
prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;

4. Light penalties, in one year.

Art. 93. Computation of the prescription of penalties. — The period of prescription of


penalties shall commence to run from the date when the culprit should evade the service
of his sentence, and it shall be interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which this Government has no
extradition treaty, or should commit another crime before the expiration of the period of
prescription.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished


partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his
sentence.

Art. 95. Obligation incurred by person granted conditional pardon. — Any person who
has been granted conditional pardon shall incur the obligation of complying strictly with
the conditions imposed therein otherwise, his non-compliance with any of the conditions
specified shall result in the revocation of the pardon and the provisions of Article 159
shall be applied to him.

Art. 96. Effect of commutation of sentence. — The commutation of the original sentence
for another of a different length and nature shall have the legal effect of substituting the
latter in the place of the former.

Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal
institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of
five days for each month of good behavior;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed
a deduction of eight days for each month of good behavior;

3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten days for each month of good behavior; and

4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior.chan robles virtual law library

Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of
his sentence shall be granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 58 of this Code, gives himself up
to the authorities within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe to in said article.

Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of
Prisons shall grant allowances for good conduct. Such allowances once granted shall not
be revoked.

Title Five

CIVIL LIABILITY

Chapter One
PERSON CIVILLY LIABLE FOR FELONIES

Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for
a felony is also civilly liable.

Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal
liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of
Article 11 of this Code does not include exemption from civil liability, which shall be
enforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of age, or
by one over nine but under fifteen years of age, who has acted without discernment, shall
devolve upon those having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority,
legal guardianship or control, or if such person be insolvent, said insane, imbecile, or
minor shall respond with their own property, excepting property exempt from execution,
in accordance with the civil law.

Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit
the harm has been prevented shall be civilly liable in proportion to the benefit which they
may have received.

The courts shall determine, in sound discretion, the proportionate amount for which each
one shall be liable.

When the respective shares cannot be equitably determined, even approximately, or when
the liability also attaches to the Government, or to the majority of the inhabitants of the
town, and, in all events, whenever the damages have been caused with the consent of the
authorities or their agents, indemnification shall be made in the manner prescribed by
special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using
violence or causing the fears shall be primarily liable and secondarily, or, if there be no
such persons, those doing the act shall be liable, saving always to the latter that part of
their property exempt from execution.

Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of


establishments. — In default of the persons criminally liable, innkeepers, tavernkeepers,
and any other persons or corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or
theft within their houses from guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in advance the innkeeper himself, or
the person representing him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper or his representative may
have given them with respect to the care and vigilance over such goods. No liability shall
attach in case of robbery with violence against or intimidation of persons unless
committed by the innkeeper's employees.chan robles virtual law library

Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established
in the next preceding article shall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies committed by their servants,
pupils, workmen, apprentices, or employees in the discharge of their duties.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability. — The civil liability established in Articles
100, 101, 102, and 103 of this Code includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

Art. 105. Restitution; How made. — The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value as
determined by the court.

The thing itself shall be restored, even though it be found in the possession of a third
person who has acquired it by lawful means, saving to the latter his action against the
proper person, who may be liable to him.

This provision is not applicable in cases in which the thing has been acquired by the third
person in the manner and under the requirements which, by law, bar an action for its
recovery.

Art. 106. Reparation; How made. — The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be made accordingly.chan
robles virtual law library

Art. 107. Indemnification; What is included. — Indemnification for consequential


damages shall include not only those caused the injured party, but also those suffered by
his family or by a third person by reason of the crime.

Art. 108. Obligation to make restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same; Upon whom it devolves. — The
obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification likewise descends to


the heirs of the person injured.

Art. 109. Share of each person civilly liable. — If there are two or more persons civilly
liable for a felony, the courts shall determine the amount for which each must respond.

Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a
felony; Preference in payment. — Notwithstanding the provisions of the next preceding
article, the principals, accomplices, and accessories, each within their respective class,
shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries
for those of the other persons liable.

The subsidiary liability shall be enforced, first against the property of the principals; next,
against that of the accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has been enforced, the person
by whom payment has been made shall have a right of action against the others for the
amount of their respective shares.

Art. 111. Obligation to make restitution in certain cases. — Any person who has
participated gratuitously in the proceeds of a felony shall be bound to make restitution in
an amount equivalent to the extent of such participation.

Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101,
102, and 103 of this Code shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
.
Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil
liability as provided in the next preceding article the offender shall continue to be obliged
to satisfy the civil liability resulting from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of deprivation of liberty or other rights,
or has not been required to serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason.

Potrebbero piacerti anche