Professional Documents
Culture Documents
C. Type line
D. Bifurcation
14.A part of the whorl or loop in which appear the cores, deltas
and ridges.
A. type line
B. bifurcation
C. pattern area
D. furrow
15.Fingerprints left on various surfaces at the crime scene which are
not clearly visible.
A. plane impressions
B. visible fingerprints
C. rolled impressions
D. latent fingerprints
16.The impressions left by the patterns of ridges and depressions on
various surfaces.
A. kiss marks
B. finger rolls
C. thumb marks
D. fingerprints
17.Which among the following is not considered as a basic fingerprint
A. Arch
B. Accidental
C. Loop
D. Whorl
18.The minimum identical characteristics to justify the identity
between two points.
A. Eighteen
B. Fifteen
C. Twelve
D. Nine
19.A fingerprint pattern in which the ridges form a sequence of
spirals around core axes.
A. whorl
B. double loop
C. central pocket loop
D. accidental
20.A fingerprint pattern which one or more ridges enter on either side
of the impression by a recurve, and terminate on the same side
3
pattern?
C. the mind
D. deception
34. It refers to an emotional response to a specific danger, which
appears to go beyond a persons defensive power.
A. Fear
B. Stimuli
C. Response
D. Reaction
35. The primary purpose of pre-test interview.
A. Prepare subject for polygraph test
B. Obtain confession
C. Make the subject calm
D. Explain the polygraph test procedures
36. The deviation from normal tracing of the subject in the relevant
question.
A. positive response
B. specific response
C. normal response
D. reaction
37. The study of the effect of the impact of a projectile on the
target.
A. Terminal Ballistics
B. Internal Ballistics
C. External Ballistics
D. Forensic Ballistics
38. The unstable rotating motion of the bullet is called
A. Trajectory
B. Yaw
C. Velocity
D. Gyroscopic action
39. The part of the mechanism of a firearm that withdraws the shell
or cartridge from the chamber.
A. Extractor
B. Ejector
C. Striker
D. Trigger
40. The pattern or curved path of the bullet in flight.
A. Yaw
B. Range
6
C. Velocity
D. Trajectory
41. This refers to the deflection of the bullet from its normal path
after striking a resistant surface.
A. Misfire
B. Mushroom
C. Ricochet
D. Key hole shot
42. A type of primer with two vents or flash holes.
A. Bordan primer
B. Berdan Primer
C. Baterry Primer
D. Boxer Primer
43. This refers to the helical grooves cut in the interior surface of
the bore.
A. swaging
B. ogive
C. rifling
D. breaching
44. It refers to the unstable rotating motion of the bullet.
A. Trajectory
B. Yaw
C. Velocity
D. Gyproscopic action
45. It is the measurement of the bore diameter from land to land.
A. Calibre
B. Mean diameter
C. Gauge
D. Rifling
46. He is known as the Father of Ballistics.
A. Hans Gross
B. Charles Waite
C. Albert Osborne
D. Calvin Goddard
47. A document in which some issues have been raised or is under
scrutiny.
A. Void Document
B. Illegal Document
C. Forged Document
7
D.
Questioned Document
effaced.
A. Comparison
B. Collation
C. Obliteration
D. Decipherment
55. A document which contains some changes either as an
addition or deletion.
A. inserted document
B. altered document
C. disputed document
D. obliterated document
56. A kind of erasure by using a rubber eraser, sharp knife, razor
blade or picking instrument.
A. mechanical erasure
B. electronic erasure
C. magnetic erasure
D. chemical erasure
57. It is the periodic increase in pressure, characterized by
widening of the ink stroke.
A. Shading
B. pen lift
C. pen emphasis
D. pen pressure
58. A kind of document executed by a person in authority and by
private parties but notarized by competent officials.
A. private document
B. commercial document
C. public document
D. official document
59. The detection and identification of poisons.
A. Bacteriology
B. Posology
C. Toxicology
D. Chemistry
60. The specimen that is preferably used in the determination of
abused drugs in the body.
A. blood
B. saliva
C. body fluid
D. urine
9
Answer: D
determine if it was
A. Bend
B. Folded
C. Stretched
D. Cut
Answer: D
69. All of the following are accurate tests for the presence of alcohol
in the human body except one:
A. Saliva test
B. Harger Breath Test
C. Fecal test
D. Blood test
Answer: C
70. The application of chemical principles and processes in the
examination of evidence.
A. Forensic Medicine
B. Forensic Evidence
C. Criminalistics
D. Forensic Chemistry
Answer: D
71. Volatile poisons may be isolated by means of this process.
A. Dialysis
B. Dilution
C. Distillation
D. Extraction
Answer: C
72. The process in reproducing physical evidence by plaster moulds.
A. Casting
B. Cementing
C. Moulage
D. Sticking
Answer: C
73. The test used to determine the presence of semen particularly
in stained clothing.
A. Florence Test
B. Barberios Test
C. Microscopic Test
D. Ultra-Violet Test
Answer: A
74. The test used to determine the presence of blood in stained
material.
A. Florence Test
B. Barberios Test
C. Takayama Test
D. Phenolphtalein Test
Answer: C
11
Answer: C
Answer: A
Answer: C
Answer: B
84. The Geneticist from Great Britain who pioneered DNA testing and
fingerprinting.
A. Alec Jeffries
B. Lowell C. Van Berkom
C. William Reynolds
D. Henry Van Dyke
Answer: A
D.
superficial wound
Answer: A
A. Ballistics
B. Forensic Ballistics
C. Terminal Ballistics
D. External Ballistics
Answer: A
Answer: A
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
52.
53.
54.
55.
D
C
B
B
C
C
C
D
D
B
D
A
C
B
D
A
C
C
B
B
B
A
D
D
D
A
A
A
A
B
B
D
C
D
D
B
A
D
D
A
D
C
D
C
D
B
26. A
51. C
16
56.
57.
58.
59.
60.
A
D
C
C
D
A.
B.
C.
D.
Hypostatic pressure
Diffusion
Gravitational pressure
All of the above
B. Petechia
C. Abrasion
D. All of them
20. Among the following, which has the greatest value in scientific
examination/identification?
A. Dental examination
B. Fingerprinting
C. Photography
D. Pictures Parle
21. One is a condition that can approximate the time of death.
A. Cadaver
B. Magnus test
C. Rigor mortis
D. None of these
22. The means sanctioned by the law, of ascertaining the judicial
power/proceeding, the truth respecting the matter of fact.
A. Polygraph
B. Evidence
C. Lie detector
D. All of these
23. Determination of individuality of a person or thing:
A. Description
B. Perception
C. Identification
D. All of these
24. Types of fingerprint patters, except:
A. Arches
B. Ordinary
C. Loop
D. Whorl
25. It is any unusual pattern of sexual behavior including habitual,
preference and completing need for sexual gratification by any
means except sexual intercourse which results to bodily
excitement
A. Virginity
B. Sexual intercourse
C. Prostitution
D. Sexual deviation
26. An open wound produced by a sharp-pointed instrument and is
20
Answer: B
34. A metal rod or plate that strikes the cartridge primer to detonate
the powder.
A. Spring
B. Trigger guard
C. Hammer
D. Revolver
Answer: C
35. This is a device for storing cartridges in a repeating firearm for
loading into the chamber. Also referred to as a "clip".
A. Clipper
B. Holder
C. Pin or pinhead
D. None of these
Answer: D
36. A device that fits over the muzzle of the barrel to muffle the
sound of a gunshot. Most work by baffling the escape of gases.
A. Buffer
B. Silencer
C. Magazine
D. Hanger
Answer: B
37. Under the management of Lt. Darby during the American
occupation in the Philippines, a modern and complete fingerprint
file has been established for the Philippine commonwealth. In 1937,
the first Filipino fingerprint technician employed by the Phil.
Constabulary was
A. Mr. Generoso Reyes
B. Mr. Amado Delos Santos
C. Mr. Calixto Solis
D. None of these
Answer: A
38. The first leading judicial decision in the Philippine jurisprudence on
the science of fingerprinting was the case of
A. People vs Medina
B. People vs Pineda
C. People vs Amador
D. People vs. Rosas
Answer: A
39. What is the intermediate and the thickest layer of the hair and is
composed of elongated, spindle-shaped fibrils which cohere? They
22
B. Control test
C. IQ Test
D. Guilt Complex Test
Answer: A
Answer: B
cause the high explosives to exert full power of shock. The speed
varies in different explosive but in some it is as high as 7000 yards
in a second. This refers to
A. Energy
B. Gas
C. Detonation
D. Gun powder
Answer: C
58. What occurs when a cartridge fails to explode on time or delayed
in firing?
A. Knocking Power
B. Hang fire
C. Recoil
D. None of these
Answer: B
59. In China, fingerprint is called ___. It was valued for purposes of
identification since time immemorial as found on a Chinese clay
seal made not later than the 3rd Century B.C.
A. Hua Chi
B. Mah Whang
C. Wong Cho
D. Tiang Hin
Answer: A
60. Who has given the fame title as Father of Dactyloscopy?
A. Johannes Purkinje
B. Leonard Keeler
C. Charles Darwin
D. Sir Francis Galton
Answer: A
61. In Hoogly, district of Bengal, India, he used fingerprints to prevent
fraudulent collection of army pay account and for identification of
other documents. He was known as the Father of Chiroscopy.
A. William Herschel
B. Francis Galton
C. Gilbert Thompson
D. Alphonse Bertillon
Answer: A
62. A noted British anthropologist who began observation which led to
the publication in 1882 of his book Fingerprints. That
established the individuality of classifying fingerprint patterns.
A. Francis Galton
B. Gilbert Thompson
C. Wayne Kate
D. Alphonse Bertillon
Answer: A
63. The notorious gangster and a police character, who attempted to
26
erase his fingerprints by burning them with acid but as time went
by the ridges were again restored to their natural feature.
A. John Fielding
B. Johanes Curie
C. John Dellinger
D. Billy the Kid
Answer: C
64. What is the science of palm print identification?
A. Chiroscopy
B. Poroscopy
C. Podoscopy
D. Astrology
Answer: B
65. A single ridge which splits into two ridges forming a Y shape
formation or structure is commonly known as
A. Diverging ridges
B. Bifurcating ridges
C. Loop
D. Delta
Answer: B
66. Symbolized by letter W in the fingerprint classification. It is a
fingerprint pattern which there are two deltas and in which at
least one ridge makes a turn through one complete circuit.
A. Plain whorl
B. Central pocket loop whorl
C. Accidental loop
D. Ulnar loop
Answer: A
67. Father of Criminalistics.
A. Dr. Hans Gross
B. Dr. Cesare Lombroso
C. Dr. John Reid
D. Dr. John Larson
Answer: A
D.
Disputed facts
Answer: A
A.
B.
C.
D.
Microscopic examination
Ultra violet examination
Photographic examination
Transmitted light examination
Answer: D
76. Ultraviolet radiation is invisible and occurs in the wave lengths just
below the visible blue-violet end of the spectrum (rainbow). These
visible rays react on some substances so that visible light is
reflected, a phenomenon known as
A. Prism
B. Fluorescence
C. Infrared
D. Radiation
Answer: B
77. It is the result of a very complicated series of facts, being used as
whole, combination of certain forms of visible mental and muscular
habits acquired by long, continued painstaking effort.Some
defined it as visible speech.
A. Typewriting
B. Money Bills
C. Handwriting
D. All of these
Answer: C
78. In document examination, what is the relation of parts of the
whole of writing or line of individual letters in words to the
baseline?
A. Proportion
B. Alignment
C. Lining
D. Letter forms
Answer: B
79. Any property or mark which distinguishes and in document
examination commonly called to as the identifying details si called
A. Standard
B. Characteristics
C. Attribute
D. Form
Answer: B
80. The act of setting two or more items side by side to weigh their
identifying qualities; it refers not only a visual but also the mental
act in which the element of one item are related to the
counterparts of the other.
A. Collation
B. Analysis
C. Comparison
D. Recording
Answer: C
29
81. In the study handwriting, the movement of the pen toward the
writer is called
A. Downstroke
B. Backstroke
C. Sidestroke
D. None of these
Answer: A
82. It is a signature, signed at a particular time and place, under
particular conditions, while the signer was at particular age, in a
particular physical and mental condition, using particular
implements, and with a particular reason and purpose for recording
his name.
A. Fraudulent Signature
B. Freehand forged signature
C. Guided Signature
D. Evidential Signature
Answer: D
83. It is the crime of making, circulating or uttering false coins and
banknotes. Literally, it means to make a copy of; or imitate; to
make a spurious semblance of, as money or stamps, with the
intent to deceive or defraud.
A. Counterfeiting
B. Falsification
C. Forgery
D. Fake money bills
Answer: A
84. A fluid or viscous marking material used for writing or printing.
A. Pen
B. Ink
C. Coal
D. Chalk
Answer: B
85. In 1884, who was this insurance agent in New York who patented
the first practical fountain pen containing its own ink reservoir
A. Lewis Waterman
B. John Loud
C. Peter Reynolds
D. Henry Ball
Answer: A
86. What do you calle the type of instrument used in measuring pitch
of rifling firearms
A. Pinometer
B. Helixometer
C. Thermometer
D. Caliper
Answer: B
30
D.
Answer: D
successively greater
Answer: A
27.
28.
29.
30.
B
D
B
B
35
Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience
upward, through the department.
Authority - the right to command and control the behavior of employees in
lower positions within an organizational hierarchy. Must be viewed in terms of prescribed roles
rather than of individuals.
A particular position within the organization. Carries the same regardless of who occupies that
position.
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting
Principles of efficient Management
* Division of work - work specialization can increase
efficiency with the same amount of effort.
* Authority and Responsibility- authority includes the
right to command and the power to require
obedience. One can not have authority without
responsibility.
* Discipline - necessary for an organization to function
effectively, however, the state of the disciplinary
process depends upon the quality of its leaders.
* Unity of Command - subordinate should receive
orders from one superior only.
* Scalar Chain - the hierarchy of authority is the order
of ranks from the highest to the lowest levels of the
organization. Shows the vertical hierarchy of the
organization which defines an unbroken chain of
units from top to bottom describing explicitly the
flow of authority.
Organizational Units in the Police Organization
1. Functional Units
36
the people.
- policemen are civil servants whose key duty is the
preservation of public peace and security.
2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.
CONCEPTS OF POLICE SERVICE
1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than
trying to prevent them from committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.
EARLY POLICING SYSTEM
1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
city), which had the primary task of firefighting and
38
policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word sheriff
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a HUE AND
CRY, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.
MODERN POLICING SYSTEM
1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
39
GOVERNMENT ACT OF
1990, RA 8551 THE PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF
1998 and RA 9708
A. THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG)
- formerly Department of Local Government (DLG)
- reorganized under RA 6975
ORGANIZATION: - consist of:
a) the Department proper
b) existing bureaus and offices of the DLG
c) local government units (LGU)
1) provincial governors
2) city and municipal mayors
d) the National Police Commission
e) the Philippine Public Safety College
f) Philippine National Police
g) Bureau of Fire Protection
h) Bureau of Jail Management and Penology
- the PPSC, PNP, BFP and BJMP were created under RA
6975
- headed by the Secretary to be appointed by the
President and who shall serve at the pleasure of the
President
- the Secretary shall be assisted by two (2)
Undersecretaries and three (3) Assistant Secretaries
a) Undersecretary for Local Government
b) Undersecretary for Peace and Order
- No retired or resigned military officer or police
official may be appointed as Secretary within one
(1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the
National Police Commission
POWERS AND FUNCTIONS OF THE DILG
1. Assist the President in the exercise of general
supervision over local governments;
2. Advise the President in the promulgation of policies,
rules, regulations and other issuances on the general
supervision over local governments and on public
order and safety;
3. Establish and prescribe rules, regulations and other
issuance's implementing laws on public order and
41
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.
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).
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.
department
HIERARCHY - represents the formal relationship
among superiors and subordinates in any given
organization
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION)
- the designation of certain activities or tasks as
ones that must be performed in a highly.
technological,scientific or precise manner
- areas of police specialization include undercover
works, crime scene operations, legal advising,
computer work, SWAT operations and others
SPECIALIZATION OF PEOPLE (SPECIALISTS)
- the designation of particular persons as having
expertise in a specific area of work
- signifies the adaptation of an individual to the
requirements through extensive training
6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom
on the basis of rank or position and authority.
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.
BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM
The institution of police in the Philippines formally
started during the Spanish period. The establishment of
the police force was not entirely intended for crime
prevention nor peacekeeping. Rather, it was created as an
extension of the colonial military establishment.
Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains to
select
able-bodied young men to protect their barangay
during the night and were not required to work
49
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereof,amending for the purpose pertinent provisions of RA 6975 and RA 8551 and for other
purposes.
Administration of Police Organization Review Questions 1
1.A primary subdivision of a bureau with a department wide
responsibility for providing a specific specialized functions.
A.Section
B.Sector
C.Squad
D.Detail
2.A subdivision of a squad
A.Section
B.Unit
C.Sector
D.Detail
3.A subdivision of a unit.
A.Section
B.Unit
C.Squad
D.Detail
4.A subdivision of a section.
A.Precinct
B.Unit
C.Squad
D.Detail
5.The primary geographic subdivision of a precinct.
A.Post
B.Sector
C. Section
D.Unit
6.The primary subdivision of a sector.
A.Post
B.Beat
C. Unit
52
D.Sector
7.One of several tours of duty.
A.Detail
B.Post
C. Shift
D.Beat
8.Fixed geographic location usually assigned to an individual officer
A.Post
B.Beat
C. Shift
D.Section
9.The primary geographic subdivision of the patrol operation bureau.
A. Precinct
B.Section
C. Sector
D.Unit
10.It means planning the work of the department and of the
personnel in an orderly manner.
A.Plan
B.Delegate
C. Oversee
D.Organize
Memorize the following:
1.Organize - it means planning the work of the department and
of the personnel in an orderly manner.
2.Oversee - It means that the supervisor ensures that the work
that has been organized and delegated is satisfactorily
completed.
3.Delegate - It means giving someone else the responsibility
and authority to do something.
4.Precinct - the primary geographic subdivision of the patrol
operation bureau.
5.Post - Fixed geographic location usually assigned to an
individual officer.
6.Shift - one of several tours of duty.
53
B. Cross reference
C. File notation
D. Cross location
10.Making an identifying mark on the item to be stored to indicate
what classifications it is to be filed .
A. Identifying
B. Classifying
C. Coding
D. Differentiating
Remember the ff: Administration of Police Organization
1. Uniform Crime Reporting - A nationwide, cooperative statistical
effort of law enforcement agencies voluntarily reporting data on
crimes brought to their attention.
2. Crime spot map - It post the location of murder's,rapes,
robberies,carnapping and other major crimes of the locality.
3. Traffic spot map - It post the the motor vehicle and pedestrian
accident which occur in the area.
4. Spot map - Useful to indicate the traffic accidents and crime
location.
5. Charged out card - Each time any file is issued, a record should
be made on a color charge-out which is often called a
Substitution Card or an Out Card which takes the place of
a file that has been removed from the cabinet.
6. Personal records - A file showing the history of each police
officer, both prior and subsequent to joining the force, is
indispensable.
7. Correspondence file - This consist of set or records of
communications classified, arranged and filed alphabetically
by the subject to which they pertain.
8. Modus operandi file - This consist of photographic records of
known criminals and describe the procedure how criminals commit
crime.
9. Cross reference - A notation put into a file to indicate that a
record is not stored in that file but in some other location specified
56
1. There are how many staff directorate in the Philippine National Police?
A. 8
B. 10
C. 12
D. 14
2. The second highest ranking officer in the PNP.
A. Deputy Director General for Operation
B. Chief of the Directorial Staff
C. NCR Director
D. None of the Above
3. What is the rank of the PNP Chief of the Directorial Staff?
A. 3 Star General
B. 2 Star General
C. 1 Star General
D. None of the Above
4. This theory of Police service is followed by the PNP.
A. Continental Theory
B. Home Rule Theory
C. Modern Rule Theory
D. None of the Above
5. Under this theory of police service, policemen are considered
servants of the community.
A. Continental Theory
B. Home Rule Theory
C. Modern Rule Theory
D. None of the Above
6. Under this theory of police service, policemen are considered
servants of the higher authority and people have little share
or no share of all there duties nor any direct connection
with them.
A. Continental Theory
B. Home Rule Theory
C. Modern Rule Theory
D. None of the Above
7. This concept of police service says that punishment is the
sole instrument of crime control, throwing more people to jail
rather than keeping them out of jail.
A. Old Concept
B. Modern Concept
C. Community Concept
58
59
C. Principle of balance
D. Principle of delegation result
9. To ensure the effectiveness of the structure in meeting
the organization's objective.
A. Functional Principle
B. Line and Staff principle
C. Principle of balance
D. Principle of delegation result expected
10.That which implies the system of varied functions, arrange
into a workable pattern.
A. Functional Principle
B. Line and Staff principle
C. Principle of balance
D. Principle of delegation result expected
Answer:
1. C
2. A
3. B
4. C
5. A
6. B
7. C
8. A
9. C
10. B
61
C. A and B
D. None of the Above
10.Extended to PNP members who acted conspicuously
beyond and above the call of duty.
A. Regular Promotion
B. Special Promotion
C. A and B
D. None of the Above
Answer:
1. D
2. A
3. C
4. A
5. C
6. D
7. A
8. B
9. A
10. B
64
5
4
3
2
1
- Outstanding
- Very Satisfactory
- Satisfactory
- Fair
Poor
Line Organization - is the simplest and the oldest types of organization where responsibility
extends in a direct line from top to bottom within the structures and authority is definite and
absolute.
line and staff organization is a combination of the line and functional types.
Off Duty - the nature of which the police officer is free from specific routine duty.
On Duty - the period when an officer is actively engaged in the performance of his duty.
Order an instruction given by a ranking officer to a subordinate.
Organization - It is a form of human association for the attainment of goal or objective.
patrol officer - is the backbone of the police department.
PD 765 - created the PC-INP.
Police - is a branch of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
Police organization - is a group of trained personnel in the field of public safety administration
engaged in the achievement of goals andobjectives that promotes the maintenance of crimes.
Post - a fixed point or location to which an officer is assigned for duty, such as a designated desk
or office or an intersection or cross walk from traffic duty.It is a spot location for general guard
duty.
Ranking Officer- the officer who has the senior rank in a team or group.
RA 4864 - established Napolcom.Known as police act of 1966.
Rafael Crame - first filipini chief of the constabulary.
Report - usually a written communication unless otherwise specifies to be verbal reports;
verbalreports should be confirmed by written communication.
Route - (line beat) a length of street designated for patrol purposes.
Section - functional units within a division.
Sector - an area containing two or more beat, route, or post.
Sick leave - period which an officer is excused from active duty by reason of illness or injury.
67
Special Duty - the police service, its nature, which requires that the officer be excused from the
performance of his active regular duty.
Superior Officer- one having supervisory responsibilities, either temporarily or permanently, over
officers of lower rank.
Suspension - a consequence of an act which temporarily deprives an officer from the privilege of
performing his duties as result of violating directives or other department regulations.
Sworn Officers - all personnel of the police department who have taken oath and who posses the
power to arrest.
Unit - functional group within a section; or the smallest functional group within an organization.
69
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
B
A
A
A
A
A
B
D
C
B
A
A. Police Patrol
B. Police Investigation
C. Police Intelligence
D. None of the Above
6. From the time of the receipt of the call by the police
dispatcher to the arrival of the mobile patrol at the scene.
A. Response Time
B. Preparation Time
C. Speed Time
D. None of the Above
7. Which of the following kind of patrol is most effective in
parade and crowd control.
A. Foot Patrol
B. Horse Patrol
C. Mobile Patrol
D. Aircraft Patrol
8. One of the advantage of this kind of patrol is stealth
silence for movement.
A. Foot Patrol
B. Bicycle Patrol
C. Mobile Patrol
D. Horse Patrol
9. An electronic equipment that has helped the police in its
record, storage, and location system.
A. Walkie Talkie
B. Vault
C. File Room
D. Computer
10. One electronic gadget or equipment that has assisted
immediately the police investigation and interrogation
in his work.
A. Walkie Talkie
B. Tape Recorder
C. Computer
D. None of the Above
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
D
D
C
D
A
A
B
B
D
B
Answer:
1. B
2. B
3. A
4. A
5. D
6. D
7. A
8. C
9. C
10.D
74
Answer:
75
1. C
2. A
3. B
4. D
5. D
6. A
7. C
8. D
9. B
10. C
C. Special Order
D. Office Manual
6. The Japanese Military Police.
A. Kempetai
B. Sepuko
C. Arigato
D. Kimchi
7. The Manila Police Department was formally organized on this date.
A. July 31, 1901
B. July 31. 1902
C. August 1, 1901
D. August 1, 1902
8. The PC (Philippine Constabulary) was organized as the first insular
police force on this date.
A. July 31, 1901
B. July 31, 1902
C. August 1, 1901
D. August 1, 1902
9. The First Chief of the PC (Philippine Constabulary).
A. Ronald John Hay
B. Henry Allen
C. George Cury
D. John Burnham
10. The First chief of police of Manila.
A. Henry Allen
B. George Cury
C. Howard Taft
D. Tomas Clark
Answer:
1. A
2. B
3. C
4. C
5. A
6. A
7. A
8. C
9. B
10. B
77
command post/holding area - area where case conferences, briefings and debriefings
are being conducted by the responding agencies.
78
dragnet operation - is a police operation purposely to seal off the probable exit points of
fleeing suspect from the crime scene to prevent their escape.
A. Planning
B. Organizing
C. Directing
D. Controlling
3. It involves the overseeing and supervising of the human
resources and the various activities in an organization
to achieve through cooperative efforts the pre-determined
goals or objectives of theorganization.
A. Planning
B. Organizing
C. Directing
D. Controlling
4. It involves the checking or evaluation and measurement of
work performance and comparing it with planned goalsor
objectives of the organization, and making thenecessary
corrective actions so that work is accomplished as planned.
A. Planning
B. Organizing
C. Directing
D. Controlling
5. The task of providing competent men to do the job and choosing
the right men for the right job-involves good selection and
processing of reliable and well-trained personnel.
A. Staffing
B. Reporting
C. Budgeting
D. Controlling
6. The making of detailed account of activities, work progress,
investigations and unusual in order to keepevery one informed
or what is going on.
A. Staffing
B. Reporting
C. Budgeting
D. Controlling
7. The forecasting in detail of the results of an officially
recognized program of operations based onthe highest
reasonable expectations of operatingefficiency.
A. Staffing
B. Reporting
C. Budgeting
D. Controlling
80
Answer:
1. A
2. B
3. C
4. D
5. A
6. B
7. C
8. A
9. B
10. C
82
Answer:
1. A
2. B
3. C
4. A
5. B
6. C
7. A
8. B
9. C
10. D
c. Delegation of Authority
d. Chain of Command
2. Five Approaches in Planning
a. Synoptic Planning
- feasibility study
- acceptability study
- cost effective analysis
b. Must and Wants analysis
c. Incremental Planning
d. Trans-active Planning
e. Advocacy Planning
88
Answer:
1. A
2. C
3. B
4. D
5. C
6. A
7. B
8. C
9. D
10. C
Notes:
1. Types of Plans
a. Policy/Procedural Plan
b. Tactical plan
c. Operational Plan
d. Extra-Office Plan
e. Management Plan
2. Henry Fayol - (1841 - 1926) - concern was efficiency and
effectiveness of the entire organization characterized by
five specific functions.
a. Planning
b. Organizing
c. Commanding
d. Coordinating
e. Controlling
3. Five M of management
a. Manpower
b. Machine
c. Money
d. Means/Method
e. Material
91
92
Tactical Intelligence - information regarding a specific criminal event that can be used
immediately by operational units to further a criminalinvestigation plan tactical operations and
provide for officer safety.
Open Source - refers to any information that can be legitimately obtained e. free on
request, payment of a fee.
Source - the place or person from which information is obtained.
Intelligence Assessment - is the development of forecasts of behavior or
recommended courses of action to the leadership of an organization based on a wide range of
available information sources both overt and covert.
Intelligence Analysis - is the process of taking known information about situations and entities
of strategic, operational, or tactical importance, characterizing the known and with appropriate
statements of probability. the future actions in those situations and by those entities.
Cryptanalysis - from the Greek word Kryptos-hidden and Analyein-to loosen or to unite - is the
art of defeating cryptographic security systems and gaining access to the contents of encrypted
messages without being given the cryptographic key.
93
94
Answer
1.
2.
3.
4.
C
A
D
A
95
5.
6.
7.
8.
9.
10.
B
A
B
B
B
A
A. Strategic intelligence
B. Counter intelligence
C. Tactical intelligence
D. Long-term intelligence
7. Concerns with the security of information,personnel,material
and installations.
A. Strategic intelligence
B. Counter intelligence
C. Tactical intelligence
D. Long-term intelligence
8. Deals with political,economic,military capabilities and vulnerabilities
of all nations.
A. Strategic intelligence
B. Counter intelligence
C. Tactical intelligence
D. Long-term intelligence
9. Tradecraft techniques for placing drops by tossing them while
on the move.
A. Tosses
B. Dropping
C. Throwing
D. Drops
10.A dead drop that will be retrieved if it is not picked up by the
intended recipient after a set time.
A. Picked drop
B. Timed drop
C. Abandoned drop
D. Recovered drop
You may want to read the ff: intelligence and secret service
A. Four Axioms of intelligence
1. Intelligence is crucial to intel security
2. Intelligence is crucial to all types of operations
3. Intelligence is the responsibility of all intelligence agencies
4. Intelligence of the government must be superior
to that of the enemy.
B. Intelligence - product resulting from the collection,evaluation
analysis,integration and the interpretation of all available
information.
- is a processed information.
97
98
C. Drop
D. Safe house
10.When an operation goes bad and the agent is arrested.
A. Rolled up
B. Rolled down
C. Burned out
D. Burned down
100
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B
B
B
B
C
A
C
A
D
A
101
1. Regular
2. Secondary
3. Emergency
4 Phases/Steps of Informant Recruitment
1. Selection
2. Investigation
3. Approach
4. Testing
Area of Interest subject of information gathering (person,place,things or an activity)
Briefs the form in which the finished product of intelligence is presented to the commander in
the police department.
Bugging the placement of a hidden microphone in a particular room to obtain information.
Burned the agent was identified and known.
CIA established in 1946.
Ciples are fundamental guides to action, broad statement of truth from which others are
derived.
Classification/Types Of Police Intelligence
1. Strategic Intelligence
2. Counter Intelligence
3. Line Intelligence
Coding is the process of putting the codes and ciphers to plain text message.
Collate to bring together and compare the truthfulness of the information.
Collection to accumulate knowledge on a subject or area of interest.
Cooperative Members of the Community - a rich source of information on criminals, criminal
102
107
Person convicted of any crime involving moral turpitude shall not be employed as
security guard or private detective.
Private detective, detective agency, security guard, security agency must first obtain
license from the PNP.
Employees employed solely for clerical or manual work need not be licensed.
The license shall be displayed at all times in a conspicuous and suitable place in the
agency office.
The PNP shall exercise general supervision over the operation of all private detective and
security guard agencies.
The City/Municipal Mayors has the power as director of the City/Municipal civil defense
to deputize private detective and security guards to help maintain peace and order or
prevent or arrest law violators in case of emergency or in times of disaster or calamity.
They shall take orders from the Chief of Police for the duration of the fire, inundation,
earthquakes, riots or other emergency.
Agency is entitled to possess firearm not exceeding one firearm for every security guard
in its employ.
Security guard is entitled to possess not more than one riot gun or shotgun.
Firearms shall be carried by the security guard only during his tour of duty in proper
uniform within the compound of the establishment except when he escorts big amount of
cash or valuables in or out of said compound.
The Chief PNP shall prescribe the uniform, ornaments, equipment and paraphernalia to
be worn by the security guards.
Salary of security guard - not lower than the minimum wage prescribe by law.
Frank Wills - detected the Watergate burglars ultimately leading to the resignation of
US president Richard Nixon.
Target hardening - the reduction in criminal opportunity, generally through the use of physical
barriers, architectural design and enhanced security measures of a particular location.
Defensible Space - the range of mechanisms that combine to bring an environment under the
control of its residents.
Demography - the study of the characteristics of population groups.
Principles of Physical Security
1. An intruder must be able to acquire access to the
property in order to benefit.
2. The type of access necessary will depend upon a
number of variable factors and therefore may be
achieved in a number of ways.
3. There is no impenetrable barrier.
4. Security is built upon a system of defense in depth
resulting to accumulated delay time which may lead
to the apprehension of the intruder.
5. Each installation is different from the others.
2 Kinds of Barriers
1. Natural
2. Artificial
5 Types of Barriers
1. Human
2. Animal
3. Natural
4. Energy/Electrical/Electronic
5. Structural
3 Line of Defense
1. Perimeter Barrier - 1st line of defense.
2. Building Exterior - 2nd line of defense.
3. Interior Controls - 3rd line of defense.
Perimeter Barrier - main purpose is to deny or impede access or exit of unauthorized persons.
Other Purposes
1. It defines the boundary of the property to be
secured.
111
Structural barriers - features constructed by man regardless of their original intent that tends to
delay the intruder.ex.walls,ceilings,locks,safe,windows.
Human barriers - guards,charges of quarters,office personnel,shop workers etc. who stand
between the intruder and the matter to be protected.
Animal barriers - usually guard dog.ex. trained German shepherds used as guards,goose,and
turkeys can also be included.
Energy barriers - usually electrical or electronics devices used to provide assistance to guard
personnel.ex. protective lightnings,antiintrusion devices.
Full view fence - it is designed primarily to prevent physical access between two
areas.Constructed in such a way that visual access is permitted through the fence.
Physical Security Features:
1.Natural barriers - natural terrains features must be
considered from the stand point of their values to
intruder as cover and concealment.Normally the
first type considered very often we have to accept
and work around them.
2.Fences
a. solid fence - one is constructed in such a way that
visual access through the fenced structure is
denied.
b. full view fence - constructed in such a way that
usual access is permitted through the fence.
Advantages of a full view fence
1. removing patrols and stationary guards are able to
keep area surrounding of the installation under
observation.
2. it does not create shadows which would provide
cover and concealment for the intruder.
Disadvantages of a full view fence
1. It allows visual access to the installation,its
personnel,its guard and its activities.
2. It allows the intruders to become familiar with the
movements and the time schedule of the guard
patrols thereafter allowing him to pick the time for
attempting penetration which would most
advantageous to the intruder.
Advantages of solid fence
113
5. Subversion
6. Sabotage
7. Espionage
8. Pilferage
9. Theft
10.Vandalism
Protective Security - measures taken by an installation or unit to protect against
sabotage,espionage or subversion and at the same time provide freedom of action in order to
provide the installation or unit with the necessary flexibility to accomplish its mission.
3 Aspects of Security
1. Physical Security - measures taken to prevent
physical access or entry to an installation.
2. Personnel Security - measures taken to insure
that only authorized personnel have access to
classified documents or information.
3. Document and Information Security
Types of Security
1. Physical Security - the most broad.
2. Industrial Security - security of business
installations and industrial plants.
3. VIP Security - protection of high level officers and
important personnel.
4. Bank Security - security of money and assets
stored or in transit.
5. Hotel Security - security for hotel guest and their
personal belongings and property as well as
properties of the hotel.
6. Document security - protection of vital records
from loss or unauthorized access.
7. Communication Security - measures to prevent or
delay the unauthorized person in gaining
information through communication.
Physical Security
* Protective barrier - is the physical type of security.
* Barrier - any structure or physical device capable
of restricting,deterring,delaying illegal access into
installations.
* Perimeter barrier - a medium or structures which
define the physical limits of an installation or area
to restrict or impede access thereto.Any physical
barrier used to supplement the protection of the
inside perimeter.
118
A. 25 Years of Age
B. 30 Years of Age
C. 35 Years of Age
D. 40 Years of Age
9. The Operator or Manager of a security agency must be at
least a
A. Ph. D. Degree Holder
B. Master's Degree Holder
C. College Graduate
D. High School Graduate
10. An Operator or Manager of a security agency must have no
previous record of any conviction of any crime or offense
involving
A. Crimes Against Person
B. Crimes Against Property
C. Crimes Against Chastity
D. Moral Turpitude
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A
D
B
A
D
A
D
A
C
D
B. College Graduate
C. Physically and Mentally Fit
D. Not More Than 50 Years Old
3. A Security Guard must be at least
A. 5'2" in Height
B. 5'3" in Height
C. 5'4" in Height
D. 5'5" in Height
4. A Security Guard must not be less than
A. 19 Years of Age
B. 20 Years of Age
C. 21 Years of Age
D. 22 Years of Age
5. Who has the power to promulgate the rules and regulations
to carry out the provisions of R.A. No. 5487
A. The President of the Philippines
B. The DILG Secretary
C. The Chief of the PNP
D. The DOJ Secretary
6. Who has the power to exercise general supervision over
the operation of all Private Detective or Security Guard
Agencies?
A. LGU
B. DILG
C. PNP
D. DOJ
7. A Security Agency is entitled to possess firearm in a number
not exceeding
A. One Firearm For Every Two Security Guard
B. One Firearm For Every Three Security Guard
C. One Firearm For Every Four Security Guard
D. One Firearm For Every Five Security Guard
8. When may a security guard carry firearm outside of the
establishment he is guarding?
A. In Case of Emergency or Disaster
B. When Summoned By PNP Member For Help
C. When In Hot Pursuit Of A Thief Or Robber
D. When He Escorts Big Amount Of Cash
124
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B
B
C
C
C
C
A
D
B
A
A. One
B. Two
C. Three
D. Four
3. Security Agencies may offer or render services to the
following establishments except one
A. Night Clubs
B. Coffee Shops
C. Gambling Dens
D. Restaurants
4. The Chief PNP in issuing rules and regulations implementing
R.A. No. 5487 or the Private Security Agency Law must
consult with the
A. SAGSD
B. PADPAO
C. DILG
D. LGU
5. A Violation of the provisions of the private security agency
law may result in any of the following except one
A. Suspension
B. Fine
C. Cancellation of License To Operate
D. None of the Above
6. In a Security Agency, All of the following except one
should secure a license
A. Those employed to manage the agency
B. Those employed to supervise the security guards
C. Those employed to do investigative work
D. Those employed solely to do clerical work
7. A Written Order or Schedule issued by a superior officer
assigning the performance of private security or detective
services duties is known as
A. License To Operate
B. Designation Order
C. Duty Detail Order
D. License To Exercise Profession
8. In a Security Agency, Which of the following is allowed to
issue Duty Detail Order?
126
A
A
C
B
D
D
C
A
D
A
B. DTI Registration
C. Articles of Incorporation
D. License To Operate
9. Services of any security personnel may be terminated on
which of the following ground?
A. Expiration of Contract
B. Revocation of License To Exercise Profession
C. Physical and Mental Disability
D. All Of The Above
10. All of the following except one is a ground for the
termination of the services of any security personnel
A. Violation of Pertinent Rules Promulgated by the PNP
B. Conviction of a Crime Involving Moral Turpitude
C. Lost of Trust and Confidence
D. Filing of a Criminal Offense in the Prosecutor's Office
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B
B
B
B
B
B
D
D
D
D
1. Agency Guards
2. Company Guards
3. Government Security Guards
Access List an authenticated list of personnel given to security allowing entry to a
compound or installation or a part thereof.
129
1. Pilferage
2. Sabotage
3. Arson
Key Control the management of keys in a plant, office or business organization to
prevent unauthorized access.
Main Office all agencies shall maintain a main office in their registered addresses.
PADPAO Philippine Association of Detective and Protective Agency Operator
PCSUSIA/SAGSD the government agency that issues licenses for private and
government security guard.
Perimeter Barrier the first line of physical defense of a building, compound, or
comples viewing from the outside.
Peterman a term used in England for lock pickers, safe crackers and penetrators of
restricted/prohibited areas.
130
Private Detective any person who does detective work for hire, reward or
commission other than members of the PNP, NBI, AFP, BJMP and other law
enforcement agency of the government.
Private Detective Qualifications in addition to those prescribed for a security
guard.
1. Filipino Citizen
2. High School Graduate
3. Physically and Mentally Fit
131
132
A. covert
B. overt
C. active
D. underground
Answer: A
requirements.
A.tactical plan
B.financial plan
C.work plan
D.control plan
Answer: B
22. The term used for the object of surveillance is a subject while
the investigator conducting the surveillance is:
A.rabbit
B.surveillant
C.traffic enforcement
D.patrol
Answer: A
23. It is a police function which serves as the backbone of the
police service. In all types of police stations, there is a specific
unit assigned to undertake this function in view of its
importance.
A.vice control
B.criminal investigation
C.traffic management
D.patrol
Answer: D
24. It is the weakest link in security chain.
A.managers
B.Barriers
C.Personnel
D.inspections
Answer:
B.
C.
C. burnt out
D. get out
Answer: C
34. Small alley like those in the squatters area of Tondo can be
best penetrated by the police through:
A. foot patrol
B. mobile patrol
C. highway patrol
D. helicopter patrol
Answer: A
35. Some of the instructions in foot surveillance are the following,
EXCEPT
A. stop quickly, look behind
B. drop paper, never mind what happens to the paper
C. window shop, watch reflection
D. retrace steps
Answer: B
36. On many occasions, the bulk of the most valuable information
comes from:
A. business world
B. newspaper clippings
C. an underworld informant
D. communications media
Answer: B
37. Highly qualified police applicants such as engineers, nurses and
graduates of forensic sciences can enter the police service as
officers through:
A. regular promotion
B. commissionship
C. lateral entry
D. attrition
Answer: C
38. Police Inspector Juan Dela Cruz is the Chief of Police of a
municipality. He wants his subordinates to be drawn closer to
the people in the different barangays. He should adopt which
of the following projects?
A. COPS on the blocks
B. Oplan Bakal
C. Oplan Sandugo
D. Complan Pagbabago
Answer: A
39. What should be undertaken by a Security Officer before he can
prepare a comprehensive security program for his industrial
plan?
A. security conference
B. security check
138
C. security survey
D. security education
Answer: C
40. This patrol method utilizes disguise, deception and lying in wait
rather than upon high-visibility patrol techniques.
A. low-visibility patrol
B. directed deterrent patrol
C. decoy patrol
D. high-visibility patrol
Answer: A
41. It enforces all traffic laws and regulations to ensure the safety
of motorists and pedestrians and attain an orderly traffic.
A. Civil Relations Unit
B. Traffic Operations Center
C. Traffic Management Command
D. Aviation Security Command
Answer: C
42. A method of collecting information wherein the investigator
merely uses his different senses.
A. observation
B. casing
C. research
D. interrogation
Answer: A
43. In stationary surveillance, the following must be observed,
EXCEPT
A. never meet subject face to face
B. avoid eye contact
C. recognize fellow agent
D. if burnt out, drop subject
Answer: C
44. Pedro is a thief who is eying at the handbag of Maria. PO1
Santos Reyes is standing a few meters from Maria.The thiefs
desire to steal is not diminished by the presence of the police
officer but the _______________ for successful theft is.
A. ambition
B. feeling
C. intention
D. opportunity
Answer: A
45. Graduates of the Philippine National Police Academy (PNPA) are
automatically appointed to the rank of:
A. Senior Superintendent
B. Inspector
C. Senior Police Officer 1
D. Superintendent
Answer: C
139
52. This is a person who does detective work for hire, reward or
commission, other than members of the AFP, BJMP, provincial
guards, PNP or any law enforcement agency of the
government.
A. Secret Agent
B. Tiktik
C. Private detective
D. Undercover
Answer: C
53. The uprightness in character, soundness of moral principles,
honesty and freedom from moral delinquencies is referred to as
A. integrity
B. loyalty
C. discretion
D. moral
Answer: A
54. Going east while foot patrolling and turning right after reaching
the end of your beat and turning right after reaching the other
end of the road and again turning right until you completed
the cycle by reaching back to your origin of patrolling.What
patrol pattern have you applied?
A. clockwise
B. straightway
C. counter clockwise
D. free-wheeling
Answer: A
55. Which theory of patrol state that police visibility increases the
opportunity to apprehend criminals by soothing them and letting
them believe that their crimes will not be detected?
A. low profile theory
B. high visibility
C. theory of omnipresence
D. team policing
Answer: A
56. Without air force capability, patrol operation that covers large
park areas, grassy fields or wooded areas requires the use of
A. bike patrol
B. horse patrol
C. marine patrol
D. helicopter patrol
Answer: B
57. Which of the following refers to the long range planning?
A. Intermediate
B. Strategic
C. Medium
141
D.
short
Answer: B
142
65. Criminals can hear the sound of the helicopter coming and so
element of surprise is lost which is one of the ________
of air patrol:
A. advantages
B. features
C. disadvantages
D. import
Answer: C
66. What is the patrol used to locate prowlers, burglars hiding in
large buildings or stores, and the control of unruly crowds and
riots?
A. foot
B. horse
C. bicycle
D. dog
.
Answer: D
67. Which of the following laws established the Police Organization
under the DILG?
A. R.A. 5487
B. R.A. 8551
C. R.A. 1174
D. R.A. 6975
Answer: D
68. Who is the most important officer in the police organization?
A. investigator
B. patrol officer
C. traffic officer
D. The Chief of Police
Answer: B
69. Which of the following is the oldest warning device?
A. trumpet
B. horn
C. radio
D. siren
Answer: A
70. What type of cover uses actual or true background?
A. artificial
B. multiple cover
C. natural
D. cover within a cover
Answer: C
71. What is the principle of organization suggesting that
communication should ordinarily go upward and downward
through establish channels in the hierarchy?
A. Chain of Command
B. Span of Control
143
C. Unity of Command
D. Delegation of Authority
Answer: A
72. What is the optional retirement for officers and new officers of
the police service?
A. 15 years
B. 25 years
C. 30 years
D. 20 years
Answer: D
73. Governors and mayors, upon having been elected and having
qualified as such,are automatically deputized as representatives
of the
A. NAPOLCOM
B. DND
C. PLEB
D. none of these
Answer: A
74. It is constitutionally and legally mandated to administer and
control the Philippine National Police.
A. DILG
B. DND
C. NAPOLCOM
D. DFA
Answer: C
75. It is the central receiving entity for any citizens complaint
against the members and officers of the PNP.
A. DILG
B. NAPOLCOM
C. PLEB
D. IAS
Answer: C
76. When we say that a commander is directly responsible for any
act or omission of his subordinates in relation to the
performance of their official duties, we are referring to:
A. chain of command
B. delegation of responsibility
C. Command responsibility
D. span of control
Answer: C
77. A police strategy which aims to directly involve members of the
community in the maintenance of peace and order by police
officers.
A. Integrated Police System
B. Comparative Police System
C. Police Visibility
144
D.
145
83. In the history of our police force, who was the first Director
General of the Philippine National Police (PNP)?
A. Gen. Cesar Nazareno
B. Gen. Raul Imperial
C. Gen. Umberto Rodriquez
D. Gen. Recaredo Sarmiento
Answer: A
84. The premier educational institution for the training, human
resource development and continuing education of all the
personnel of BJMP, BFP and PNP.
A. PNPA
B. PCCR
C. PNTC
D. PPSC
Answer: D
85. Under the law,the city/municipal jail warden should have a rank
of __.
A. Inspector
B. Chef Inspector
C. Senior Inspector
D. Superintendent
Answer: C
86. The required rank for the Chief of Jail Bureau.
A. Chief Superintendent
B. Director General
C. Director
D. Deputy Director General
Answer: C
87. It exercise supervision and control over the provincial jails.
A. BJMP
B. Bureau of Prisons
C. Department of Justice
D. Provincial Government
Answer: D
88. The required rank for the head of the Fire Bureau.
A. Chief Superintendent
B. Director General
C. Director
D. Deputy Director General
Answer: C
89. It exercise supervision and control over all city and municipal
jails.
A. BJMP
B. Bureau of Prisons
C. Department of Justice
D. Local Government
Answer: A
146
Answer: B
97. One of the following exercises control and supervision over the
PNP units during elections.
A. NBI
B. Ombusdman
C. COMELEC
D. DILG
Answer: C
98. The number of eligible for which the Regional Director may
recommend for Provincial Director to the governor is __.
A. 2
B. 3
C. 5
D. 4
Answer: B
99. Who is the current Chief of the PNP?
A. Nicanor Bartome
B. Nicanor Bartomeo
C. Nick Bartolome
D. Nicanor Bartolome
Answer: C
148
Answer: D
C. Relieving
D. Accounting
Answer: A
A. Security education
B. Security check
C. Security survey
D. Security Inspection
Answer: C
151
Answer: D
the company.
A. Duress code
B. Pass system
C. ID
D. Access list
Answer: B
B. Paging system
C. Radio
D. All of them
Answer: D
A. BI
B. LAC
C. NAC
D. PSI
Answer: D
Answer: B
entity.
A. Insular security force
B. Company security force
C. Government security unit
D. Private security agency
Answer: C
B. 3 years
C. 2 years
D. 1 year
Answer: D
C. Communication security
D. All of the above
Answer: B
Answer: B
Answer: C
189. One who steals with pre conceived plans and takes always
any or all types of items or supplies for economic gain.
A. Casual pilferage
B. Systematic pilferage
C. Pilferage
D. None of the above
Answer: B
190. What date is the Republic Act No. 5487 or the private security
agency law passed?
A. June 13, 1999
B. June 13, 1969
C. June 7, 2009
D. June 31, 1969
Answer: B
191. A natural hazards or acts of god.
A. Calamity
B. Phenomenon
C. Disaster
D. Force majeure
Answer: D
A. Risk reduction
B. Probable maximum loss
C. Risk transfer
D. Possible maximum loss
Answer: D
Relative Weight
164
20%
20%
15%
20%
15%
10%
a corporation
an individual person
no incarceration
Criminal Law
1. Filed by the government
2. Penalty: a guilty defendant is punished by
C. Prospective
D. None of the above
7. One of the following is not an exceptions to the territorial
principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of
the Philippines or the obligations and securities issued
by the government.
C. Crimes committed against national security and the law of
nations.
D. Crimes committed against public order.
8. Criminal law does not have any retroactive effect. This
characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
9. When the law is favorable to the accused, is an exception
to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose
between good and evil. The purpose of penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
C
D
A
D
C
B
D
C
C
A
169
170
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B
B
D
C
A
C
B
B
A
B
D. Omission
2. There is no crime when there is no law punishing it. In
criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus
3. These Felonies are committed by means of deceit (dolo).
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
4. These Felonies are committed by means of fault.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
5. This classification of felony has the following requisites,
freedom, intelligence, and intent.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
6. This classification of felony has the following requisites:
freedom, intelligence, negligence, and imprudence.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
7. Which of the following is not a characteristics of an offense
mala in se?
A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into
account in imposing penalty
D. Degree of participation when there is more than one
offender is generally not taken into account
8. Which of the following is not a characteristic of an offense
mala prohibita?
172
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
D
A
B
A
B
A
D
D
A
B
overt acts b. Does not perform all acts which would produce
the felony c. His acts are not stopped by his own spontaneous
desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
9. In the stages of execution of felonies, the element that all
acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
10. Which of the following do not admit of frustrated and
attempted stages?
A. Offenses punishable b y special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A
B
C
C
D
A
B
C
C
D
D
C
B
B
A
B
C
A
C
D
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above
10. Those which if present in the commission of the crime
reduces the penalty of the crime but does not erase criminal
liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
D. Exempting circumstance
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B
A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above
Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B
D. Quasi-recidivism
5. Where a person within a period of ten years from the date
of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of the sdaid crimes a third time
or oftener. This extra ordinary aggravating circumstance is
known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
6. Where a person commits felony before beginning to serve
or while serving on a previous conviction for a felony.
This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
7. This aggravating circumstance involves the use of
intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
8. This aggravating circumstance involves the use of insidious
words or machinations to induce the victim to act in a manner
which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
9. This aggravating circumstance involves resorting to any
device to conceal identity.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
10. Astucia means
A. Craft
B. Fraud
182
C. Disguise
D. None of the Above
11. Disfraz means
A. Craft
B. Fraud
C. Disguise
D. None of the Above
Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C
184
B. Self-Defense
C. Reformation
D. Exemplarity
3. A Theory justifying penalty so as to protect society from
the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
4. A Theory Justifying penalty where the object of punishment
in criminal cases is to correct and reform the offender.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
5. A Theory justifying penalty where the criminal is punished
to serve as an example to deter others from committing
crimes.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
6. A Theory justifying penalty, that crime must be punished
by the state as an act of retributive justice, a vindication
of absolute right and moral law violated by the criminal.
A. Theory of Prevention
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
7. A Legislative Act which inflicts punishment without trial.
A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
D. None of the Above
8. Which of the following is not an Ex Post Facto Law?
A. A Law which makes criminal an act done before the
passage of the law and which was innocent when done.
B. A Law which aggravates a crime or makes it greater than
it was when committed.
C. A Law which changes the punishment and inflicts a greater
186
187
11. A
12. C
A. Piracy
B. Mutiny
C. High Jacking
D. Robbery on the the High Seas
7. The Unlawful Resistance to a superior or the raising of
commotions and disturbances on board a ship against the
authority of its commander.
A. Piracy
B. Mutiny
C. High Jacking
D. Rebellion
8. Anti-Hijacking Law is known as
A. R.A. No. 6553
B. R.A. No. 6523
C. R.A. No. 6253
D. R.A. No. 6235
9. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is
known as
A. P.D. No. 532
B. P.D. No. 523
C. P.D. No. 253
D. P.D. No. 235
10. The deprivation by a public officer of the liberty of a person
without any legal ground.
A. Arbitrary Detention
B. Illegal Detention
C. Kidnapping
D. None of the Above
Answer:
1. D
2. B
3. B
4. C
5. A
6. A
7. B
8. D
9. A
10. A
189
B. Sedition
C. Treason
D. Rebellion
8. This felony involves the raising of commotions or disturbances
in the State. Its ultimate object is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
A. Coup D' Etat
B. Rebellion
C. Sedition
D. Treason
9. Committed by a person who being under oath and required to
testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something
contrary to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
10. Lax, Unrestrained, immoral, maintainer of house of
prostitution.
A. Dissolute
B. Prostitutes
C. Ruffians
D. Vagrants
Answer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
D
A
C
B
A
A
C
C
D
A
4. Parricide
5. Murder
6. Infanticide - however,if any crime penalized in this article be
committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
8. Robbery - when by reason or on occasion of the robbery, the crime
of homicide shall have been committed, or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
9. Destructive Arson
10.Rape - a. committed with the use of deadly weapon or by two or
more persons.
b. when by reason or on the occasion of the rape, the
victim has become insane.
c. when the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof.
11.Plunder
12.Violations of Dangerous Act
13.Carnapping
General rule: the death penalty shall be imposed in all cases upon
which it must be imposed under existing laws.
Exceptions: in which cases the penalty shall be reduced to reclusion
perpetua.
1. When the guilty person is below 18 years of age at the time of the
commission of the crime.
2. When the guilty person is over 70 years
Criminal Procedure
Introduction:
Etymology:
Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of
any criminal offense, and their punishment, in case of conviction.
It is concerned with the procedural steps through which a criminal casepasses, commencing with
the initial investigation of a crime and concluding with the unconditional release of the offender.
It is a generic term used to describe the network of laws and rules whichgovern the procedural
administration of criminal justice.
Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three
requisites, namely:
Subject matter cases of the general class where the proceedings in question belong as
determined by the nature of the offense and by the penalty imposed by law;
Territory the geographical limits of the territory over which the court presides and where
the offense was committed; and
Person of the accused acquired thru: a) arrest [with warrant or warrantless] or b) voluntary
surrender.
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.
194
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public
officer charged with the enforcement of the law violated].
May be filed in the prosecutors office or directly to the court
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for theoffense involved.
Elements of a complaint or information:
1. Formal elements, and
2. Substantive elements.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in
substance .
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]
1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.
A complaint or information is sufficient in substance if it doesnt contain any of the defects
which is a ground for a motion to quash. (Section 3, Rule 117)
Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).
Remedy if a complaint or information is defective:
I. If defective in form
a) court may dismiss the complaint or information motu propio or upon motion, or
b) accused may move for a BILL OF PARTICULARS
II. If defective in substance No obligation is imposed on the judge to point out the
duplicitousness or other defect in the indictment on which an accused is being arraigned. It is for
195
the accused to move for a motion to quash on the ground that the complaint or information
charges more than one offense, under sanction of waiver and loss of ground of objection
(Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)
Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically
determines whether or not the papers are in order before giving it due course, meaning, it
satisfies itself if the complaint or information is sufficient in form and in substance.
Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest
This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive
defects (People v. Bartulay, supra).
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense
because there was an actual threat on his person and the firing of warning shots was reasonably
necessary in order to prevent or repel the unlawful aggression directed against him. Despite this,
the fiscal went on to file the information in court. May JP claim that the information, though
sufficient in form, is defective in substance? Why?
No. JP cannot claim that the information is defective in substance. This is so because selfdefense is not a ground for a motion to quash but a matter of defense. If proven, self-defense is
a basis for acquittal, not dismissal.
Any explanation or defense which the defendant may want to invoke can be properly raised
during trial (Galvez v. CA, 237 SCRA 685).
Distinction between Acquittal and Dismissal:
1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of
killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio 1private offenses,
i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts
for redress [i.e. those requiring mediation at the lupong tagapamayapa]. However, noncompliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the
conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not affect
the Courts jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar,
173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under
the direct control of the prosecutor.
196
Queries:
I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal
who found sufficient evidence against all, but, according to his determination, D was the least
guilty. So the fiscal filed the information only against A, B, and C leaving out D whom he would
utilize as state witness. Is the fiscal correct?
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a
grave abuse of discretion on the part of the court in not including D in the information because of
the prosecutors finding that there is sufficient evidence against all. There was no more necessity
to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as
a state witness and no court approval is necessary.
II. Is designation of the offense an essential element of the complaint or information? Why? Give
the exception, if any.
No. Because in case of conflict between the designation of the offense and the allegations, the
allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean either
one or another offense, then the designation of the offense is controlling (Case of US v. Dixon,
where the designation is for trespassing but the allegations indicates either trespassing or a
possible attempted rape).
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
Generally, when a person commits a crime, he offends two entities, namely:
1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or directly
injured or damaged by the same acts or omissions].
Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling,
betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that the
offender himself is his own victim.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil actionfor the recovery of civil
liability is deemed instituted with the criminal action unless the offended party:
Waives the civil action;
197
198
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to
answer for the commission of an offense (Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty,
binding him to become obedient to the will of the law (Larraaga v. CA, 92 SCAD 605)
How made:
As to the manner of enforcement, by:
1) Actual restraint, or
2) Submission to the custody of the person making arrest
As to the presence or absence of judicial order:
1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:
1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest when in his presence, the person to be arrested has:
Committed
Is actually committing an offense
Is attempting to commit
Translation: In flagrante delicto [latin] Literally, caught in the act of wrong.
2. Hot Pursuit arrest when an offense has Ajust been committed and Bhe has probable cause to
believe based on personal knowledge of facts or circumstances that the person arrested has
committed it.
Tests in determining probable cause based on personal knowledge:
Must be based on the senses, i.e.
2) Hearing
3) Smell
1) Sight
Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through
his senses. He cannot fish for evidence first and afterward make the arrest.
B. The term personal knowledge excludes hearsay as a basis for probable cause.
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C. There must first be a lawful arrest before any search may be conducted. The process cannot be
reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid
warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest Officer may break into any building or enclosure where the person to
be arrested is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose (Sec. 11, RRC).
E. For purposes of search and seizure he cannot break into any building or enclosure without
violating the right of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz,
People v. Evaristo, 216 SCRA 431). 2) When there is a warrant.
3. Arrest of fugitives from justice persons who has escaped from a penal establishment, place
of confinement etc. while serving sentence, temporarily confined, or case is still pending may
be arrested under the theory that he is engaged in the commission of a continuing offense
(Parulan v. Director of Prisons, 22 SCRA 639).
Methods of Arrest:
I. With warrant, by officer:
The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist
Exception: 1) When he flees or forcibly resist before 1 & 2 is completed
2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private persons:
Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2)
intent to arrest and cause [if person arresting is private person]
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the
arrest has the opportunity to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest
Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife
and attacked another policeman, the arresting officer is not required to afford him a fair
opportunity for equal struggle. A police officer, in the performance of his duty, must stand his
ground and cannot, like private individual, take refuge in flight. His duty requires him to
overcome the offender (US v. Mojica, 42 Phil 784).
V. Bail
Kinds of bail bonds:
1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over
the person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntary
surrender.
Exception:
When the person under investigation cannot personally appear because he is hospitalized but
applies for bail through his counsel, he is deemed to be under the constructive custody of the law
(Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
Conditions for bail:
See Sec. 2, Rule 114
Bail, a matter of right:
1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life
imprisonment
Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by
reclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neither a
matter of right nor a matter of discretion only in cases where the evidence of guilt is strong).
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Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz,
Constitutional Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 accused was granted bail due to tuberculosis that
requires confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation is not
synonymous with guilt.
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the
Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa,
200 SCRA 80).
4. I extradition proceedings, bail may be granted provided the accused undertake to submit
himself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of
Hong Kong v. Judge Olalia, 2007)
VI. Rights of the accused
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,
or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).
In all criminal prosecutions, the accused shall be entitled to the following rights:
Key:
[PIPTEC CoSpA]
P resumed innocent
I nformed of the nature of the cause and accusation
P resent in person and by counsel
T estify in his own behalf
E xempt from being compelled to be a witness against himself
C onfront witnesses
C ompulsory process to secure attendance of witnesses and production of other evidence
S peedy, impartial and public trial
A ppeal
1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
Hierarchy of proof [according to degree of persuasiveness]:
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B. The coercive powers of the court must be employed in order to give meaning to this right.
8) To have speedy, impartial and public trial.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court
(Macalintal v. Judge Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of
conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: Public trial and Trial by publicity are two different things. They are not the same.
There should be a public trial, not trial by publicity.
9) To appeal in all cases allowed and in the manner prescribed by law.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid
waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional
Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must
comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v.
Sabellano, 198 SCRA 196)
VII. Arraignment and Plea
Arraignment: The initial step in a criminal prosecution whereby the defendant is brought
before the court to hear the charges and to enter a plea (Blacks Law Dictionary).
Venue for Arraignment and Plea:
Before the court where the complaint or information was filed or is assigned for trial.
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)
1) To fix the identity of the accused
2) To inform him of the charge
3) To give the accused an opportunity to plead
Note:
In order for the Court to acquire complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot commence trial in
absentia.
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Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea
I. If under preventive detention
Raffle of case and transmittal of records within 3 days
Arraignment within 10 days from the date of raffle
Pre trial conference within 10 days after arraignment
II. If not under preventive detention
General rule within 30 days from the date the court acquires jurisdiction
Exception a shorter period is provided by special law or SC Circular
Rules in entering a plea:
If accused refuses to plead or makes a conditional plea a plea of not guilty shall be entered
If accused enters a plea but presents exculpatory evidence plea of guilty is withdrawn and a
plea of not guilty shall be entered for him. Burden of proof shifts.
If accused enters a plea to a capital offense court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree of culpability.
Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence
In case of failure of the offended party to appear despite due notice conformity of prosecutor is
sufficient for purposes of pleading guilty to a lesser offense which is necessarily included in the
offense charged.
Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly to
plead and prepare for trial. The motion shall specify the alleged defects of the complaint or
information and the details desired.
Scope of the Bill of Particular:
Bill of Particulars is a remedy for formal defects and not substantive defects.
The remedy against an indictment that fails to allege the time of the commission of the offense
with sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash
(Rocaberte v. People, 192 SCRA 152).
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[See discussion in: Elements of Complaint and Information, remedy in case complaint or
information is defective, supra]
Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is
material as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653).
Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs,
US v. Bagley)
Notes:
1) Arraignment is important for notifying the accused of the cause he is required to meet. The
accused has the right to be informed of the nature and cause of the accusation against him (Borja
v. Mendoza, 77 SCRA 422).
2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)
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