Beruflich Dokumente
Kultur Dokumente
Suspect --- One who implicated to the commission of a crime (subject of investigation)
Accused --- person who charged of an offense in court and facing trial.
Petitioner --- one who files an application for Probation,parole and pardon
R.A 6506 --- Act creating the Board of Examiners for Criminologists in the Phil. And other purpose.
(approved/effective=July 1,1972)
Criminal ecology --- study of criminality in relation to the spatial distribution in a community.
Criminal epidiomology ---- study of the relationship between environment and criminality.
Criminal physical anthropology ---- study of criminality in relation to Physical constitution of men.
Penology ---- control and prevention of crime and the treatment of youthful offender.
Sociology ---- study of human society, its origin ,structure,functions and directions.
Criminological research ---- study if crime correlated to with antecedent variables ,state of the crime
trend.
Mala prohibitum crime ---- acts that are outlawed because they clash with current norms and public
opinion ,such as tax ,traffic and drugs law.
Mala in se crime --- acts that outlawed because they violate basic moral values such as rape, murder
,assault and robbery .
Hypoglycemia --- which the glucose in the blood falls below levels/efficient brain functioning .
Statutory rape ---- sexual relation between an minor female and an adult male.(11yrsold below)
Edwin Sutherland ---- who introduced the ff definition of criminology. "Dean of criminology "
Henry Goddard ---- He was the first person to use the term "MORON"
SuperEgo ---- resulted from incorporating within the personality the moral standards and values of
parents,community /others /tell what is right from wrong.
Electra complex ---- girls begin to have sexual feeling for their father's .
Erik Erikson ---- "identity crisis"
CRIM SOCIO
CRIMINAL ETIOLOGY- the scientific analysis of all crimes, the Couse of all crime
SOCIOLOGY OF LAW- scientific analysis of the condition under which criminal law was developed
ETYMOLOGY- accusation and study (Italian word criminlogia by: Raffaele Garafalo)
---
PRE-CLASSICAL- also known as demonological school, believe that people that commit crime are demons
(Retribution) (Aristotle, Plato’s)
CLASSICAL- the enlightenment period, free will, hedonistic (pleasure and pain)
NEO CLASSICAL- began during French revolution, introduce the application of mitigating circumstances
in imposing penalties
POSITIVIST/ITALIAN- emphasized the study that criminals are caused by physical stigmata, atavism,
physical features, and biological inheritance
(The holy 3 LOMBROSO, GARAFALO, FERRI) CESARE BECARRIA- he proposed his great essay “On Crime
and Punishment” (Social Contract Theory)*Demonstrated the fault and recommended remedies that all
persons violated a specific law should receive identical punishment regardless of the age, sanity,
position and circumstance JEREMY BETHAM - prolific writer “Greatest Happiness” (Principle of Utility)
PHILIPPINE CRIMINAL JUSTICE SYSTEM
CRIMINAL SOCIOLOGY
2. Prosecution = (NPS/OPG) prosecute the accused on behalf of the state (People of the Phils.)
(Prosecutor =
Petitioner ---- (filed a petition for Motion for reconsideration/New Trial/ Probation, Pardon/Parole)
1. Law Enforcement Pillar (PNP, PDEA, NBI, MMDA, LTO, BIR, LTFRB, Bureau of Customs, Bureau of
Immigration).
Phil. National Police (National in scope and Civilian in Character– appointment is based on the merits
of their
qualifications)
Three Broad Goal : Protection of Life and Property, Ensure Public Safety and Maintenance of Peace
and Order.
Police Discretion = wise use of police own judgment in the absence of order. (influence by the ff:
community attitudes,
Entrapment = ways and means of trapping or capturing a law violator in the act of committing a crime.
Search
Criminal Investigation = art of identifying law violator, locating and tracing them and provide evidence
of guilt.
R.A. 157 = Bureau of Investigation (later named National Bureau of Investigation by virtue of E.O. 94).
R.A. 4864 = Police Professionalization Act of 1966 (created the POLCOM later become NAPOLCOM).
R.A. 6040 = The law which authorized the NAPOLCOM to administer the Entrance Examination for
Philippine National Police
Applicant.
R.A. 6975 = DILG Act of 1990 (creates the DILG and under which are the Tri-Bureaus – PNP, BJMP &
BFP primarily created
R.A. 8551 = PNP reform and Reorganization Act of 1998. (PNP Modernization Act).
R.A. 9708
2. Prosecution (National Prosecution Services/Office of the Prosecutor General) = under the DOJ.
b. Preliminary Investigation (At least 4yrs., 2 mos. & 1 day) = formal proceedings.
Probable Cause = such evidence that would convince a reasonable mind that a crime was committed
or that a certain person
Public Prosecutor (Fiscal) Prosecutes offenses on behalf of the State or People of the Phils.
Prosecution is the process whereby accusation is brought before a court to determine his guilt or
innocence.
Ombudsman (Tanod Bayan) = for offenses committed by Public Officer with Salary Grade of 27 &
above in relation to their
public office.
Special Prosecutors
Public Attorney’s Office (PAO) = provides legal assistance to indigent accused. (Ex-officio Counsel or
Counsel de Officio)
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
1. Functional Units
Bureau - the largest organic functional unit within a
large department; comprised of several divisions.
2. Territorial Units
POLITIA – Roman word which means condition of the state or governmentPOLICE – French word which
was later adopted by the English language
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.
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.
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
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.
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.
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
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.
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
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
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.
ORGANIZATIONAL PRINCIPLES
2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise
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
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.
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
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.
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).
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 educational
qualification for appointment to the PNP and adjusting the promotion system thereof,amending for the
purpose pertinent provisions of RA 6975 and RA 8551 and for other purposes.