Introduction To Criminology Reviewer

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criminology

Introduction T o Criminology

Introduction To Criminology

Definition of Terms

Abrahamsen - In his crime and human mind, 1945, explained the causes
of crime by his formula "Criminal Behavior equals criminalistic

tendencies plus crime inducing situation divided by the persons

mental or emotional resistance to temptation.

Adolphe Quetelet (1796–1874) - was a Belgian mathematician, astronomer

and statistician, he helped to establish the cartographic school and

positivist schools of criminology which made extensive use of statistical

techniques. Through statistical analysis, Quetelet gained insight into

the relationships between crime and other social factors. Among his
findings were strong relationships between age and crime, as well

as gender and crime.

Alienist - a doctor specializing in the treatment of mental illness.

An expert witness in a sanity trial.

Andrew Von Hirsch - developed the notion of just desert.

Just desert - has five guidelines; 1. treat legal

punishment as a desert; 2. avoid doing harm; 3. sentence

delinquency, not the delinquent; 4. interfere parsimoniously;

5. restrain efforts to prevent crime; modern day

utilitarianism.

Anger - is an emotion characterized by antagonism toward someone or

something you feel has deliberately done you wrong.

Anomie - is a condition in which society provides little moral

guidance to individuals.

Anthropology - is the study of humans, past and present.

Atavism - The return of a trait or recurrence of previous behavior

after a period of absence.

Atavistic Anomaly - physically their throwbacks on the evolutionary

scale to more primitive times, where people were savages.

August Aichhorn - is considered to be one of the founders of psychoanalytic

education. He is remembered for his work with juvenile delinquent and
disadvantaged youth. He believed that imposed discipline and suppression

which were practiced in traditional reformatories yielded few

positive results.

Autophobia - is the specific phobia of isolation; a morbid fear of

being egotistical, or a dread of being alone or isolated.

Monophobia - is an acute fear of being alone and having to

cope without a specific person, or perhaps any person, in

close proximity.

Biometrics - is a technique for identification of people that uses

body characteristics or behavioural traits and is increasingly being

used instead of or in conjunction with other forms of identification

based on something you have (e.g. ID card) or something you know

(e.g. password or PIN).

Bromberg - (crime and mind 1948) criminality is the result of

emotional immaturity. A person is emotionally matured when he has

learned to control his emotion effectively and who live at peace

with himself and in harmony with the standard of conduct which are
acceptable to society. Am emotionally immature person rebels against

rules and regulations, tends to engage in unusual activities and

experience a feeling of guilt due to inferkiority complex.

Brotherhood - an association, society, or community of people linked

by a common interest, religion, or trade.

Cesare Beccaria - founders of the classical school of thought within

criminology.

Cesare Lombroso - an Italian criminologist, founder of the Italian

school of criminology, formulated the theory of anthropological

criminology, essentially stated that criminality was inherited, and

that someone "born criminal" could be identified by physical defects,

which confirmed a criminal as savage, or atavistic.

Charles Darwin - wrote Origin of Species in 1859, kicked off the

scientific revolution, father of evolution.

Charles Goring - author of the influential work The English convict:

a statistical study.

The English convict: a statistical study - It was first

published in 1913, and set out to establish whether there

were any significant physical or mental abormalities among

the criminal classes that set them apart from ordinary men,
as suggested by Cesare Lombroso. He ultimately concluded

that "the physical and mental constitution of both criminal

and law-abiding persons, of the same age, stature, class,

and intelligence, are identical. There is no such thing as

an anthropological criminal type."

Classical School - based on free will; able to make decisions in a

logical way; assumes people are hedonistic.

Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized

in this theory that the multiplicity of conflicting cultures is the

principal source of social disorganization. The high crime and

delinquency rates of certain ethnic or racial group is explained by

their exposure to diverse and incongruent standards and codes of

larger society.

Containment Theory - criminality is brought about by the inability of

the group to contain behavior of its member and that of effective

containment of the individual into the value system and structure of

society will minimize crime.

Copycat Crime - A copycat crime is a criminal act that is modelled or

inspired by a previous crime that has been reported in the media or

described in fiction.
Criminaloid - (from the word "criminal" and suffix -oid, meaning

criminal-like) is a person who projects a respectable, upright facade,

in an attempt to conceal a criminal personality. This type, first

defined by Cesare Lombroso in the later editions of his 1876 work

"the Criminal man".

Criminal Personality - 1. the roots of criminality lie in the way in

which people think and make decisions; 2. criminals think and act

differently from others, even at a very young age; 3. criminals are

irresponsible, 4. deterministic explanations of crime result from

believing the criminal who is seeking sympathy.

Anti-Social Personality - characterized by patterns of

irresponsible and antisocial behavior, as well as

aggressive tendencies.

Cyril Burt - gave the theory of general emotionality. An excess of the

submissive instinct account for tendency of many criminals to be

weak-willed or easily led. Fear and absconding may be due to the

impulse of fear.

Determinism - belief that individual behavior is beyond the control

of the individual; opposite of free will.

Differential Association Theory - Criminal behavior is learnable and

learned in interaction with other deviant persons. Through this

association, they learn not only techniques of certain crimes, but

also specific rationale, motives and so on.

Edwin Sutherland - Differential association theory was

Sutherland's major sociological contribution to criminology;

similar in importance to strain theory and social control

theory. These theories all explain deviance in terms of the
 individual's social relationships.

Imitation-Suggestion Theory - by Gabriel Tarde, Delinquency

and crime pattern are learned and adopted. The learning

process either be conscious type copying or unconscious

copying of c onfronting pattern of behavior.

Differential-Social Disorganization Theory - This is sometimes called

Social Disorganization. There is social disorganization when there is

breakdown, changes, conflict of values between the new and the old,

when there is reduced influence of the social institution over behavior

and when there is declining influence of the solid moral and ethical
front.

Electroencephalogram - recording of electrical activity of the brain;

measures it.

Emile Durkheim - father of soc iology. He is a Frenchman, Chief among

his claims is that society is a sui generis reality, or a reality

unique to itself and irreducible to its composing parts. It is

created when individual consciences interact and fuse together to

create a synthetic reality that is completely new and greater than

the sum of its parts.

E. O. Wilson - put forth a theory that differed from earlier theories,

believed that biological factors affect the perception and learning

of social behaviors.

Etiology of Crime - causes of crime.

Eugenics - the science of improving a human population by controlled

breeding to increase the occurrence of desirable heritable characteristics.

Developed largely by Francis Galton as a method of improving the human race.
Free Will - the idea that human beings are free to choose one behavior
or action over another.

Frustration - the feeling of being upset or annoyed, especially because

of inability to change or achieve something.

General Deterrence - involves the effects of legal punishment on

those persons who have not suffered.

Specific Deterrence - involves the effects of legal punishment

on those who have suffered it.

Genetics - the branch in biology that deals with heredity.

Healy - (individual delinquency) crime is the expression of the mental

content of the individual. Frustration of the individual causes

emotional discomfort, personality demands removal of pain and the

pain is eliminated by substitute behavior, that is the start of the

crime delinquency of an individual.

Gianelt Index of Criminality - this crimino-synthesis explains the

reason why a person may commit a crime or inhibit himself from doing so.

Hedonism - pleasure or the absence of pain is the soul good in life.

Henry Maudsley - mental illness and criminal behavior went hand in

hand, crime prone traits were inherited.

Incapacitation - when they are locked up behind bars, they can't commit

anymore crimes.

Italian School Of Criminology - Founded in the end of the 19th century

by Cesare lombroso and 2 of his disciples, Enrico Ferri and Rafael

Garofalo.

Enrico Ferri - an italian criminologist, student of Lombroso,

His work served as the basis for Argentina’s penal code of 1921.

His research led to him postulating t heories calling for crime

prevention methods to be the mainstay of law enforcement, as

opposed to punishment of criminals after their crimes had

taken place.

Rafael Garofalo - often regarded as the father of Crimino logy.

He is a student of Cesare Lombroso.

James Q. Wilson - advocate for special deterrence; ultilitarian.

Jeremy Bentham - founders of the classical school of thought within

criminology. He is a lawyer.

Jukes Family - family of criminals. Descendants are criminally minded

and committed crimes.

Jonathan Edwards Family - opposite of jukes Family,

descendants are good people and attained prominence in

various fields.

Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a

1912 book by the American psychologist and eugenicist Henry H. Goddard.

The work was an extended case study of Goddard's for the inheritance of

"feeble-mindedness," a general category referring to a variety of mental

disabilities including mental retardation, learning disabilities, and

mental illness. Goddard concluded that a variety of mental traits were

hereditary and society should limit reproduction by people possessing

these traits.
Karyotype Studies - examination and comparison of chromosomes.

Kleptomania - a recurrent urge to steal, typically without regard

for need or profit.

Lawrence Kohlberg - pathological jealousy, quick anger reactions, and

the bearing of grudges.

Limbic System - a set of areas in the human brain that integrate a

wide variety of messages from the senses and control goal-oriented

response to environmental and internal stimuli.

Megalomania - is a psychopathological condition characterized by

delusional fantasies of power, relevance, omnipotence, and by inflated

self-esteem.

Mens Rea - The state of mind indicating culpability which is required

by statute as an element of a crime.(Latin) guilty mind.

Miller Lower-Class Culture Conflict Theory - citizens who obey the

street rules of lower class life find themselves in conflict with

the dominant culture.

Moral/Intellectual Stages - deals with how adults morally represent a

reason about the world that they live in.

Morphology - deals with the form and structure of an organism or any

of its parts; measuring different parts of the human head; there is

a meaningful relationship between certain types of physical features

and personality.

Neo-Classical Perspective - stressed that the legal system should

focus exclusively on doing justice; respond to the crime; the

criminal made the rational decision.

Neurosis - condition characterized by anxiety, impulses may

breakthrough and take control.

Amnesia - a partial or total loss of memory. Origin late 18th

century: from Greek amnēsia ‘forgetfulness.’

Delusion - a belief that is not true : a false idea. : a

false idea or belief that is caused by mental illness.

Dementia praecox (a "premature dementia" or "precocious madness")

refers to a chronic, deteriorating psychotic disorder

characterized by rapid cognitive disintegration, usually

beginning in the late teens or early adulthood. It is a term

first used in 1891 in this Latin form by Arnold Pick (1851–1924),

a professor of psychiatry at the German branch of Charles

University in Prague.

Psychosis - severe form of mental disturbance, behavior

impairs or gets in the way of everyday focus, Id takes

control.

Schizophrenia - often linked to criminal behavior,

incoherent thought process, thinking is scrambled and may

have split personalities.

Paranoia - pathological jealousy, quick anger reactions,

and the bearing of grudges.

Penal Couple - is defined as the relationship between perpetrator and

victim of a crime. That is, both are involved in the event.
Penitentiary - repent of wrongdoing and the will to atone for it.

Phobia - an extreme or irrational fear of or aversion t o something.

Phrenology - study of the shape of the skull and bumps of

facial features. The study of facial features.

Craniology - the scientific study of the shape and size of

the skulls of different human races. Another term for

Phrenology.

Psychopatic Personality – This is the most important cause of

criminality among youthful offenders and habitual criminals. It is

characterized by infantile level or rescind, lack of conscience,

deficient feeling of affection to others and aggression to environment

and other people.

Physiognomy - to judge, interpret, or assess a person's character or

personality from his or her outer appearance, especially the face.

This study and science was used by Beccaria (1764) and lavater (1175)

to discover the character of a person.

Positivist School - based on determinism; human behavior is controlled

by science.

Positivism - the belief that the classical school of

thought is wrong in explaining what causes crime because

they failed to explain adequately the why portion.

Cesare Lombroso - father of positivism; medical doctor who

wanted to see whether criminals were physically different,

believed in atavistic anomaly.
Psychiatry - the study and treatment of mental illness, emotional
disturbance, and abnormal behavior.

Psychoanalytic - the analysis of human behavior. First laid out by

Sigmund Freud in the 19th century.

Recidivism - elapse into criminal behavior; where you return bac k into

the criminal system.

Regression - a return to an earlier stage of life or a supposed previous

life, especially through hypnosis or mental illness, or as a means of

escaping present anxieties.

Samuel Yochelson - convinced that there is such thing as a criminal

personality.

Schools of Thought - devices for organizing fundamentally differing

views of human nature and relating them to issues surrounding crime

and its control.

Sexual Deviation - a type of mental disorder characterized by a

preference for or obsession with unusual sexual practices.

Exhibitionism - a mental condition characterized by the

compulsion to display one's genitals in public.

Fetishism - is sexual attraction to objects, situations, or

body parts not traditionally viewed as sexual.

Paraphilia - a condition characterized by abnormal sexual

desires, typically involving extreme or dangerous activities.

 Pedophilia - sexual feelings directed toward children.

Sadomasochism - is the giving or receiving of pleasure,

sometimes sexual, from acts involving the infliction or

reception of pain or humiliation.

Sadism - the tendency to derive pleasure, especially sexual

gratification, from inflicting pain, suffering, or humiliation

on others.

Transvestism (also called transvestitism) - is the practice

of dressing and acting in a style or manner traditionally

associated with another gender.

Masochism - the tendency to derive pleasure, especially

sexual gratification, from one's own pain or humiliation.

Voyeurism - Watching others while naked or having sex,

generally without their knowledge; also known as scopophilia

or scoptophilia.

Zoophilia - is a paraphilia involving cross-species sexual

activity between human and non-human animals or a fixation

on such practice.

Shaw and Mckay's Ecological Theory - crime is a product of transitional

neighborhoods that manifest social disorganization and value conflict.

Sigmund Freud - austrian psychiatrist; his approach: crime is but

one form of deviance.

ID - contains the inner world of the individual's inborn

instincts and reflexes.
 Ego - represents the real world of the individual's
conscious reason and common sense.

Superego - inner world of the individual's ideal

expectations and conscience; the conceptions of what the

individual considers to be morally good.

Social Bond Theory - relation between social factors and individual

activities; individuals become free to commit crimes when their ties

to society are broken.

Spiritual School - based on determinism; human behavior is determined

by God or demons or Satan.

Stanton Samenow - convinced that there is such thing as a

criminal personality.

Thomas Hobbes - he believed that man is egotistical and self-centered;

if he thought he could get away with it, then he would commit the crime.

Type of Physique

Ectomorph - a person with a lean and delicate body build. Are

tall and thin and less social and more intellectual.

Mesomorph - a person with a compact and muscular body build.

Have well-developed muscles and an athletic appearance. They

are active, aggressive, sometimes violent, and more likely

to become criminals.

Endomorph - a person with a soft round body build and a

high proportion of fat tissue. Have heavy builds and are
 slow moving. They arte known for lethargic behavior

rendering them unlikely to commit violent crime and more

willing to engage in less strenuous criminal activities such

as fencing stolen property.

Typology of Crime - involve classifying offenses or offenders according

to some criteria of relatedness or similarity.

Utilitarianism - the belief that legal punishments serve two vital

functions: 1. deterring persons from committing the crimes and

2. protecting society from those wholes acts threaten the social order;
the greatest good for the greatest number.

William Sheldon - an American psychologist who created the field of

somatotype and constitutional psychology that tried to correlate body

types with behavior,intelligence, and social hierarchy through his

Ivy league nude posture photos.

Temperament

Viscerotonic - Coined by WH Sheldon, from viscera + -o- +

tonic. Designating a personality type characterised as

sociable, easy-going, and comfort-seeking.

Somatonic - active, dynamic; walks, talks, gestures

assertively and behaves aggressively.

Cerebrotonic - Introvert and full of functional complaints

to allergies, skin troubles, chronic fatigue, insomia,

insensitive skin, and to noise, shrinks from crowds.

XYY Syndrome - these people are very tall and disproportionate;

more inclined to commit crimes.
Institutional Corrections
crim inologists

11:39 AM
criminology

Institutional Corrections

Institutional Corrections
Definition Of Terms

Alcatraz - a US federal penitentiary, Often referred to as "The Rock",

the small island of alcatraz was developed with facilities for a lighthouse,

a military fortification, a military prison (1868), and a federal prison

from 1933 until 1963.

Alexander Maconochie - was a Scottish naval officer, geographer, and

penal reformer. He is known as the Father of Parole.

His 2 Basic Principle of Penology

1. As cruelty debases both the victim and society, punishment

should not be vindictive but should aim at the reform of

 the convict to observe social constraints, and

2. A convict's imprisonment should consist of task, not time

sentences, with release depending on the performance of a

measurable amount of labour.

Auburn Prison - Constructed in 1816 ,(opened 1819) it was the second

state prison in New York, the site of the first execution by electric
chair in 1890. It uses the silent or congregate system.

Banishment - a punishment originating in ancient times, that required

offenders to leave the community and live elsewhere, commonly in the

wilderness.

BJMP - (Bureau of Jail Management and Penology) government agency

mandated by law (RA 6975) to take operational and administrative control

over all city, district and municipal jails.

It takes custody of detainees accused before a court who are temporarily

confined in such jails while undergoing investigation, waiting final

judgement and those who are serving sentence promulgated by the court
3 years and below.

- created Jan. 2, 1991.

- Charles S. Mondejar - 1st BJMP chief.

- BJMP chief tour of duty, must not exceed 4 years, maybe

extended by President. Grounds:
1. In times of war

2. other national emergencies.

- Senior superintendent - the rank from which the BJMP chief

is appointed. This is the rank of the BJMP Directors of

the Directorates in the National Headquarters. This is also

the rank of the Regional Director for Jail Management

and Penology.
- Chief of the BJMP - Highest ranking BJMP officer. Appointed
 by the President upon recommendation of DILG Secretary. Rank

is Director.
- BJMP Deputy Chief for Administration - the 2nd highest ranking

BJMP officer. Appointed by the President upon recommendation

of the DILG Secretary. Rank is Chief Superintendent.

- BJMP Deputy Chief for Operations - the 3rd highest ranking

BJMP officer. Appointed by the President upon recommendation

of the DILG Secretary. Rank is Chief Superintendent.

- BJMP Chief of the Directorial Staff - the 4th highest BJMP

officer. Appointed by the President upon recommendation of

the DILG Secretary. Rank is Chief Superintendents.

Borstal - a custodial institution for young offenders.

Borstal System - rehabilitation method formerly used in Great Britain for

delinquent boys aged 16 to 21. The idea originated (1895) with the

Gladstone Committee as an attempt to reform young offenders. The first

institution was established (1902) at Borstal Prison, Kent, England.

Branding - stigmatizing is the process in which a mark, usually a symbol

or ornamental pattern, is burned into the skin of a living person, with

the intention that the resulting scar makes it permanent as a punishment

or imposing masterly rights over an enslaved or otherwise oppressed person.

Bridewell Prison and Workhouse - was the first correctional institution

in England and was a precursor of the modern prison. Built initially as

a royal residence in 1523, Bridewell Palace was given to the city of

London to serve as the foundation for as system of Houses of Correction

known as “Bridewells.” These institutions, eventually numbering 200 in

Britain, housed vagrants, homeless children, petty offenders,

disorderly women, prisoners of war, soldiers, and colonists sent

to Virginia.
Bridewell Prison and Hospital - was established in a former royal palace

in 1553 with two purposes: the punishment of the disorderly poor and
housing of homeless children in the City of London.

Bureau of Corrections - has for its principal task the rehabilitation

of national prisoners, or those sentenced to serve a term of imprisonment

of more than three years.

- has 7 prison facilities

- 1 prison institution for women

- 1 vocational training centre for juveniles.

- Classification Board - classifies inmates according to

their security status.

- Reception and Diagnostic Centre - (RDC) receives, studies

and classifies inmates committed to Bureau of Corrections.

- Board of Discipline - hears complaints and grievances with

regard to violations of prison rules and regulations.

- Iwahig Penal Farm - established in 1904 upon orders of Gov.

Forbes, then the Sec. of Commerce and police.

- New Bilibid Prison - established in 1941 in Muntinlupa

Camp Bukang Liwayway - minimum security prison.

Camp Sampaguita - medium security prison

- Davao penal Colony - established jan 21, 1932 (RA 3732)

- Sablayan Penal Colony and Farm - established Sept.27, 1954

(Proclamation No.72) loc ation:Occidental Mindoro
- Leyte Regional Prison - established Jan.16, 1973

- Old Bilibid Prison - First Penal Institution in the Phil.

designated as insular penitentiary by Royal Decree in 1865.

Burning at Stake - a form of ancient punishment by tying the victim

in a vertical post and burning him/her.

Cesare Beccaria - an Italian criminologist, jurist, philosopher and

politician best known for his treaties On Crimes and Punishments (1764),
which condemned torture and t he death penalty, and was a founding work

in the field of penology and the Classical School of criminology

Charles Montesquieu - a french lawyer, who analyzed law as an expression

of justice. He is famous for his articulation of the theory of separation

of powers, which is implemented in many constitutions throughout the world.

Code of Justinian - formally Corpus Juris Civilis (“Body of Civil Law”),

Justinian I the collections of laws and legal interpretations developed

under the sponsorship of the Byzantine emperor Justinian I from AD

529 to 565.

Commitment Order - is an act of sending a person to prison by means of

such a warrant or order.

Correctional Administration - the study and practice of a system of

managing jails and prisons and other institutions concerned with the
custody, treatment and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried out

by government agencies, and involving the punishment, treatment, and

supervision of persons who have been convicted of crimes.

Death Row - refers to incarcerated persons who have been sentenced to

death and are awaiting execution.

Deterrence - as contended by Cesare Beccaria, proponent of the

classical theory, that punishment is to prevent others from

committing crime.

District Jail - is a cluster of small jails, each having a monthly

average population of ten or less inmates, and is located in the

vicinity of the court.

Draco - was the first legislator of ancient Athens, Greece, 7th century
BC. He replaced the prevailing system of oral law and blood feud by a

written code to be enforced only by a court.

Ducking Stool - a chair fastened to the end of a pole, used formerly

to plunge offenders into a pond or river as a punishment.

Dungeon - a dark cell, usually underground where prisoners are confined.

Elmira Reformatory - located in new York, was originally a prison opened

to contain Confederate prisoners of war during the Civil War. It became

known as a “death camp” because of the squalid conditions and high death

rate in its few years of operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory,

in New York. In 1876 Zebulon R. Brockway became an innovator in the

reformatory movement by establishing Elmira Reformatory for young felons.

The Elmira system classified and separated various types of prisoners,

gave them individualized treatment emphasizing vocational training and

industrial employment, used indeterminate sentences.

Ergastulum - is a Roman prison used to confine slaves. They were attached

to work benches and forced to do hard labor in period of imprisonment.

Exemplarity - the criminal is punished to serve as an example to others

to deter further commission of crime.

Expiation - (Atonement) exec ution of punishment visibly or publicly for

the purpose of appeasing a social group. Expiation is a group vengeance

as distinguished from retribution.
First Women's Prison - opened in Indiana 1873. Based on the reformatory
model.

Four Classes of Prisoners

1. Insular or national prisoner – one who is sentenced to a prison term

of three years and one day to death;

2. Provincial prisoner – one who is sentenced to a prison term of six

months and one day to three years;

3. City prisoner – one who is sentenced to a prison term of one day

to three years; and

4. Municipal Prisoner – one who is sentenced to a prison term of one

day to six months.

Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

Fred T. Wilkinson - last warden of the Alcatraz prison.

Galley - a low, flat ship with one or more sails and up to three banks
of oars, chiefly used for warfare or piracy and often manned by slaves

or criminals.

Goals of Criminal Sentencing

1. Retribution
2. Punishment
3. Deterrence

4. Incapacitation
5. Rehabilitation

6. Reintegration
7. Restoration
Golden Age Of Penology - 1870 - 1880

Guillotine - an ancient form of capital punishment by cutting the

head.

Halfway House - a center for helping former drug addicts, prisoners,

psychiatric patients, or others to adjust to life in general society.

Hammurabi's Code - an ancient code which contain both civil and criminal
law. First known codified law prior to Roman law. Better organized and

comprehensive than biblical law. One of its law is lex taliones (an eye

for an eye)

Hedonism - the ethical theory that pleasure (in the sense of the
satisfaction of desires) is the highest good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored,

especially for use as storage or (formerly) as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetration

of an organism by an object such as a stake, pole, spear or hook, by

complete (or partial) perforation of the body, often the central body mass.
Killing by piercing the body with a spear or sharp pole.

Institutional Corrections - refers to those persons housed in secure

correctional facilities.

Jail - is defined as a place of confinement for inmates under investigation

or undergoing trial, or serving short -term sentences

Gaol - old name/term of jail.

Three Types of Detainees

1. Those undergoing investigation;

2. those awaiting or undergoing trial; and

3. those awaiting final judgment

Jails - holds

a. Convicted offenders serving short sentences

b. Convicted offenders awaiting transfer to prison

c. Offenders who have violated their probation or parole

d. Defendants who are awaiting trial

James V. Bennett - was a leading American penal reformer and prison

administrator who served as director of the Federal Bureau of Prisons

(FBOP) from 1937 to 1964. He was one of the strongest advocates in the
movement in persuading Congress to close Alcatraz and replace it with

a new maximum-security prison, eventually successful in 1963 when

it closed.

Jean Jacques Villain - pioneered classification to separate women and

children from hardened criminals.

Jeremy Bentham - a prison reformer, believed that the prisoner should

suffer a severe regime, but that it should not be detrimental to the

prisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Justice - crime must be punished by the state as an act of retributive

justice, vindication of absolute right and moral law violated by the

criminal.

lapidation - (Stoning) the act of pelting with stones; punishment

inflicted by throwing stones at the victim.
Lex Taliones - an eye for an eye, a tooth for a tooth.

Lockups - Suspects usually stay in a lockup for only 24 to 48 hours.

A suspect may later be transferred from the lockup to the jail.

Mamertine Prison - was a prison (carcer) located in the Comitium

in ancient Rome. It was originally created as a cistern for a spring

in the floor of the second lower level. Prisoners were lowered through
an opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby

credits, or marks, were awarded for good behaviour, a certain number of

marks being required for release.

Mittimus - is a process issued by the court after conviction to carry

out the final judgment, such as commanding a prison warden to hold the
accused, in accordance with the terms of the judgment. Mittimus is

often attached on the commitment order issued by the court whenever the
convict is to be transferred to prison for service of sentence.

Mortality rate - A measure of the frequency of deaths in a defined

population during a specified interval of time.

Mutilation or maiming - an ancient form of punishment, is an act of

physical injury that degrades the appearance or function of any living

body, sometimes causing death.

National Prisons Association - was organized in Cincinnati in 1870.

Neo-Classical - children and lunatics should not be punished as they

cannot calculate pleasure and pain.

 Classical Theory - pain must exceed pleasure to deter crime.

All are punished regardless of age, mental condition, social

status and other circumstances.

Positivist Theory - criminal is a sick person and should be

treated and not punished.

Eclectic - it means selecting the best of various styles

or ideas.

Newgate Prison - not a real prison but an abandoned copper mine of

Simsbury Connecticut. Inmates are confined underground (Black hole

of horrors).

Operational capacity - the number of inmates that can be accommodated

based on a facility's staff, existing programs, and services.

Panopticon - a prison design, allowed a centrally placed observer to

survey all the inmates, as prison wings radiated out from this
central position.

Parole - refers to criminal offenders who are conditionally released

from prison to serve the remaining portion of their sentence in the

community.

Parole and Probation Administration (PPA) - was created pursuant to

Presidential Decree (P.D.) No.968, as amended, to administer the

probation system. Under Executive Order No. 29221, the Probation

Administration was renamed as the Parole and Probation Administration,

and given the added function of supervising prisoners who, after serving

part of their sentence in jails are released on parole or granted

conditional pardon. The PPA and the Board of Pardons and Parole are
the agencies involved in the non-institutional treatment of offenders.
Penal Management - refers to the manner or practice of managing or
controlling places of confinement such as jails and prisons.

PD No. 603 - was promulgated to provide for the care and treatment of

youth offenders from the time of apprehension up to the termination

of the case.

Under this law, a youth offender is defined as a child, minor

or youth who is over nine years but under eighteen years of

age at the time of the commission of the offence.

Pennsylvania and New York - pioneered the penitentiary movement by

developing two competing systems of confinement. The Pennsylv ania

system and the Auburn system.

Pennsylvania System - An early system of U.S. penology in

which inmates were kept in solitary cells so that they could

study religious writings, reflect on their misdeeds, and

perform handicraft work.(Solitary System).

Auburn System - An early system of penology, originating

at Auburn Penitentiary in New York, under which inmates

worked and ate together in silence during the day and were
placed in solitary cells for the evening.(Congregate System)

Penology - a branch of Criminology that deals with prison management

and reformation of criminals.

Poene (latin) - penalty

Logos (latin) - science

Pillory - a wooden framework with holes for the head and hands, in which

offenders were formerly imprisoned and exposed to public abuse.

Prison - which refers to the national prisons or penitentiaries managed

and supervised by the Bureau of Corrections, an agency under the

Department of Justice.

Prison Hulks - (1776-1857) were ships which were anchored in the Thames,

and at Portsmouth and Plymouth. Those sent to them were employed in hard
labour during the day and then loaded, in chains, onto the ship at night.

Prison Reform - is the attempt to improve conditions inside prisons,

aiming at a more effective penal system.

Probation - Probation in criminal law is a period of supervision over

an offender, ordered by a court instead of serving time in prison.

John Augustus - Father of Probation. Augustus was born in Woburn,

Massachusetts in 1785. By 1829, he was a permanent resident

of Boston and the owner of a successful boot -making business.

Father Cook - a chaplain of the Boston Prison visited the courts

and gained acceptance as an advisor who made enquiries into the

circumstances of both adult and juvenile offenders

Provincial Jail - under the office of the Governor. Where the imposable

penalty for the crime committed is more than six months and the same was
committed within the municipality, the offender must serve his or her

sentence in the provincial jail.

Where the penalty imposed exceeds three years, the offender

shall serve his or her sentence in the penal institutions of

the Bureau of Corrections.
Punishment - the infliction or imposition of a penalty as retribution
for an offence.

Quakers - (or Friends, as they refer to themselves) are members of a

family of religious movements collectively known as the Religious

Society of Friends. Many Quakers have worked for reform of the criminal
justice systems of their day. Quakers believe that people can always

change: their focus has been on reforms that make positive change more
likely, such as increased opportunities for education, improved prison

conditions, help with facing up to violent impulses, and much else.

William Penn - founder of the Province of Pennsylvania, the

English North American colony and the future Commonwealth of

Pennsylvania.was the first great Quaker prison reformer.

In his ‘Great Experiment’ in Pennsylvania in the 1680s he

abolished capital punishment for all crimes except murder.

He also stated that ‘prisons shall be workhouses,’ that bail

should be allowed for minor offences’, and ‘all prisons shall

be free, as to fees, food and lodgings’. He provided for

rehabilitation, as he stipulated that prisoners should be

helped to learn a trade, so that they could make an honest

living when they were released.

John Bellers - (1654-1725) was the earliest British Friend to

pay serious and systematic attention to social reform. He

pleaded for the abolition of the death penalty, the first

time this plea had been made. He argued that criminals were

the creation of society itself and urged that when in prison

there should be work for prisoners so that t hey might return

to the world with an urge to industry.

Elizabeth Fry- (1780-1845) was the most famous of Quaker

 reformers, though others were equally influential in raising

public awareness. Reforms such as the separation of women and

children from men and the development of purposeful activity

of work or education came about through pressure from

informed people.

RA 6975 - sec.60 to 65, created the BJMP.

RA 10575 - The Bureau of Corrections Act of 2013.

Rack - a form of torture or punishment wherein pain is inflicted to

to the body through stretching.

Rated Capacity - the number of beds or inmates assigned by a rating

official to institutions within the jurisdiction.

Reformation - the object of punishment in a criminal case is to correct

and reform the offender.

Reformatory Movement - The reformatory movement was based on principles

adopted at the 1870 meeting of the National Prison Association.

The reformatory was designed:

a. for younger, less hardened offenders.

b. based on a military model of regimentation.

c. with indeterminate terms.
d. with parole or early release for favorable progress

in reformation.

Rehabilitation - to restore a criminal to a useful life, to a life in

which they contribute to themselves and to society.

Retribution - punishment inflicted on someone as vengeance for a wrong

or criminal act.
Security Level - A designation applied to a facility to describe the
measures taken, both inside and outside, to preserve security and custody.

The simplest security level categorization is:

a. maximum

b. medium
c. minimum

Maximum - security facilities are characterized by very

tight internal and external security.

Common security measures include: (Maximum)

- A high wall or razor-wire fencing

- Armed-guard towers

- Electronic detectors

- External armed patrol

- A wide, open buffer zone between the outer wall or fence

and the community.

- Restrictions on inmate movement

- The capability of closing off areas to contain riots or

disruptions.

Houses the following inmates:

- Those sentenced to death
- Those sentenced with min. 20 years

- Those remanded inmates/detainees with min. 20 years sentence

- Those whose sentences is under review by SC (min.20 years)

- Those whose sentences is under appeal (min.20 years)

- Those with pending cases

- Those who are recidivist

Ultra-Maximum/Super-Maximum Security Prison - house notorious

offenders and problem inmates from other institutions.

These institutions utilize: Total isolation of inmates,

Constant lockdowns

Medium-security institutions - place fewer restrictions on

inmate movement inside the facility.

Characteristics often include:(Medium)

- Dormitory or barracks-type living quarters

- No external security wall

- Barbed wire rather than razor wire

- Fences and towers that look less forbidding

Houses the following inmates:

- Those sentenced to less than 20 years

Minimum-security prisons - are smaller and more open.

They often house inmates who:

- Have established records of good behavior

- Are nearing release

Characteristics often include:(Minimum)

- Dormitory or barracks living quarters
- No fences

- Some inmates may be permitted to leave during the day

to work or study.

- Some inmates may be granted furloughs

Sing Sing Prison - was the third prison built by New York State. It is

a maximum security prison.

Sir Evelyn Ruggles Brise - was a British prison administrator and

reformer, and founder of the Borstal system.

Sir Walter Crofton - the director of Irish prisons. In his program,

known as the Irish system, prisoners progressed through three stages of

confinement before they were returned to civilian life. The first portion

of the sentence was served in isolation. After that, prisoners were

assigned to group work projects.

Stocks - instrument of punishment consisting of a heavy timber frame with

holes in which the feet and sometimes the hands of an offender can

be locked.

Three major government functionaries involved in the Philippine

correctional system:

1. DOJ

2. DILG
3. DSWD

DOJ - supervises the national penitentiaries through the

Bureau of Corrections, administers the parole and probation

system through the Parole and Probation Administration, and

assists the President in the grant of executive clemency through

the Board of Pardons and Parole.

DILG - supervises the provincial, district, city and municipal

jails through the provincial governments and the Bureau of

Jail Management and Penology, respectively.

DSWD - supervises the regional rehabilitation centres for

youth offenders through the Bureau of Child and Youth Welfare.

Transportation - a punishment in which offenders were transported from

their home nation to one of that nation's colony to work.

Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim
Tabularum or Duodecim Tabulae) was the ancient legislation that stood

at the foundation of Roman law. Established basic procedural rights

for all Roman citizens as against one another

Underground Cistern - a reservoir for storing liquids, underground tank

for storing water. This was also used prison in ancient times.

Utilitarianism - a tradition stemming from the late 18th- and 19th-century

English philosophers and economists Jeremy Bentham and John Stuart Mill

that an action is right if it tends to promote happiness and wrong if

it tends to produce the reverse of happiness—not just the happiness of

the performer of the action but also that of everyone affected by it.

Voltaire - believes that fear of shame is a deterrent to crime.

Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st

state prison. Inmates labored in solitary cells and received large

doses of religious training.

Workhouses - European forerunners of the modern U.S. prison, where

offenders were sent to learn discipline and regular work habits.

Zebulon Reed Brockway - was a penologist and is sometimes regarded as

the Father of prison reform and Father of American Parole in the

United States.
Fire Technology And Arson Investigation Reviewer
c riminologists

1 2 :2 0 P M
criminology

Fire Technology

Fire Technology and Arson Investigation

3 State of matter

Solid

Liquid

Gas

4 General Categories Of Heat Energy

Chemical Heat Energy

Electrical Heat Energy

Mechanical Heat Energy

Nuclear Heat Energy

Backdraft - a phenomenon in which a fire that has consumed all a vailable

oxygen suddenly explodes when more oxygen is made available, typically

because a door or window has been opened.

Boiling Point - The temperature of a substance where the rate of

evaporation exceeds the rate of condensation.

British Thermal Unit - (BTU) The amount of heat needed to raise the

temperature of one pound of water one degree F.

Calorie - The amount of heat needed to raise the temperature of one

gram of water one degree Centigrade.

Centigrade - (Celcius) On the Centigrade scale, zero is the melting

point of ice; 100 degrees is the boiling point of water.

Chemical Heat Energy

Heat of Combustion - The amount of heat generated by the

combustion (oxidation) process.

Heat of Decomposition - The release of heat from decomposing

compounds. These compounds may be unstable and release

their heat very quickly or they may detonate.

Heat of Solution - The heat released by the mixture of matter

in a liquid. Some acids, when dissolved, give off sufficient

heat to pose exposure problems to nearby combustibles.

Spontaneous Heating - The heating of an organic substance

without the addition of external heat. Spontaneous heating

occurs most frequently where sufficient air is not present

to dissipate the heat produced. The speed of a heating

reaction doubles with each 180 F (80 C) temperature increase.

Classification of Fires

Class A Fire - Fires involving ordinary combustible materials,

such as wood, cloth, paper, rubber and many plastics.

Class B Fires - Fires involving flammable liquids, greases

and gases.

Class C Fires - Fires involving energized electrical equipment.

Class D Fires - Fires involving combustible metals, such as

magnesium, titanium, zirconium, sodium and potassium.

Class K Fires - Class K is a new classification of fire as

of 1998 and involves fires in combustible cooking fuels such

as vegetable or animal fats.

Combustion - is the self-sustaining process of rapid oxidation of a

fuel being reduced by an oxidizing agent along with the evolution of

heat and light.

Dry Chemicals and Halons - method of fire extinguishment, interrupt

the flame producing chemical reaction, resulting in rapid extinguishment.

Electrical Heat Energy

Dielectric Heating - The heating that results from the action

of either pulsating direct current, or alternating current

at high frequency on a non-conductive material.

Heat from Arcing - Heat released either as a high-temperature

arc or as molten material from the conductor.

 Heat Generated by Lightning - The heat generated by the

discharged of thousands of volts from either earth to cloud,

cloud to cloud or from cloud to ground.

Induction Heating - The heating of materials resulting from

an alternating current flow causing a magnetic field influence.

Leakage Current Heating - The heat resulting from imperfect

or improperly insulated electrical materials. This is

particularly evident where the insulation is required to

handle high voltage or loads near maximum capacity.

Resistance Heating - The heat generated by passing an

electrical force through a conductor such as a wire or

an appliance.

Static Electricity Heating - Heat released as an arc between

oppositely charged surfaces. Static electricity can be

generated by the contact and separation of charged surfaces

or by fluids flowing through pipes.

Endothermic Heat Reaction - A chemical reaction where a substance

absorbs heat energy.

Exothermic Heat Reaction - A chemical reaction where a substance

gives off heat energy.

Fahrenheit - On the Fahrenheit scale, 32 degrees is the melting point

of ice; 212 degrees is the boiling point of water.

Fire point - The temperature at which a liquid fuel will produce

vapors sufficient to support combustion once ignited. The fire point

is usually a few degrees above the flash point.

Fire Triangle - Oxygen, Fuel, Heat

Fire National Training Institute - (FNTI) the Institution for training

on human resource development of all personnel of the Bureau of Fire

Protection (BFP).

Flame - A gas-phased combustion.

Flammable or Explosive Limit - The percentage of a substance in air

that will burn once it is ignited. Most substances have an upper

(too rich) and a lower (too lean) flammable limit.

Flashover - an instance of a fire spreading very rapidly across a gap

because of intense heat. Occurs when a room or other area becomes

heated to the point where flames flash over the entire surface or area.

Flash Point - The minimum temperature at which a liquid fuel gives

off sufficient vapors to form an ignitable mixture with the air near

the surface. At this temperature, the ignited vapors will flash, but

will not continue to burn.

Fuel - is the material or substance being oxidized or burned in the

combustion process. Material such as coal, gas, or oil that is burned

to produce heat or power.

Fuel Removal - method of fire extinguishment, fire is effectively

extinguished by removing the fuel source. This may be accomplished by

stopping the flow of liquid or gaseous fuel or by removing solid fuel

in the path of the fire or allow the fire to burn until all fuel

is consumed.
Glowing Combustion - A condensed phased combustion.

Heat - the quality of being hot; high temperature. A form of energy

arising from the random motion of the molecules of bodies, which

may be transferred by conduction, convection, or radiation.

Heating - is transfer of energy, from a hotter body to a colder one,

other than by work or transfer of matter.

Heat of Combustion - The amount of heat generated by the combustion

(oxidation) process.

Heat Transfer

Conduction - Conduction is the transfer of energy through

matter from particle to particle. Heat may be conducted from

one body to another by direct contact of the two bodies or

by an intervening heat-conducting medium.

Convection - is the transfer of heat by the actual movement

of the warmed matter. Transfer of heat by the movement of

air or liquid.

Radiation - Electromagnetic waves that directly transport

energy through space.

Ignition Temperature - The minimum temperature to which a fuel in air

must be heated in order to start self-sustained combustion independent

of the heating source.

Heat - The form of energy that raises temperature. Heat is measured

by the amount of work it does.

Heat of Decomposition - The release of heat from decomposing compounds.

These compounds may be unstable and release their heat very quickly or

they may detonate.

Heat of Solution - The heat released by the mixture of matter in a

liquid. Some acids, when dissolved, give off sufficient heat to pose

exposure problems to nearby combustibles.

Mechanical Heat Energy

Frictional Heat - The heat generated by the movement between

two objects in contact with each other.

Friction Sparks - The heat generated in the form of sparks

from solid objects striking each other. Most often at least

one of the objects is metal.

Heat of Compression - The heat generated by the forced

reduction of a gaseous volume. Diesel engines ignite fuel

vapor without a spark plug by the use of this principle.

Nuclear Fission and Fusion - The heat generated by either the

splitting or combining of atoms.

Oxidation - The complex chemical reaction of organic material with

oxygen or other oxidizing agents in the formation of more stab le

compounds.

Oxidizing Agents - are those materials that yield oxygen or other

oxidizing gases during the course of a chemical reaction.

Oxygen Dilution - is the reduction of the oxygen concentration to

the fire area.

Phases of Fire

Incipient Phase (Growth Stage)

Free-Burning Phase (Fully Developed Stage)

Smoldering Phase (Decay Stage)

Products of Combustion

Fire gases

Flame

Heat

Smoke

Pyrolysis (also known as thermalde composition) - is defined as the

chemical decomposition of matter through the action of heat.

RA 6975 - created the BFP.

Bureau of Fire Protection (BFP) - administers and enforces

the fire code of the Philippines. The Fire Bureau shall

have the power to investigate all causes of fires and, if

necessary, file the proper complaints with the city or

provincial prosecutor who has jurisdiction over the case.

Chief of the Fire Bureau - rank is Director.

Deputy Chief for Administration of the Fire Bureau - 2nd

highest officer in the BFP. Rank is Chief Superintendent.

Deputy Chief for Operation of the Fire Bureau - the 3rd

highest officer in the BFP. Rank is Chief Superintendent.

Chief of Directorial Staff of the Fire Bureau - 4th highest

officer in the BFP. Rank is Chief Superintendent.

Directors of the Directorates in the respective national

headquarters office - rank is Senior Superintendent.

Regional Director for Fire Protection - The BFP

shall establish, operate and maintain their respective

regional offices in each of the administrative regions of

the country. Rank is Senior Superintendent.

- He/She shall be respectively assisted by the

following officers with the rank of superintendent:

Assistant Regional Director for Administration,

Assistant Regional Director for Operations, and

Regional Chief of Directorial Staff.

Assistant Regional Director for Fire Protection - The

assistant heads of the Department's regional offices - rank

is Senior Superintendent.

District Fire Marshall - the heads of the NCR district offices -

rank is Senior Superintendent.

Provincial Fire Marshall - the heads of the provincial offices -

rank is Superintendent.

District Fire Marshall - heads of the district offices - rank

is Chief Inspector.

Chief of Municipal/City Fire Station - (also called City/

Municipal Fire Marshall) - the heads of the municipal or

city stations - rank is Senior Inspector.

 Fire Station - at least one in every provincial capital, city

and municipality.

LGU - (Local Government Unit) - shall provide the site of the

Fire Station.

RA 9263 - this Act shall be known as the "Bureau of Fire Protection

and Bureau of Jail Management and Penology Professionalization Act of 2004.

The BFP is headed by a Chief to be assisted by 2 deputy chief, 1

for administration and 1 for operation, all appointed by the

President upon recommendation of DILG Secretary from among

qualified officers with at least the rank of Senior Superintendent

in the service.

In no case shall any officer who has retired or is retirable

within six (6) months from his/her compulsory retirement age

be appointed as Chief of the Fire Bureau or Chief of the

Jail Bureau.

The Chief of the Fire Bureau and Chief of the Jail Bureau

shall serve a tour of duty not to exceed four (4) years.

The President may extend such tour of duty in times of war

or other national emergency declared by Congress.

RA 9514 - this act shall be known as the fire code of the Philippines

of 2008. An Act establishing a comprehensive fire code of the

Philippines repealing PD 1185 and for other purposes.

Specific Gravity - the density of liquids in relation to water.

Spontaneous Heating - The heating of an organic substance without

the addition of external heat. Spontaneous heating occurs most

frequently where sufficient air is not present to dissipate the

heat produced.

Temperature Reduction - method of extinguishing fire, cooling the fuel

with water to a point where it does not produce sufficient vapor to burn.

Vapor Density - the density of a particular gas or vapor relative

to that of hydrogen at the same pressure and temperature.

Definition of Terms Under RA 9514

Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and ma nages

the use of a building for him.

Blasting Agent - Any material or mixture consisting of a fuel and

oxidizer used to set off explosives.

Cellulose Nitrate or Nitro Cellulose - A highly combustible and

explosive compound produced by the reaction of nitric acid with a

cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance,

materials or compound having cellulose nitrate (nitro cellulose)

as base.

Combustible, Flammable or Inflammable - Descriptive of materials

that are easily set on fire.

Combustible Fiber - Any readily ignitable and free burning fiber such

as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw,

Spanish moss, excelsior and other similar materials commonly

used in commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8

C (100 F).

Corrosive Liquid - Any liquid which causes fire when in contact with

organic matter or with certain chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive

materials attached to and extending below the bottom chord of the roof

trusses, to divide the underside of the roof into separate compartments

so that heat and smoke will be directed upwards to a roof vent.

Cryogenic - Descriptive of any material which by its nature or as a

result of its reaction with other elements produces a rapid drop

in temperature of the immediate surroundings.

Damper - A normally open device installed inside an air duct system

which automatically closes to restrict the passage of smoke or fire.

Distillation - The process of first raising the temperature in separate

the more volatile from the less volatile parts and then cooling and

condensing the resulting vapor so as to produce a nearly purifie d

substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the

proper proportion and ignited will cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage

of an electric current across a space between two conductors or

terminals due to the incandescence of the conducting vapor.

Ember - A hot piece or lump that remains after a material has

partially burned, and is still oxidizing without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental

or protective purposes.

Fire - The active principle of burning, characterized by the heat

and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn

easily or because it lacks adequate exits or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or

system to warm the occupants of the building or fire fighting

elements of the presence or danger of fire to enable them to

undertake immediate action to save life and property and to suppress

the fire.

Fire Door - A fire resistive door prescribed for openings in fire

separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an

increase in the probability of the occurrence of fire, or which

may obstruct, delay, hinder or interfere with fire fighting operations

and the safeguarding of life and property.

Fire Lane - The portion of a roadway or public way that should be kept

opened and unobstructed at all times for the expedient operation of

fire fighting units.

Fire Protective and Fire Safety Device - Any device intended for the

protection of buildings or persons to include but not limited to

built-in protection system such as sprinklers and other automatic

extinguishing system, detectors for heat, smoke and combustion

products and other warning system components, personal protective

equipment such as fire blankets, helmets, fire suits, gloves and other

garments that may be put on or worn by persons to protect themselves

during fire.

Fire Safety Constructions - Refers to design and installation of walls,

barriers, doors, windows, vents, means of egress, etc. integral to and

incorporated into a building or structure in order to minimize danger

to life from fire, smoke, fumes or panic before the building is

evacuated. These features are also designed to achieve, among others,

safe and rapid evacuation of people through means of egress sealed

from smoke or fire, the confinement of fire or smoke in the room or

floor of origin and de lay their spread to other parts of the building

by means of smoke sealed and fire resistant doors, walls and floors.

It shall also me an to include the treatment of buildings components

or contents with flame retardant chemicals.

Flash Point - The minimum temperature at which any material gives off

vapor in sufficient concentration to form an ignitable mixture with air.

Forcing - A process where a piece of metal is heated prior to changing

its shape or dimensions.

Fulminate - A kind of stable explosive compound which explodes by

percussion.
Hazardous Operation/Process - Any act of manufacturing, fabrication,

conversion, etc., that uses or produces materials which are likely

to cause fires or explosion.

Horizontal Exit - Passageway from one building to another or through

or around a wall in approximately the same floor level.

Hose Box - A box or cabinet where fire hoses, valves and other equipment

are stored and arranged for fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a

fire hose is wound and connected.

Hypergolic Fuel - A rocket or liquid propellant which consist of

combinations of fuels and oxidizers which ignite spontaneously on

contact with each other.

Industrial Baking and Drying - The industrial process of subjecting

materials to heat for the purpose of removing solvents or moisture

from the same, and/or to fuse certain chemical salts to form a

uniform glazing the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a

safety device in an electrical system.

Occupancy - The purpose for which a building or portion thereof is

used or intended to be used.

Occupant - Any person actually occupying and using a building or

portions thereof by virtue of a lease contract with the owner or

administrator or by permission or sufferance of the latter.

Organic Peroxide - A strong oxidizing organic compound which

releases oxygen readily. It causes fire when in contact with

combustible materials especially under conditions of high temperature.

Overloading - The use of one or more electrical appliances or devices

which draw or consume electrical current beyond the designed capacity

of the existing electrical system.

Owner - The person who holds the legal right of possession or title

to a building or real property.

Oxidizing Material - A material that readily yields oxygen in

quantities sufficient to stimulate or support combustion.

Pressurized Or Forced Draft Burning Equipment - Type or burner where

the fuel is subjected to pressure prior to discharge into the

combustion chamber and/or which includes fans or other provisions for

the introduction of air at above normal atmosphere pressure into the

same combustion chamber.

Public Assembly Building - Any building or structure where fifty (50)

or more people congregate, gather, or assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed

from the ground to the sky, deeded, dedicated or otherwise permanently

appropriated for public use.

Pyrophoric - Descriptive of any substance that ignites spontaneously

when exposed to air.

Refining - A process where impurities and/or deleterious materials are

removed from a mixture in order to produce a pure element of compound.

It shall also refer to partial distillation and electrolysis.

Self-Closing Doors - Automatic closing doors that are designed to

confine smoke and heat and delay the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to

separate impurities from pure metals.

Sprinkler System - An integrated network of hydraulically designed

piping installed in a building, structure or area with outlets

arranged in a systematic pattern which automatically discharges water

when activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which

fire hoses can be attached on each floor, including a system by which

water is made available to the outlets as needed.

Vestibule - A passage hall or antechamber between the outer doors

and the interior parts of a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends

from floor to floor, as well as from the base to the top of the

building.
Criminal Procedure Reviewer
c riminologists

6 :5 7 A M
criminology

Criminal Procedure

Definition of Terms

Affidavit of Desistance - the complainant states that he did not

really intend to institute the case and that he is no longer

interested in testifying or prosecuting.

Appeal - A proceeding for review by which the whole case is

transferred on the higher court.

Appellant - The party appealing

Appellee - The party adverse to the appellant.

Arraignment - It means for bringing the accused into court and

informing him of the nature and cause of the accusation against him.

Arrest - taking a person into custody in order that he may be bound

to answer for the commission of some offense, made by an actual

restraint of the person or by his submission to custody.

Attachment - It is a remedy afforded to the offended party to have

the property of the accused attached as security for the satisfaction

of any judgment that may be recovered from the accused.

Bail - security given for the release of a person in custody of law,

furnished by him or a bondsman, conditioned upon his appearance before

any court as required.

Bail Bond - an obligation under seal given by accused with one or

more sureties and made payable to proper officer with the condition

to be void upon performance by the accused of such acts as he may

legally be required to perform.

Brief - It literally means a short or condensed statement. The purpose

of the brief is to present to the court in concise form the points

and questions in controversy, and by fair argument on the facts and

law of the case, to assist the court in arriving at a just and

proper conclusion.

Capital Offense - It is an offense which, under the law existing at

the time of its commission and of the application for admission to

bail may be punished with death.

Certiorari - is used to correct only errors of jurisdiction and not

errors of judgment of an inferior court.

Confrontation - It is the act of setting a witness face to face with

the accused so that the latter may make any objection he ha s to the

witness, and the witness may identify the accused, and this must take

place in the presence of the court having jurisdiction to permit the

privilege of cross examination.

Counsel De Officio - He is counsel appointed by the court to represent

and defend the accused in case he cannot afford to employ one himself.

Complaint - sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer or other public

official charged with the enforcement of the law violated.

Continuous Trial System - Trial once commenced shall continue from

day to day as far as practicable until terminated; but it may be

postponed for a reasonable period of time for good cause.

Criminal Action - It is an action by which the State prosecutes a

person for an act or omission punishable by law.

Criminal Jurisdiction - It is the authority to hear and try a

particular offense and impose the punishment for it.

Criminal Procedure - It is the method prescribed by law for the

apprehension and prosecution of persons accused of any criminal offense

and for their punishment, in case of conviction.

Custodial Investigation - Involves any questioning initiated by law

enforcement officers after a person has been taken into custody or

otherwise deprived of his freedom of action in any significant way.

Demurrer To Evidence - It is an objection by one of the parties in

an action, to the effect that the evidence which his adversary produced

is insufficient in point of law, whether true or not, to make out a

case or sustain the issue.

Deposition - It is the testimony of a witness taken upon oral

questions or written interrogatories, in open court, but in pursuance

of a commission to take testimony issued by a court, or under a general

law or court rule on the subject, and reduced to writing and duly

authenticated, and intended to be used in preparation and upon the

trial of a civil or criminal prosecution.

Duplicity of the Offense - A complaint or information must charge

only one offense, except w hen the law prescribes a single

punishment for various offenses.

Error of Judgment - One which the court may commit in the exercise of

its jurisdiction.

Equipose Rule - where the evidence of the parties in a criminal case

are evenly balanced, the constitutional presumption of innocence should

tilt in favor of the accused who must be acquitted.

General Warrant - It is a process which authorizes the search and

seizure of things, in a general manner. It does not specify or

describe with particularity the things to be searched and seized.

This kind of warrant is VOID as it infringes on the constitutional

mandate requiring particular description of the things to be seized.

Habeas Corpus - is available when a person is imprisoned beyond the

maximum penalty imposed by law.

Hearing - It is not confined to trial but embraces the several stages

of litigation, including the pre-trial stage.

Improvident Plea - It is a plea without information as to all the

circumstances affecting it; based upon a mistaken assump tion or

misleading information or advice.

Information - accusation in writing charging a person with an offense,

subscribed by the fiscal and filed with the court.

Judgment - adjudication by the court that the accused is guilty or not

guilty of the offense charged, and the imposition of the proper penalty

and civil liability provided by law on the accused.

Mittimus - It is a process issued by the court after conviction to

carry out the final judgment.

Motion To Quash - a hypothetical admission that eve n if all the facts

alleged were true, the accused still cannot be convicted due to other

reasons.

New Trial - The rehearing of a case already decided but before the

judgment of conviction therein rendered has become final, whereby

errors of law or irregularities are expunged from the record or new

evidence is introduced or both steps are taken.

Nolle Prosequi - is a dismissal of the criminal case by the government

before the accused is placed on trial and before he is called to plead,

with the approval of the court in the exercise of its judicial discretion.

Oath - Includes any form of attestation by which a party signifies that

he is bound in conscience to perform an act faithfully and truthfully.

Parole - the conditional release of an offender from a penal or

correctional institution after he has served the minimum period of his

prison sentence under the continued custody of the state and under

conditions that permit his reincarceration if he violated the conditions

of his release.

Plea Bargaining - process whereby the accused and the prosecution in

a criminal case work out a mutually satisfactory disposition of the

case subject to court approval. It usually involves the defendant's

pleading guilty to a lesser offense or to only some of the counts of

a multi-count indictment in return for a lighter sentence than that

for the greater charge.

Prejudicial Question - It is one which arises in a case, the

resolution of which is a logical antecedent of the issue involved

therein and the cognizance of which pertains to another tribunal.

Preliminary Investigation - inquiry or proceeding to determine if

there is sufficient ground to engender a well-founded belief that a

crime cognizable by the RTC has been committed, and that the respondent

is probably guilty thereof, and should be held for trial.

Pre-Trial Order - It is an order issued by the court reciting the

actions taken, the facts stipulated and the evidence marked

during the pre-trial conference. Such order binds the parties and

limits the trial to those matters not disposed of.

Probable Cause - such facts and circumstances which would lead a

reasonably prudent man to believe that a crime has been committed and

the thing to be searched for and seized is in the place to be searched.

- Such reasons, supported by facts and circumstances,

as will warrant a cautious man in the belief that his action, and the

means taken in prosecuting it, are legally just and proper

Probable Cause For A Search - It is defined as such facts and

circumstances which would lead a reasonably discreet and prudent man

to believe that an offense has been committed and that the objects

sought in connection with the offense are in the place sought to

be searched.

Probable Cause In General - Such facts and circumstances antecedent

to the issuance of the warrant, that are in themselves sufficient to

induce a cautious man to believe that the person against whom the

search warrant is applied had committed or is about to commit a crime.

Probation - disposition under which a defendant after conviction and

sentences, is released subject to conditions imposed by the court and

to the supervision of a probation officer.

Property Bond - It is an undertaking constituted as a lien on the real

property given as security for the amount of the bail.

Provisional Remedy - It is one provided for present need or one that is

adopted to meet a particular exigency.

Reasonable Doubt - state of the case which, after full consideration

of all the evidence, leaves the mind of the judge in such a condition

that he cannot say that he feels an abiding conviction, to a moral

certainty, of the truth of the charge.

Recantation - A Witness who previously gave a testimony subsequently

declares that his statements were not true.

Recognizance - Obligation of record entered into before some court

of magistrate duly authorized to take it, with the condition to do

some particular act, the most usual condition in criminal cases being

the appearance of the accused for trial.

Reduced Bail - A person in custody for a period to or more than the

minimum of the principal penalty prescribed for the offense charged,

without application of the Indeterminate Sentence Law or any modifying

circumstance, shall be released on a reduced bail or on his own

recognizance at the discretion of the court.

Reverse Trial - When the accused admits the act or omission charged in

the complaint/information but interposes a lawful defense, the trial

court may allow the accused to present his defense first and thereafter

give the prosecution the opportunity to present his rebuttal evidence.

Scatter Shot Warrant - It is a warrant that is issued for more than

one offense. It is void, since the law requires that a warrant should

only be issued in connection with one specific offense.

Search - It is an examination of a man’s house, buildings or other

premises, or of his person, with a view to the discovery of some

evidence of guilt to be used in the prosecution of a criminal action

for some offense with which he is charged.

Searching Questions and Answers - Such questions as have the tendency

to show the commission of a crime and perpetrator thereof.

Search Warrant - an order in writing issued in the name of the People

of the Philippines, signed by a judge and directed to a peace officer,

commanding him to search for personal property described therein and

bring it before the court.

Seizure - It is the physical taking of a thing into custody;

contemplates a forcible disposition of the owner.

State Witness - One of two or more persons jointly charged with the

commission of a crime but who is discharged with his consent as such

accused so that he may be a witness for the state.

Stop and Frisk - A limited protective search of outer clothing for weapon.

Transactional Immunity - witness can no longer be prosecuted for any

offense whatsoever arising out of the act or transaction.

Trial - It is the examination before a competent tribunal according

to the laws of the land, of the facts put in issue in a case for the

purpose of determining such issue.

Trial in Absentia - accused in case of his non-appearance After

Arraignment despite due notice simply means that he thereby waives

his right to meet the witnesses face to face, among others.

Use and Derivative Use Immunity - witness is only assured that his

or her particular testimony and evidence derived from it will not be

used against him or her in a subsequent prosecution.

Criminal Law Reviewer (Book 1)
c riminologists

1 :5 5 A M
criminology

Criminal Law Reviewer

Definition of Terms

Abberatio Ictus – mistake in blow.

Absolutory Causes - where the act committed is a crime but for some

reason of public policy and sentiment, there is no penalty imposed.

Exempting and justifying circumstances are absolutory causes.

Accomplices - Persons who do not act as principals but cooperate in

the execution of the offense by previous and simultaneous acts,

which are not indispensable to the commission of the crime. They act as

mere instruments that perform acts not essential to the perpetration

of the offense.

Act – an overt or external act.

Actus Me Invito Factus Non Est Meus Actus – Any act done by me against

my will is not my act.

Agent - subordinate public officer charged w/ the maintenance of public

order and protection and security of life and property.

Aggravating Circumstances - Those which, if attendant in the commission

of the crime, serve to have the penalty imposed in its maximum period

provided by law for the offense or those that change the na ture of

the crime.

Generic - those which apply to all crimes.

Specific - those which apply only to specific crimes.

Qualifying - those that change the nature of the crime.

Inherent - which of necessity accompany the commission of the crime,

therefore not considered in increasing the penalty to be

imposed.

Special - those which arise under special conditions to increase

the penalty of the offense and cannot be offset by

mitigating circumstances.

Alternative Circumstances – Those which must be taken into consideration

as aggravating or mitigating according to the nature and effects of

the crime and the other conditions attending its commission.

Amnesty – is an act of the sovereign power granting oblivion or general

pardon. It wipes all traces and vestiges of the crime but does not

extinguish civil liability.

Astucia – (Craft) involved the use of intellectual trickery or cunning

on the part of the accused. A chicanery resorted to by the accused to

aid in the execution of his criminal design. It is employed as a

scheme in the execution of the crime.

Bill Of Attainder – A legislative act which inflicts punishment

without trial.
Commutation – change in the decision of the court by the chief regarding

the degree of the penalty by decreasing the length of the imprisonment

or fine.

Consummated Felonies - when all the elements necessary for its execution

and accomplishment are present.

Continued Crime – refers to a single crime consisting of a series of

acts but all arising from one criminal resolution. Although there is

a series of acts, there is only one crime committed, so only one

penalty shall be imposed.

Crime – acts and omissions punishable by any law.

Criminal law - A branch of municipal law which defines crimes, treats

of their nature and provides for their punishment.

Cruelty – there is cruelty when the culprit enjoys and delights in

making his victim suffer slowly and gradually, causing unnecessary

physical pain in the consummation of the criminal act.

Degree – one whole penalty, one entire penalty or one unit of the

penalties enumerated in the graduated scales provided for in Art. 71

Despoblado – (Uninhabited Place) one where there are no houses at all,

a place at a considerable distance from town, where the houses are

scattered at a great distance from each other.

Discernment - mental capacity to fully appreciate he consequences of

the unlawful act, which is shown by the manner the crime was committed

and conduct of the offender after its commission.

Disfraz (Disguise) – resorting to any device to conceal identity.

Duress - use of violence or physical force.

Dwelling - must be a building or structure exclusively used for rest

and comfort (combination of house and store not included), may be

temporary as in the case of guests in a house or bedspacers. It

includes dependencies, the foot of the staircase and the enclosure

under the house.

En Cuadrilla – (Band) whenever there are more than 3 armed malefactors

that shall have acted together in the commission of an offense.

Entrapment - ways and means are resorted to for the purpose of trapping

and capturing the lawbreaker in the execution of his criminal plan.

Error in personae – mistake in identity.

Exempting Circumstances - grounds for exemption from punishment

because there is wanting in the agent of the crime any of the conditions

which make the act voluntary or negligent.

Ex Post Facto Law - An act which when committed was not a crime,

cannot be made so by statute without violating the constitutional

inhibition as to ex post facto laws.

Felonies – acts and omissions punishable by the Revised Penal Code.

Fence – is a person who commits the act of fencing. A fence who

receives stolen property as above- provided is not an accessory but

a principal in the crime defined in and punished by the Anti-Fencing

Law.

Fencing – is an act, with intent to gain, of buying, selling, receiving,

possessing, keeping, or in any other manner dealing in anything o f

value which a person knows or should have known to be derived from the

proceeds of the crime of robbery or theft.

Fraud (fraude) – insidious words or machinations used to induce the

victim to act in a manner which would enable the offender to carry

out his design.

Good conduct allowance during confinement – Deduction for the term of

sentence for good behavior.

Habitual Delinquency or Multi-recidivism – 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 said crimes a

third time or oftener. This is an extraordinary aggravating

circumstance.

Habitual Delinquent - A person who, 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 any said crimes a third time or

oftener.
Ignominy – is a circumstance pertaining to the moral order, which

adds disgrace and obloquy to the material injury caused by the crime.

Imbecile - one while advanced in age has a mental development comparable

to that of children between 2 and 7 years old. He is exempt in all

cases from criminal liability.

Insane - one who acts with complete deprivation of intelligence/reason

or without the least discernment or with total deprivation of freedom

of will. Mere abnormality of the mental faculties will not exclude

imputability.

Instigation - Instigator practically induces the would-be accused into

the commission of the offense and himself becomes a co -principal.

Insuperable Clause - some motive, which has lawfully, morally or

physically prevented a person to do what the law commands.

Irresistible Force - offender uses violence or physical force to

compel another person to commit a crime.

Justifying Circumstances - where the act of a person is in accordance

with law such that said person is deemed not to have violated the law.

Mistake of Fact - misapprehension of fact on the part of the person

who caused injury to another. He is not criminally liable.

Mitigating Circumstances - those which if present in the commission

of the crime reduces the penalty of the crime but does not erase

criminal liability nor change the nature of the crime.

Nullum Crimen, Nulla Poena Sine Lege – There is no crime when there is

no law punishing it.

Obscuridad – (Night time) that period of darkness beginning at the end

of dusk and ending at dawn.

Omission – failure to perform a duty required by law.

Pardon – an act of grace proceeding from the power entrusted with the

execution of laws, which exempts the individual from the punishment

the law inflicts for the crime.

Parole – consists in the suspension of the sentence of a convict after

serving the minimum term of the indeterminate penalty, without granting

pardon, prescribing the terms upon which the sentence shall be

suspended. In case his parole conditions are not observed, a convict

may be returned to the custody and continue to serve his sentence

without deducting the time that elapsed.

Penalty – suffering inflicted by the State for the transgression

of a law.

Period – one of 3 equal portions, min/med/max of a divisible penalty.

A period of a divisible penalty when prescribed by the Code as a

penalty for a felony, is in itself a degree.

Person In Authority - public authority, or person who is directly

vested with jurisdiction and has the power to govern and execute

the laws.
Plurality Of Crimes – consists in the successive execution by the same

individual of different criminal acts upon any of which no

conviction has yet been declared.

Praetor Intentionem - lack of intent to commit so grave a wrong.

Prescription Of A Crime – is the loss/forfeiture of the right of the

state to prosecute the offender after the lapse of a certain time.

Prescription Of Penalty - means the loss/forfeiture of the right of

government to execute the final sentence after the lapse of a

certain time.

Probation - a disposition under which a defendant after conviction and

sentence is released subject to conditions imposed by the court and to

the supervision of a probation officer.

Proximate Cause - the cause, which in the natural and continuous

sequence unbroken by any efficient intervening cause, produces the

injury, without which the result would not have occurred.

Quasi-Recidivism – Where a person commits felony before beginning to

serve or while serving sentence on a previous conviction for a

felony. This is a special aggravating circumstance.

Rank - The designation or title of distinction used to fix the

relative position of the offended party in reference to others

(There must be a difference in the social condition of the offender

and the offended party).

Recidivism – Where a person, on separate occasions, is convicted of

two offenses embraced in the same title in the RPC. This is a

generic aggravating circumstance.

Recidivist – one who at the time of his trial for one crime, shall

have been previously convicted by final judgment of another crime

embraced in the same title of the RPC.

Reiteracion or Habituality – Where the offender has been previously

punished for an offense to which the law attaches an equal or greater

penalty or for two crimes to which it attaches a lighter penalty.

This is a generic aggravating circumstance.

Stand Ground When in The Right - the law does not require a person

to retreat when his assailant is rapidly advancing upon him with a

deadly weapon.

Treachery – when the offender commits any of the crimes against the

person, employing means, methods or forms in the execution thereof

which tend directly and specially to insure its execution without

risk to himself arising from the defense which the offended party

might make.

Uncontrollable Fear - offender employs intimidation or threat in

compelling another to commit a crime.

Unlawful Entry - when an entrance is effected by a way not intended

for the purpose.

Youthful offender – over 9 but under 18 at time of the commissio n

of the offense.

Criminal Justice System Definition Of Terms

4 Principal Methods Of Implementing The Punitive Policy Used During The History Of Mankind

1. Physical Torture
2. Social Degradation
3. Financial Loss
4. Removal from the group by death, exile or imprisonment.

Alphonse Bertillon – One who originated a system of classifying criminals according to bodily measurements.

Ancient Rome – A nation who pioneered banishment as a form of punishment.

Approaches To The Explanation Of Crime

1. Subjective Approach
2. Objective Approach

Subjective Approach

1. Anthropological Approach
2. Medical Approach
3. Biological Approach
4. Physiological Approach
5. Psychological Approach
6. Psychiatric Approach
7. Psycho-Analytical Approach

Objective Approach

1. Geographic Approach
2. Ecological Approach
3. Economic Approach
4. Sociological and Cultural Approach
Australia – A place where after the Americans gained their independence from England in 1786, the prisoners of England
were transferred until 1867.

Autophobia – It is a morbid fear of one's self or of being alone.

Berlin – The country where the last burning at the stake was made until 1786.

Biology – Is the study of living things. The science that deals with the origin, history, physical characteristics, life, processe
habits etc. of plants and animals.

Classical School – This school of penology which Beccaria made of the first significant contributions and to which Roussea
Montesquieu and Voltaire belonged maintained the doctrine of psychological hedonism, that the individual calculates
pleasures and pains in advance of action and regulates his conduct by the results of his calculations. That since punishme
must be one that can be calculated, it must be same for all individual regardless of age, mentality, social or other
conditions.

Criminalistics – Sum total of the application of all sciences in crime detection. A criminal commits crime by means of thing
or he leaves something in the crime scene.

These Physical Evidence Include But Not Limited To The Following

1. Blood and Blood stain

2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more

Criminal Etiology – Is an attempt at scientific analysis of the causes of crime.

Criminological Schools -

1. Cartographical School
2. The Socialist School
3. The Psychiatric School
4. Sociological and Social-Psychological School.

David W. Maurer – An American authority in police matters who in his books “The Big Con – 1940” once said the domina
culture would control the predatory cultures without difficulty and what is more, it could exterminate them for no crimin
subculture can operate continuously and professionally without the connivance of the law.

Divisions Of Criminalistics -
 1. Scientific - a. Chemistry
b. Physics
c. Biology
2. Technological – a. Questioned Document Examination
b. Firearms Identification
c. Fingerprint Identification

Italian Theory – Dr. Cesare Lombroso

3 Classes of Criminals

1. Born Criminals – Atavism

2. Insane Criminals – Idiots, imbecile, dementia, paralysis, pelagno etc.
3. Criminaloids – Not born with physical stigma but who are of such mental makeup
that they display anti social conduct. Criminaloids are persons suffering from psychological defec

Proponents/Pioneer of Italian theory

1. Dr. Cesare Lombroso

2. Enrico Ferri
3. Garofalo

John Howard – The great prison reformer who wrote “The state of prisons in england in 1777 after a personal investigatio
of practically all the prisons in England.

Middle Of The 16th Century – The period when the first house of correction appeared in England on the petition of Bisho
Ridley of London for help in dealing with the sturdy vagabonds of the city. The King gave his place at Bridewell to be one o
the hospitals of the city for lewd and idle and a place for the employment of the unemployed and the training of children

Modern Trend In Criminology And Penology – Is that the offender in society regardless of the gravity of the offense must
corrected and rehabilitated for eventual return to the community.

Neo-Classical School – This school arose at the time of the French revolution and the period immediately following,
maintained that while the classical school was correct in general, it should be modified in certain details since children an
lunatic can not calculate pleasures and pain, they should not be regarded as criminals or to be punished.

PEACE – Philippine Educator's Association for Criminology Education, January 15, 1983.

Penology – Concerned with the control and prevention of crime and the treatment of youthful offenders.
Phenomenon – Any extremely unusual or extra ordinary thing or occurrence.

Philippine College Of Criminology – At Sta. Cruz Manila, Formerly known as Plaridel College, 1950's.

Founders:

1. Manila Police Major Eliseo Vibar

2. Dr. Pedro Solis of NBI
3. SC Associate Justice Felix Bautista Angelo

Peter Rentzel – A private person who in 1669 established a work house in hamburg at his own expense because he had
observed that thieves and prostitutes were made worse instead of better by pillory and he hoped that they might be
improved by work and religious instruction in the workhouse.

Police/Law Enforcement – The core of the criminal justice system or the institution which the other machineries of the
criminal justice system are developed.

Positive School – This school denied individual responsibility and reflected an essentially non punitive reaction to crime an
criminality. The adherents of this school maintained that a crime as any other act is a natural phenomenon like tornado,
flood etc.

Principal Division Of Criminology -

1. Criminal Etiology
2. Sociology of Law
3. Penology

Social Contract Theory – It is based on the principle that it is the obligation of the state to protect and provide safety of th
people and to promote the happiness of its constituent members. In return for these services, it is the obligation of the
individual member to surrender a small portion of his natural liberty in obedience to the valid laws of the state.

Social Control Theory – Since man has enjoyed freely the protection and security, it is necessary for the state to assume
some sort of control over the behavior of the members so that the greatest happiness for the majority can be obtained.

Sociology Of Law – Is an attempt at scientific analysis of the conditions under which penal/criminal laws develop as a
process of formal social control.

Theories Underlying Criminal Law In Relation To Man

 1. Classical Theory
2. Neo-Classical Theory
3. The Positive and Italian Theory

*The behavior system in crime may be described by its 3 principal characteristics except “it is not merely an aggregation o
individuals criminal acts”.

 The maintenance of peace and order is the joint and several responsibility of man and his government. Can be
described by the following theories:

1. Social Contract Theory

2. Social Control theory

Human Behavior and Crisis Management Definition of Terms

2 Basic Instinct/Impulse

1. Eros – life instinct – preservation of life

2. Thanatos – Death instinct

3 Possible Causes Of Crime And Delinquency

1. Conscience so over bearing – strong

2. Weak Conscience
3. Desire for immediate gratification of needs

3 Components Of The Human Personality

1. ID
2. Ego
3. Super Ego

3 Dimension Of Personality Related To Criminal Behavior –

Eysencks Theory

1. Psychotism
2. Extroversion
 3. Neurotism

46 Chromosomes – normal person.

Female – XX on 23rd chromosomes

Male - XY on 23rd chromosomes

Anal – Anus is the source of gratification.

Basic concept Of The Crisis Theory

1. Equilibrium
2. Time
3. Change

Behavior -

1. Overt – directly seen

2. Covert – motives, emotions

Catatonic – wax – motor disorder, will stay in one position for a long period without moving, harmless.

Change – the result of crisis on individual.

Coprolalia – obtaining of sexual pleasure by using or hearing certain dirty words

Criminal Psychology – Human conduct against criminal laws.

Crisis – A state provoked when a process faces obstacle, hazard to important life goals that is for a time insurmountable
through the utilization of customary method of problem solving.

Delusion – erroneos belief

1. Delusion of persecution
2. Delusion of grandeur – you feel as a powerful person

Dyspareunia – painful intercourse

Ego – In charge with reality.

Electra Complex – For female, female child develop hatred to the mother but sexual attraction to the father.

Equilibrium – state of balance or adjustment between opposite or divergent influences.

Exhibitionism – exposure of genitals in pjublic.

Extroversion – sensation seeking, anventurous, dominant, assertive.

Faotreurism – rubbing genitals to other person.

Fetishism/Fatalism – sex objects are not human.

Frigidity – inability to have sexual arousal and enjoy coitus.

Genetic Basis Of Criminology – bad seed theory.

Genital – With other person.

Gonorrhea – infection of genitals acquired through sexual contacts.

Symptoms
1. Inflammation
2. Discharge of white, yellow or yellowish green fluid
from the urethra
3.Burning sensation when urinating

Treatment – injection of penicillin

Halucination – perceive something without realistic basis.

Hebephrenic – harmless, excessive withdrawal from human contact, characterized by silliness and child like mannerism.

Herpes – infection of the genetals acquired after 2-20 days of sexual contact with the carrier.

Symptoms

1. Sores, ruptures, and blisters

2. It is recurrent

Treatment – no sure cure yet

Histrionic – characterized bhy over reactivity. OA

Homosexuality – sexual attraction and relationship with the person of the same sex.

ID – Based on pleasure principle. Animal instinct.

Incest – sex with close relative

Insanity – Symptoms

1. Halucination
2. Delusion

Klismaphilia – erotic activity involving the anal region

Masochism – he is the one being hurt.

Mental disorder – is insanity. Is known as severe psychosis, also called schizophrenia.

Narcisism – love of one's self

Narcisistic Personality – inflated ego, “mataas ang pagtingin sa sarili”

Necrophilia – sex with a corpse

Neurotism – low self esteem, mood swings, excessive anxiety.

Oedipus Complex – For male, male child develop hatred to the father but sexual attraction to the mother.

Oral – Mouth is source of gratification. From birth up to 3 years.

Paranoid – characterized by extreme suspiciousness, most dangerous.

Paranoid Personality – characterized by suspiciousness but absence of delusion and halucination. Neurotic.

Paraphilias – abnormal ways of sexual gratification.

Personality Disorder – not insane

 1. Psychopath/Sociopath/Anti-social personality
2. Narcisistic Personality
3. Paranoid Personality
4. Histrionic
5. Schizoid Personality

Phallic – Source of pleasure is the sex organ. About 5 years old.

Phedophilia – having sex with children, usually below 13 years old.

Psychology – Study of behavior.

Psychopath – no sense of shame, no morality, do not learn from their experience.

Psychosexual development

1. Oral
2. Anal
3. Phallic
4. Genital

Psychotism – aggressive, egocentric, impulsive.

Sadism – a person who achieve sexual satisfaction by seeing the partner suffer.

Sado-Masochism – both sadism and masochism

Schizoid Personality – extreme social withdrawal.

Sexual Disorders -

1. Sexual Dysfunctions
2. Paraphilias
3. Gender identity Disorder

Sexual Dysfunction – sexual disorder. Arousal disorder.

1. Failure to achieve orgasm

2. Premature orgasm

Sigmund Freud – psycho analytic theory.

Super Ego – In charge with morality – conscience.

Syphilis – STD disease acquired 3-4 weeks after sexual contact with an infected person.

Symptom – Sore or chancre in the penis or scrotum for male, cervix or vaginal

walls for woman, can be diagnosed by blood test.

Treatment – antibiotics

Time – involves the period of disorganization, period of upset, and the period of adaptation.

Transvestism – cross-dressing, sexual gratification by wearing the clothes of the opposite sex.

Types Of Psychosis

1. Disorganized or hebephrenic
2. Catatonic
3. Paranoid
4. Undifferentiated

Undeffirentiated – simple schizophrenia, do not care about their hygiene anymore, harmless, taong grasa.

Venereal Diseases – sexually transmitted diseases

1. Gonorrhea
2. Syphilis
3. Herpes
4. Aids

Voyeurism – peeping tom

XYY – appearance of extra chromosomes, violent people. Aggressive, usually tall.

Zoophilia/Bestiality – having sex with animal

Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,
treats of their nature and provides for their punishment.
Characteristics of Criminal Law
1. General 2. Territorial 3. Prospective

General - binding on all persons who reside or sojourn in the

Philippines.
Exceptions:
1. Treaty Stipulation
2. Laws of Preferential Application
3. Principles of Public International Law
ex. 1. Sovereigns and other chief of state
2. Ambassadors, Minister resident, and
charges d' affaires

Note: Consuls, Vice Consuls, and other foreign

commercial representatives can not claim the
privileges and immunities accorded to
ambassadors and ministers.

Territorial - Penal laws of the Philippines are enforceable only

within its territory.
Exception: Art. 2 of the RPC - binding even on
crimes committed outside the Philippines.
1. Offenses committed while on a Philippine ship
or airship.
2. Forging or counterfeiting any coin or currency
note of the Philippines or obligations and
securities issued by the government.
3. Introduction into the country of the above
mentioned obligations and securities.
4. While being public officers and employees, an
offense is committed in the exercise of their
functions.
5. Crimes against the National Security and the Law
of the Nations.

Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the
accused.

Exception to the Exception:

 1. The New Law is expressly made inapplicable
to pending actions or existing causes of
action.
2. Offender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between
good and evil, that is why more stress is placed upon the
result of the felonious act than upon the criminal himself. The
purpose of penalty is retribution. The RPC is generally
governed by this theory.

2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in the provisions
on impossible crimes and habitual delinquency.

3. Mixed Theory - combination of the classical and positivist

theories wherein crimes that are economic and social in
nature should be dealt in a positive manner. The law is thus
more compassionate.

Construction of Penal Laws

1. Liberally construed in favor of offender.
Example: a. The offender must clearly fall within the terms
of the law.
b. An act is criminal only when made so by the
statute.
2. In cases of conflict with official translation, original Spanish
text is controlling.
3. No interpretation by analogy.

Limitations on Power of Congress to Enact Penal Laws

1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the
constitution.
4. Law which imposes cruel and unusual punishments nor
excessive fines.

Personal Identification Reviewer 2

1. It is an electronic device used to capture a digital image of the
 finger print pattern.
A. Fingerprint
B. Fingerprint Identification
C. Fingerprint Sensor
D. Electronic Recording

2. It refers to the identification of humans by their characteristics

or traits.
A. Fingerprint
B. Fingerprint Identification
C. Fingerprint Sensor
D. Biometrics

3. A U-turn in the ridge pattern.

A. Island
B. Delta
C. Bridge
D. Core

4. A Y-shape ridge meeting.

A. Delta
B. Island
C. Cross-over
D. Core

5. A short ridge that runs between two parallel ridges.

A. Ridge Enclosure
B. Bridge
C. Ridge Ending
D. Cross-over

6. A bifurcation with a short ridge branching off a longer ridge.

A. Spur
B. Ridge Bifurcation
C. Ridge Enclosure
D. Island

7. A single ridge that bifurcates and reunites shortly afterwards

to continue as a single ridge.
A. Spur
B. Ridge Bifurcation
 C. Ridge Enclosure
D. Island

8. A single small ridge inside a short ridge or ridge ending that is

not connected to all other ridges.
A. Ridge Ending
B. Island
C. Cross-over
D. Spur

9. A ridge that commences, travels a short distance and then

ends.
A. Short Ridge
B. Ridge Ending
C. Spur
D. Cross-Over

10. Short Ridge is also known as

A. Spur
B. Bridge
C. Island
D. Independent Ridge

Answer:

1. C
2. D
3. D
4. A
5. B
6. A
7. C
8. B
9. A
10. D

Industrial Security Management Reviewer 1

1. The Private Security Agency Law is known as
A. R.A. No. 5487
B. R.A. No. 5467
C. R.A. No. 5476
D. R.A. No. 5478
2. Any Person who, for hire or reward or on commission, conducts
or carries on or holds himself or itself out as conducting or
carrying on a detective agency or detective service.
A. Private Security Guard
B. Private Detective
C. Private Security Agency
D. Private Detective Agency

3. Any Person who is not a member of a regular police agency

or the Armed Forces of the Philippines who does detective
work for hire, reward or commission.
A. Private Detective Agency
B. Private Detective
C. Private Security Guard
D. Private Security Agency

4. Any Person who offers or renders personal service to

watch or secure either residential or business establishment
or both, or any building, compound or area including but not
limited to logging concession, agricultural, mining, or pasture
lands for hire or compensation or as an employee thereof is
known as
A. Security Guard
B. Private Security Agency
C. Private Detective Agency
D. Private Security Agency

5. Any Person, Association, Partnership or Corporation who

recruits, trains, muster, furnishes, solicits individuals or
business firms, private or government owned or controlled
corporations to engage his service or those of its watchmen
is known as
A. Private Security Guard
B. Private Detective
C. Private Detective Agency
D. Private Security Agency

6. Security Agency must be owned and controlled by how many

percentage of Filipino ownership?
A. 100% Filipino
 B. 90% Filipino
C. 75% Filipino
D. 60% Filipino

7. How many security agency may a person organize or have an

interest in?
A. Four
B. Three
C. Two
D. One

8. The Operator or Manager of a security agency must be at

least
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. A
2. D
3. B
4. A
5. D
6. A
7. D
8. A
9. C
10. D

Criminal Justice System Reviewer 1

1. It is the act of committing the crime.
A. Mens Rea
B. Actus Reus
C. Abberatio Ictus
D. Pro Reo

2. It is the mental knowledge of committing the crime.

A. Mens Rea
B. Actus Reus
C. Abberatio Ictus
D. Pro Reo

3. In Latin, It literally mean "Stand by things decided".

A. Abberatio Ictus
B. Pro Reo
C. Stare Decisis
D. Actus Reus

4. It involves community supervision in lieu of prison.

A. Parole
B. Probation
C. Community Service
D. Incarceration

5. It entails the supervised release of offenders after they have

served a portion of their sentence.
A. Parole
B. Probation
C. Community service
D. Incarceration

6. Behaviors that are law violations only for youth of juvenile

status.
A. Misdemeanor
B. Minor offenses
C. Delinquency offenses
 D. Status Offenses

7. It is an act committed by a juvenile for which an adult could

be prosecuted in criminal court.
A. Misdemeanor
B. Minor Offenses
C. Delinquency Offenses
D. Status Offenses

8. The 3 Components of the American Criminal Justice system.

A. Police, Prosecution, Community
B. Police, Courts, Community
C. Police, Prosecution, courts
D. Police, Courts, Corrections

9. One of the following is a status offense.

A. Prostitution
B. Truancy
C. Theft
D. Robbery

10. Which of the following is not a status offense.

A. Prostitution
B. Truancy
C. Curfew Violations
D. Underage Drinking

Answers:

1. B
2. A
3. C
4. B
5. A
6. D
7. C
8. D
9. B
10. A

Notes:
1. Criminal Justice System - The Interdependent actors and
agencies, law enforcement agencies, the courts, the
correctional systems, and victim services at the local and
national levels of govt. that deal with the problem of crime.

2. Secondary Victims - family and friends of an individual who has

been victimized.

3. Wedding Cake Model - An explanation of the workings of the

criminal justice system that shows how cases get filtered
according to the seriousness of the offense.

4. Crime Prevention - Measures taken to reduce the opportunity

for crime commission by individuals predisposed to such.

5. Crime Control Model - A model of the criminal justice system

that emphasizes the efficient arrest and processing of alleged
criminal offenders.

6. Due Process Model - A model of the criminal justice system

that emphasizes individual rights at all stages of the
justice process.

7. Moral Panic - The reaction by a group of people based on

exaggerated or false perceptions about crime and criminal
behavior.

8. Victim Advocate - A professional who assists the victim during

the post victimization period.

9. Parole - An early release from prison based on complying

with certain standards while free.

10. Probation - An alternative to prison or jail in which the

offender remains in the community under court supervision.

BOOK 1

General Provisions
Art.1. Time When Act Takes Effect
Art.2. Application of Its Provisions
Art.3. Definitions: Acts and Omissions Punishable by law Are Felonies
Art.4. C riminal Liability
 Art.5. Duty Of The C ourts Acts Not C overed By Law
Art.6. C onsummated, Frustrated, And Attempted Felonies
Art.7. When Light Felonies Are Punishable
Art.8. C onspiracy And Proposal To C ommit Felony
Art.9. Grave Felonies, Less Grave Felonies And Light Felonies
Art.10. Offenses Not Subject To The Provisions of this code
Art.11. Justifying C ircumstances
Art.12. C ircumstances Which Exempt from C riminal Liability
Art.13. Mitigating C ircumstances
Introduction To Aggravating C ircumstances
Art.14. Aggravating C ircumstances
Art.15. Alternative C ircumstances
Art.16. Who Are C riminally Liable
Art.17. Principals
Principal By Direct Participation
Principal By Induction
Principal By Indispensable C ooperation
Art.18. Accomplices
Art.19. Accessories
Art.20. Accessories Who Are Exempt From C riminal Liability
Art.21. Penalties That May Be Imposed
Art.22. Retroactive Effect Of Penal Laws
Art.23. Effect Of Pardon By The Offended Party
Art.24. Measures Of Prevention Or Safety Which Are Not C onsidered Penalties
Art.25. Penalties Which May Be Imposed
Art.26. When Afflictive, C orrectional, Or Light Penalty
Art.27. Reclusion Perpetua
Art.28. C omputation Of Penalties
Art.29. Period Of Preventive Imprisonment Deducted From Term Of Imprisonment
Art.30. Effects Of The Penalties Of Perpetual Or Temporary Absolute Disqualification
Art.31. Effect Of The Penalties Of Perpetual Or Temporary Special Disqualification
Art.32. Effect Of The Penalties Of Perpetual Or Temporary Special Disqualification
For The Exercise Of The Right Of Suffrage
Art.33. Effects Of The Penalties Of Suspension From Any Public Office
Art.34. C ivil Interdiction
Art.35. Effects Of Bond To Keep The Peace
Art.36. Pardon; Its Effects
Art.37. C ost; what Are Included
Art.38. Pecuniary Liabilities; Order Of Payment
Art.39. Subsidiary Penalty
Art. 40. Death; Its Accessory Penalties
Art. 41. Reclusion Perpetua and Reclusion Temporal; Their Accessory Penalties
Art. 42. Prision Mayor; Its Accessory Penalties
Art. 43. Prision C orrecccional; Its Accessory Penalties
Art. 44. Arresto; Its Accessory Penalties
Art. 45. C onfiscation And Forfeiture Of The Proceeds Or Instruments Of The C rime
Art.46. Penalty To Be Imposed Upon Principals In General
Art.47. In What C ases The Death Penalty Shall Not Be Imposed
Art.48. Penalty For C omplex C rimes
Art.49. Penalty When C rime C ommitted Different Than Intended
Art. 50: Penalty to be imposed upon principals of a frustrated crime
Art. 51: Penalty to be imposed upon principals of attempted crimes
Art. 52: Penalty to be imposed upon accomplices in consummated crime
Art. 53: Penalty to be imposed upon accessories to the commission of a
consummated felony
Art. 54: Penalty to imposed upon accomplices in a frustrated crime
Art. 55: Penalty to be imposed upon accessories of a frustrated crime
Art. 56: Penalty to be imposed upon accomplices in an attempted crime
Art. 57: Penalty to be imposed upon accessories of an attempted crime
Application of Art. 50 - 57
Art.58. Additional Penalty To Be Imposed Upon C ertain Accessories
Art.59. Penalty To Be Imposed In C ase Of Failure To C ommit The C rime
Art.60. Exception To The Rules Established In Art. 50 To 57
Art.61. Rules For Graduating Penalties
Art.62. Effect Of The Attendance Of Habitual Delinquency
Art.63. Rules For The Application Of Indivisible Penalties
Art.64. Rules For The Application Of Penalties Which C ontain 3 Periods
Art.65. Rule In C ases In Which The Penalty Is Not C omposed Of Three Periods
Art.66. Imposition Of Fines
Art.67. Penalty To Be Imposed When Not All The Requisites Of.....
Art.68. Penalty To be Imposed Upon A Person Under 18 Years Of Age
Art.69. Penalty To Be Imposed When The C rime C ommitted Is Not Wholly Excusable
Art.70. Successive Service Of Sentence
Art.71. Graduated Scales
Art.72. Preference In The Payment Of The C ivil Liabilities
Art.73. Presumption In Regard To The Imposition Of Accessory Penalties
Art.74. Penalty Higher Than Reclusion Perpetua In C ertain C ases
Art.75. Increasing or reducing the penalty of fine by one or more degrees
Art.76. Legal period of duration of divisible penalties
Art.77. When The Penalty Is A C omplex One C omposed Of Three Distinct Penalties
Art.78. When And How A Penalty Is To Be Executed
Art.79. Suspension Of The Execution And Service Of The Penalties...
Art.80. Suspension Of Sentence Of Minor Delinquents
Art.81.
Art.82.
Art.83.
Art.84.
Art.85.
Art.86.
Art.87.
Art.88.
Execution Of Principal Penalties Art. 81 - Art. 88
Art.89. How C riminal Liability Is Totally Extinguished
Art.90. Prescription Of C rime
Art.91. C omputation Of Prescription Of Offenses
Art.92. When And How Penalties Prescribe
Art.93. C omputation Of The Prescription Of Penalties
Art.94. Partial Extinction Of C riminal Liability
Art.95. Obligations Incurred By Person Granted C onditional Pardon
Art.96. Effect Of C ommutation Of Sentence
Art.97. Allowance For C onduct
Art.98. Special Time Allowance For Loyalty
Art.99. Who Grants Time Allowances
Art.100. C ivil Liability Of A Person Guilty Of Felony
Art.101. Rules Regarding C ivil Liability In C ertain C ases
Art.102. Subsidiary C ivil Liability Of Innkeepers
Art.103. Subsidiary C ivil Liability Of Other Persons
Art.104. What Is Included in C ivil Liability
 Art.105. Restitution; How Made
Art.106. Reparation; How Made
Art.107. Indemnification; What is Included
Art.108. Obligation To Make Restoration; Upon Whom It Devolves
Art.109. Share Of Each Person C ivilly Liable
Art.110. Several And Subsidiary Liability Of Principals
Art.111. Obligation To make Restitution In C ertain C ases
Art.112. Extinction Of C ivil Liability
Art.113. Obligation To Satisfy C ivil Liability

BOOK II

Crimes Against National Security And The Law Of Nations - Title I

Art.114. Treason
Art.115. C onspiracy and Proposal To C ommit Treason
Art.116. Misprision Of Treason
Art.117. Espionage
Art.118. Inciting To War Or Giving Motives For Reprisals

Art.119. Violation Of Neutrality

Art.120. C orrespondence With Hostile C ountry
Art.121. Flight To Enemy's C ountry
Art.122. Piracy In General And Mutiny On The High Seas
Art.123. Qualified Piracy

Crimes Against The Fundamental Laws Of The State - Title II

Art.124. Arbitrary Detention

Art.125. Delay In The Delivery Of Detained Persons To The Proper Judicial Authorities
Art.126. Delaying Release
Art.127. Expulsion
Art.128. Violation Of Domicile
Art.129. Search Warrant Maliciously Obtained
Art.130. Searching Domicile Without Witnesses
Art.131. Prohibition, Interruption, and Dissolution of Peaceful Meetings
Art.132. Interruption Of Religious Worship
Art.133. Offending Religious Feelings

Crimes Against Public Order - Title III

Art.134 - A. C oup D' Etat
Art.135. Penalty For Rebellion, Insurrection, Or C oup D' Etat
Art.136. C onspiracy And Proposal To C ommit Rebellion, C oup D' Etat Or Insurrection
Art.137. Disloyalty Of Public Officers Or Employees
Art.138. Inciting To Rebellion Or Insurrection
Art.139. Sedition
Art.140. Penalty For Sedition Person Liable
Art.141. C onspiracy To C ommit Sedition
Art.142. Inciting To Sedition
Art.143. Acts Tending To Prevent The Meeting Of C ongress
Art.144. Disturbance Of Proceedings
Art.145. Violation Of Parliamentary Immunity
Art.146. Illegal Assemblies
Art.147. Illegal Associations
Art.148. Direct Assault
Art.149. Indirect Assault
Art.150. Disobedience To Summons Issued By C ongress
Art.151. Resistance And Disobedience To A Person In Authority
Art.152. Person In Authority And Agents Of Person In Authority
 Art.153. Tumults And Other Disturbances Of Public Order
Art.154. Unlawful Use Of Means Of Publication And Unlawful Utterances
Art.155. Alarms And Scandals
Art.156. Delivery Of Prisoners From Jail
Art.157. Evasion Of Service Of Sentence
Art.158. Evasion Of Service Of Sentence On The Occasion Of Disorder
Art.159. Other C ases Of Evasion Of Service Of Sentence
Art.160. C ommission Of Another C rime During Service Of Penalty

Crimes Against Public Interest - Title IV

Art.161. C ounterfeiting The Great Seal Of The Government Of The Philippines
Art.162. Using Forged Signature Or C ounterfeit Seal Or Stamp
Art.163. Making And Importing And Uttering False C oins
Art.164. Mutilation Of C oins - Importation And Utterance Of Mutilated C oins
Art.165. Selling Of False Or Mutilated C oin, Without C onnivance
Art.166. Forging Treasury Or Bank Notes
Art.167.C ounterfeiting, Importing, And Uttering Instruments Not Payable To Bear er
Art.168. Illegal Possession And Use Of False Treasury Or Bank Notes
Art.169. How Forgery Is C ommitted
Art.170. Falsification Of Legislative Documents
Art.171. Falsification By Public Officer, Employee, Or Notary
Art.172. Falsification By Private Individuals And Use Of Falsified Instruments
Art.173. Falsification Of Wireless, C able Telegraph And Telephone Messages
Art.174. False Medical C ertificates or Merit Or service
Art.175. Using False C ertificates
Art.176. manufacturing And Possession Of Instruments For Falsification
Art.177. Usurpation Of Authority Or Official Functions
Art.178. Using Fictitious Name And concealing True Name
Art.179. Illegal Use Of Uniforms Or Insignia
Art.180. False Testimony Against A Defendant
Art.181. False Testimony Favorable To The Defendant
Art.182. False Testimony In C ivil C ases
Art.183. False Testimony In Other C ases And Perjury In Solemn Affirmation
Art.184. Offering False Testimony In Evidence
Art.185. Machinations In Public Auctions
Art.186. Monopolies And C ombinations In Restraint Of Trade
Art.187. Importation And Disposition Of Falsely Marked Articles
Art.188. Substituting And Altering Trademarks, Tradenames, Or Service Marks
Art.189. Unfair C ompetition

CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS - Title V

Art.190 to 194 - repealed by RA 6425 - Dangerous Drugs Act Of 1972

RA. NO. 9165 - C omprehensive Dangerous Drugs Act Of 2002

Crimes Against Public Morals - Title VI

Art.195 to 199 - repealed by PD 1602

Art.200. Grave Scandal

Art.201. Immoral Doctrines, Obscene Publications and Exhibitions
Art.202. Vagrants And Prostitutes

PD. NO. 449 - C ockfighting Law of 1974

PD. NO.1602 - Prescribing Stiffer Penalties In Illegal Gambling

Crimes Committed By Public Officers - Title VII

Art.203. Who Are Public Officers

 Art.204. Knowingly Rendering An Unjust Judgment
Art.205. Judgment Rendered Through Negligence
Art.206. Unjust Interlocutory Order
Art.207. Malicious Delay In The Administration Of Justice
Art.208. Prosecution Of Offenses: Negligence And Tolerance
Art.209. Betrayal Of Trust By An Attorney Or Solicitor - Revelation Of Secrets
Art.210. Direct Bribery
Art.211. Indirect Bribery
Art.211-A. Qualified Bribery
Art.212. C orruption Of Public Officials
Art.213. Frauds Against The Public Treasury And Similar Offenses
Art.214. Other Frauds
Art.215. Prohibited Transactions
Art.216. Possession Of Prohibited Interests By A Public Officer
Art.217. Malversation Of Public Funds Or Property
Art.218. Failure Of Accountable Officer To Render Account
Art.219. Failure Of A Responsible Public Officer To Render Accounts
Art.220. Illegal Use Of Public Funds
Art.221. Failure To Make Delivery Of Public Funds Or Property
Art.222. Officers Included In The Preceding Provisions
Art.223. C onniving With Or C onsenting To Evasion
Art.224. Evasion Through Negligence
Art.225. Escape Of Prisoner Under The C ustody Of A Person Not A Public Officer
Art.226. Removal, C oncealment, Or Destruction Of Documents
Art.227. Officer Breaking Seal
Art.228. Opening Of C losed Documents
Art.229. Revelation Of Secrets By An Officer
Art.230. Public Officer Revealing Secrets Of Private Individual
Art.231. Open Disobedience
Art.232. Disobedience To Order Of Superior Officer
Art.233. Refusal Of Assistance
Art.234. Refusal To Discharge Elective Office
Art.235. Maltreatment Of Prisoners
Art.236. Anticipation Of Duties Of A Public Office
Art.237. Prolonging Performance Of Duties And Powers
Art.238. Abandonment Of Office Or Position
Art.239. Usurpation Of legislative Powers
Art.240. Usurpation Of Executive Functions
Art.241. Usurpation Of Judicial Functions
Art.242. Disobeying Request For Disqualification
Art.243. Addressing Orders Or Requests By Executive Officer
Art.244. Unlawful Appointments
Art.245. Abuses Against C hastity

Crimes Against Persons - Title VIII

Art.246. Parricide
Art.247. Death Or Physical Injuries Under Exceptional C ircumstances
Art.248. Murder
Art.249. Homicide
Art.250. Penalty For Frustrated Parricide, Murder Or Homicide
Art.251. Death C aused In A Tumultuous Affray
Art.252. Physical Injuries Inflicted In A Tumultuous Affray
Art.253. Giving Assistance to Suicide
 Art.254. Discharge Of Firearms
Art.255. Infanticide
Art.256. Intentional Abortion
Art.257. Unintentional Abortion
Art.258. Abortion Practiced By The Woman Herself Or By Her Parents
Art.259. Abortion Practiced By A Physician Or Midwife
Art.260. Responsibility Of Participants In A Duel
Art.261. C hallenging To A Duel
Art.262. Mutilation
Art.263. Serious Physical Injuries
Art.264. Administering Injurious Substance Or Beverages
Art.265. Less Serious Physical Injuries
Art.265. Slight Physical Injuries And Maltreatment
Art.266A-266B Rape

Crimes Against Personal Liberty And Security - Title IX

Art.267. Kidnapping And Serious Illegal Detention

Art.268. Slight Illegal Detention
Art.269. Unlawful Arrest
Art.270. Kidnapping And Failure To Return A Minor
Art.271. Inducing A Minor To Abandon His Home
Art.272. Slavery
Art.273. Exploitation Of C hild Labor
Art.274. Services Rendered Under C ompulsion In Payment Of Debt
Art.275. Abandonment Of Person In Danger
Art.276. Abandoning A Minor
Art.277. Abandonment Of Minor By Person Entrusted With His C ustody
Art.278. Exploitation Of Minors
Art.279. Additional Penalties For Other Offenses
Art.280. Trespass To Dwelling
Art.281. Other Form Of Trespass
Art.282. Grave Threats
Art.283. Light Threats
Art.284. Bond For Good Behavior
Art.285. Other Light Threats
Art.286. Grave C oercions
Art.287. Light C oercions
Art.288. Other Similar C oercions
Art.289. Formation, Maintenance, And Prohibition Of...
Art.290. Discovering Secrets Through Seizure Of C orrespondence
Art.291. Revealing Secrets With Abuse Of Office
Art.292. Revelation Of Industrial Secrets

Crimes Against Property - Title X

Art.293. Who are Guilty of Robbery

Art.294. Robbery With Violence Against Or Intimidation Of Persons
Art.295. Robbery With Physical Injuries C ommitted In An Uninhabited Place
Art.296. Definition Of A Band And Penalty Incurred By Members Thereof
Art.297. Attempted Or Frustrated Robbery With Homicide
Art.298. Execution Of Deeds By Means Of Violence Or Intimidation
Art.299. Robbery In An Inhabited House Or Public Building
Art.300. Robbery In An Uninhabited Place By A Band
 Art.301. What Is An Inhabited House, Public Building Or ....
Art.302. Robbery In An Uninhabited Place Or In A Private building
Art.303. Robbery Of C ereals, Fruits, Or Firewood
Art.304. Illegal Possession Of Picklocks Or Similar Tools
Art.305. False Keys
Art.306. Who Are Brigands: Penalty
Art.307. Aiding And Abetting A Band Of Brigands
Art.308. Theft
Art.309. Penalties for Theft
Art.310. Qualified Theft
Art.311 Theft Of Property Of The National Library And National Museum
Art.312.Occupation Of Real Property
Art.313. Altering boundaries Or landmarks
Art.314. Fraudulent Insolvency
Art.315. Estafa (Swindling)
Art.316. Other Forms Of Swindling
Art.317. Swindling A Minor
Art.318. Other Deceits
Art.319. Removal. Sale Or Pledge Of Mortgaged Property
Art.320. Arson Art.320 to Art.326 repealed by PD 1613
Art.327. Malicious Mischief
Art.328. Special C ases Of Malicious Mischief
Art.329. Other Mischiefs
Art.330. Damage And Obstruction To Means Of C ommunication
Art.331. Destroying or Damaging Statues, Public Monuments, or Paintings
Art.332. Persons Exempt From C riminal Liability In C rimes Against Property

Crimes Against Chastity - Title XI

Art.333. Adultery
Art.334. C oncubinage
Art.335. Rape - Now Art.266-A
Art.336. Acts of Lasciviousness
Art.337. Qualified Seduction
Art.338. Simple Seduction
Art.339. Acts of lasciviousness with consent of the Offended Party
Art.340. C orruption of Minors
Art.341. White Slave Trade
Art.342. Forcible Abduction
Art.343. C onsented Abduction
Art.344. Prosecution of Adultery, C oncubinage, Seduction...
Art.345. C ivil Liability of persons of C rimes Against C hastity
Art.346. Liability of Ascendants, Guardian, Teachers

Crimes Against The Civil Status Of Persons - Title XII

Art.347. Simulation Of Births

Art.348. Usurpation of C ivil Status
Art.349. Bigamy
Art.350. Marriage C ontracted Against Provisions Of Laws
Art.351. Premature Marriages

Art.352. Performance Of Illegal Marriage C eremony

Crimes Against Honor - Title XIII

 Art.353. Definition Of Libel/Defamation
Art.354. Requirement of Publicity
Art.355. Libel by Means of Writings Or Similar Means
Art.356. Threatening To Publish Libel
Art.357. Prohibited Publication Of Acts
Art.358. Slander - Oral Defamation
Art.359. Slander By Deed
Art.360. Persons Responsible Libel
Art.361. Proof Of The Truth
Art.362. Libelous Remarks
Art.363. Incriminating Innocent Person
Art.364. Intriguing Against Honor

Quasi - Offenses - Title XIV

Art.365. Imprudence and Negligence
.
Special Crimes
PD. NO 46
PD. NO 704 Illegal Fishing
C A. NO. 142 - Anti-Alias Law
PD. NO. 247 - Defacement, Mutilation, Tearing, Burning, C entral Bank Notes
PD. NO. 749

PD. 532 - Anti-Piracy And Anti-Highway Robbery Law Of 1974

PD. 533 - Anti-C attle Rustling Law
PD. 1613 - Destructive Arson
PD. 1653 - Mendicancy Law Of 1978
RA. NO. 947
RA NO 3019 Anti-Graft And C orrupt Practices Act
RA. NO. 4200 - Anti-Wire Tapping Law
RA. NO. 6235 - Anti-Hijacking Law
RA. NO. 6713 Ethical Standards For Public Officials And Employees
RA. NO. 7080 An Act Defining And Penalizing The C rime Of Plunder
RA. NO. 7438 Rights of Persons Arrested or Detained
RA. NO. 7659 - Heinous C rimes Act Of 1993
RA. NO. 8049 - The Anti-Hazing Law
RA. NO. 8294 - Law Penalizing Illegal Possession Of Firearms
RA. NO. 8353 - Anti-Rape Law of 1997
RA. NO. 9160 - Anti Money Laundering Act Of 2001
RA. NO. 9165 - C omprehensive Dangerous Drugs Act Of 2002
RA. NO. 9262 - Anti-Violence Against Women And Their C hildren

Evidence

INTRODUC TION

DEFINITION

- The means, sanctioned by these rules, of ascertaining in a

 judicial proceeding, the truth respecting a matter of fact.

[Rule 128, Sec. 1]

- The mode and manner of proving competent facts in judicial

proceedings. [Bustos v. Lucero]

SC OPE

- General Rule: Rules of evidence shall be the same in all

courts and in all trials and hearings

Exception: If otherwise provided by:

1) law;

2) ROC .

C LASSIFIC ATION

Rules Of C ourt C LASSIFIC ATION AC CORDING TO FORM

1) OBJEC T – Directly addressed to the senses of the court

[Rule 130, Sec. 1]

Referred to as real evidence or evidence by

“autoptic preference”.

2) DOC UMENTARY - C onsist of writing or any material containing

modes of written expression (i.e. words,

numbers, figures, symbols) offered as proof

of their contents. [Rule 130, Sec. 2]

3) TESTIMONIAL - Submitted to the court through the testimony

or deposition of a witness.

OTHER C LASSIFIC ATIONS [Regalado]

1) DIREC T – Proves the fact in dispute without aid of any

inference or presumption.
 C IRC UMSTANTIAL – Proof of fact/s from which, taken

singly/collectively, the existence of the particular

fact in dispute may be inferred as a necessary/

probable consequence. It is evidence of relevant

collateral facts.

2) C UMULATIVE – Evidence of the same kind and to the same state

of facts.

C ORROBORATIVE – Additional evidence of a different

character to the same point.

3) PRIMA FAC IE – That which, standing alone, is sufficient to

maintain the proposition affirmed.

C ONC LUSIVE – That class of evidence which

the law does not allow to be contradicted.

4) PRIMARY – (Best evidence) The law regards these as affording

the greatest certainty of the fact in question.

SEC ONDARY – (Substitutionary evidence) Permitted by

law only when the best evidence is unavailable.

5) POSITIVE – When a witness affirms that a fact did or did not

occur (there is personal knowledge).

NEGATIVE – When witness states that he did not

see or know of the occurrence of a fact (total

disclaimer of personal knowledge).

EVIDENC E C OMPARED TO PROOF

 - It is the result or effect of evidence; when the requisite

quantum of evidence of a particular fact has been duly

admitted and given weight, the result is called the proof

of such fact.

TO FAC TUM PROBANDUM

- The ultimate fact or the fact sought to be established. It

refers to the proposition (e.g. victim was stabbed).

TO FAC TUM PROBANS

- The evidentiary fact or the fact by which the factum

probandum is to be established; refers to the mate rials

that establish the proposition (e.g. bloody knife).

Police Operational Planning Reviewer 1

1. The determination in advance of how the objectives ofthe
organization will be attained.
A. Planning
B. Organizing
C. Directing
D. Controlling

2. involves the determination and allocation of the men and

women as well as the resource of an organization to achieve
pre-determined goals or objectives of the organization.
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

8. This is intended to be used in all situations of all kinds,

which shall be outlined to guide officers and men in the field.
A. Field Procedure
B. Headquarter's Procedure
C. Special Operating Procedure
D. None of the Above
 9. To be included in these procedures are the duties of the
dispatcher, jailer, matron, and other personnel concerned,
which may be reflected in the duty manual. It also involves
coordinated action on activity of several offices.
A. Field Procedure
B. Headquarter's Procedure
C. Special Operating Procedure
D. None of the Above

10.Certain special operations also necessitate the preparation

of procedures as guides.
A. Field Procedure
B. Headquarter's Procedure
C. Special Operating Procedure
D. None of the Above

Answer:

1. A
2. B
3. C
4. D
5. A
6. B
7. C
8. A
9. B
10. C

Intelligence and Secret Service Definition of Terms

2 Methods Of Collecting Information

1. Overt/Open – overt info. Are obtained from open and easily available sources like magazines, reports and files.
2. Covert/Close

3 Defined Objectives Of Police Intelligence

 1. To assist the commander in the success of the team
2. Discover and Identify criminal activities
3. To assist in the apprehension of criminals

3 Types Of Channels In Special Communication Systems

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 activities and even subversive
groups.

Criminal Syndicate – it is a stable business with violence applied and directed at unwelcome competitors.

Criminal World – the social organization of criminals having its own social classes.

Cryptoanalysis – is the process of putting the plain text message to codes and cipher.

Cryptograph – the art and science of making, devising, inventing, or protecting codes and cipher.

Counter Intelligence – type of intelligence activity which deals with defending the organization againsts it criminal activities.

Counter Intelligence Security Measures

1. Physical Security – a system of barrier placed between the potential intruder and the material to be protected.
2. Personnel Security – includes all security measures designed to prevent unsuitable individuals of doubtful loyalty
from gaining access to classified matter,securing facilities and to prevent the appointment, employment, or
retention as employees of such individuals.
3. Operational Security – measures taken in conducting operations or action in a secure and efficient manner.
4. Security Survey/Inspection – conducted in order to assist the chief of office in determining the security measures
required to protect key installation from possible sabotage, espionage, subversion and unauthorized disclosure of
or access to classified defense information or materials.
5. Community Security – is the protection resulting from all measures designed to deny unauthorized person
information of value which may be derived from the possession and study of communications or to mislead
unauthorized persons and the interpretation of the result of such study.

Counter Surveillance – if a surveillance team is watched by the supervisor or a designated unknown individual to know if the
team is doing its job as planned or is being watched by companions of the subject.

Covert Operation – if the information is obtained without the knowledge of the person against whom the information or
document may be used or if the method or procurement is done not in an open manner.

Detection of Criminal – the primary purpose of police counter intelligence.

Decipher – to reconvert the cipher into plain text message.

Documentary Security Classifications

1. Top Secret
2. Secret
 3. Confidential
4. Restricted

Encipher – conversion of plain text message to ciphers.

Evaluation – it is the critical appraisal of information as a basis for its subsequent interpretation which includes determining
the pertinence of information and the reliability of the source.
- to judge the information as to its truthfulness or importance.

Financial Gain – the most common reason why an informer is giving information.

Frederick The Great – father of organized military espionage.

Information – are knowledge, data, news, opinion or the like transmitted from one person to another.

Integrate – to make the entire or all the information the subject matter.

Interpret – to explain the meaning or to expand the information from the unknown to known.

Intelligence – product resulting from the collecting information concerning an actual and potential situation and condit ion
relating to foreign activities and to foreign or enemy held areas.

- product resulting from collection, evaluation, analysis, integration, and interpretation of available information concerning
area of interest.

Interpretation – determining the significance of the information with respect to what is already known and it draws
conclusions as to the probable meaning of the evaluated information.

Kinds Of Surveillance

1. Surveillance of place
2. Tailing or shadowing
3. Undercover investigation or Roping

Line Intelligence – types of intelligence which is of immediate nature and necessary for more effective police planning and
operation.

Method of Casing

1. Personal Reconnaissance – the most effective

2. Map Reading
 3. Research Work
4. Operational Data Research

Military Intelligence – it is an evaluated and interpreted information concerning an actual or possible enemy or theater of
operations including weather and terrain together with the conclusions drawn therefrom.

Need To Know Principle – in intelligence dissemination, even a ranking law enforcer who has no business on the classified
information is not furnished the report.

OB File – identification, location, and knowing the intents of criminal syndicates, notorious characters and even people with
subversive desires must be made available for use.

Order Of Battle – an intelligence document describing the identity, strength, command structure and disposition of the
enemy/criminals.

Organized crime – it is the combination of two or more persons for the purpose of establishing criminal activity.

Overt Operation – if the information or document are procured openly with out regard as to whether the subject of the
investigation becomes knowledgeable of the purpose for which it is being gathered.

Parker – internal affairs is my defense and intelligence is my offensive arm.

Police Counter Intelligence – it is the detection, prevention, or neutralization of any activity inimical to the harmony and
best interest of the police organization.

Police Intelligence – an evaluated and interpreted information concerning organized crime and other major police
problems.

Reconnaissance – to gather specific or detailed information at a particular time and place.

Roping – undercover assignment, form of investigation in which the investigator assume a different and unofficial
identity/cover story in order to obtain information.

Safe House – a clandestine place where the intelligence agent and his superior meet.

Schulmoister – Napoleon's secret military agent.

Security Inspection – conducted in order to determine degree of compliance with established security policies and
procedures.

Stool Pidgeon – an individual who sells information to different groups of law enforcers.
Strategic Intelligence – intelligence which is primarily long range in nature with little or no immediate practical value.

Sun Tzu – he was the writer of the book “Art of War”.

Surveillance – to gather general information over a wide area and takes a longer time frame.

Tactical Interrogation – a process or method to obtain information from a captured enemy.

Walshingham – protector of queen Elizabeth.

Wilhelm Von Stieber – a CIA intelligence officer who spied for soviet union from 1985 – 1994, he had perpetrated the
costliest breach of security in the agency's history.

Juvenile Delinquency Definition Of Terms

4 Major Theories That Explain Existence Of Delinquency

1. Demonological/Pre-Classical – Possessed by spirits – before.

2. Classical
3. Positivist
4. Gotical

Abandoned Child – Is one who has no proper parental care or guardianship or whose parents or guardians have deserted
him for a period of at least 6 continuous months.

Age Of Enlightenment – 18th century.

Borstals – Youth Custody Centers and detention center.

Cesare Lombroso – Father of Criminology.

Common Detected Young Persons Crime

1. Shoplifting
2. Crimes Of Violence

Crime Rate – Population X 100%

--------------
Crime Volume
Critical Theory – explains that delinquency is the by product of social arrangement.

Defendant Child – Is one who is without a parent, guardian or other custodian or one whose parents, guardian or other
custodian for good cause desires to be relieved of his care and custody.

Delinquency – Acts against norms, mores of society.

Deviancy – Is a stage of human existence where one has ceased to believe in love whereby the child ends up bitter, empt
lonely, resentful and in most cases emotionally infantile.

Edwin Schur – Radical Non Intervention – if a child commits an offense, he should be left alone.

Emancipation – Liberty from parental authority.

Emotionally Disturbed Children – Are those who although not afflicted with insanity or mental defect are unable to
maintain normal social relations with others and the community in general due to emotional problems and complexes.

Epideology –Transmission.

Etiology – Delinquency

Family Home – Constituted jointly by the husband and the wife or by unmarried head of a family, is the dwelling house
where they and their family reside and the land on which it is situated.

Hedonism – Pleasure, highest goal of man's life.

Hedonistic Calculus – Process of weighing pleasure and pain.

Idea Of Determination – Any act committed awaits an explanation to the natural world.

Jeremy Bentham – Introduced punishment of imprisonment.

JJS – Juvenile Justice System

Juvenile – person/Minors/Youth whose mental and emotional faculty has not been fully developed.

Juvenile Delinquent – Person commits any act of delinquency.

Juvenile Diversion – Offender is removed from JJS and diverted to other government programs.
Labelling Theory -

1. Internationalist Perspective – any youth who commits a crime should be left alone
2. Social Perspective

Neglected Child – is one whose basic needs have been deliberately unattended or inadequately attended.

Neo-Classical Theory – Modified the classical theory, excepted the child and lunatics from punishment.

Parental Authority/Partia Potestos – Rights and obligations which parents have in relation to the persons and property of
their children until their emancipation and even after this under certain circumstances.

PD 603 – Child and Youth Welfare Code – Approval – Dec.10,1974

Effectivity – June 10,1975

Police – Prime mover of JJS

- Backbone of CJS

Poverty – Means the condition of that group whose income is low, therefore, the standard of living is not enough to
maintain normal health and efficiency.

Some Causes of Poverty Which Could Be One Of The Causes Of Crime

1. Physical Environment
2. Unfavorable Economic Condition
3. Social Environment
4. Defects in Government
5. Defects in Education

Proponent of Classical Theory

1. Jeremy Bentham
2. Cesare Beccaria

Proponents Of Positivist/Italian Theory

1. Cesare Lombroso
2. Enrico ferri
 3. Rafael Garofalo

RA 6809 – 18 years old - age of majority.

RA 8669 – Law which created the family court.

Truancy – Frequent Absences

Types Of Delinquents

1. Occasional Delinquent
2. The Gang Delinquent
3. Mal Adjusted delinquent

Welfare Model – Is the positivistic approach which holds that young offenders should be helped rather than punished.

William Bonger – Social Conflict Theory – society is composed of the ruling class and the ruled class.

Young Offenders Fall Into Two Categories

1. Juveniles
2. Young Adults – at least 17

Youthful Offender – below 18 years old.

- Is one who is over 9 years but under 18 years of age at the time of the commission of the offense.

Zones Of Peace – Children trapped in an armed conflict based on RA 7610.

Special Penal Laws
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Special Penal Laws

Special Penal Laws

BP 22 - Anti-Bouncing Checks Law - The gravamen of BP 22 is the

issuance of a check.

Commonwealth Act No.142 (Regulating the Use of Aliases) - No person

shall use any name different from the one with which he was

registered at birth in the office of the local civil registry, or

with which he was registered in the bureau of immigration upon entry;

or such substitute name as may have been authorized by a competent

court.

Gambling - any game of chance or scheme, whether upon chance or skill,

wherein wagers consisting of money, articles or value or representative

or value are at stake or made.

Betting - betting money or any object or article of value or

representative of value upon the result of any game, races and oth er

sport contests.
 Game-Fixing - any arrangement, combinations, scheme or agreement by

which the result of any game, races or sport contests shall be

predicated and/or known other than on the basis of the honest playing

skill or ability of the players or participants.

Game Machination - any other fraudulent, deceitful, unfair or

dishonest means, methods, manner or practice employed for the

purpose of influencing the result of any game, races or sports

contest.

Point-Shaving - any such arrangement, combination, scheme or

agreement by which the skill of ability of any player or participant

in a game, races or sports contests to make points or scores

shall be limited deliberately in order to influence the result

thereof in favor one or the other team, player or participant therein.

Presidential Decree NO. 46 - Prohibits giving and acceptance of gifts

by a public officer or to a public officer, even during anniversary, or

when there is an occasion like Christmas, New Year, or any gift-giving

anniversary. Both giver and receiver are punished. The giving of a

party is also punishable and is not limited to the public officer

only but also to any member of his family.

Presidential Decree No. 449 (The Cockfighting Law of 1974) - Only allows

one cockpit per municipality, unless the population exceeds 100,000 in

which case two cockpits may be established; Cockfights can only be

held in licensed cockpits on Sundays and legal holidays and local

fiestas for not more than three days;

PD No.532 - (The Anti - Piracy and Anti-Highway Robbery Law of 1974)

Was issued in August 1974, punishing piracy, but not mutiny,

in Philippine territorial waters.

PD 533 Anti-Cattle Rustling Law - Cattle rustling - taking away by

means,methods or schemes, without the consent of the owner/raiser, of

any large cattle whether or not for profit, or whether committed with

or without violence against or intimidation of person or force upon

things. It includes killing of large cattle, taking its meat or hide

without the consent of owner/raiser.

PD 704 Illegal Fishing

Presidential Decree NO.749 - Givers of bribes and other gifts as well

as accomplices in bribery and violations of the Anti-graft and

Corrupt Practices Act are immune from prosecution under the following

circumstances:

a. information refers to consummated violations

b. necessity of the information or testimony

c. the information and testimony are not yet in the possession of the

State

d. information and testimony can be corroborated on its material points.

e. informant has been previously convicted of a crime involving

moral turpitude

PD 1069 - (The Philippine Extradition Law)

PD 1563 Mendicancy Law Of 1978 - A mendicant refers to any person who

has no visible and legal means of support, or lawful employment and

who is physically able to work but neglects to apply himself to some

lawful calling and instead uses begging as a means of living.

PD 1612: Anti-Fencing Law

Fencing - the act of any person who, with intent to gain for

himself or for another, shall buy, receive, keep, acquire, conceal,

sell, or dispose of, or shall buy an d sell or in any other

manner deal in any article, item, object, or anything of value

 which he knows, or should be known to him, to have been derived

from the proceeds of the crime of robbery or theft.

PD 1613 - Destructive Arson

RA 75 - also punishes using the use of uniform, decoration or regalia

of a foreign state by people not entitled to do so.

RA 493 - punishes wearing an insignia, badge, or emblem of rank of the

members of the AFP or constabulary.

RA 947 - punishes entering or occupying public agricultural land

including lands granted to private individuals.

RA NO. 3019 (Anti-Graft And Corrupt Practices Act) - Persons Liable:

1.Any public officer who, by himself or in connivance with members of

his family, relatives by affinity or consanguinity, business associates

and subordinates or other persons, amasses, accumulates, or acquires ill-

gotten wealth through a combination or series of overt or criminal acts as

described under (I) in the aggregate amount or total value of at least 50

million pesos, shall be guilty of the crime of plunder (as amended by RA

7659).

2.Any person who participated with the said public officer in the

commission of plunder.

RA NO. 1379 (Forfeiture Of Ill-Gotten Wealth) - If the public officer

is found to have amassed wealth out of proportion to his legitimate

income, the said w ealth will be forfeited in favor of the government.

RA 4200 - (Anti-Wiretapping Law) It shall be unlawful for any person,

not being authorized by all the parties to any private communication

or spoken word, to tap any wire or cable, or by using any other device

or arrangement, to secretly overhear, intercept, or record such

communication or spoken word by using a device commonly known as a

dictaphone or dictagraph or dictaphone or walkie-talkie or tape

recorder, or however otherwise described.

Republic Act No. 6235 (The Anti Hi-jacking Law) - is another kind of

piracy which is committed in an aircraft. In other countries, this

crime is known as aircraft piracy.

RA 6713: Code Of Conduct And Ethical Standards For Public

Officials And Employees

Conflict of interest - arises when a public official or employee

is a member of a board, an officer, or a substantial stockholder

of a private corporation or owner or has a substantial interest

in a business, and the interest of such corporation or business,

or his rights or duties therein, may be opposed to or affected by

the faithful performance of official duty.

Divestment - is the transfer of title or disposal of interest in

property by voluntarily, completely and a ctually depriving or

dispossessing oneself of his right or title to it in favor of a

person or persons other than his spouse and relatives as defined

in this Act.

RA NO. 7080 (Anti-plunder Act)

RA 7438 - Rights Of Persons Arrested, Detained, Or Under Custodial

Investigation; Duties Of Public Officers.

1. Be informed, in a language known to and understood by him,

of his rights to remain silent and to have competent and

independent counsel.

2. Be assisted by counsel at all times. Preferably of his own

choice.
 3. Be visited by or have conferences with Any member of his

immediate family.

Republic Act No. 7610 Special Protection Of Children Against Child Abuse,

Exploitation And Discrimination Act.

Republic Act No. 7659 - An Act To Impose The Death Penalty On Certain

Heinous Crimes, Amending For That Purpose The Revised Penal Code,

As Amended, Other Special Penal Laws, And For Other Purposes)

RA 7877 - Anti-Sexual Harassment Act Of 1995

Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)

What are the unlawful acts defined and punished?

- Importation of Dangerous Drugs and/or Controlled Precursors and

Essential Chemical (Section 4)

- Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation of Dangerous Drugs and/or

Controlled Precursors and Essential Chemicals (Section 5)

- Maintenance of a Den, Dive or Resort. (Section 6)

- Employees and Visitors of a Den, Dive or Resort (Section 7)

- Manufacture of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals (Section 8)

- Illegal Chemical Diversion of Controlled Precursors and

Essential Chemicals. (Section 9)

- Manufacture or Delivery of Equipment, Instrument, Apparatus,

and Other Paraphernalia for Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals. (Section 10)

- Possession of Dangerous Drugs (Section 11)

- Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs (Section 12)

 - Possession of Dangerous Drugs During Parties, Social Gatherings

or Meetings (Section 13)

- Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs During Parties, Social

Gatherings or Meetings (Section 14)

- Use of Dangerous Drugs (Section 15)

- Cultivation or Culture of Plants Classified as Dangerous Drugs

or are Sources Thereof. (Section 16)

- Maintenance and Keeping of Original Records of Transactions

on Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals (Section 17)

- Unnecessary Prescription of Dangerous Drugs (Section 18)

- Unlawful Prescription of Dangerous Drugs (Section 19)

PDEA - is the Philippine Drug Enforcement Agency It serves as

the implementing arm of the Dangerous Drugs Board.

Republic Act No. 8049 The Anti-Hazing Law

Hazing - This is any initiation rite or practice which is a

prerequisite for admission into membership in a fraternity or

sorority or any organization which places the neophyte or

applicant in some embarrassing or humiliating situations or

otherwise subjecting him to physical or psychological suffering

of injury. These do not include any physical, mental, psychological

testing and training procedure and practice to determine and

enhance the physical and psychological fitness of the prospective

regular members of the below.

RA 8353 - An Act Expanding The Definition Of The Crime Of Rape,

Reclassifying The Same As A Crime Against Persons.

RA 9208 - Anti-Trafficking Of Persons Act Of 2003

RA 9231 - Anti-Child Labor Act Of 2003

Criminal Law Reviewer Book 2
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Criminal Law Book 2

Definition of Terms

Abduction - the taking away of a woman from her house or the place

where she may be for the purpose of carrying her to another place

with the intent to marry or to corrupt her.

Forcible abduction - If a woman is transported from one place

to another by virtue of restraining her of her liberty, and that

act is coupled with lewd designs.

Serious illegal detention - If a woman is transported just to

restrain her of her liberty. There is no lewd design or lewd intent.

Grave coercion - If a woman is carried away just to break her

will, to compel her to agree to the demand or request by the

offender.

Special complex crime of Kidnapping with Murder - When the victim

dies or is killed as a consequence of the detention.

Abortion By A Physician Or Midwife And Dispensing Of Abortives -

punishes a pharmacist who merely dispenses with an abortive without the proper

prescription of a physician. If pharmacist knew that the abortive would

be use for abortion, she would be liable as an accomplice in the crime

of abortion.

Acts Of Lasciviousness - Committed under circumstances w/c, had there

been carnal knowledge, would amount to rape. Offended party is a

female or male.

Adherence – intellectually or emotionally favors the enemy and harbors

sympathies or convictions disloyal to his country’s policy or interest.

Agent Of Person In Authority – any person who, by direct provision of

law or by election or by appointment by competent authority, is charged

with the maintenance of public order and the protection and security

of life and property.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemy

of the government in the conduct of war against the government, or an

act w/c weakens or tends to weaken the power of the government or

the country to resist or to attack the enemies of the gov’t or country.

Alarms and Scandal - The essence of the crime is disturba nce of public

tranquility and public peace. Any kind of disturbance of public order

where the circumstance at the time renders the act offensive to the

tranquility prevailing, the crime is committed.

Allegiance – obligation of fidelity and obedience which individuals

owe to the government under which they live or to the sovereign, in

return for protection they receive.

Certificate - any writing by which testimony is given that a fact has

or has not taken place.

Charivari - is a mock serenade or discordant noises made with kettles,

tin horns etc., designed to deride, insult or annoy.

Combination In Restraint Of Trade - is an agreement or understanding

between two or more persons in the form of a contract, trust, pool,

holding company or other form of association, for the purpose of

unduly restricting competition, monopolizing trade and commerce in a

certain commodity, controlling its production, distribution and price,

or otherwise interfering with freedom of trade without statutory authority.

Combination in restraint of trade refers to the means while monopoly

refers to the end.

Conspiracy - when two or more persons come to an agreement to rise

publicly and take arms against government for any of the purposes of

rebellion and decide to commit it.

Coup d' Etat - Essence of the crime: Swift attack against the government,

its military camps an installations, etc. It maybe committed singly or

collectively. Committed through force, violation, intimidation, threat,

strategy or stealth.

Customs - refer to established usage, social conventions carried on by

tradition and enforced by social disapproval in case of violation.

Decency - means properly observing the requirements of modesty,

good taste.

Delay in the Delivery of Detained Persons - Crime is committed by

failing to deliver such person to the proper judicial authority within

a certain period. Detention is for some legal ground.

Dereliction of Duty - Committed only by public officers who have the

duty to institute prosecution for the punishment of violations of

the law. Public officer does not abandon his office but merely fails

to prosecute a violation of the law.

Direct Assault - The Public Authority or the Agent of the Public

Authority must be engaged in the performance of official duties or

that he is assaulted by reason thereof.

Direct Bribery - the officer agrees to perform or refrain from doing

an act in consideration of the gift or promise.

Indirect Bribery - it is not necessary that the officer do any

act. It is sufficient that he accepts the gift offered by

reason of his office.

Dissolute – lax, unrestrained, immoral (includes maintainer of house

of prostitution).

Document - any written statement by which a right is established or

an obligation is extinguished.

Duel - is a formal or regular combat previously consented to by two

parties in the presence of two or more seconds of lawful age on

each side, who make the selection of arms and fix all the other

conditions of the fight to settle some antecedent quarrel.

If these are not the conditions of the fight, it is not a duel

in the sense contemplated in the Revised Penal Code. It will

be a quarrel and anyone who killed the other will be liable

for homicide or murder, as the case may be.

Espionage - is the offense of gathering, transmitting, or losing

information respecting the national defense with intent or reason to

believe that the information is to be used to the injury of the Republic

of the Philippines or the advantage of a foreign nation.

Estafa With Abuse of Confidence - Crime is committed by misappropriating,

converting, or denying having received money, goods or other personal

property.

False Testimony - 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.

Forgery - The essence of forgery is giving a document the appearance

of a true and genuine document. Not any alteration of a letter, numb er,

figure or design would amount to forgery. At most, it would only be

frustrated forgery.

Grave scandal - consists of acts which are offensive to decency and

good customs. They are committed publicly and thus, give rise to

public scandal to persons who have accidentally witnessed the acts.

Illegal Detention - Committed by a Committed by private individual

public officer or who unlawfully employee who deprives a person

detains a person of his liberty.

Illegal Exactions - This can only be committed principally

by a public officer whose official duty is to collect taxes, license

fees, import duties and other dues payable to the government.

Mere demand of a larger or different amount is sufficient to consummate

the crime. The essence is the improper collection (damage to government

is not required)

Illegal marriage - Illegal marriage includes also such other marriages

which are performed without complying with the requirements of law, or

marriages where the consent of the other is vitiated, or such marriage

which was solemnized by one who is not authorized to solemnize the same.

Imprudence - Failure in precaution.

Incriminating Innocent Person - act of planting evidence and the like

in order to incriminate an innocent person.

Inducing A Minor To Abandon His Home - What constitutes the crime is

the act of inducing a minor to abandon his home of his guardian, and

it is not necessary that the minor actually abandons the home.

Infanticide - the victim is younger than three days or 72 hours old;

can be committed by a stranger. If a stranger who conspires with parent,

both commit the crime of infanticide.

In Flight – From the moment all exterior doors are closed following

embarkation until the same doors are again opened for disembarkation.

Insurrection - more commonly employed in reference to a movement which

seeks merely to effect some change of minor importance, or to prevent

the exercise of governmental authority with respect to particular

matters or subjects.

Interlocutory Order - one issued by the court deciding a collateral

or incidental matter; it is not a final determination of the issues

of the action or proceeding.

Intriguing Against Honor - is referred to as gossiping: the offender,

without ascertaining the truth of a defamatory utterance, repeats the

same and pass it on to another, to the damage of the offended party.

Libel - Defamation is in writing or printed media.

 Slander - oral defamation.

Defamation - public and malicious imputation calculated to cause

dishonor, discredit, or contempt upon the offended party.

Malfeasance - Doing of an act which a public officer should not

have done.

Malversation - is otherwise called embezzlement. Crime is committed

by approaching, taking, or misappropriating/consenting, or thro ugh

abandonment or negligence, permitting any other person to take the

public funds/property.

Manifestly Unjust Judgment – manifestly contrary to law that even a

person having meager knowledge of law cannot doubt the injustice; not

abuse of discretion or mere error of judgment.

Medical Malpractice - which is a form of negligence, consists in the

failure of a physician or surgeon to apply to his practice of medicine

that degree of care and skill which is ordinarily employed by the

profession generally, under similar conditions, and in like surrounding

circumstances.

Misfeasance - Improper doing of an act which a person might lawfully do.

Monopoly - is a privilege or peculiar advantage vested in one or more

persons or companies, consisting in the exclusive right or power to

carry on a particular business or trade, manufacture a particular

article, or control the sale or the whole supply of a particular

commodity. It is a form of market structure in which one or only a few

firms dominate the total sales of a product or service.

Mutiny - the unlawful resistance to a superior, or the raising of

commotions and disturbances on board a ship against the authority of

its commander.

Negligence - Failure in advertence.

Nonfeasance - Failure of an agent to perform his undertaking for

the principal.

Perjury by Making False Accusations - giving of false statement under

oath or making a false affidavit, imputing to the person the commission

of a crime.

Person In Authority – any person directly vested with jurisdictio n,

whether as an individual or as a member of some court or governmental

corporation, board or commission.

Piracy - it is robbery or forcible depredation on the high seas, without

lawful authority and done with animo furandi and in the spirit and

intention of universal hostility.

Political Crimes – are those directly aimed against the political order,

as well as such common crimes as may be committed to achieve a political

purpose. The decisive factor is the intent or motive.

Prevaricacion - means the negligence and tolerance in the prosecution

of an offense.

Proposal - when the person who has decided to rise publicly and take

arms against the government for any of the purposes of rebellion

proposes its execution to some other person or persons.

Prostitutes - women who habitually(not just 1 man) indulge in sexual

intercourse or lascivious conduct for money or profit (If a man

indulges in the same conduct, the crime committed is vagrancy.)

Quasi-Recidivism - Commission of Another Crime During Service of

Penalty Imposed for Another Previous Offense.

Rebellion - more frequently used where the object of the movement is

completely to overthrow and supersede the existing government.

Revealing Secrets With Abuse Of Office - Essence of this crime is

that the offender learned of the secret in the course of his employment.

He is enjoying a confidential relation with the employer or master

so he should respect the privacy of matters personal to the latter.

Ruffians – brutal, violent, lawless.

Sedition - It is the raising of commotions or disturbances in the State.

It is sufficient that the public uprising be tumultuous. The purpose

may be political or social.

Seduction - enticing a woman to unlawful sexual intercourse by promise

of marriage or other means of persuasion without use of force. It

applies when there is abuse of authority (qualified seduction) or

deceit (simple seduction).

Service Mark – is a mark used in the sale or advertising of services

to identify the services of one person and distinguish them from the

services of others and includes without limitation the marks, names,

symbols, titles, designations, slogans, character names, and distinctive

features of radio or other advertising.

Slavery - This is committed if anyone shall purchase, kidnap, or

detain a human being for the purpose of enslaving him.

Trade-Name Or Trade-Mark – is a word or words, name, title, symbol,

emblem, sign or device, or any combination thereof used as an

advertisement, sign, label, poster, or otherwise, for the purpose o f

enabling the public to distinguish the business of the person who

owns and uses said trade-name or trade-mark.

Treason – breach of allegiance to the government by a person who owes

allegiance to it. The levying of war against the government would

constitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided with

means of violence.

Unfair Competition - consists in employing deception or any other means

contrary to good faith by which any person shall pass off the goods

manufactured by him or in which he deals, or his business, or services

for those of the one having established goodwill, or committing any acts

calculated to produce such result.

Unintentional Abortion - requires physical violence inflicted deliberately

and voluntarily by a third person upon the pregnant woman. If the pregnant

woman aborted because of intimidation, the crime committed is not

unintentional abortion because there is no violence; the crime committed

is light threats.

Unlawful Arrest - This felony consists in making an arrest or detention

without legal or reasonable ground for the purpose of delivering the

offended party to the proper authorities.

Vagrants - Those who have no apparent means of subsistence and who have

the physical ability to work yet neglect to apply themselves to some

useful calling.
Evidence Reviewer
c riminologists

1 :3 3 P M
criminology

Evidence

Definition Of Terms

criminology

Admission - any statement of fact made by a party against his interest

or unfavorable to the conclusion for which he contends or is inconsistent

with the facts alleged by him.

Best Evidence Rule - is that rule which requires the highest grade of

evidence obtainable to prove a disputed fact.

Burden Of Evidence - logical necessity on a

party during a particular time of the trail to create a

prima facie case in his favor or to destroy that

created against him by presenting evidence.

Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present

evidence on the facts in issue necessary to establish his claim or defense

by the amount of evidence required by law.

Character - the aggregate of the moral qualities which belong to and

distinguish an individual person.

Circumstantial Evidence - is the proof of a fact or facts from which

taken either singly or collectively, the existence or a particular

fact in dispute may be inferred as a necessary or probable consequence.

Common Reputation - is the definite opinion of the community in which

the fact to be proved is known or exists. It means the general or

substantially undivided reputation, as distinguished from a partial or

qualified one, although it need not be unanimous.

Competency Of A Witness - is the legal fitness or ability of a witness

to be heard on the trial of a cause.

Competent Evidence - one that is not excluded by this Rules, a statute

or the Constitution.

Compromise - is an agreement made between two or more parties as a

settlement matters in dispute.

Conclusive Evidence - the class of evidence which the law does not allow

to be contradicted.

Confession - categorical acknowledgement of guilt made by an accused

in a criminal case, without any exculpatory statement or explanation.

If the accused admits having committed the act in question but alleges

a justification therefore, the same is merely an admission.

Judicial Confession - one made before a court in which the case

is pending and in the course of legal proceedings therein and,

by itself, can sustain a conviction even in capital offenses.

 Extra Judicial Confession - one made in any other place or

occasion and cannot sustain a conviction unless corroborated by

evidence of the corpus delicti. This section refers to extrajudicial

confessions.

Corroborative Evidence - is additional evidence of a difference character

to the same point.

Cumulative Evidence - evidence of the same kind and to the same state

of facts.

Demonstrative Evidence - is a tangible evidence that merely illustrates

a matter of importance in the litigation such as maps, diagrams,

models, summaries and other materials created especially for litigation.

Direct Evidence - that which proves the fact in dispute without the

aid of any inference or presumption.

Doctine Of Processual Presumption - absent any of the evidence or admission,

the foreign law is presumed to be the same as that in the Philippines.

Document - any substance having any matter expressed or described upon

it by marks capable of being read.

- is a deed, instrument or other duly authorized appear by

which something is proved, evidenced or set forth.

Documentary Evidence - evidence supplied by written instruments or derived

from conventional symbols, such as letters, by which ideas are represented

on material substances.

Dying Declaration - The ante mortem statements made by a person after

the mortal wound has been inflicted under the belief that the death is

certain, stating the fact concerning the cause of and the circumstances

surrounding the attack.

Equipose Rule - Where the evidence gives rise to two probabilities,

one consistent with defendant’s innocence, and another indicative of

his guilt, that which is favorable to the accused should be considered.

Estoppel By Deed – the tenant is not permitted to deny title of his

landlord at the time of the commencement of the land-lord tenant

relationship. If the title asserted is one that is alleged to have been

acquired subsequent to the commencement of that relation, the presumption

will not apply.

Estoppel In Pais - whenever a party has, by his own declaration, act,

or omission, intentionally and deliberately lead another to believe a

particular thing to be true and act upon such belief, he cannot, in

any litigation arising out of such declaration, act or omission, be

permitted to falsify it.

Expert Witness - one who belongs to the profession or calling to which

the subject matter of the inquiry relates to and who possesses special

knowledge on questions on which he proposes to express an opinion.

Express Admissions - are those made in definite, certain and unequivocal

language.

Extra Judicial Admissions - are those made out of court, or in a judicial

proceeding other than the one under consideration.

Fact - thing done or existing.

Facts In Issue - are those facts which the plaintiff must prove in order

to establish his claim and those facts which the defendant must prove

in order to establish a defense set up by him, but only when the fact

alleged by the one party is not admitted by the other party.

Facts Relevant To The Issue - are those facts which render the probable

existence or non-existence of a fact in issue, or some other relevant

fact.

Factum Probandum - the ultimate fact or the fact sought to be established.

- Refers to proposition

Factum Probans - is the evidentiary fact or the fact by which the factum

probandum is to be established. Materials which establish the proposition.

Hearsay Rule - Any evidence, whether oral or documentary is hearsay if

its probative value is not based on the personal knowledge of the

witness but on the knowledge of some other person not on the witness

stand.

Impeaching Evidence - a proper foundation must be laid for the impeaching

questions, by calling attention of such party to his former statement

so as to give him an opportunity to explain before such admissions are

offered in evidence.

Implied Admissions - are those which may be inferred from the acts,

declarations or omission of a party. Therefore, an admission may be

implied from conduct, statement of silence of a party.

Independent Evidence - admissions are original evidence and no foundation

is necessary for their introduction in evidence

Intermediate Ambiguity - situation where an ambiguity partakes of the

nature of both patent and latent. In this, the words are seemingly

clear and with a settled meaning, is actually equivocal and admits of

two interpretations. Here, parol evidence is admissible to clarify

the ambiguity provided that the matter is put in issue by the pleader.

Example: Dollars, tons and ounces.

Issue - is the point or points in question, at the conclusion of the

pleadings which one side affirms, and the other side denies.

Judicial Admissions - are those so made in the pleadings filed or in

the progress of a trial.

- It is one made in connection with a judicial

proceeding in which it is offered, while an extrajudicial admission

is any other admission.

Judicial Notice - no more than that the court will bring to its aid

and consider, without proof of the facts, its knowledge of those

matters of public concern which are known by all well-informed

persons.

- cognizance of certain facts which judges may take

and act on without proof because they are already known to them.

Material Evidence - evidence directed to prove a fact in issue as

determined by the rules of substantive law and pleadings. The test is

whether the fact it intends to prove is an issue or not. AS to whether

a fact is in issue or not is in turn determined by the substantive law,

the pleadings, the pre-trial order and by the admissions or confe ssions

on file. Consequently, evidence may be relevant but may be immaterial

in the case.

Negative Evidence - when the witness did not see or know of the occurrence

of a fact. There is a total disclaimer of persona knowledge, hence without

any representation or disavowal that the fact in question could or could

not have existed or happened. It is admissible only if it tends to

contradict positive evidence of the other side or would tend to exclude

the existence of fact sworn to by the other side.

Object Evidence - is a tangible object that played some actual role on

the matter that gave rise to the litigation. For instance, a knife.

Objective or Real Evidence - directly addressed to the senses of the

court and consist of tangible things exhibited or de monstrated in open

court, in an ocular inspection, or at place designated by the court

for its view or observation of an exhibition, experiment or demonstration.

This is referred to as autoptic preference.

Omnia praesumuntur rite et solemniter esse acta donec probetur in

contrarium – all things are presumed to have been done regularly and

with due formality until the contrary is proved.

Opinion - an inference or conclusion drawn from facts observed.

Ordinary Opinion Evidence - that which is given by a witness who is

of ordinary capacity and who has by opportunity acquired a particular

knowledge which is outside the limits of common observation and which

may be of value in elucidating a matter under consideration.

Parole Evidence - any evidence aliunde, whether oral or written, which

is intended or tends to vary or contradict a complete and enforceable

agreement embodied in a document.

Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on

the face of the writing itself and requires something to be added in

order to ascertain the meaning of the words used. In this case, parol

evidence is not admissible, otherwise the court would be creating a

contract between the parties.

Pedigree - includes relationship, family genealogy, birth, marriage ,

death, the dates when, and the placer where these facts occurred and

the names of their relatives. It embraces also facts of family history

intimately connected with pedigree.

Positive Evidence - when the witness affirms that a fact did or did not

occur. Entitled to a greater weight since the witness represents of his

personal knowledge the presence or absence of a fact.

Presumption - An inference as to the existence or non-existence of a

fact which courts are permitted to draw from the proof of other facts.

Presumption Juris Or Of Law – is a deduction which the law

expressly directs to be made from particular facts.

Presumption Hominis Or Of Fact – is a deduction which reason

draws from facts proved without an express direction from the

law to that effect.

Prima Facie Evidence - that which is standing alone, unexplained or

uncontradicted, is sufficient to maintain the proposition affirmed.

Primary Evidence - that which the law regards as affording the greatest

certainty of the fact in question. Also referred to as the best evidence.

Privies - those who have mutual or successive relationship to the

same right of property or subject matter, such as “personal

representatives, heirs, devisees, legatees, assigns, voluntary grantee

or judgment creditors or purchasers from them without notices to the fact.

Privity - mutual succession of relationship to the same rights of property.

Proof - the result or effect of evidence. When the requisite quantum

of evidence of a particular fact has been duly admitted and given weight,

the result is called the proof of such fact.

Relevant Evidence - evidence having any value in reason as tending to

prove any matter provable in an action. The test is the logical relation

of the evidentiary fact to the fact in issue, whether the former tends

to establish the probability or improbability of the latter.

Res Gestae - literally means things done; it includes circumstances,

facts, and declarations incidental to the main facts or transaction

necessary to illustrate its character and also includes acts, words,

or declarations which are closely connected therewith as to constitute

part of the transaction.

Rule Of Exclusion - that which is secondary evidence cannot inceptively

be introduced as the original writing itself must be produced in court,

except in the four instances mentioned in Section 3.

Secondary Evidence - that which is inferior to the primary evidence and

is permitted by law only when the best evidence is not available.

Known as the substitutionary evidence.

- shows that better or primary evidence exists as to

the proof of fact in question. It is deemed less reliable.

Self Serving Declaration - is one which has been made extrajudicially

by the party to favor his interests. It is not admissible in evidence.

Testimonial Evidence - is that which is submitted to the court through

the testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether organic or functional, or

induced by drugs or hypnosis.

Witness - reference to a person who testifies in a case or gives evidence

before a judicial tribunal.