MODULE 1: INTRODUCTION TO CRIMINOLOGY 1

Course Outline How Do You Use This Module?

Module Contents Assessment Time Frame This module is written in a very user-friendly manner. Definitions,
Number Period processes and samples are included as an input knowledge or as a guide.
CHAPTER 1: Introduction to Instructions are made clear and straight to the point. Your resourcefulness and
Criminology creativity are needed to be able to answer or do the task well. Just follow the
Module 1 Prelim
 Lesson 1: An Overview directions and you will be guided as you move on page after page.
 Lesson 2: Sociology of Law
Prelim Examination: 2020 In this module, you are required to go through a series of activities in
CHAPTER 2: Criminal Etiology order to complete each learning outcome. Each chapter has lessons with Specific
 Lesson 1: Approaches in Learning Outcomes, Discussions, Self-Assessments, and Activities. Follow and
Module 2 Criminal Etiology Midterm perform the activities on your own. If you have questions, do not hesitate to ask
 Lesson 2: Crime Theories
for assistance from your instructor.
 Lesson 3: Geography and Crime
Midterm Examination:
Remember to:
CHAPTER 3: Penology
 Lesson 1: Introduction to Penal
Science  Read and understand the Specific Learning Outcome(s). These tell you
Module 3  Lesson 2: Bureau of Correction Semi-Final what you should know and be able to do at the end of this module.
in the Philippines
 Lesson 3: Executive Clemency  Work through all the information and complete the activities in each
and Suspension of Sentence section.
Pre-final Examination:
CHAPTER 4: Victimology and Crime  Read the discussions very well.
Prevention Strategies
 Lesson 1: History of Victimology  After reading every discussion, test yourself on how much you learned by
 Lesson 2: Crime Victim means of the Self-Assessments. Use the White Book to write your
Module 4 Final
 Lesson 3: Crime Prevention and
answers.
Protection Principles
 Lesson 4: Criminal Justice
System Response to Victim  Demonstrate what you learned by doing the Activities. You must be able
Final Examination: to apply what you have learned in another activity or in real life situation.
Grading System
 Keep all the outputs in your portfolio as a record of your
The grading system is as follows: accomplishments and submit on the designated period.

ASSESSMENT PERIOD SA & A ME TOTAL

Midterm 60% 40% 100% Note: You need to complete this module before you can perform the next module.
Final 60% 40% 100%

(Midterm Grade + Final Grade) / 2 = Final Grade NOTE: OPTIONAL

Note : Inyong Grading System ibutang diri

MODULE 1: INTRODUCTION TO CRIMINOLOGY 2

 Table of Contents Chapter 4
Parole and Probation administration (PPA)
Title Page Created by the virtue of the presidential decree no. 968, “the probation law of
Number 1976”, to administer the probation system. Under executive no. 292, “The
administrative code of 1987” which was promulgated on November 23, 1989, the
How Do You Use This Module………………………………………………………. 2 probation administration was renamed “Parole Administration” and given the
Module 1: function of the supervising prisoners who, after serving part of their sentence in
jails are released on parole pardon with parole conditions.
Lesson 1: …………………………………………………. VISION
Lesson 2: …………………………………………… A model component of the Philippine Correctional System that shall enhance the
quality of life of its clients through multi-disciplinary programs and resources, an
efficient organization, and a highly professional and the committed workforce in
References……………………………………………………………………………………. 11 order to promote social justice and development.
MISSION
To rehabilitate probationers, parolees and pardoners and promote their
development as integral persons by utilizing innovative interventions and
techniques which respect the dignity of man and recognizes his divine destiny.
MANDATE
The Parole and Probation Administration is mandated to conserve and or redeem
convicted offenders and prisoners who are under the probation or parole system.
GOALS
The Administration’s program sets to achieve the following goals:
 Promote the reformation of criminal offenders and reduce the incidence of
recidivism,
 Provide a cheaper alternative to the institutional confinement of first-time
offenders who are likely to respond to individualized, community-based
treatment programs.
FUNCTIONS
To carry out these goals, the agency through its network of regional and field
parole probation offices performs the following functions:
 To administer the parole and probation system
 To exercise supervision over parolees, pardoners and probation system
 To promote the correction and rehabilitation of criminal offenders
CORE VALUES
A. PERFORMANCE
Efficient and effective accomplishment of tasks and targets, beginning with
individual officials and employees and throughout units in the organization
hierarchy, linked coherently and progressively toward the agency vision,
mission and strategic goals.
Teamwork- working together to achieve shared goals.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 3

Resourcefulness and Innovativeness-Exploring resources with ingenuity optimizing 7. To continuously asses and improve professional performance in post-
opportunities with creativity. sentence, pre-parole or executive clemency, and suspended-sentence
investigation, case management, and other related work.
B. PROFESSIONALISM 8. To periodically review the Probation Law and its implementing rules so
High level of proficiency on the job resulting from mastery and conscientious as to reconcile the same with the evolving realities in the field.
application of appropriate knowledge and skills, honed by sound judgement, self- 9. To assiduously observe and uphold the professional ethics in the
discipline and unceasing striving for excellence, and founded on a code conduct delivery of services.
that respects the dignity of clients and fellowman. ADMINISTRATIVE OBJECTION
Role modeling-serving and inspiring by example. 1. To optimize operations through
Professional excellence- achieving high standards for ethical and quality service. a. Maximum functioning of existing units according to their respective duties.
C.ACCOUNTABILITY b.Systematic expansion of services, according to the demands of probation
work and available resources.
Inherent obligation of every official and employee to answer for decisions, actions
c. Judicious utilization of limited agency resources so as to obtain desired results
and results within his or her authority, including proper and effective utilization of in the best manner possible with the least expenditures of time, efforts and
resources in support of agency policies and programs, with timely, complete money.
accurate disclosure in acquired reports. 2. To achieve a united approach to agency goals through integrated planning and
Responsibility-achieving expectations, answering for results. constant coordination among all units.
Honesty and Integrity-being upright and transparent in transactions and relations. 3. To develop a more efficient and up-to-date system for the collection, collation
and analysis of data relative to probation, parole and suspended sentence case
SERVICE OBJECTIVES
load and their management.
1. To provide the courts with relevant information and judicious recommendations
4. To recruit qualified employees and volunteer aides, to promote their continuing
for the selection of offenders to be placed on probation. professional development.
2. To provide the board of Pardons and Parole with necessary and relevant 5. To continuously improve staff and line service through adequate personnel
information which can be used in determining a prisoner’s fitness for parole or supervision, relevant research and periodic evaluation.
any form of executive clemency. 6. To generate greater public and inter-agency support for probation through an
3. To provide the Dangerous Drug Board with pertinent information and prudent integrated and systematic public information program.
7. To actively participate in the government’s decongestion program, and in this
recommendations for the determinations of first-time minor drug offenders to
connection, to give priority to detention prisoners in our public information
be placed on suspended sentence. drives.
4. To affect the rehabilitation and integration of the probationers, parolee 8. to cooperate and coordinate with other agencies of the government in the
pardoners and first-time drug offenders as productive, law-abiding and socially accomplishments of national program trusts.
responsible member of the family. Additional Function under RA 9165
5. To prevent recidivism and protect the community through a well-planned By the virtue of a memorandum of agreement with the Dangerous Drug Boards
supervision of probationers, parolee and pardoners and first-time minor drug effective August 17, 2005, the PPA performs another additional function of the
investigating and supervising first-time minor drug offenders who are placed on
offenders.
suspended pursuant to the republic act no. 9165.
6. Make use of innovative and financially and technically feasible projects to uplift
the moral, spiritual and economic condition of probationers, parolee, pardoners
and first-time minor drug offenders by utilizing available community resources
as much as possible.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 4

The PPA Administrator Other PPA Officers
The head of the parole and probation administration is known as the PPA
Administrator who shall be appointed by the president. He shall hold the office  Regional Parole and Probational Offices (RPPO)-the RPPO shall be headed by
during good behavior and shall not be removed except for cause. His or her the by regional probation officer who shall be appointed by the president upon
powers and duties are as follows: the recommendation of the secretary of justice. The regional probation officer
1. Act as executive officer of the PPA. shall exercise supervision and control over all probation officers within his
2. Exercise supervision and control over all probation officers. jurisdiction and such duties as may be assigned to him by the administrator.
3. Make annual reports to the secretary of justice in such form as the latter may Whenever necessary, he shall be assisted by an assistant regional probation
prescribe, concerning the operation, administration and improvement of the officer who shall also be appointed by the president, upon the recommendation
probation system. of the secretary of justice.
4. Promulgate, subject to the approval of the secretary of justice the necessary  Provincial and City Probation officers- there must be at least one probation
rules relative to the methods and procedures of the probation process; officers in each province and city who shall be appointed by the secretary of
justice upon recommendation of the administrator and in accordance with the
5. Recommend to the secretary of justice the appointment of subordinate
civil service law and rules. The provincial and city probation officers shall
personnel of his administration and other offices established under the exercise the following duties:
probation law; and 1. Investigate all persons referred to him for investigation by the proper court or
6. Generally perform such duties and exercise such powers as may be necessary the administrator;
incidental to achieve to achieve the objective of the probation law. 2. Instruct all probationers under his supervision or that of the probation aide on
the terms and conditions of their probation.
Assistant PPA administrator 3. Keep himself informed of the conduct and condition of the probationers under
There shall be an assistant probation administrator who shall be appointed by the his charge and use all suitable methods to bring out an improvement in their
president and shall assist the administrator and perform such duties as may be conduct and condition.
assigned by him by the PPA Administrator and as may be provided by the law. In 4. Maintain a detailed record of his work and submit such written reports as may
the absence of the administrator he shall act as head of the PPA. be required by the administration or court having jurisdiction over the
Qualifications of the PPA Administrator and Assistant Administrator probationer under his supervision.
1. At least 35 years of age 5. Prepare list of qualified residents of the province or city where he is assigned
2. Holder of master’s degree or its equivalent in: who are willing to act as probation aides.
a. Criminology 6. Supervise the training of probation aides and oversee the latter’s supervision of
b.Social work probationers.
c. Correction 7. Exercise supervision and control over all field assistants, probation aides and
d.Penology other personnel.
e. Psychology 8. Perform such duties as may be assigned by the court or the administration
f. Sociology  Field Assistants, Subordinate Personnel
g. Public administration Regional, provincial or city probation officer shall be assisted by such field
h.Law assistants and subordinate personnel as may be necessary to enable them to
i. Police science carry out their duties effectively (Section 27 of PD 968 as amended by RA No.
j. Police administration 10707)
k. Other related fields
3. At least 5 years supervisory experience, or a member of the Philippine bar with
at least 7 years of supervisory experience.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 5

QUALIFICATIONS OF REGIONAL, ASSISTANT REGIONAL, PROVINCIAL AND CITY RESTORATIVE JUSTICE (RJ)
PROBATION OFFICERS  It is a philosophy and a process whereby stakeholders in a specific offensive
No person shall be appointed Regional or Assistant Regional or Provincial or City result collectively how to deal with the aftermath of the offense and its
Probation Officer unless possesses the following qualifications: implications for the future. It is a victim-centered response to crime that
1. At least a bachelor’s degree with a major in social work, sociology, psychology, provides opportunity for those directly affected by the crime-the victim, the
criminology, penology, corrections, police science, police administration, or offender, their families and the community – to be directly involved in
related fields; responding to the harm caused by the crime. Its ultimate objective is to restore
2. At least three (3) years of experience in work requiring any of the above- the broken relationships among stakeholders.
mentioned disciplines, or is a member of Philippine Bar with at least (3) years of  The Restorative Justice process provides a healing opportunity for affected
supervisory experience. parties to facilitate the recovery of the concerned parties and allow them to
Note: whenever practicable, the provincial or city probation officer shall be move on with their lives.
appointed from among qualified resident province or city where he will be  According to John Braithwaite, restorative justice is a process where all
assigned to work (Section 25 of PD 968 as amended) stakeholders affected by an injustice have an opportunity to discuss how they
Power to the Administer oaths, to take dispositions and be considered as have been affected by the injustice and to decide what should be done to repair
persons in authority (Section 4 Of RA 10707) the harm. With crime, restorative justice is about the idea that because crime
“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation officers. hurts, justice should heal. It follows that conversations with those who have
Regional. Provincial or city probation officers that shall have the authority within been hurt and with those who have inflicted the harm must be central to the
their territorial jurisdiction to administer oaths and acknowledgements and to take process.
depositions in connection with their duties and functions under this decree. They  Dr. Carolyn Boyes-Watson (2014) at Suffolk University’s center for restorative
shall also have. With respect to probationers under their care, the powers of a justice defined restorative justice as a growing social movement to
police officer. They shall be considered as persons in authority.” institutionalize peaceful approaches to harm, problem-solving and violations of
Volunteer Probation Assistants (VPAs) (Section 6 of RA 10707) legal and human rights. These range from international peacemaking tribunals
“SEC. 28. Volunteer probation assistants (VPAs). – to assist the chief probation such as the South Africa Truth and Reconciliation Commission to innovations
officers and parole officers in the supervised treatment program of the within the criminal and juvenile justice systems, schools, social services and
probationers, the probation administrator may appoint citizens of good repute and communities. Rather than privileging the law, professionals and the state,
probity, who have the willingness, aptitude, and the capability to act as VPAs. restorative resolutions engage those who are harmed, wrongdoers and their
“VPAs shall not receive any regular compensations except for reasonable affected communities in search of solutions that promote repair, reconciliation
transportation and meal allowances, as may be determined by the probation and the rebuilding of relationships. Restorative justice seeks to build
administrator for services rendered as VPAs. partnerships to reestablish mutual responsibility for constructive responses to
“They shall hold office for a two (2)-year term which may be renewed or recalled wrongdoing within our communities. Restorative approaches seek a balanced
anytime for a just cause. Their functions, qualifications, continuance in office and approach to the needs of the victim, wrongdoer and community through
maximum case loads shall be further prescribed under the implementing rules and processes that preserve the safety and dignity of all.
regulations of this Act.
“There shall be a reasonable number of VPAs in every regional, provincial, and city
probation office. In order to strengthen the functional relationship of VPAs and the
Probation Administrator, the latter shall encourage and support the former to
organize themselves in the national, regional, provincial, and city levels for
effective utilization, coordination, and sustainability of the volunteer program.”

MODULE 1: INTRODUCTION TO CRIMINOLOGY 6

 Learning Assessment:
Identification
Comparing Restorative Justice from Traditional Criminal Justice
____________1.it is a victim-centered response to crime that provides
RESTORATIVE JUSTICE TRADITIONAL CRIMINAL JUSTICE opportunity for those directly affected by the crime- the victim, the offender, their
 Who has been hurt?  What laws have been broken? families and their community to be directly involved to the harm caused by the
 What are their needs? Whose  Who did it? crime. Its ultimate objective is to restore the broken relationships among
obligations are these?  What do the offender(s) deserve? stakeholders.
 What are the causes? ____________2.is a self-help social learning treatment model used in the
 What is the appropriate to rehabilitation of drug offenders and other clients with behavioral problems.TC
involve stakeholders in an effort adheres to precepts of “right living.”
to address causes and put things ____________3. Created by the virtue of the presidential decree no. 968, “the
right? probation law of 1976”, to administer the probation system. Under executive no.
292, “The administrative code of 1987” which was promulgated on November 23,
1989, the probation administration was renamed “Parole Administration” and
THERAPEUTIC COMMUNITY (TC) given the function of the supervising prisoners who, after serving part of their
is a self-help social learning treatment model used in the rehabilitation of drug sentence in jails are released on parole pardon with parole conditions.
offenders and other clients with behavioral problems.TC adheres to precepts of ____________4. By the virtue of a memorandum of agreement with the
“right living.” The Therapeutic Community (TC) is an environment that helps Dangerous Drug Boards effective August 17, 2005, the PPA performs another
people get help while helping themselves. It operates in a similar fashion to a additional function of the investigating and supervising first-time minor drug
functional family with hierarchical structure of older and younger members. Each offenders who are placed on suspended pursuant to the republic act no. 9165.
member has a defined role and responsibilities for sustaining the proper ESSAY
functioning of the TC. These are sets of rules and community norms that members 1. Distinguish Restorative Justice from Traditional Justice System
commit to live by uphold upon entry.
The primary “therapist” and teacher is the community itself, consisting of peers,
staff/probation and parole officers and even Volunteer Probation Aides (VPA),
who, as role models of successful personal change, serve as guides in the recovery
process.
2. Discuss the qualification of Parole and Probation Administration officials and
personnel

3.Give the significant functions and duties of Parole and Probation Administration

MODULE 1: INTRODUCTION TO CRIMINOLOGY 7

 Chapter 5 forced to issue mass pardons or prison wardens had to randomly release offenders
Parole to make room for entering prisoners.
Parole, defined • Credit for developing early parole systems is usually given to an Englishman,
Parole is just like conditional pardon. It refers to the conditional release of a Captain Alexander Maconochie, and Irishman, Sir Walter Crofton.
convict from a convictional institution after he serves the minimum term of his • Captain Alexander Maconochie (1787-1860)- In 1840, Maconochie was
prison sentence. It does not have the effect of extinguishing the criminal liability appointed governor of the notorious English penal colony at Norfolk Island off the
of the convict. Parole is also described as the method of selectively releasing an coast of Australia. At the time, English criminals were being transported to Australia
offender from institution prior to completion of his maximum sentence, subject and those sent to Norfolk Island were considered "twice condemned"; they had
to conditions specified by the paroling authority. been shipped to Australia from England and from Australia to the island. Conditions
Principles of Parole were so bad that, allegedly, men who received reprieves from the death penalty
 The government extends to the convicts a privilege by releasing them from wept. The first thing Maconochie did was to eliminate the flat sentence structure
prison before their full sentences is served. used in Norfolk at the time of his arrival. Instead of requiring convicts to serve their
 The government enters a release contract with the convicts in exchange for sentences with no hope of release until the full sentence had been served,
their promise to abide by certain conditions. Maconochie initiated a "mark system" whereby a convict could earn freedom by
 Convicts who violate the law or the conditions of parole can be returned to hard work and good behavior in the prison. The earned marks could be used to
prison to complete their sentences purchase either goods or a reduction in sentence. Prisoners had to pass through a
series of stages beginning with strict imprisonment through conditional release to
 The government retains control of parolees until they are dismissed from
final freedom. Movement through the stages was dependent upon the number of
parole.
marks accredited.
Other terms to remember
•Sir Walter Crofton (1815-1897)- Like Maconochie, Sir Walter Crofton believed the
 Carpeta – refers to the institutional record of an inmate which consists of his
length of the sentence should not be an arbitrary period of time but should be
mittimus or commitment order issued by the Court after conviction,
related to the rehabilitation of the offender. After becoming the administrator of the
the prosecutor's information and the decisions of the trial court and
Irish Prison System in 1854, Crofton initiated a system incorporating three classes of
the appellate court, if any; certificate of non-appeal, certificate of
penal servitude: strict imprisonment, indeterminate sentences, and tickets-of-leave.
detention and other pertinent documents of the case.
This indeterminate system or Irish system, as it came to be known, permitted
 Parole Supervision- refers to the supervision/surveillance by a Probation and
convicts to earn marks to move from solitary confinement to a return to the
Parole Officer of a parolee.
community on a conditional pardon or ticket-of-leave.
 Parole- refers to a prisoner who is released on parole.
•Zebulon Reed Brockway (1827-1920)- a Michigan penologist, is usually credited
 Prison Records- refers to the records concerning an inmate’s personal
with initiating indeterminate sentences and parole release in the United States.
circumstances, the offence he committed, the sentence imposed the
Similar to Maconochie and Crofton, Brockway believed inmates should be able to
criminal case number in the trial court and appellate courts, the date
earn their way out of prison through good behavior. Thus, they should receive a
he commenced serving his sentence, the date he was received
sentence that could vary in length depending upon their behavior in prison. In his
confinement the date of expiration of sentence the number of
opinion, this had two advantages. First, it would provide a release valve for
previous convictions if any behavior or conduct while in prison.
managing prison populations. Second it would be valuable in reforming offenders
 Release document-refers to the “discharge on parole” issued by the board of
because they would be earning release by demonstrating good behavior.
pardons on parole.
•Brockway had the opportunity to pioneer this proposal into practice in 1876 when
Inception of parole
he was appointed superintendent of Elmira Reformatory for youthful offenders in
Prior to the mid-nineteenth century most offenders were sentenced to flat or
New York. Inmates at Elmira were graded on their conduct, achievement, and
determinate sentences in prison. Under this type of sentencing, an offender
education. On the basis of their behavior in the reformatory, they were given parole
received a specific amount of time to serve in prison for a specific crime. This
United States had some form of parole release and indeterminate sentencing.
created a major problem when prisons became crowded. Governors were

MODULE 1: INTRODUCTION TO CRIMINOLOGY 8

Person qualified for parole e. Inmate is serving sentence in the national penitentiary, unless the confinement of
A prisoner is qualified for parole once the inmate had served the minimum said inmate in a municipal, city, district or provincial jail is justified.
sentence, less than GCTA earned, in his determinate prison sentence the A national inmate, for purposes of these Rules, is one who is sentenced to a
maximum period exceeds one year. maximum term of imprisonment of more than three (3) years or to a fine of more
Person disqualified for parole than five thousand pesos; or regardless of the length of sentence imposed by the
Pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the Court, to one sentenced for violation of the customs law or other laws within the
"Indeterminate Sentence Law", parole shall not be granted to the following jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to
inmates: serve two (2) or more prison sentences in the aggregate exceeding the period of
a. Those convicted of offenses punished with death penalty of life three (3) years."
imprisonment; Considerations for the grant of parole and conditional pardon
b. Those convicted of treason, conspiracy or proposal to commit treason or 1. Evidence that the petitioner will find legitimate source of livelihood upon
espionage; release.
c. Those convicted of misprision treason, rebellion, sedition or coup d' etat; 2. Petitioner has a place to establish residence.
d. Those convicted of piracy or mutiny on the high seas or Philippine waters; 3. Availability of after-care services for old, seriously ill or physically disable
e. Those who are habitual delinquents, i.e., those who, within a period of ten petitioner.
(10) years from the date of release from prison or last conviction of the crimes 1. Old age, provided the inmate is below 60 years of age when crime is committed
of serious or less serious physical injuries, robbery, theft, estafa, and 2. Physical disability, provided such physical disability is not present when the crime
falsification, are found guilty of any of said crimes a third time or oftener; was committed.
f. Those who escaped from confinement or evaded sentence; 3. Serious illness duly certified by government physicians
g. Those who having been granted conditional pardon by the President of the 4. Similar circumstances which show that the continued imprisonment will be
Philippines shall have violated any of the terms thereof; inhuman or will pose grave danger to the life of the petitioner
h. Those whose maximum term of imprisonment does not exceed one (1) year Reports to be accomplished by the supervising PPO
or those with definite sentence; 1. Progress report-when a parolee commits another offense during the period of his
i. Those convicted of offenses punished with reclusion perpetua, or whose parole supervision and the filed case against him has not yet been decided by the
sentences were reduced to reclusion perpetua by reason of Republic Act No. court or on the conduct of a parolee while under supervision.
9346 enacted on June 24, 2006, amending Republic Act No. 7659 dated January 2. Infraction report-when the parolee has been subsequently convicted of another
1, 2004; and crime.
j. Those convicted for violation of the laws on terrorism, plunder and 3. Violation report-when a parolee commits any violation of the terms and
transnational crimes." conditions appearing to his release document or any serious deviation or non-
Eligibility for review of a parole case observance of the obligations set forth in the parole supervision program.
an inmate's case may be eligible for review by the board provided: 4. Summery report-after the expiration of a maximum sentence of a parolee the PPO
a. Inmate is serving an indeterminate sentence the maximum period of which concerned shall submit to board through the chief probation and parole officer a
exceeds one (1) year; summary report on his supervision on a parolee.
b. Inmate has served the minimum period of the indeterminate sentence; Notes:
c. Inmate's conviction is final and executor;  Upon the receipt of an infraction report the board may order the arrest or
In case the inmate has one or more co-accused who had been convicted, the recommitment of a parolee
director/warden concerned shall forward their prison records and  The parolee who is recommitted to prison shall be made to serve the remaining
carpetas/jackets at the same time. unexpired portion of the maximum sentence for which he was originally
d. Inmate has no pending criminal case; and committed to prison

MODULE 1: INTRODUCTION TO CRIMINOLOGY 9

 1. clearances from the police court, prosecutor’s office and barangay
 The LEARNING ASSESMENT:
officials shall be attached to the summary report. True or False: write True if the statement is correct and False if not.
Termination of parole supervision 1. An infraction report should be submitted when a parolee commits any
 Certificate of final release and discharge-upon the receipt of the summary violations of the terms and conditions appearing on his release
report the board shall upon recommendation of the chief probation and document or any serious deviation or non-observance of the
parole officer that the parolee has substantially complied with all the obligations set forth in the parole supervision program.
conditions of his release documents issue to the parolee a certificate of final
release and discharge. 2. Those national prisoners serving sentence in a municipal, city, district
 Effect of certificate of final release and discharge- upon the issuance of a or provincial jails is disqualified for probation unless the confinement
certificate of final release and discharge the parolee shall be finally released in said jail is in good faith or due to circumstances beyond prisoners
and discharge from the conditions appearing in his release document. control.
Note: the accessory penalties of the law which have not been expressly remitted 3. A parolee may not transfer from one place of residence designated in
therein shall subsist. his release document without the prior written approval of the
 Transmittal of certificate of final release and discharge-the board shall regional director subject to confirmation of the parole and probation
forward a certified true copy of the certificate of final release and discharge to administration.
the parolee the court which imposed the sentence the PPO concerned the 4. The chief of probation and parole officer may authorize a parolee to
BuCOR, the NBI the PNP and the office of the president. travel outside his area of operational jurisdiction for a period of not
1. Petition contents and endorsement more than 60 days.
2. Time and form of application 5. If based on the pre-parole investigation, there is clear and convincing
3. Transmittal of carpeta and prison records. evidence that the release on parole will endanger the life of the
parolee or those of his relatives or the life safety and wellbeing of the
victim, his relatives, his witnesses, and the community, the release of
the prisoner shall be cancelled.
Identification
1. Refers to the institutional record of an inmate which consists of his
mittimus or commitment order issued by the court after
conviction, the prosecutor’s information and the decisions of the
trial court and the appellate court if any; certificate of non-appeal,
certificate of detention and other pertinent documents of the case.
2. Father of the prison reform and the father of American parole of
the united states.
3. An Englishman who was credited for developing early parole
system. He initiated a “mark system” whereby a convict could earn
freedom by hard work and good behavior in the prison.
4. Refers to “the discharge on parole” issued by the board of pardons
and parole.
5. A method of selectively releasing an offender from institution prior
to completion of his maximum sentence, subject to conditions
specified by the authority.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 10

Essay References
1. What are the reports to be accomplished by supervising PPO, distinguish each
one from the others.
Eduardo, Jester P. Essentials of Criminology. Wiseman’s Books Trading, Inc. 2018.

2. Enumerate the factors to be disqualified for parole.

3. Discuss the procedure for the grant of parole.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 11

 Chapter 6 Illustrative
Illustrative Example:
examples:
The Indeterminate Sentence Law (ISLAW) Homicide with one mitigating circumstance. The maximum penalty
(Act No. 4103, as amended) Penaltybyislaw
prescribed oneistoReclusion
5 years. Indeterminate
temporal. Since sentence
there ismayone be one yearand
mitigating to 3noyears or to 5
The basic mandate of the indeterminate sentence law is the imposition of an years. it will be in the minimum or reclusion temporal minimum period.
aggravating
indeterminate sentence which is compromised by a MINIMUM term and a On theSPL:other
min hand,
(at least
thethat prescribed)
minimum is onetodegree
max (not nextexceed
lower prescribed)
to reclusion temporal
MAXIMUM term. The court instead of imposing a “straight” penalty, the court must 1. MAXIMUM
without considering TERM: court maycircumstance
the mitigating fix any as long andas that
it does
willnot
be exceed the minimum
prision mayor.
determine two penalties. It is indeterminate in the sense that after serving the The rangeprescribed
of prision by mayor
the special law
will depend upon the discretion of the court.
MINIMUM, the convict may be released on parole, or if he is not fitted for release, 2. MINIMUM
Therefore, TERM: courtpenalty
the indeterminate has discretion
is a minimumso longofasprision
it doesmayor
not exceed
(withinthe minimum
the
he shall continue serving his sentence until the end of the MAXIMUM. prescribed
range fixed by theby the special
court) to a maximumlaw of reclusion temporal minimum period.
Indeterminate sentence is a sentence with a minimum term and a maximum benefit Disqualified
Notes: RPC: (next persons:
lower to prescribed) to max (impossible)
of a guilty person, who is not disqualified therefore, when the maximum penalty of ISLAW
Derive is not applicable
MAXIMUM to persons
term imposable by who are: rules for aggravating (AC) and
applying
imprisonment exceeds one year. It applies to both violations of the (RPC) and 1. Convicted
ordinary mitigating of circumstances
offenses punished (MC)with under death
art.or
64life
andimprisonment
for complex crimes
special laws. (SPL) The purpose of the law is to uplift and redeem valuable human 2. Those
under art.48 convicted of treason, conspiracy or proposal to commit treason, misprision
material and prevent unnecessary and excessive deprivation of personal liberty and  No AC or MC: penalty PRESCRIBED medium period
of treason, rebellion, sedition or espionage, or piracy.
economic usefulness. (People v. Onate, 78 SCRA 43) As a rule, it is intended to favor  13.AC,
Those
no who are habitual
MC: Penalty delinquents
PRESCRIBED maximum period
the accused particularly to shorten his term of imprisonment, depending upon his  No
NOTES:
AC, 1 MC: Penalty PRESCRIBED minimum period
behavior and his physical, mental, and moral record as a prisoner to be determined  Recidivists
 Several are MC’s:
AC’s and entitled to an indeterminate
OFFSET then apply rules sentence (people V. Jaranilla, 28547,
to remainder
by the Board of Indeterminate Sentence. Penalties shall not be standardized but  NoFEB.
AC, 22,
2 or1974)
more MC’s: penalty NEXT TO LOWER IN DEGREE TO THAT
fitted as far as is possible to the individual, with due regard to the imperative  Recidivists is one, at the time of his trial for one crime, shall have been previously
PRESCRIBED
necessity of protecting the social order.  If complex
convictedcrimeby final judgement
(2 or more grave of felonies
another OR crimeoneembraced
offense isina the same title of the
necessary
Coverage of the application: RPC. for
means (People vs. Lagarto,
committing G.R No.penalty
the other): 65833,for Maythe6,MOST
1991)SERIOUS CRIME
GENERAL RULE:  Habitualperiod
maximum delinquent is a person, who within a period of ten years from the date of
All persons convicted of any crimes under Philippine courts regardless whether it is Derive MINIMUM or
his release termlastby
conviction
the penalty of the
onecrimes
degreeofthanless the
serious or serious
penalty physical
prescribed
in violation of RPC or SPL, are qualified for the application of indeterminate sentence by the RPC, without regard to its three periods. The court has discretion to fixsaid
injuries, robbery, theft, estafa or falsification, is found guilty of any of as crimes
law. Exceptions are those specifically disqualified by law. the third time or oftener. (Art. 62, RPC)
the minimum term any period of imprisonment within that penalty next lower
APPLICTION OF (ISLAW) to the penalty prescribed
Violation of the Revised Penal Code EXCEPTION: WHEN THERE IS A PRIVILEGED Recidivism MITIGATING CIRCUMSTANCE, do
Habitual delinquency
The court shall sentence the accused to an indeterminate sentence the NOT follow the crimes
As to the aforementional It is therule. Consider
sufficient that thethe privileged
accused Themitigating
crimes specified
MAXIMUM TERM of which shall be that which, in view of the attending circumstance first before any on the ACdate of histotrial
or MC getshall
thehave
PENALTY PRESCRIBED and
committed
been previously convicted by the
circumstances, could be properly imposed under the Code, and the MINIMUM TERM then proceed as required by the rule on deriving the minimum term. Otherwise,
final judgement of the other crime
which shall be within the range of the penalty next lower in degree to that the maximum of the ISLAW will endin up
embraced thebeing lower
same title than the minimum of the
of the
prescribed by the Code for the offense. ISLAW RPC
The maximum is the penalty imposed as provided by law, depending upon the Violation of special penal lawperiod of the time
As to the period No The offender is found guilty of
attending circumstances. The minimum is one degree next lower to the penalty The court shall sentence the accused
of the time the between thetoformer
an indeterminateany sentence the specified
of the crimes
prescribed for the offense. The latter is determined without considering the MAXIMUM TERM of which shall not exceed the maximum fixed by the said lawhis last
crimes are conviction and the last within ten years from
attending circumstances to the penalty prescribed, and is left to the discretion of the and the MINIMUM shall not be less than the MINIMUM TERM prescribed by
committed conviction is fixed by law release or last conviction
court. time. As to the The second conviction for The accused must be found
number of an offense embraced in the guilty the third time or oftener
crimes same title of the RPC is of any of the crimes specified
committed sufficient

MODULE 1: INTRODUCTION TO CRIMINOLOGY 12

 as to their effects If not offset by the if there is habitual LEARNNG ASSESMENT:
mitigating circumstances, delinquency, an True or False: write true if the statement is correct and false if it is not.
serves to increase the additional penalty is 1. All persons convicted of any crimes under Philippine courts
penalty to the maximum regardless whether it is I violation of RPC or SPL, are qualified for
also imposed
the application of indeterminate sentence law.
4. those who shall not have escaped from confinement or evaded
2. In case of the violation of the revised penal code, the court
sentence shall sentence the accused to an indeterminate sentence, the
Note: maximum term of which shall not exceed the maximum fixed
 A minor who escaped from confinement in the reformatory is entitled by the said law and the minimum shall not be less than the
to the benefits of the law because confinement is not considered minimum term prescribed by the same.
imprisonment (people v. perez, 44 OG 3884) 3. Recidivists are entitled indeterminate sentence which is not in
5. Those who having been granted conditional pardon by the president shall case of habitual delinquents.
have violated the terms thereof 4. The application of indeterminate sentence law is mandatory if
6. those whose maximum period of imprisonment does not exceed one year. the imprisonment would exceed one year. It would be
Notes: favorable to the accused.
 The application of which is based upon the penalty actually imposed in 5. The determination of the minimum term is left entirely within
accordance with law. (people v. hidalgo, 452, Jan. 22, 1962) the discretion of the court to fix it anywhere within the range
7. those already serving final judgement upon the approval of this act. of the penalty next lower without reference to the periods into
(December 5, 1993). which it may be subdivided in the case of violations of RPC.
8. those who sentenced to the penalty of destierro or suspension Identification
Discretion of court to fix minimum 1. It is a sentence with a minimum and a maximum term
In determining the minimum penalty, the law obligates the courts to fix the benefit of a guilty person, who is not a disqualified
penalties with the widest discretion that the courts have or ever have. The therefore, when the maximum penalty of imprisonment
determination of the minimum term left entirely within the discretion of the exceeds one year. It applies to both violations of the revised
court to fix anywhere within the range of penalty next to lower without penal code (RPC) and special penal laws (SPL).
reference to the periods into which it may be subdivided this obviously applies 2. The purpose of this law is to uplift and redeem valuable
only for offenses under the revised penal code. human material and prevent unnecessary and excessive
Notes: deprivation of personal liberty and economic usefulness. As
 Whenever any prisoner who shall have served the minimum penalty imposed on
a rule, it is intended to favor the accused particularly to
him, the board of indeterminate sentence may, in its discretion, an in accordance
with the rules and regulations adopted thereunder, authorize the release of such shorten his term of imprisonment depending upon his
prisoner o parole. If during period of surveillance, such parolee shall show himself to behavior and his physical, mental, and moral lessons.
be a law-abiding citizen and shall not violate any of the laws of the Philippines, the 3. A person who is at time of his trial for one crime, shall have
board may issue a final certificate of release in his favor. Whenever any prisoner been previously convicted by final judgement of another
released on parole, the board shall, during the period of surveillance, violate any of crime embraced in the same title of the revised penal code.
the conditions of his parole, the board may issue an order for his re arrest and shall 4. A person who within a period of then years from the date of
serve the remaining unexpired portion of the maximum sentence. his release or last conviction of the crimes of serious or less
 The application of the indeterminate sentence law is mandatory if the imprisonment serious physical injuries, robbery, theft, estafa or
would exceed one year. It would be favorable to the accused. (people v. judge falsification, is found guilty of any of said crimes a third time
german lee, jr., 8689, sept. 12, 1984) or oftener.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 13

Essay Chapter 7
1. Discuss the application of ISLAW for violation of the special penal laws. Pardon and other forms of executive clemency
Pardon
Section 19, article VII of the 1987 constitution:
“Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction of final judgment,”
He shall also have the power to grant amnesty with the concurrence of a majority of
all members of the congress.
Pardon, concept and definition
Pardon is a form of executive clemency which is exercised by the chief executive t is
an act of grace and the recipient of pardon is entitled to it as matter of right. The
exercise of pardon is vested in the executive is discretionary and is not subject to
review or judicial notice by the court. Neither does the legislative branch of
2. Differentiate Recidivism for Habitual Delinquency. government have the right to establish condition nor provide procedures for the
exercise of the same. Hence, it is vulnerable for abuse by the executive. Pardon
begun from the Pre-Christian era. In fact the holy bible contains an allusion where a
criminal was released and pardoned by the king at the time christ was crucified. The
exercise of pardoning power has always been vested in the hands of executive
branch of the government whether a king, queen, president or governor.
In England pardon developed out of the conflict between the king and the nobles
who threatened his power. Pardon was applied to members of the royal family who
committed crimes, and occasionally to those convicted of offenses against the royal
power. It was the general view that the pardoning power was the exclusive
prerogative of the king. In the united states, pardon among early American colonies
was a carry-over of English practice. The pardoning power was exercised by the royal
governor through the power delegated by the king. After the declaration of
independence, the federal and state constitutions vested the pardoning power on
3. Discuss the importance of attending circumstances in the application of ISLAW the president of the united states and the governors in federal and state cases
for the offenses punish by the RPC. respectively
IS THE PARDONING POWER OF THE PRESIDENT ABSOLUTE?
No. the constitution itself provides for the limitations to wit:
1. Pardon cannot be granted in cases of impeachment (section 19, Article VII of
the 1987 Constitution). In very strict sense, an impeachment proceeding is not
judicial proceeding neither criminal prosecution and therefore beyond the
ambition of pardoning power. But when the government official is already
impeached from his office and latter on charged and convicted criminally in an
ordinary criminal action, the president may extend pardon to him

MODULE 1: INTRODUCTION TO CRIMINOLOGY 14

 2. no pardon can be granted for violation of any election laws, rule and Where the pardon is absolute the convicted person has no option at all and must
regulation without the favorable recommendation of the commission on accept it whether he likes it or not. His consent to absolute pardon is not
election (section 5, article IX (C). This provision is a good guard for the President indispensable hence, it is valid upon issuance. whereas in the case of conditional
in exercising power in the favor to her political party mates who violated pardon the convicted person has the right to reject or refuse the pardon if he feels
election laws for her to win the presidency. the condition imposed is not favorable on his part. This kind of pardon is considers a
Under Section 5 of the general guidelines for recommending executive clemency contract between the pardoning authority and the pardonee hence, consent is
which is approved and released by the department of justice on June 26, 2003, indispensable for its validity.
provides among other that: Purposes of absolute pardon
“the board of pardons and parole shall refer matters pertaining to executive 1. To do away with miscarriage of justice.
clemency for comment and recommendation as follows: 2. To keep punishment abreast with the current philosophy, concept or practice in
a) To commission on elections, if it involves violation of election laws, rules and the administration of justice.
regulation. 3. To restore full political and civil rights of the persons who have already served
b)To the secretary of national defense and the secretary of interior and local their sentence and have waited the prescribed period.
government, if it involves crimes against national security or public order or 4. To avoid political crisis or tumultuous political situation.
the law of nations and, Board of pardons and parole (BPP)
c) To the department of foreign affairs, if the prisoner is an alien. It is worth to The board of pardons and parole is the administrative arm of the president of the
note that in the cases of no. 2 and 3, the president may disregard these Philippines in the exercise of his constitutional power to grant pardon. The BPP is
because it does not belong to the constitutional limitations in exercising composed of seven members all appointed by the president with the secretary of
pardon. justice as acting chairman. However in practice, one of the undersecretaries of
justice is serving as acting chairman. The law requires that the six board members
3. Pardon can be granted only after conviction by final judgement. There is no should include a sociologist, a clergyman, an educator, a lawyer, a penologist and at
room for pardon when the case has not yet reached its finality. In the case of least one is a woman.
former president Estrada, his appeal from the judgement of Sandiganbayan How to avail the privilege of conditional pardon?
was withdrawn to make it final and for him to avail the privilege of pardon. To avail of this privilege, a qualified inmate, his family or relatives, or upon
4. Pardon must yield to the doctrine of separation of powers. A pardon cannot recommendation of prison authorities will file petition for conditional pardon
be extended to a person convicted of legislative contempt, as this would addressed to the president. The request will be forwarded to the board of pardons
violate said doctrine, or of civil contempt since this would involve the benefit and parole, which will process the same before making their appropriate actions.
not of state itself but of the private litigant whose rights have been violated Factors to be considered by the board of pardons and parole in recommending
by the person declared in contempt. It is also well settled that pardon cannot pardons to the president.
be extended for the purpose of absolving the pardonee of civil liability, In acting on petitions for pardons the BPP shall consider, among others, the
including judicial costs, since again, the interest that is remitted does not following:
belong to the state but to the private litigant pardon will also not restore 1. Age of petitioner;
offices forfeited. 2. The gravity of offense;
Two (2) kinds of pardon 3. The manner in which it was committed; and
There are two kinds of pardon, the absolute and the conditional pardon. An 4. The institutional behavior or conduct and previous criminal record, if any of the
absolute pardon is one extended without any conditions or strings attached, petitioner.
whereas the conditional pardon is one under which the convict is oblige to However the BPP, may consider a petition for absolute pardon even before the lapse
follow certain conditions. of periods provided by guidelines, in the special cases such as when the petitioner is
seeking reinstatement in the government service, needs to go abroad to undergo
medical treatment that is not available in the country, will take government or bar
examination or is immigrating.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 15

Extraordinary circumstances e) at least fifteen years for inmates convicted of heinous crimes or offenses defined
The board shall recommend to the president the grant of executive clemency in republic act. No. 7659 or other special laws committed on or after January 1, 1994
when any of the following extraordinary circumstances are present: and sentenced to one reclusion perpetua or one life imprisonment
a) The trial court or appellate court in its decision recommended the grant of f) at least eighteen years for inmates convicted and sentenced to reclusion perpetua
executive clemency for the inmate. or life imprisonment for violation of republic act. No. 6425 as amended, otherwise
b) Under the peculiar circumstances of the case, the penalty imposed is too known as “the dangerous drugs act of 1972” or republic act no. 9165 also known as
harsh compared to the crime committed. “the comprehensive dangerous drugs act of 2002” and for kidnapping for ransom or
c) Evidence which the court failed to consider, before conviction which would violation of the laws of terrorism, plunder and transnational crimes;
have justified an acquittal of the accused. g) at least twenty years for inmates sentenced to two or more reclusion perpetua or
d) Inmates who were over fifteen years but under eighteen years of age at the life imprisonment even if their sentences were adjusted to a definite prison term of
time of the commission of the offense. forty years in accordance with the provisions of article 70 of the revised penal code
e) Inmates who are seventy years old and above whose continued as amended.
imprisonment is inimical to their health as recommended by the physician h) at least twenty-five years for inmates originally sentenced to death penalty but
of the bureau of corrections hospital and certified under oath by physician which was automatically reduced or commuted to reclusion perpetua or one life
designated by the department of health. imprisonment.
f) Inmates who suffered from serious, contagious or life-threatening illness B. For Conditional Pardon, an inmate should have served at least one-half of the
disease or with severe physical disability such as those totally blind maximum of the original indeterminate and or definite prison term.
paralyzed, bedridden, etc. as recommended by physician of the bureau of Notice to the Offended Party
corrections hospital and certified under oath by a physician designated by In all cases when an inmate is being considered for executive clemency the board
the department of health. shall notify the offended party or in the event that the offended party is unavailable
g) Alien inmates where a diplomatic considerations and amity among nations for commitment or otherwise cannot be located the immediate relatives of the
necessitate review and, offended party. Said persons shall be given thirty days for notice to comment on
h) Such other similar or analogous circumstances whenever the interest of whether or not executive clemency may be granted to an inmate. Provided that, in
justice will be served thereby. extreme urgency or when interest of justice will be served thereby, such notice may
Other circumstances be waived or dispensed with by the board. In such case, the board shall explain the
When none of the extraordinary circumstances enumerated in section 3 exists reason for the waiver of such notice in the board of resolution recommending
the board may nonetheless review and or recommend to the president the executive clemency.
grant of executive clemency to an inmate provided the inmate meets the When the pardon grantee fails to comply with the conditions of the pardons
following minimum requirements of imprisonment. In case of violations of any provisions of the conditional pardon, the pardon itself is
For commutation of sentence the inmate should have served. deemed and invalidated and the pardonee may be either recommitted by the
a) At least one-third of the definite or aggregate prison terms: president under the administrative code or prosecuted for violation of conditional
b)At least one-half of the minimum of the indeterminate prison terms or pardon under article 159 of revised penal code. Under the revised penal code the
aggregate minimum of the indeterminate prison terms penalty of prison correctional in its minimum period shall be imposed upon the
c) At least ten years for inmates sentenced to one reclusion perpetua or one life convict except the penalty remitted is higher than six years in which event shall
imprisonment for crimes or offenses not punished under republic act. No. serve the unexpired portion of his original sentence.
7659 and other special laws Revocation of conditional pardon by the president shall not be reviewed by the
d)At least thirteen years for inmates whose indeterminate or definite prison court
terms were adjusted to a definite prison term of forty years in accordance the determination of the violation of conditional pardon rests exclusively in the
with the provisions of article 70 of the revised penal code as amended. sound judgement of the chief executive and the courts will not interfere by the way
of review with any of its findings (Espuelas v. prov. Warden of Bohol, 108 PHIL. 353)

MODULE 1: INTRODUCTION TO CRIMINOLOGY 16

legal effect of pardon Commutation of sentence
the legal effects of pardon is to restore not only the convicts liberty but also his The reduction of a sentence for a criminal act by action of the executive head of the
civil and political rights however in the case of Monsato v. Factoran the supreme government. Like pardon, commutation of sentence is a matter of grace, not of right
court declares that “pardon does not ipso facto restore a convicted felon to it is distinguished by pardon, however in that the conviction of crime is not nullified
public office necessarily relinquished or forfeited by reason of the conviction the commutation, hence, may be granted in condition that the criminal observe
although such pardons undoubtedly restores his eligibility for appointment to certain restrictions for the balance of his original sentence. Many states have statues
that office. providing for commutation of sentence as reward for good conduct during
Amnesty imprisonment. Once earned the commutation becomes a matter of right and may be
The act of authority (as government) by which pardon is granted to a large enforced by court action.
group of individuals. A sovereign act of oblivion or forgetfulness (from Greek Reprieve
amnestia (“forgetfulness”) granted by a government, especially to a group of The act of postponing the enforcement of a sentence, particularly a death sentence
persons who are guilty of (usually political) crimes in the past. It is often to allow an appeal.
conditional upon groups return to obedience and duty within a prescribed Remit fines and forfeitures
period. Prevents the collection of fines or the confiscation of forfeited property; it it cannot
Pardon Amnesty have the effect of returning property which has been vested in third parties or
 Pardon is granted by the chief  It is a proclamation of the chief of money already in the public treasury.
executive and therefore it is a executive with the concurrence of
private act which must be pleaded the congress, hence, it is a public
and proved by the person act which the court should take
pardoned because the court take judicial notice
no notice thereof
 It can only be granted after  Amnesty can be granted before or
conviction after the institution of the criminal
prosecution and sometimes after
convictiction
 It is granted to an individual  Granted to classes of persons or
communities who may be guilty of
political offenses

 Pardon looks forward and releaves the  Amnesty looks backward and
offender from the consequenses of an abolishes and puts oblivion the
offense of which he was convicted it
offense itself, it so overlooks and
abolishes or forgives the punishment and
for that reason it does not work the obliterate the offense with which
restoration of the rights to hold public he is charge that the person
office or the right of suffrage unless such released by amnesty stands
rights be expressly restored by the terms
before the law precisely as though
of pardon and at in no case exempts the
offender from payment of the civil he had committed no offense
indemnity imposed upon him by the
sentence

MODULE 1: INTRODUCTION TO CRIMINOLOGY 17

LEARNING ASSESMENT Essay
True or False: write true if the statement is correct and false if it is not.
1. Where the pardon is absolute the convicted person has no 1. Discuss the nature and concept of the executive clemency power of the
option at all and must accept it whether he likes it or not. His president.
consent to absolute pardon is not indispensable hence, it is valid
upon issuance.
2. The parole and probation administration is the administrative
arm of the president of the Philippines in the exercise of his
constitutional power to grant pardon.
3. The congress is empowered to establish condition or to provide
procedures for the exercise of the pardon by the president.
4. Pardon can be extended for the purpose of absolving the
pardonee of civil liability, including judicial costs since again the
interest that is remitted does not belong to the state but to the
private litigant. Pardon also will not restore offices forfeited.
5. Recommendation by the secretary of national defense and 2. Differentiate pardon from amnesty.
secretary of interior and local government, if it involves crimes
against national security or public order or the law of nations is
required before they can be granted pardon by the president.
Identification
1. A form of executive clemency which is exercised by the chief
executive. It is an act of grace and the recipient of this is entitled
to it is as a matter of right. The exercise of this power is vested in
the executive is discretionary and is not subject to review or
judicial notice by the court.
2. It is a proclamation of the chief executive with the concurrence
of the congress, hence, it is a public act which the court should 3. Define and differentiate the two types of pardon.
take judicial notice.
3. The act of postponing the enforcement of a sentence particularly
a death sentence, to allow an appeal.
4. The reduction of a sentence of a criminal act by action of the
executive head of the government.
5. This can be granted before or after the institution of the criminal
prosecution and sometimes after conviction

MODULE 1: INTRODUCTION TO CRIMINOLOGY 18

 Chapter 8 concept of collaborative justice with the community and other service providers
The future of corrections community corrections professionals cannot possibly, and should not expect to,
The Necessity of collaboration with the community address the complex needs of offenders independently. Other professionals must be
To ensure public safety is the desired outcome of the criminal justice systems involved to provide valuable information resources and perspectives that will help
intervention in rehabilitating offenders. For this reason, criminal justice the offender to succeed in the community. Collaboration goes beyond sharing of
practitioners must find and must continuously develop the most effective ways resources and exchanging information, collaboration requires that community
in which this goal may be achieved. New approaches of offender correction and corrections officers, court officaials, and community partners work closely which
rehabilitation will definitely produce different effects on the components of the each to achieve outcomes that would not be possible without collaboration.
justice system. Current policies encourage these components to consider the Working with other criminal justice professionals and community partners can result
impact of their individual duties and their responsibility in delivering justice. in supervision plans that addresses offenders needs more effectively, resulting in
Community based correction is a critical lynch pin in these efforts responsible lower court caseloads and reduced violations and crime rate within community. Its
for effectively managing offenders while in probation, parole or conditional only through collaboration with public, private, and community-based service
pardon with parole conditions as with other components within the justice providers that community corrections can promote safer communities.
system collaborating and partnership with other components with other With whom should community corrections professionals collaborate?
community (internal and external partners) has become increasingly critical to The selection of collaborative partners is just as critical as commitment to
the accomplishments of community corrections mission of enhancing public collaboration itself. Collaborative justice should include those who have the
safety by effectively rehabilitating offenders in the community. If the primary authority to influence the outcome of the problem on hand and have a
goal of the community correction is to achieve public safety through reduced demonstrated investment in doing so. In a community-based corrections
recidivism by effectively managing offenders within the community, then the collaboration, law enforcement, counsel of the accused, prosecutors, judges, court
community corrections agencies must reach out to collaborative partners as personnel and others are important stakeholders in the success of offenders in the
more comprehensive approaches to supervising offenders are implemented in community. Law enforcement is an important partner to community in supervision
the field, enhanced collaboration is required to provide assistance and efforts providing support to monitoring and enforcement activities. Prosecutors and
additional resources necessary to promote offender success for example with counsel of the accused assist by crafting effective sentencing strategies, and judges,
increased understanding and implementation of integrated case management through imposition of conditions as part of their sentencing decisions, provide the
systems around the country communication among criminal justice structure and tools that community corrections need’s to manage offender
professionals and community partners is more important than ever . such new successfully and promote offender success in the community. Community and
approaches to community supervision require strong partnerships with the service providers play key roles in addressing effectively the complex, social,
community (including the victim and offender). Collaboration with institutional behavioral and health issues that offenders face. Public and private treatment
partners is also criticaly important, working with the correctional officers and providers, including substance abuse and mental health practitioners, victim’s rights
institutional case managers to prepare an offender for reentry into the and organization and victims advocate can also provide valuable resources and
community. The issues facing the offenders upon release are numerous and perspective for supervising offenders. Government agencies providing housing
often confounding-lack of housing, drug addiction, limited employment options, resources workforce training, educational assistance and veterans benefits are also
limited education. To succeed, these needs must be considered and a plan put important partners in finding solutions to complex problems facing offenders in the
in place before the offender is released such barriers to successful community. Community and faith based partners including willing employers and
reinterrogation must be addressed through partnerships with other local colleges and schools can provided numerous resources. But still important
practitioners, service providers, and community agencies. stakeholders are the offender and his or her family.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 19

Sentencing philosophies and practices Challenges of collaborative justice
 Retributive justice (past) The successful implementation of a collaborative justice approach often faces many
 Restorative justice (present) challenges, including;
 Collaborative justice (future)  The adversarial nature of the legal system
Retributive justice Restorative justice Collaborative justice  The competition for scarce resources;
 Retributive justice is a  Sometimes called  Collaborative justice is a  The political pressure faces by elected officials;
reparative justice is an unique and promising
theory of punishment  The creation or existence of agencies that have overlapping, duplicative
that when an offender approach to justice that approach to criminal justice
focuses on the needs of that seeks to work toward responsibility.
breaks the law, justice
requires that they suffer the victims and the the more effective  The creation or existence of agencies that have missions that are incongruous
in return, and that the offenders, as well as the resolution of these The success of a collaborative team relies upon the desire and willingness of each
response to a crime is involved community, problems. Rather than
instead of satisfying relying on single agencies to
participant to dedicate themselves and their time to a collaborative process; to set
proportional to the
offence. abstract legal principles solve their respective aside individual agency agendas in pursuit of a shared and larger goal; and to
 When an offender breaks
or punishing the problems, it recognizes that recognize that collaborative justice is a long-term process requiring the
offender. many criminal justice establishments and maintenance of solid collaborative partnerships with other
the law he or she hereby
 Victims take an active problems are systematic
forfeits or suspends his
and require a coordinated
agencies and community stakeholders. The long-term benefits of the collaborative
role in the process, while
or her rights to approach – including a shared ownership of responsibility for, and success in solving
offenders are encouraged and collaborative response
something equal in value
and justce requires that
to take responsibility for to most pressing issues justice system problems- will undoubtedly make the investment worthwhile.
their actions, “to repair facing our justice system Organizations and associations related to community corrections
his forfeits be enacted.
the harm they’ve done today.
 retributive justice is not -by apologizing returning  Collaborative justice
The international community corrections association (ICCA) in 1064, the
personal, is directed only stolen money or partnerships and the ability international community corrections association (formerly known as the
at wrongdoing, has community service.” to share information, international halfway house association and, later in 1989, as the international
inherent limits, involves  Restorative justice that develop common goals and
no pleasure at the
association of residential and community alternatives) held out first meeting in
fosters dialogue between create compatible internal
suffering of others and Chicago, IL, with 30 people in attendance. Today, after more than 45 years, the ICCA
victim and offender policies to support those
employs procedural shows the highest rates goals have significant represents more than 250 private agencies operating over 1,500 residential and
standards. of victim satisfaction and potential to positively community alternative programs, in addition to 1,000 individual members nationally
offender accountability. impact crime, increase and abroad. Its members offer a variety of programs and services which include:
public confidence and
reduce costs throughout
 Community-based corrections centers
the justice system.  Community corrections programs
 Criminal justice  Education or vocational services
professionals join forces to  Drug testing and treatment
analyze problems and
create responsive solutions;  Tutoring services
and judges court  Day reporting treatment
administrators prosecutors  Crisis intervention
defense attorney probation
and parole representatives
 Family or individual counseling
corrections personnel  Victim services
victim advocates etc. reach  Community service supervision
out to one another to forge  Bail supervision home detention or electronic monitoring
partnerships that will
enable them to address  neighborhood outreach
complex medical and other  residential treatment
problems that threats  aftercare
safety of our community.
 transitional housing
MODULE 1: INTRODUCTION TO CRIMINOLOGY 20
The international community corrections association, as a private, non-profit Integrating into everyday practices the correctional programs and techniques that
membership organization, acts as representative voice for residential and other have been shown to be most effective with offender using evaluation results from
community corrections programs. As such, it expects of its members systematically evaluated research studies. EBP is not based on intuition, speculations
compassion belief in dignity and worth of human beings, respect for individual or traditions rather, EBP is grounded in empirical data and research in studying what
difference and commitment to quality care for its clients. It requires of its works. The idea behind EBP in corrections is that agencies use only the most
members the professional background, research and expertise necessary to successful programs.
ensure performance of effective quality services delivered with integrity and Corrections research priorities
competence. ICCA affirms that its primary goal is the successful re-integration of On march 12, 2009 the US department of justice, office of the justice programs-
the client to the community. national institute of justice has identified high-priority research, development and
ICCA has been an affiliate of the American correctional association (ACA) since evaluation needs of correction professionals. Those high-priority goals include:
1975, an affiliate of the united nations alliance of non-governmental  Create knowledge and develop technologies on how prisons, jails and
organizations in criminal justice since 1982, the American probation and parole community corrections can be better managed to provide safe secure and cost-
association, the international corrections and prison association and the juvenile effective operations
justice delinquency prevention coalition. In addition, ICCA liaises with several  Create knowledge on how best to assess and manage special offender
other national and international community corrections organizations. populations in prisons, jails and in the community.
American probation and parole association (APPA)  Develop effective treatment or intervention strategies that enhance public
Is an international organization that provides education and training for safety by minimizing the successful reentry of offenders into community.
community corrections practitioners and supervisors. APPA establishes  Research the cuses of prison sexual assault and factors that may deter the
standards in all areas of community supervision, including restitution, electronic reporting of such assaults and evaluate strategies, practices and policies
monitoring, pretrial, conditional early release and issues related to prisons. designed to prevent it.
APPA is only one of several organizations that serve s similar purpose for  Develop assured means to continuously and accurately monitor the location and
community corrections advocacy. Other organizations are as follows: status of corrections officers and personnel as well as inmates and detaines.
1. American Correction Association (ACA)  Develop improved means to detect, locate and defeat the use of unauthorized
2. National association of pretrial services agencies (NAPSA) wireless communications devices.
3. International association of reentry (IAR)  Develop improved, unobtrusive means to accurately detect a broad spectrum of
Involvement of non-government organization (NGOs) contraband to preclude its introduction into correctional environments.
It cannot be denied that non-government organization or private sector will play  Optimizing the way in which corrections agencies employ new technologies such
an important role in the success of rehabilitating offenders in the community. smart sensors wireless mobile networks and knowledge management in
These NGOs can provide job opportunities to clients of community-based response operations
correction. We must understand that opportunities available for those clients  Develop Improved information and data systems that link an individual’s records
are great help for their rehabilitation. and citations across various criminal justice databases from the time of entry
Significance of research corrections into the criminal justice system.
Making of research is making a future. Hence, the future of corrections will be  Develop devces providing multilingual speech translation capabilities for public
based on how much studies are conducted to develop the current policies in safety application including voice and speech-to-text or text-to-speech.
corrections. What is lacking today in the Philippine correction is research. These priorities inform decisions about the scope of future work and the
Although there are foreign researches available, but capability of these in our dissemination of NIJ-sponsored knowledge and technologies. At the same time, the
local setting is a question. NIJ maintains the flexibility to respond to emerging needs and to consider the merits
Evidence based practices (EBP) of individual projects that may contribute to other worthwhile goals.
Involves using current based practices or intervention for which there is
consistent and solid scientific evidence of success.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 21

Learning assessment Essay
Identification 1. Discuss the nature and concept of collaborative justice.
1. Also known as punitive justice, is a theory of punishment
that when an offender breaks the law, justice requires that
they suffer in return, and that the response to a crime is
proportional to the offence.
When an offender breaks the law he or she hereby forfeits
or suspends his or her rights to something equal in value
and justice requires that his forfeits be enacted.
2. It is an international organization that provides education 2. Give the significance of research for the future of corrections.
and training for community corrections practitioners and
supervisors. APPA establishes standards in all areas of
community supervision, including restitution, electronic
monitoring, pretrial, conditional early release and issues
related to prisons.
3. It is Sometimes called reparative justice is an approach to
justice that focuses on the needs of the victims and the
offenders, as well as the involved community, instead of 3. Discuss the importance of collaboration with the community for the success of
correctional programs.
satisfying abstract legal principles or punishing the offender.
4. It is a unique and a promising approach to criminal justice
that seeks to work toward the more effective resolution of
corrections problem rather than relaying on single agencies
to solve their respective are problems are systematic and
require a coordinated and collaborative response to the
most pressing issues facing our justice system today.
4. Differentiate retributive justice from restorative justice.
5. Involves using current based practices or intervention for
which there is consistent and solid scientific evidence of
success. Integrating into everyday practices the correctional
programs and techniques that have been shown to be most
effective with offender using evaluation results from
systematically evaluated research studies. EBP is not based
on intuition, speculations or traditions rather, EBP is 5. based on your own perception, what is the future of correction?
grounded in empirical data and research in studying what
works. The idea behind EBP in corrections is that agencies
use only the most successful programs.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 22

MODULE 1: INTRODUCTION TO CRIMINOLOGY 23
 6. Omnibus Election Code of the Philippines (Batas Pambansa Blg.881) Or impose community service in lieu of imprisonment. In case of probation, the supervision
disqualification for probation even the penalty of imprisonment is within the and rehabilitative surveillance shall be undertaken by the Board through the DOH in
coverage of PD No. 968. coordination with the Board of Pardons and Parole and the Probation Administration. Upon
“Section 264. Penalties – Any person found guilty of any election compliance with the conditions of the probation, the Board shall submit a written report to
the court recommending termination of probation and a final discharge of the probationer,
offense under this code shall be punished with imprisonment of not less than one
whereupon the court shall issue such an order.
year but not more than six years and shall not be subject for probation.” The community service shall be complied with under conditions, time and place as may
7. Wage Rationalization Act (REPUBLIC ACT NO. 6727) be determined by the court in its discretion and upon the recommendation of the Board and
“ Section 12. Any person, corporation, trust, firm, partnership, shall apply only to violators of Section 15 of this rehabilitative surveillance of the Board during
association or entity which refuses or fails to pay any of the prescribed increase the period required by the court. Thereafter, the Board shall render a report on the matter of
or adjustments in the wage rates made in accordance with this Act shall be compliance of said community service. The court in its discretion may require extension of
punished by a fine of not less than twenty five thousand pesos (25,000php) nor community service or order of final discharge.
more than one hundred thousand pesos (100,000php) or imprisonment of not In both cases, the judicial records shall covered by the provisions of Section 60 and 64
less than two years nor more than four years, or both such fine and of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent in
imprisonment at the discretion of the court: Provided, that any person convicted
the center by the accused during the suspended sentence period shall be deducted from the
under this Act shall not be entitled to the benefits provided for under the sentence to be served.”
Probation Law.” IMPLIED APPLICABILITY OF THE PROBATION LAW
8. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) 11.Optical Media Act of 2003 (RA 9239) repealed PD 1987 or An Act Creating the
“ Section 24. Non – Applicability of the Probation Law for Drug Videogram Regulatory Board.
Traffickers and Pushers – Any person convicted for drug Trafficking and pushing
under this Act, regardless of the penalty imposed by the court, cannot avail of There is an express provision under PD1987 that the probation law shall not apply
the privilege granted by the Probation Law or Presidential decree No. 968, as in case of its violations. However under RA 9239, there is no longer a provision that clearly
amended.” However, Section 57 and 70 of RA 9165 requires the applicability of excludes the application of the Probation Law in case of its violations. Hence, since the latter
the Probation Law law is more favorable to the convict and applying the purpose and intention of the Probation
9. Probation and Community Service Under the Voluntary Submission Program Law, persons who are convicted for violating this law shall be allow to be placed on probation.
2. “Section 57. Probation and Community Program Under the Voluntary
B. THE PURPOSE OF THE PHILIPPINE PROBATION LAW:
Submission Program – A drug dependent who is discharged as rehabilitated by 1. Promote the correction and rehabilitation by providing the offender with individualized
the DOH-accredited Center through the voluntary submission program, but does treatment;
not qualify for exemption from criminal liability under Section 55 of this Act, may 2. Provide an opportunity for the reformation of an offender which might be less probable if
be charged under the provisions of this Act, but shall be placed on probation and he were to serve a prison sentence; and
undergo a community service in lieu of imprisonment and/or fine in the 3. Prevent the commission of offenses ( Section 2, PD 968)
discretion of the court, without prejudice to the outcome of any pending case
filed in the court. Such drug dependent shall undergo community service as part OTHER PURPOSES:
of his/her after-care and follow-up program, which may be done in coordination A. To establish a more enlightened and humane correctional systems that will promote the
with non-governmental civic organization accredited by DSWD, with the reformation of offenders and thereby reduce the incidence of recidivism:
recommendation of the Board.” and
B. To avoid confinement of all offenders in prisons and other institutions for rehabilitation
10. Probation and Community Service for a First- Time Minor Offender in
that surely constitutes an onerous drain on the financial resources of the government
lieu of Imprisonment. NOTES:
“Section 70. Probation or Community Service for a First – Time Minor
 As an individualize and community-based treatment- Probation created a
Offender in lieu of Imprisonment – Upon promulgation of the sentence, the court
relationship between the probationer and a probation officer, the latter exercising
may, in its discretion, place the accused under probation, even if the sentence supervision over the former.
provided under this Act is higher than that provided under existing law on
probation,
MODULE 1: INTRODUCTION TO CRIMINOLOGY 24
  Probation supervision implies a systematic guidance and assistance of the 8. Supervision, guidance and assistance by the Probation officer over the
probation officer for personalized treatment of the probationer. This probationer.
constitutes the probationary treatment.
 As an opportunity for reformation. Express the concept of probation as BASIC GUIDELINES FOR
an opportunity for reformation.
 To prevent the commission of offense- Probation is an alternative to
incarceration. It’s represents an enlightened and humane correction
system.

C. Advantage of Probation
1. It prevents crime by giving freedom and rehabilitation only to those convict
who are likely to re-commit violation to penal laws.
2. It protects the society by placing the probationer under supervision of
probation officer.
3. It conforms to the concept of restorative justice.
4. It gives another chance in life and provides opportunity to be rehabilitated to
the penitent convict.
5. It prevents first time convict to become hardened criminal.
6. More economical or less costly on the part of the government.
7. Provides solutions of overcrowded jail and prison facilities.
8. It restores successful probationers his civil rights.
9. It makes the probationer a taxpayer instead of tax eater.

D. Statutory Attributes of Philippine Probation System

Philippine Probation system has at least three (3) important characteristics;
1. IT IS A ‘’ ONCE IN A LIFETIME AFFAIR’’
2. SELECTIVE APPLICATION
3. PERSONS UNDER PROBATION RETAIN THEIR CIVIL RIGHTS.
ANOTHER CHARACTERISTIC OF PHILIPPINE PROBATION

1. The suspension of the execution of sentence is conditional.

2. Conditions of probation to be imposed by the court to protect public
safety and to foster the rehabilitation and reformation of the
probationer.
3. Jurisdiction of the court is continuing in character.
4. Post sentence investigation report is mandatory.
5. Supervision, guidance and assistance by the Probation Officer over
the probationer.
6. Jurisdiction of the court is continuing in character.
7. Post Sentence Investigation Report Is Mandatory.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 25

The term criminologist is one who has been engaged in the practice of criminology In both cases, the instrumentation is involved. Instrumentation is the
and if he holds himself out to the public in any of the following capacities: application of instruments and methods of criminalistics to the detection of crime.
1. As a professor, instructor or teacher in criminology in any university, college It is the sum total of the application of all sciences in crime detection, otherwise
or school duly recognized by the government and teaches any of the known as Criminalistics although instrumentation means more than criminalistics
following: because it includes all technical methods by which the fugitives may be traced,
a. Law Enforcement identified and examined.
b. Criminalistics
c. Correctional Administration 1.1. Chemistry
d. Criminal Sociology and Applied Subjects The original name of Criminalistics is Forensic Chemistry which shows the
e. Other technical and specialized subjects in criminology curriculum significant role of the chemist in the field of criminalistics. A chemist
provided by the Department of Education, Culture and Sports (DECS) now includes the following exertions, but not limited to, alcohol analysis,
Commission on Higher Education (CHED). toxicology, narcotics and substance abuse testing, firearms discharge
2. As a law enforcement administrator, executive, adviser, consultant or agent in residues, identification of paint chips, chemical development of latent
any government or private agency. fingerprints and all types of analysis through the use of chemical reagents
3. As technician in dactyloscopy, ballistics, questioned document, police and electronic instruments.
photography, lie detection (polygraphy), forensic chemistry, and other aspects 1.2. Physics
of crime detection. The duties of a physicist in a crime laboratory include, but are not limited
4. As a correctional administrator, executive, supervisor, worker or officer in any to firearms identification, tool mark comparison, scientific photography,
correctional and penal institution. finding out the speed and direction of vehicles in case of traffic or
5. As a counselor, expert, adviser, researcher in any government or private vehicular accidents, and use of X-Rays in the detection of crime.
agency or any aspect of criminal research or project involving the causes of 1.3. Biology
crime, juvenile delinquency, treatment of offenders, police operations, law Biology is the study of living things; it studies the origin, history, physical
enforcement administration, scientific criminal investigation or public welfare characteristics, life process, habits, and the like of plants and animals. A
administration. biologist in a police laboratory studies all kinds of living things –blood,
semen, urine, hairs, and skin; particularly skilled in the use of microscope.
Criminalist is a person trained in forensic sciences; in the application of The most important role of a biologist in criminalistics is to examine
instruments and methods for the detection of crime. Pieces of physical evidence bloodstains in order to find out if they are of human or animal origin.
are variable. Some are visible; some are very small and have to be looked into
through a microscope. Some must be tested with the application of chemicals in 1. Technical
order to find out what they are. Some pieces of physical evidence such as latent 2.1. Firearms identification
prints are no visible and have to be dusted with powders or examined and It deals with the study regarding comparison and identification
searched with special lights to visualize them. Hence, the aforesaid is tedious work of weapons (firearms) alleged to have been used in the
of a criminalist. commission of crime. It is sometimes wrongly called Ballistics;
ballistics is a branch of engineering that deals with the study of
Division of Criminalistics the art of throwing missiles by means of a machine. It also deals
There are six divisions of Criminalistics. The first three belong to Scientific and the with the study of motion of projectiles in flight. In effect,
other three are Technical. The following are: ballistics engineers are concerned with the design of weapons
2. Scientific and projectiles.
The scientific subjects require the study of science and mathematics before
practical training in the laboratory while technical subjects are usually learned
directly by practical training in the laboratory thru the supervision of an

MODULE 1: INTRODUCTION TO CRIMINOLOGY 26

 A firearm examiner on the other hand, is concerned with the Undeniably, it is an indispensable method in the field of
findings of whether a bullet or cartridge was fired from one and the same criminalistics; hence, photography cannot be separated from the
firearm alleged to have been used in the commission of a crime. It also criminalistics because every criminalist should know how to photograph
tries to find out how far was the suspect when he (suspect) shot his evidence. Special photography in criminalistics includes micro
victim. Firearms examiner can help the investigator to identify the make, photography, macro photography, infrared, ultra-violet and special light
model, and kind of weapon used by the perpetrator in the commission of procedures.
a crime and the pathologist to decide how the weapon was held when it
fired at the victim. 2.2. Lie Detection or Polygraphy
This is one of the methods in crime detection. Through polygraphy
2.3. Questioned Document Examination machine, it uses test or questioning of individual (suspect) for the
This technical division of criminalistics is concerned with the examination purpose of detecting deception or verifying truth of statements through a
of forged, altered, or suspected papers, in order to determine if they are visual, permanent and simultaneous recording of a person’s cardio-
genuine or not, that is, the tenor or substance on the face of the vascular and respiratory pattern. Polygraphy machine merely measures
documents has been changed in any way, that it prejudices the rights of certain identifiable physical reactions as affecting the respiratory rate,
others. Document examiner, therefore, develops latent writing and blood pressure/pulse rate and galvanic skin resistance, in connection with
reveals erasures, alterations, intercalations and changes; compares ink, the application of a reliable questioning technique for diagnosing
typewriting and printed material of all kinds of questioned and standard deceptions. However, its validity is still contested in court because of
documents through the use of ultra-violet, infrared, transparent, and controversies regarding the accuracy of the test. Accordingly, its test
sloping light, as well as advanced photography. result is 96% accurate, but what the court requires in criminal cases is
proof beyond reasonable doubt which is equivalent to 100%.
Questioned document examination should not be mixed up with the term
and practice of Graphology or Handwriting analysis. Graphology aims to Schools of Thought in Criminology
determine a person’s characteristics, traits and personality by the way a A. Classical School
person writes his/her letters and shapes of words. The classical school was developed in the mid-18 th century and was based
on Utilitarianism. The classical theorists are:
2.4. Fingerprint Identification 1. Cesare, Marquis of Beccaria-Bonesana (March 15, 1738-November 28,
Fingerprint identification is the cornerstone of Personal Identification. 1794) was an Italian philosopher and politician. He was known on his essay
The system is based on the undisputed fact that after so many studies entitled: Crimes and Punishments (1763-64) which condemned torture and
and research, “No two persons have the same Fingerprint”, or “The death penalty and was founding work in the field of criminology.
Principle of Individuality”. Fingerprint is a positive proof wherein law Essay on Crimes and Punishments is a seminal treatise on legal reform
enforcement agencies look upon the science as the best evidence of and widely considered as one of the founding texts of Classical Criminology,
positive identification. Fingerprint identification can aid the police proposing many reforms to the criminal justice system which we now take
investigator in identifying persons in custody, and when it is found at the for granted, in particular:
crime scene. It can also help to identify and locate the perpetrator by a. The prompt administration of clearly prescribed and consistent
means of examining and comparing every minute detail of fingerprint punishments;
lifted o developed from the crime scene that of the suspect’s fingerprint. b. Well-publicized laws made by the legislature rather than
3. Others individual courts or judges;
3.1. Photography c. The abolition of torture in prisons; and
Photography serves as an aid to firearms examination, questioned d. The use of the penal system to deter would-be-offenders, rather
document examination, and fingerprint examination. than simply punishing those convicted.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 27

 It is one of the earliest and most famous works against death I. Cesare Lombroso, born Ezechia Marco Lombroso (November 6, 1836- October
penalty. The main reason put forward against that measure is that the 19, 1909) was an Italian criminologist and founder of the Italian School of
State, by putting people to death, was committing a crime to punish Positivist Criminology. Lombroso rejected the established Classical School,
another one. It also advocated a substantial difference between crime which held that crime was a characteristic trait of human nature. Instead
and sin, and was for this reason put in the List of Banished Books by the using concepts drawn from physiognomy, early eugenics, psychiatry and
Catholic Church in 1766. Social Darwinism, Lombroso’s theory of anthropological criminology
The work had great success in the whole Europe, especially in essentially stated that criminality was inherited, and that someone “born
France and at the court of Catherin II of Russia. The judiciary reform and criminal” could be identified by physical defects, which confirmed as savage,
advocated by Beccaria led to the abolition of death punishment in the or atavistic.
Grand Duchy of Tuscany, the first Italian state taking this measure.
Cesare Lombroso, an Italian prison doctor working in the late 19 th century and
2. Jeremy Bentham (26 February [O.S. 15 February 15] 1748) was an English sometimes regarded as the “Father of Criminology”, was one of the largest
jurist, philosopher, and legal and social reformer. He was a political radical contributors to biological positivism. Lombroso took a scientific approach,
and a leading theorist in Anglo-American philosophy of law. He is best known insisting on empirical evidence, for studying crime.
as an early advocate of utilitarianism and fair treatment of animals that
influenced the development of liberalism. He invented the panopticon prison Also, he was considered as the founder of criminal anthropology, who
design, and other classical school philosophers argued the following: suggested that physiological traits such as the measurements of one’s cheek
a. People have free will to choose how to act; bones or hairline, or a cleft palate, considered to be throwbacks to Neanderthal
b. Deterrence is based upon the utilitarianism ontological notion of the man, are indicative of “atavistic” criminal tendencies. This approach, influenced
human being as a “hedonist” who seeks pleasure and avoids pain, and a by the earlier theory of phrenology and by Charles Darwin and his theory of
“rational calculator” weighing up the costs and benefits of the Evolution, has been suspect6ed, but more modern research examines genetic
consequences of each action. Thus, it ignores the possibility of characteristics and chemistry of nutrition to determine whether there is an
irrationality and unconscious drives as motivational factors; effect on violent behavior.
c. Punishment (of sufficient severity) can deter people from crime, as the
costs (penalties) outweigh benefits, and that severity of punishment Three types of criminal according to Lombroso:
should be proportionate to the crime; and 1. Atavistic –these criminals are those considered as born criminals.
d. The more swift and certain the punishment, the more effective it is in
deterring criminal behavior. The Classical School of thought came about 2. Insane Criminal –this refers to people who became criminals due to
at a time when major reform in penology occurred, with prisons alcoholism, kleptomaniacs, nymphomaniacs, and child molesters.
developed as a form of punishment. Also, this period saw many legal Although insane criminals bore some stigmata, they were not “born
reforms, the French Revolution, and the development of the legal system criminals”; rather, become criminal as a result “of an alteration of the
in the United States. brain, which completely upsets their moral nature.
B. Positivist School
The Positivist School presumed that criminal behavior is caused by internal 3. Criminaloid –these criminals refer to those categorized as “habitual
(subjective or nature) and external (objective or nurtured) factors outside of criminals”, who become so by contact with other criminals, the abuse of
the individual’s control. The scientific method was introduced and applied to alcohol, or other “distressing circumstances”. This category included
study human behavior. Positivism can be broken up into three segments “juridical criminals”, who fall afoul of the law by accident; and the
which include biological, psychological and social positivism. Positivist “criminal by passion”, hot-headed and impulsive who commit violent
theorists are Cesare Lombroso, Enrico Ferri, and Raffaele Garofolo: acts when provoked.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 28

Cesar Lombroso (The Criminal Man, 1876) -conducted an autopsy and identified
various physical stigmata; hence, Lombroso concluded that those identified
numbers of physical stigmata were indicative of the born or atavistic criminal. 3. With successive years of study, discussion, and contact with critics, he
modified his theory and method. He included all kinds of social, economic,
Stigmata Related to an Atavistic Criminal are: and environmental data. Through it all, he always, attempted to be:
1. Deviation in head size and shape from type common to race and region a. Objective, in method, often statistical;
from which the criminal came; b. Positive in the scene of deterministic; and
2. Asymmetry of the face; c. Faithful to the basic idea of cause as a chain of interrelated events, not
3. Eye defects and peculiarities; more familiar and popular of self-determinism of human behavior, to
4. Excessive dimensions of the jaw and cheekbones; say nothing of the demonistic.
5. Ears of unusual size, or occasionally very small, or standing out from the
head as those of a chimpanzee; II. Enrico Ferri, a student of Lombroso, believed that social as well as biological
6. Nose twisted, upturned, or flattened in thieves, or aquiline or beak like in factors played a role, and held the view that criminals should not be held
murdered, or with a tip rising like a peak from swollen nostrils; responsible, for factors causing their criminality were beyond their control.
7. Lips fleshy, swollen, and protruding; Lombroso’s biological theories have since been rejected by criminologists,
8. Pouches in the cheek like those of some animals; with control groups not used in his studies.
9. Peculiarities in the plate, such as are found in reptiles, and cleft palate;
10. Chin preceding, or excessively long, or short and flat, as in apes; III. Raffaele Garofalo, (1851-1934) was an Italian jurist and a student of Cesar
11. Abnormal dentition; Lombroso. He rejected the doctrine of free will and supported the position
12. Abundance, variety, and precocity of wrinkles; that crime can be understood only if it is studied by scientific methods. He
13. Anomalies of the hair, marked by characteristics of the opposite sex; attempted to formulate a sociological definition of crime that would
14. Defects of the thorax, such as too many or too few ribs, or supernumerary designate those acts which can be repressed by punishment. These
nipples; constituted “Natural Crime” and were considered offenses violating the
15. Inversion of sex characters in the pelvic organs; two basic altruistic sentiments to all people, namely, probity and pity. Crime
16. Excessive length of arms; is an immoral act that is injurious to society. This was more of psychological
17. Supernumerary fingers and toes; and orientation than Lombroso’s physical-type anthropology.
18. Imbalance of the hemisphere of the brain (asymmetry of the cranium).
Garafolo’s law of adaptation followed the biological principle of Darwin in terms of
Summary of Lombroso’s work: adoption and the elimination of those unable to adopt in a kind of social natural
1. He consistently emphasized the need for direct study of the individual, selection. Consequently, he suggested the following:
utilizing measurements and statistical methods in anthropological, social, 1. Death for those whose criminal acts grew out of a permanent psychological
and economic data. anomaly, rendering them incapable of social life;
2. He began with the basic assumption of biological nature of human 2. Partial elimination or long-time imprisonment for those fit only for the life
character and behavior. of nomadic hordes or primitive tribes; and
a. He first conceived of the criminal as a throwback to a more primitive 3. Enforced reparation on the part of those who lack altruistic sentiments, but
type of brain structure, and therefore, of behavior; who have committed their crimes under the pressure of exceptional
b. He later modified this to include degeneracy of defectiveness; and circumstances are not likely to do so again.
c. He never claimed that the born criminal constituted more than 40%
probably less, only about 1/3 of the total criminal population.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 29

Classical vs. Positivist Note: The Chicago School is still considered as an offshoot of Positivist School since
Point Classical School Positive School its concept as to crime causation is still within the framework of external factor
Focus The focus is the crime or the The focus is the man not the particularly social positivism. Hence, Classical and Positivists Schools are the only
criminal act not the man. crime committed. two theoretical foundations of criminology.
View of Human Hedonistic; free will
Malleable; determined by
Nature rationality, morally
biological, psychological, Significant contributors in the field of Criminology
responsible for own and social environment; no
behavior. moral responsibility. 1. Adolphe Quetelet –he made use of data and statistical analysis to gain
View of Justice Social contract; exist to Scientific treatment system insight into the relationship between crime and sociological factors. He
System protect society; due process to cure pathologies and found out that age, gender, poverty, education, and alcohol consumption
and concern with civil rehabilitate offenders. No were important factors related to crime.
rights; restriction on system.concern with civil rights. 2. Rawson W. Rawson –he utilized crime statistics to suggest a link between
Form of Law Statutory law; exactSocial law; illegal acts population density and crime rates, with crowded cities creating an
specialization of illegal actsdefined by analogy; environment conducive to crime. Joseph Fletcher and John Glyde also
and sanctions. scientific experts determine presented their research papers on crime and its distribution to the
social harm and proper Statistical Society of London.
form of treatment. 3. Henry Mayhew –he used empirical methods and an ethnographic
Purpose of Punishment for deterrence; Treatment and reform; approach to address social questions and poverty, and presented his
Sentencing sentences are determinate sentences are studies in London Labour and the London Poor.
(fixed length). indeterminate (variable 4. Emile Durkheim –he viewed crime as an inevitable aspect of society, with
length until cured). uneven distribution of wealth and other differences among people.
Criminological Philosophers; social Scientists; treatment 5. Alphonse Bertillon –a French law enforcement officer and biometric
Experts reformers. experts. researcher, who creatd anthropometry –an identification system based
Age of Existence Both schools existed during the Age of Enlightenment on physical measurements. Anthropometry was the first scientific system
police used to identify criminals. The method was eventually supplanted
C. Chicago School by Dactyloscopy.
The Chicago School arose in the early twentieth century, through the work of 6. Sir Alec John Jeffereys (in criminalistics) –a fellow of the Royal Society
Robert Ezra Park, Ernest Burgess, and other urban sociologists at University of (FRS), a british Geneticist, who developed techniques for
Chicago. In the 1920’s, Park and Burgess identified five concentric zones that often Deoxyribonucleic Acid (DNA) fingerprinting and DNA profiling.
exist as cities grow, including the “zone in transition” which was identified as most 7. Willem Adrian Bonger –a Dutch criminologist, who believed in a causal
volatile and subject to disorder. In the 1940’s, Henry McKay and Clifford R. Shaw link between crime and economic and social conditions. He assured that
focused on juvenile delinquents, finding that they were concentrated in the zone crime is social in origin and a normal response to prevailing cultural
of transition. conditions. In more primitive societies, he connected that survival
requires more selfless altruism within the community.
Chicago School sociologists adopted a social ecology approach to studying 8. Abrahamsen –he explained the causes of crime in his Crime and the
cities, and postulated that urban neighborhoods with high level of poverty often Human Mind (1945) through this formula (CB = CT + Including situation
experience breakdown in the social structure and instructions such as family and /PMRT). That is, Criminal Behavior equals Criminalistics Tendency plus
schools. This results in social disorganization, which reduces the ability of these Including situation divided by the Person’s Mental or environmental
institutions to control behavior and create an environment ripe for deviant Resistance to Temptation.
behavior.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 30

Learning Assessment 7. Criminology changes as social condition changes. It is concomitant with the
advancement of other science that has been applied to it. The statement
Multiple Choice: Select the best answer by encircling the letter that corresponds means that criminology is:
to the given question. A. An Applied Science C. A Social Science
1. Criminology is derived from the Latin word crimen, which means: B. Dynamic D. Nationalistic
A. crime C. Accusation
B. Violation of law D. Study of criminals 8. This division of criminology attempts to offer scientific analysis on the
conditions under which penal or criminal laws are being developed as a
2. He stated that Criminology includes the study of Sociology of Laws, Etiology of process of formal social control.
Crimes, and Penology. A. Criminal Etiology C. Sociology of Law
A. Cesare Lombroso C. Cesare Beccaria B. Penology D. Any of the above
B. Raffaela Garofalo D. Edwin Sutherland
9. This refers to the system used by a government to maintain social control,
3. Criminology is the scientific study of crime, criminals, and criminal behavior prevent crime, enforce laws, and administer justice.
while Criminologists scientifically study the following except: A. Five Pillars C. Criminal Laws
A. the nature and extent of criminal B. Criminal Justice D. All of the above
B. patterns of criminality
C. explanations and causes of crime and criminal behavior Identification: Write your answer on the space provided before each number.
D. the control of crime and criminal behavior Identify the answer that corresponds to each question. Avoid erasures.
__________________1. Things he (suspect/accused) used in the commission of
4. The French anthropologist Paul Topinard used Criminology for the first time in crime or something he left in the crime scene which
French; thus, the French word of Criminology is: is the object of Criminalistics is known as:
A. Criminologie C. Criminologia __________________2. A person who is trained in forensic sciences and in the
B. Crimenalogy D. Crimenology application of scientific instruments and methods for
the detection of crime is known as:
5. The word Criminologist was recorded in the year: __________________3. Biology is under the scientific division of Criminalistics
A. 1857 C. 1587 while Fingerprint Identification is under what
B. 1758 D. 1785 division?
__________________4. This refers to the application of instruments and methods
6. This refers to the effort to come up with formal, systematic, logical, and of Criminalistics to the detection of crime. It is the
mathematical ways in which theories are constructed. sum total of the application of all sciences in crime
A. Theory Building C. Theory Creation detection, otherwise known as Criminalistics.
B. Theory Construction D. Any of the above __________________5. The Classical School was developed in the mid-18 th
century and it was based on what philosophy?
7. This refers to the effort to figure out the implications of a theory, what other __________________6. Born Criminals are those of a kind of criminals as
variables might be added to the theory; also associated with the belief that mentioned by Cesare Lombroso which he called as
theory competition is better than theoretical integration. Atavists. If you too believe in his Atavism principle,
A. Theoretical Elaboration C. Theoretical Specification then you consider that being a criminal or having a
B. Theoretical Integration D. Theoretical Variable criminal behavior is Nurtured or Nature?

MODULE 1: INTRODUCTION TO CRIMINOLOGY 31

__________________7. He is the one who emphasized that people commit crime 2. The Classical and Positivist Schools were both established during the Age
on the basis of Free Will. of Enlightenment or Age of Change. The Age was called as such because
__________________8. Some theorists in the field of criminology assert that people during that time used reasoning to solve or answer the occurring
people commit crime because they learn it in their problems in the society. What are the other distinctions of the two
respective environment in various means. Thus, the schools? Explain each distinction. (20pts.)
statement entails that criminals are nurtured. Yes or ___________________________________________________________________
No. ___________________________________________________________________
__________________9. According to Cesare Lombroso, people commit crime due ___________________________________________________________________
to Internal and External factors. Hence, granting that ___________________________________________________________________
the concept of Chicago School is correct, which ___________________________________________________________________
factor (internal or external) would it (Chicago ___________________________________________________________________
School) fit? ___________________________________________________________________
__________________10. The crime and punishment written by Cesare Beccaria is ___________________________________________________________________
a book. Yes or No. What kind of printed material? ___________________________________________________________________
___________________________________________________________________
FINAL TASK ___________________________________________________________________
Essay: Answer the questions given below in not less than 5 sentences. ___________________________________________________________________
___________________________________________________________________
1. If poverty is eliminated from the society and people are financially capable ___________________________________________________________________
through the support of the government, do you think crime will no longer ___________________________________________________________________
happen? Yes or No. Explain briefly your answer. (10pts.) ___________________________________________________________________
___________________________________________________________________ ___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

MODULE 1: INTRODUCTION TO CRIMINOLOGY 32

Lesson 2: Sociology of Law 3. Divine Law –are those rules enshrined in the Holy Book. For the
Christians, they called it Bible. Hence, Christians have their Ten
This is the first division of criminology which attempts to offer scientific Commandments. However, Divine laws vary depending on the religious
analysis of the conditions under which penal or criminal laws are developed as a denomination each person belongs to, since the world is composed of
process of formal social control. various religious convictions.

Sociology of law refers to both a sub-discipline of sociology and an General types of Crimes
approach within the field of legal studies. Sociology of law is a diverse field of Both the Positivist and Classical Schools take a consensus view of crime –that
study, which examines the interaction of law with other aspects of society: such as a crime is an act that violates the basic values and beliefs of society. Those values
the effect of legal institutions, doctrines, and practices on other social phenomena and beliefs are manifested as laws that society agrees upon. The general types of
and vice versa. Some of its areas of inquiry include the social development of legal crimes are as follows:
institutions, the social construction of legal issues, and the relation of law to social 1. Blue-Collar Crime
change. Sociology of law overlaps with jurisprudence, economic analysis of law Blue-collar crime is any time committed by any individual from a lower social
and more specialized subjects such as criminology. class as opposed to white-collar crime which is associated with crimes
committed by individuals of a higher social class.
General Types of Law 2. Corporate Crime
In general, there are three types of law and they are as follows: Corporate crime refers to crime either by a corporation (i.e., a business entity
1. Natural Law –are rooted in core values shared by many cultures. Natural having a separate legal personality from the natural persons that mange its
laws protect against harm to persons (e.g. murder, rape, assault) or activities, or by individuals that may be identified with a corporation or other
property (theft, larceny, robbery), and form the basis of common law business entity.
system. In the Philippine setting, Natural Laws, therefore, are those 3. Organized Crime or Criminal Organization
crimes contained in the Revised Penal Code (RPC) which is called mala These are groups or operations run by criminals, most commonly for the
inse. purpose of generating a monetary profit. The organized crime control act
(U.S., 1970) defines organized crime as ‘The unlawful activities of highly
2. Statutory Laws –are enacted by legislatures and reflect current cultural organized, disciplined association…”
mores, albeit some laws may be controversial, e.g. laws that prohibit Some criminal organizations such as terrorist organizations, are politically
marijuana use and gambling. Marxist Criminology, Conflict Criminology motivated. Gangs sometimes become “disciplined” enough to be considered
and Critical Criminology claim that most relationships between State and “organized”. An organized gang or criminal set can also be referred to as a
citizen are non-consensual and, as such, criminal law is not necessarily mob. Organized crime, however defined, is characterized by a few basic
representative of public beliefs and wishes; it is exercised in the interests qualities, including durability over time, diversified interests, hierarchical
of the ruling or dominant class. The more right wing criminologists tend structure, capital accumulation, reinvestment, access to political protection
to posit that there is a consensual social contract between State and and the use of violence to protect interests.
citizen. In the Philippine setting, Statutory Laws are those penal laws 4. Political Crime
created by the Congress (House of Representatives and Senate) which is Political Crime is one involving over acts or omissions (where there is a duty to
called mala prohibita. act), which prejudice the interests of the state, its government or the political
system. It is to be distinguished from state crime when it is the state that
Therefore, definitions of crime will vary from place to place, in breaks both their own criminal laws and/or public international law. Political
accordance with the cultural norms and mores, but may be broadly Crime refers to ant behavior perceived as a threat, real or imagined, to the
classified as blue-collar crime, corporate crime, organized crime, political state’s survival including both violent and non-violent oppositional crimes.
crime, order crime, state crime, state-corporate crime, and white-collar
crime.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 33

5. Public Order Crime Theorists then identified the state as the “victim” in victimless crimes.
Public Order Crime involves acts that interfere with the operations of society 7. State-Corporate Crime
and the ability of people to function efficiently, (i.e. it is a behavior that has State-Corporate crime or incorporated governance refers to crimes that
been labeled criminal because it is contrary to shared norms, social values, resulted from the relationship between the policies of the state and the
and customs. Public Order Crime should be distinguished from Political Crime. policies and practices of commercial corporations. This definition was
In the former, although the identity of the “victim” may be indirect and intended to include all “socially injurious acts” and not merely those that are
sometimes diffuse, it is cumulatively the community that suffers, whereas in a defined by the local criminal jurisdiction as crime. This is not universally
political crime, the state perceives itself to be the victim and criminalizes the accepted as a valid definition so a less contentious version has been adopted
behavior it considers threatening. Thus, Public Order Crime includes here. As an academic classification, it is distinguished from:
consensual crime, victimless vice, and victimless crime. It asserts the need to a. Corporate crime, which deviance within the context of corporation
use that law to maintain order both in the legal and moral sense. and by a corporation;
Public Order Crime is now the preferred term as against the use of the words b. Political crime, which is crime directed at the state; and
“victimless” based on the idea that there are secondary victims (family, c. State crime or “state-organized crime”, which studies crimes
friends, acquaintances, and society at large) that can be identifies. committed by government organizations.

The applications of victimless crime are the following: 8. White-Collar Crime

a. A victimless crime may be one in which the victim is the accused. White-Collar Crime or “Incorporated Governance” has been defines by Edwin
b. In common usage, victimless crime refers to behavior that is illegal but Sutherland”…as a crime committed by a person of respectability and high
which is claimed to not violate or threaten the rights of anyone and may be social status in the course of his occupation.” Sutherland was proponent of
associated with the implication that the behavior should, therefore, not be Symbolic Interactionism, and believed that criminal behavior was learned
illegal. from interpersonal interaction with others. White-Collar Crime therefore
c. Victimless crime is now termed Public Order Crime. overlaps with corporate crime because the opportunity for fraud, bribery,
d. In law, case law has developed to discuss what used to be termed insider trading, embezzlement, computer crime, and forgery is more available
“victimless’ crime: to white-collar employees.
This class of crime typically applies to adults, and specifically not to minors
who have not yet reached the age of consent, where age of consent is Crime and Criminal Law
relevant. For example, an adult selling drugs or sex to another adult may be
seen as a victimless crime but selling drugs or sex to a minor is not Crime –it is an act committed or omitted in violation of public law forbidding or
victimless, as the minor is not legally able to consent. Debate exists commanding it. Crime could be in the form of:
surrounding how accurately the legal age of consent reflects the true age at a. Felonies –those in violation of the Revised Penal Code.
which individuals are intellectually capable of informed consent. Where b. Offenses –those in violation of statutes.
individuals are mentally capable of informed consent but have not yet c. Misdemeanors –those in violation of ordinances.
reached the legal age of consent, certain crimes may be considered
victimless. Thus, it is logical to say that, “All felonies are crime but not all crimes are felony
6. State Crime because crime could also be in the form of an offense or misdemeanor”
State crime is the activity or failure to act that breaks the state’s own criminal
law or public international law. State refers to those elected and appointed Criminal Law –it is that branch or division of law which defines crimes, treats of
officials, the bureaucracy, and the institutions, bodies and organization their nature, and provides for their punishment.
comprising the apparatus of the government. Initially, the state was the
agency of deterrence, using the threat of punishment as a utilitarian tool to
shape the behavior of its citizens. Then, it became the mediator, interpreting

MODULE 1: INTRODUCTION TO CRIMINOLOGY 34

Sources of Criminal Law are: 3. Crime is essentially a social and natural phenomenon and as such, it cannot be
a. The Revised Penal Code (Act No. 3815) and its amendments. treated and checked by the application of abstract principles of law and
b. Special Penal Laws (statutes) passed by the Philippine Commission, jurisprudence nor by the imposition of punishment fixed and determined a
Philippine Assembly, Philippine Legislature, National Assembly, the priori but rather, through the enforcement of individual measures in each
Congress of the Philippines and the Batasang Pambansa. particular case after a thorough, personal and individual examination
c. Penal Presidential Decrees issued during Martial Law. conducted by a competent body of psychiatrists and social scientists.

Characteristics of Criminal Law are: Brief History of Philippine Criminal Laws

1. Generality –it provides that criminal law is binding on all persons who live Before the Code of Kalantiao was promulgated in 1433, the people of the Pre-
or sojourn in the Philippine territory. Spanish Philippines had a customary and unwritten law. Some of the most striking
2. Territoriality –it states that criminal laws undertake to punish crimes laws promulgated during this period were as follows:
committed within the Philippine territory with the exceptions provided a. Due respects to elders and parents;
under Article two (2) of the Revised Penal Code. b. Strict obedience of children to their parents;
3. Prospectivity –it states that the penal law cannot make an act punishable c. Strict fulfillment of contract; and
in a manner in which it was not punishable when committed (ex post d. Equality of husband and wife both socially and in the control of their
facto law). Thus, crimes are punished under the laws in force at the same property.
time of their commission.
With the promulgation of the Code of Kalantiao, the penal laws were made severe
Theories of Penal Code and extensive. According to the Code, the penalties for felonies and other
The old Penal Code, which is at present known as the Revised Penal Code was misdemeanor were:
based on the two prominent suppositions, namely: Classical and Positivist a. Death,
theories. b. Incineration,
Classical viewpoints are as follows: c. Mutilation of fingers,
1. The foremost principle of the penal code is that the basis of criminal d. Slavery, flagellation,
liability is human freewill and the purpose of the penalty is retribution. e. Being bitten by ants,
2. To the classical, and the framers of the Old Penal Code, mas was f. Swimming under water for a time and other disciplinary penalties.
essentially a moral creature absolutely having a freewill to choose
between good and evil, thereby placing more stress upon the effect or The code likewise provided severe punishment for men who were cruel to their
result of the felonious act than upon the man, the criminal himself. wives. Husbands who maltreated innocent wives were sentenced to death.
3. They assert that man should only be adjusted and held accountable for Adultery, as well as the contracting of marriage to very young girls was severely
wrongful acts so long as freewill appears unimpaired. punished.
4. It has endeavored to establish a mechanical and direct proportion
between crime and penalty. Felony as a Crime
Positivist viewpoints are as follows: Felony –is an act or omission punishable by law specifically the Revised Penal
1. The classical method considers the offender as an abstract being, and of Code. Felony is committed not only by means of fault (culpa) but also by means of
prefixing for him, through a series of hard and fast rules, a great deceit (dolo) (Art. 3, RPC).
multitude of penalties with scant regard to the human element. Classifications of Felonies are the following:
2. The positivist principle deviates from the classical school in connection 1. As to the manner of commission:
with crime and with the criminal. The positivists holds that man is a. By means of dolo or deceit –when the act was done with deliberate
subdued occasionally by a strange and morbid phenomenon which intent.
constraints a man to do wrong in spite of or contrary to his volition.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 35

 b. By means of culpa or fault –when the wrongful act resulted from Criminological Classifications of Crime are as follows:
imprudence, negligence, lack of foresight or lack of skill. 1. As to the result:
2. As to the stages of commission: a. Acquisitive crime –when the offender acquires something as a
a. Attempted crime –when the offender commenced the commission of the consequence of his criminal act.
felony directly by overacts and does not perform all the acts of execution, b. Extinctive crime –when the end result of a criminal act is destructive.
which could produce the felony by reason of some causes of accident 2. As to the time or period of commission:
other than this own spontaneous desistance. a. Seasonal crime –those committed only during a certain period of the
b. Frustrated crime –when the offender has performed all the acts of year like violation of tax law.
execution, which will produce the felony as a consequence, but which b. Situational crime –those committed only when given the situation
nevertheless, do not produce the felony by reason of causes independent conductive to its commission.
of the will of the perpetrator.
c. Consummated crime –when the elements necessary for its execution and 3. As to the length of time of commission:
accomplishment are all present. a. Instant crime –those committed in the shortest possible time.
3. As to the plurality: b. Episodic crime –those committed by a series of acts in a lengthy
a. Simple Crime –when a single act constituted only one offense. space of time.
b. Complex crime –when a single act constituted two or more grave felonies
or when an offense is a necessary means for committing the other. 4. As to the place or location of the commission:
4. As to the gravity of penalty: a. Static crime –those committed only in one place.
a. Grave Felonies –those to which the law attaches the capital punishment b. Continuing crime –those that can be committed in several places.
or afflictive penalties.
b. Less grave felonies –those which the law punishes with penalties which 5. As to the use of mental faculty:
are set initializes in nature. a. Rational crime –those committed with intent and offenders are in full
c. Light felonies –those infractions of law for the commission of which the possession of their sanity.
penalty of arresto menor of fine not exceeding 200 pesos are imposed. b. Irrational crime –those committed by persons who do not know the
5. As to category: nature and quality of their act on account of the disease of their
a. Crimes against national security and the law of nations. mind.
b. Crimes against the fundamental law of the state.
c. Crimes against public order. 6. As to the social of the offender:
d. Crimes against public interest. a. White-collar crime –those committed by persons of respectability
e. Crimes relative to opium and other prohibited drugs. and upper-socio economic class in the course of their occupation
f. Crimes against public morals. activities.
g. Crimes committed by pubic officers. b. Blue-collar crime –those committed by ordinary professional
h. Crimes against person. criminals to maintain their livelihood.
i. Crimes against liberty and security.
j. Crimes against property. 7. As to the standard of living of the criminals:
k. Crimes against chastity. a. Crime of the upper world –those committed with a high degree of
l. Crimes against the civil status of person. skill.
m. Crimes against honor. b. Crime of the underworld –those committed through limited ability.
n. Quasi-offenses.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 36

Crime scene and Immorality

When does a crime exist?

In the Legal Viewpoint

Crime exists from the moment a person has been proven guilty by the court. The
main objection to this view is that there is a terrific morality of cases between the
times a crime has been reported up to the time a verdict of conviction is made by
the court (Maglinao, G., 2001).

In the Scientific Point of View M I/C

Crime exists the moment it is reported. This is more realistic but not all reported
cases are with sound basis of true happening. Some also are unfound (Maglinao,
G., 2001).
O
The Elements of Crime
Criminological concept posits that crime exists through the presence of:
The Triangle of Crime
1. Motive (M) –Motive refers to the moving power which impels one to act
for a definite result/ motive is different from Intent; Intent refers to the
Note: Crime will not occur if one of the elements is not present.
purpose in using a particular means to affect such result. Intent is an
element of an International felony while motive is not. Motive becomes
Why crime exists?
important only if the identity of the felon has not been clearly established
(Reyes, 2001).
There are crimes because of the existence of law. The Principle of Logomacy
states that, “there is no crime if there is no law punishing it”. Similarly, the Spanish
2. Opportunity (O) –refers to the chance or time given to the offender in
text states, “nullum crimen nulla poena sine lege”. Thus, in order to eliminate
committing the crime.
crime in a certain area it also requires the abolition of law. However, law is a form
of social control and the absence of regulation in the community leads to chaos
3. Instrumentality or Capability (I/C) –Instrumentality refers to the use of
between the people within that area. Furthermore, without a decree to control
materials or other means in the commission of crime while Capability
the people the “Law of the Jungle” will prevail.
speaks of the physical capability of a person to perpetrate a crime. For
example, Pedro, an impotent, cannot be convicted of rape through
The Law of the Jungle speaks about “Survival of the Fittest” or in Tagalog
forcible sexual intercourse since his sexual organ has no capacity to erect;
parlance, “Matira and Matibay”. In the forest, there is no law applicable to control
Pedro is incapable (see below).
those animals which lead to the preying of those weak creatures by those tough
animals. It is, therefore assumed that only the Lion (the king of the Forest) will
survive in the jungle because it can physically outsmart other beings in the jungle.

Between Crime and Sin:

1. Crime is an act or omission against the penal law of a state while Sin is an
act or omission against the spiritual or divine law.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 37

 2. The penalty for the crime is imprisonment or fine or both, or even death Between Criminal and Delinquent
while for a sinner, to Christian believers, is an inferno. A criminal refers to a person who has violated a penal law and has been found
guilty of the crime charged upon observance of the standard judicial procedure
Between Crime and Immorality: while a delinquent is a person who merely committed an act not in conformity
1. Crime is committed against the law of the state while immorality is with the norms of society.
committed against the unwritten social norms in the locality.
2. Crime is fixed by statute, while Immorality is not. General Classifications of Criminal
3. Crime is nationalistic while Immorality is regionalistic. 1. On the basis of etiology:
a. Acute criminals –those who violate law because of the impulsive of the
Why members of society must be concerned with the study of crime? moment, fit of passion or anger or spell of extreme jealousy.
1. Crime is pervasive –almost all members of free society were once upon a b. Chronic criminals –those criminals who act in consonance with deliberate
time a victim or an offender in a criminal act. Crime as an associate of thinking.
society affects almost all people –regardless of age, sex, race, nationality,
religion, financial condition, education and other personal circumstances. 2. On the basis of behavioral system:
2. Crime is expensive –the government and private sector spend enormous a. Ordinary criminals –the lowest form of criminal career. They engage only
amount of money for crime detection, prosecution, correction and on conventional crimes which require limited skill. They lack organization
prevention. Those expenses are either: to avoid arrest and convictions.
a. Direct expenses –those spent by government or private sector for b. Organized Criminals –they have a high degree of organization to enable
the maintenance or the police and security guards for crime them to commit crimes without being detected and committed to
detection, prosecution and judiciary, and support of prison systems. specialized activities which can be operated in large scale business. Force,
b. Indirect expenses –those expenses utilized to prevent the violence, intimidation, and bribery are used to gain and maintain control
commission of crimes like the construction of window grills, fences, over economic activities. Special type of this include various forms of
gates, purchase of door locks, safety vaults, hiring of watchmen, racketeering, control of gambling, prostitution and distribution of
feeding of watchdog, etc. prohibited drugs.
3. Crime destructive –many lives has been lost because of crimes like c. Professional Criminal –they are highly skilled and able to obtain
murder, homicide, and other violent deaths. Property has been lost considerable amount of money without being detected because they are
destroyed on account of robbery, theft and arson. organized and in contact with other professional criminals. These
4. Crime is reflective –crime rate or incidence in a given locality is reflection offenders are always able to escape conviction. They specialized in crime
of the effectiveness of the social defense employed by the people that requires skill, pick-pocketing, shoplifting, theft, counterfeiting and
primarily of the police system. other.
5. Crime is progressive –crime increases in volume on account of the 3. On the basis of activities:
increasing population. The ever increasing crime rate and its technique a. Professional criminals –those who earn their living through criminal
shows the progressive thinking of the society for advancement. activities.
Criminals b. Accidental criminals –those who commit criminal acts as a result of
Criminal, in the legal sense, refers to any person who has been found to have unanticipated circumstances.
committed a wrongful act in the course of the standard judicial process. There c. Habitual Criminals –those who continue to commit criminal acts for such
must be a final verdict of his guilt. diverse reason due to deficiency of intelligence and lack of self-control.
d. Situational criminals –those who are actually not criminals, but
In the criminology sense, a person is already considered as criminal the constantly in trouble with legal authorities because they commit
moment he committed any anti-social act even without conviction. robberies, larcenies, and embezzlements, which are intermixed with
legitimate economic activities.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 38

4. On the basis of mental attitudes: Learning Assessment
a. Active aggressive criminals –those who commit crime in an impulsive
manner, usually due to the aggressive behavior of the offender. Such Multiple Choice: Select the best answer by shading the box that corresponds to
attitude is clearly shown in crimes of passion, revenge and resentments. the given question.
b. Passive inadequate criminals –those who commit crimes because they are 1. This is a division of criminology which attempts to offer scientific analysis of
pushed to it by inducement, by reward or promise without considering its the conditions under which penal or criminal laws are developed as a process
consequences.
c. Socialized delinquent criminals –those who are normal in their behavior,
but merely defective in their socialization processes. To this group belongs
the educated, respectable member of society who may become criminal on
account of the situation they are involved in.

MODULE 1: INTRODUCTION TO CRIMINOLOGY 39

 __________________5. Atty. Bhug Goos, while jogging in front of his house,
killed Elmer by throttling his victim because it was
7. Crime is essentially a social and natural phenomenon on and as such, it cannot the latter who ransacked his (Bhug) house and took
be treated and checked by the application of abstract principles of laws and Bhug’s savings amounting to P500, 000.00. As to
jurisprudence nor by the imposition of punishment fixed and determined a the social status of the offender, what crime did
priori but rather, through the enforcement of individual measure in particular Atty. Bhug Goos commit?
case after a thorough, personal and individual examination conducted by a __________________6. Crime is expensive; those expenses utilized to prevent
competent body of psychiatrists and social scientists. The statement refers to the commission of crimes like the construction of
window grills, fences, gates, purchase of door locks,
safety vaults, hiring of watchmen, feeding of
watchdog, etc. Refers to what kind of government
expenses?
__________________7. Crimes persist; hence many lives have been lost due to
murder, homicide, and other violent deaths.
Property has been lost or destroyed on account of
robbery, theft and arson. Due to these, we must be
concerned with the study of crime. What does the
aforementioned statement infer?
__________________8. Crime exists when it is reported. This point of view as to
existence of crime refers to:
__________________9. Crime rated or incidence in a given locality shows the
effectiveness of the social defenses employed by
the people primarily of the police system. The
statement entails that crime is:
__________________10. Crime increases and their (criminals’) technique shows
their advanced thinking and method in
consummating their criminal designs. The
statement entails that crime is:

MODULE 1: INTRODUCTION TO CRIMINOLOGY 40

Final Task References

Essay: Answer the questions given below in not less than 5 sentences.
Eduardo, Jester P. Essentials of Criminology. Wiseman’s Books Trading, Inc. 2018.
1. Why is law important in our society? Explain your answer. (15pts.)
___________________________________________________________________ Pagoso, Cristobal M., Dinio, Rosemary, Villasis, Goerge. Principles of Economics.
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2. Which do you prefer, a society governed by law/s or a society that is totally

free from control? Explain your answer. (15pts.)
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MODULE 1: INTRODUCTION TO CRIMINOLOGY 41