INTRODUCTION TO CRIMINOLOGY

By: Rodolfo V. Castillo, JR.

Brian B. Guerrero

PREFACE
The dearth of textbook on this important course (Introduction to Criminology) in the
2018 Curriculum of BS Criminology Program impelled these two seasoned
Criminology teachers to collaborate in preparing instructional material thereon.
Consequently, this book is primarily intended as learning and teaching aid for First
Year BS Criminology students and their teachers respectively. Its contents were
based on the course. description provided by the CHED and the Table of
Specification prescribed by the group of experts convened by the Professional
Regulatory Board for Criminologists and the Professional Criminologists Association
of the Philippines (PCAP).
Having First Year students as its readers the Authors tried their best to make its
presentation simple and direct to point in a manner that they (students) will easily
understand the basic concepts indicated therein. Review questions and answer key
are provided for every chapter so that students will be able to assess the extent of
their learning.
The book consists of ten (10) chapters. Chapter 1 deals with concepts of Criminology
and Criminal Justice where Criminology and Criminologist were defined and the
nature, scope and purposes of the study of Criminology extensively discussed. Since
there is a separate course for the study of criminal justice system, the concept of
criminal justice was just slightly touched.
Chapter 2 narrated the evolution of Criminology as a field of study; while Chapter 3
discussed the basic concept and foundation of law, deviance and delinquency. Since
there is a separate course for theories of crime causation, these topics were just
introduced in Chapter 4. It started from Demonological theory to Developmental or
Multiple Factors with the end-view that students will be able to understand each of
the theory, synthesize its similarities and distinctions with each other and bring that
knowledge when they take up theories of crime causation in the higher level of their
study.
Being acknowledged to be important not only in the study of Criminology but in the
practice of the profession, research and criminological theories were discussed in
Chapter 5. While Chapter 6 presented the crime typologies covering different violent
crimes such as mass murder and social killing, rape, child and spousal abuse,
robbery, hate crimes, stalking and terrorism, economic and public order crimes.
In Chapter 7, the formula of measuring Crime Statistics are discussed together with
the presentation of the 2018 Philippine Standard Classification of Crime for
Statistical Purposes (PSCCS); Also in Chapter 8, the basic concepts and issues on
punishment, death penalty and restorative justice were taken up; effects and
theories of crime victimization are presented together with victim's service programs
in Chapter 9.
Finally, provisions of Republic Act 11131 was dissected in Chapter 10 for the
students to understand important provisions that will affect them during their
journey as future Criminologist. And to supplement their knowledge on the matter, a
copy of the implementing rules and regulations of R.A. 11131, the proposed Code of

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Ethics and Professional Responsibility of Philippine Registered Criminologists and
Law Enforcement Code of Ethics were reproduced as appendices.

TABLE OF CONTENTS
Chapter I: Concepts of Criminology and Criminal Justice
Definition of Criminology and Criminologist Nature, Scope and Purposes of the Study
of Criminology
Criminal Justice
Chapter II: Evolution of Criminology
Criminology as the Field of Study
Criminology in the Philippines
Chapter III: Law Crime Deviance and Delinquency
Law its Concept and Classification Elements of Law
General Divisions of Law
Sources of Law
Criminal Law and Crime
Basic Elements of Criminal Law
The Power to Define and Punish Crime
Limitations upon Power of the State to Enact Penal Laws
Characteristics of Criminal Law
Crime
General classification of crimes
Development of Criminal Law and Crime
Deviance and Delinquency
Chapter IV: The Theories of Crime Causation
Demonological Theory
Classical Theory
Neo-Classical Theory
Ecological Theory
Economic Theory
Positive Theory/Positivism
Major Sociological Theories of Crime Causation
Developmental Theory/Multiple Factors
Chapter V: Research and Criminological Theories
Research in Criminology and Criminal Justice
Theories in Criminological Research
Theory-Empirical Data Connections
Criminology Research Methods
Research Methods in Criminology and Criminal Justice
Chapter VI: Crime Typologies
Violent Crimes
Economic or Enterprise Crimes
Public Order Crime
Chapter VII: Measuring Crime
Crime Statistics
The 2018 Philippine Standard Classification of Crime for Statistical Purposes (PSCCS)
Chapter VIII: Punishment, Death Penalty and Restorative Justice

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Punishment
Schools of Thoughts in Penology
The Death Penalty
Restorative Justice
Chapter IX: Victimology
Focus of Inquiry in Victimology
Effects of Crime Victimization
Characteristics of Victims
Levels of Victimization
Theories of Victimization
Victim Profiling
Victim Service Programs
Chapter X: Legal Foundation of Criminology Profession
The Philippine Criminology Profession Act of 2018
Parts of the Law
State Policy on Criminology Profession Objectives and Activities in Criminology
Governed by R. A. 11131
Definition of Terms
The Professional Regulatory Board (PRB) for Criminologists
Examination, Registration, Certification and Licensure
Practice of Criminology
Integration of Registered Criminologists
Privileges of Registered Criminologists
Bibliography
Appendices
Appendix A: IRR of R.A. 11131
Appendix B: Proposed Code of Ethics and Professional Responsibility of
Philippine Registered Criminologists Appendix C: Law Enforcement Code of Ethics
Appendix D: Canon of Ethics for Registered Criminologist
Appendix E: PRBC Resolution No. 06 Series 2021

CHAPTER I
CONCEPTS OF CRIMINOLOGY AND CRIMINAL JUSTICE
Concern about crimes and the need to develop effective measures to control
criminal behavior has spurred the development of the study of criminology. This
academic discipline is devoted to the development of valid and reliable information
about the causes of crimes as well as crime patterns and trends. Criminologists use
scientific method to study the nature, extent, cause and control of criminal behavior.
This chapter discusses the concept of criminology postulated by various
scholars and provided by the Philippine Criminology profession Act of 2018, its areas
of interest, its purpose and relation with other disciplines.

A. Definition of Criminology and Criminologist

Criminology was derived from the Italian term "CRIMINOLOGIA" coined by
Raffaele Garofalo, an Italian law professor, in in 1885. In 1887, French anthropologist
Paul Topinard used the term "CRIMINOLOGIE", to differentiate the study of criminal
body types within the field of anthropology from other biometric pursuits.

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 In the Principles of Criminology written by Edwin Sutherland and Donald
Cressey, they defined Criminology as "the body of knowledge regarding crimes as a
social phenomenon. It includes within its scope the process of making laws, of
breaking laws, and of reacting towards the breaking of laws. The objective of
criminology is the development of a body of general and verified principles and of
other types of knowledge regarding this process of law, crime, and treatment."
Curt Bartol and Anne Bartol, described Criminology as a "Multidisciplinary
study of crimes. It involves wide array of knowledge about crimes and criminals
including psychology, sociology, anthropology, biology, neurology, political science,
economics and others."
Cirilo Tradio articulated that Criminology is a "Body of knowledge regarding
delinquency and crime as a social phenomenon. It may also refer to the study of
crimes and criminals and the attempt of analyzing scientifically their causes and
control and the treatment of criminals. "
Sec. 4 (e) of Republic Act 11131, otherwise known as the Philippine
Criminology Profession Act of 2018 however, declared that Criminology shall be
defined as "The scientific study of crimes, criminals, and victims, it also deals with
the prevention, and solution of crimes". Section 4 (i) of the law's (R.A. 11131)
Implementing Rules and Regulations affirmed that Criminology "refers to the
scientific study of crimes, criminals, victims, and criminal behavior. It also deals
with the prevention, and solution of crimes."
Criminologist as identified by Marvin Wolfgang and Franco Ferracuti is the
"One whose professional training, occupational role, and pecuniary reward are
primarily concentrated on a scientific approach to, and study and analysis of, the
phenomenon of crime and criminal behavior."
Section 22 of the repealed Republic Act 6506 defined Criminologist "any
person who is a graduate of the Degree of Criminology, who has passed the
examination for criminologists and is registered as such by the Board" (Board of
Examiners for Criminologists).
Section 4 (g) of Republic Act 11131 decreed that Registered criminologist
(RCrim) "refers to a natural person who holds a valid certificate of registration and
an updated professional identification card as criminologist issued by the Board
and the Commission pursuant to this Act."

B. Nature, Scope and Purposes of the Study of Criminology

Criminology is an interdisciplinary profession built around the scientific study
of crime and criminal behavior, including their manifestations, causes, legal aspects
and control. Being interdisciplinary, it draws upon other discipline to provide an
integrated approach to understanding the problem of crime in contemporary
society and to advance solutions to the problem crime creates. Thus, the following
disciplines are involved in Criminology, to wit:
1. Criminal Anthropology - It is the study and investigation of the organic
and psychic constitution of the criminal and the conditions of his social life. The
criminal is the degenerate whose organic and psychic development has been
arrested.

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 2. Criminal Psychology - Scope includes the study of the psychological traits
of the criminal, or his basic psychological characteristics, which are moral
insensibility and improvidence.
3. Criminal Statistics - Studies the relation of causality between certain
personal conditions, physical and social phenomena and criminality, its increase or
decrease and forms of its appearance.
4. Criminal Sociology - It embraces all branches of criminal science including
criminal law and transforms the science of crimes and penalty into one of positive
observation.
5. Criminal Politics - A science consisting of principles with which the State
organizes its fight against criminality. The bases, are knowledge of criminal law, of
criminality, of measures penalties and other defense.
6. Forensic Medicine - Object is to place medical knowledge at the disposal of
the administration of justice, both civil and criminal.
7. Forensic Chemistry - The of application chemical principles in the solution
of problems that arise in connection.

The study of criminology is a complex phenomenon which requires a

methodical and balanced approach of study taking into consideration the following
nature:
1. It is an applied science - In the study of the causes of crimes,
anthropology, psychology, sociology and other natural sciences may be applied.
While in crime detection, chemistry, medicine, physics, mathematics, ballistics,
polygraphy, questioned document examination may be utilized;
2. It is a social science - Since crime is a social creation and that it exists in the
society, its study therefore is considered part of social science;
3. It is dynamic Criminology changes as social condition changes. It is
concomitant with the advancement of other sciences that have been applied to it;
and
4. It is nationalistic - The study of crimes must be in relation with the existing
criminal law within a territory or country. This is so because the power to define and
punish crime is enjoyed by the State in accordance to its police power.

The study of Criminology covers the origin and development of criminal or

penal law; crime causation; and factors that enhance the development of criminal
behavior such as criminal demography, criminal epidemiology, criminal ecology,
criminal psychology, criminal psychiatry and victimology, defined as follows:
1. Criminal Demography - study of the relationship between criminality and
population;
2. Criminal Epidemiology - study of the relationship between environment
and criminality;
3. Criminal Ecology - study of criminality in relation to special distribution in a
community;
4. Criminal Physical Anthropology - study of criminality in relation to the
physical constitution of men;
5. Criminal Psychology - study of human behavior in relation to criminality;
and

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 6. Victimology - study of the role of the victim in the commission of crime.
Meanwhile, Criminologists Edwin Sutherland suggested that Criminology
consists of three principal divisions: the sociology of law; scientific analysis of the
causes of crime; and control of crime. On the other hand, well known Criminologist
Clarence Ray Jeffery similarly sees that Criminology is composed of three activities,
namely: detection of criminal offender; treatment; and explaining crime and criminal
behavior. In like manner, contemporary Criminologist Gregg Barak, suggested that
being an interdisciplinary science Criminology should focus on the etiology of crime;
the behavior of criminals; and the policies and practices of crime control.
The primary purpose of Criminology is to control crime through prevention,
rehabilitation, and deterrence and ensuring that the criminaĺ justice system reflects
the people's high aspiration as society of justice for all. The Philippine Criminology
profession Act of 2018 in its statement of policy also recognizes the importance of
criminology profession in national security, public safety, peace and order, and in
nation-building and development, which impelled the State to regulate its practice.
Consequently, the purpose/s of Criminology was broadened.

C. Criminal Justice
Simply defined as a system of delivery of justice to those who have
committed a crime. The Criminal Justice System is a machinery of the State or
government, which enforces the rules of conduct necessary to protect life and
property and maintain peace and order. It is a process in the community by which
crimes are investigated, and the person suspected thereof is taken into custody of
the police, prosecuted in court, and punished if found guilty, provisions being made
for their correction and rehabilitation.
In a strict sense criminal justice is a system of law enforcement, adjudication
and correction that is directly involved in the apprehension, prosecution, and control
of those charged with criminal offenses.
Criminal justice is just one of several systems operating in the community,
such as: political system, education system, economic system, technological system,
health care system social system and other system. It is part of social system consists
of a group of agencies responsible to administer justice and the people in these
agencies who make decisions, the decisions they make, factors that influence their
decisions, and the effects of their decisions.
Unlike Criminology which explains the etiology, extent and nature of crime in
society, and whose concerns dwells on identifying the nature, extent and cause of
crime. Criminal justice refers to agencies of social control that handle criminal
offenders. Moreover, it deals with describing, analyzing and explaining the behavior
of the agencies of justice and identifying effective methods of crime control.

Criminology Criminal Justice System

Criminology tends to focus on the Criminal Justice tends to focus on the
determination and development of legal process on how to deal with
principles, concepts, and theories of criminal offender
crime causation
Criminology explains the etiology Criminal Justice studies the agencies of
(origin), extent the nature of crime in the social control that handles criminal

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society offenders.
Criminology tends to focus on research Criminal justice tends to focus on the
application, public law, public policy, and
decision making, and career
development
Criminologist are concerned with Criminal Justice Professionals are engage
identifying the Nature, extent and cause in Describing, analyzing, and explaining
of crime the Operations of agencies of justice (the
five component of CJS). They seek more
effective methods of crime control and
offender rehabilitation.
Both criminology and criminal justice are eclectic disciplines that borrow researches
and theories from other related discipline. Some of the earliest criminologists were
medical doctors, and psychiatrist, while man influential criminologists of the
twentieth century were sociologist.

CHAPTER II
EVOLUTION OF CRIMINOLOGY
Criminology is the scientific procedure to studying both social and individual
criminal actions. It is divided up into several separate disciplines including
psychology, economics, political science, natural science, biology and the evolution
and development of people.
While other investigative professionals are in charge of who committed a
crime and how, criminologists are responsible for answering why someone would be
led to breaking the law or causing a crime. The field of study has a long, rich history
and has changed a lot.
This chapter presents the evolution of Criminology as field of study and as a
profession.

Criminology as the Field of Study

Crime causation and doctrines on criminal responsibility and the study of
criminology underwent developmental stages. Criminal codes have existed for
thousands of years and the problems brought about by crime have long been
recognized. However, scientific study of crimes and criminals is quite a recent
development.
Hence, Criminology truly began in Europe between the late 1700's and the
early 1800's. Classical school of criminology founders were theorists on crime and
punishment development. These people include writers Cesare Beccaria and Jeremy
Bentham. Although torture was taking place all over the continent, especially for
confessions and testimonies, classical school believed torture to be wrong.
Accordingly, crimes are committed through free will. People know what they are
doing and should be punished. Those consequences should be strong enough to
deter other people from the crime and should be harsher than the criminal gain.
They did explain that the criminal justice system drastically needed to be
modernized and improved. At that time, criminal justice included painful torture
such as stretching, crushing and stabbing of the accused bodies. The classical school

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aimed to improve the system partly by limiting or eliminating the torture. It marked
the beginning of great progress for the criminal justice system.
The Neo-classical school of thought followed the classical school and brought
with it a few revisions. For one, this way of thinking suggests that people can be led
by behavior, which can be irrational. It also suggests the world is imperfect and
therefore there will always be mistakes. Self- defense is included in the neo-classical
school of thought too.
In contrast, Positivist School sought to bring scientific neutrality into
criminological studies. Instead of assuming a moral stance that centered on
measuring the criminal's guilt and responsibility. The positivists attempted a morally
neutral and social interpretation of crime and its remedy. Positivists believed that all
actions are pre-established in time, that all persons are different, both intellectually
and physically. Punishment should be determined by crime, rather by person.
Likewise, treatment and rehabilitation are theoretically possible within all criminals.
Cesare Lombroso, the "Father of Criminology" and a positivist, conducted firsthand
observation and measurement of prison inmates to determine the characteristics of
criminal types.
Determinism is the belief that all actions are pre-established in time and that
free will is only an illusion. It along with the requirement of scientific evidence for
criminal conviction, falls under the positivist school of thought. Positivists believe
that all people are different, both intellectually and physically. Punishment within
the positivist school of thought thought would not be determined by crime, rather
by person. Also, correction, treatment and rehabilitation are theoretically possible
within all criminals and those that cannot be fixed should be killed. Lombroso is
credited with being the father of criminology and a positivist.
In the 1920s, Robert E. Park and Ernest Burgess presented their Chicago
School of Thought through the University of Chicago. The study related criminology
to sociology and provided research on concentric zones or zones in transition where
people tend to be more criminally active than others. Through the addition of Henry
McKay and Clifford Shaw's research specifically on juvenile delinquents, a new social
ecology study was developed. The Chicago School of Thought determined that
crimes tend to be taught by older criminals whom people may be associated with
either personally or professionally.
Contemporary criminology includes a similar Hedonistic Theory that people
can deter emotions and actions according to incentive manipulation. Thus,
criminology today includes categorizing criminal's motives whether they are
instrumental or expressive. Instrumental motivation means the person has more
incentive, outside the act itself, for committing a crime. There is a tangible benefit.
Expressive motivation is different than instrumental as it includes acts done out of
emotion. The crime itself is the desired result.
Common feelings for expressive motivation crimes include anger or rage,
fear, jealousy and passion. They are frequently committed in the heat of the moment
as a means of overpowering the source of the criminal's frustration.
Criminology combines social action data with criminal activity to understand
motive and determine appropriate consequences. As such, criminology is necessary
for the proper development and execution of criminal justice systems. From the case
development to long after the verdict, criminologists are responsible for

8
understanding why criminals do what they do. Through this information people will
be safer, better understood and justly punished for crimes. The ultimate motive
behind criminology though, is the prevention of crime.
The recent development in the study of Criminology is the important
inclusion of victimology. Victimology is the study of the victim, the offender, and
society. This definition can encompass both the research of scientific aspects of the
discipline as well as the practical aspects of providing services to victims of crimes.
Victims of crimes were considered to be a forgotten man in the criminal justice
system because the wheels of justice were focused on the criminal offender.
From 1900 through to 2000 the study of Criminology underwent three
significant phases:
1. Golden Age of Research (1900-1930) which has been described as a
multiple-factor approach,
2. Golden Age of Theory (1930-1960) which shows that there was no
systematic way of connecting criminological research to theory, and
3. 1960-2000 period which was seen as a significant turning point for
criminology.
Criminologists are the the people working and researching all of the ins and
outs of criminology. Criminologists often look for behavioral patterns of a possible
criminal in hopes of finding a particular perpetrator. They also conduct research and
investigations, developing theories, and composing results and more often than not
solve crimes.
The interests of criminologists include the study of nature of crime and
criminals, origins of criminal law, etiology of crime, social reaction to crime, and the
functioning of law enforcement agencies and the penal institutions. It can be broadly
said that criminology directs its inquiries along three lines:
1. First, it investigates the nature of criminal law and its administration and
conditions under which it develops,
2. Second, it analyzes the causation of crime and the personality of criminals;
and
3. Third, it studies the control of crime and the rehabilitation of offenders.
Thus, criminology includes within its law- scope the activities of legislative
bodies, enforcement agencies, judicial institutions, correctional institutions,
education, and private and public social agencies.

Criminology in the Philippines

The vitality of scientific knowledge production on criminality in the
Philippines came first from law and medicine, in the late 19th and early 20th century.
The studies of two Filipino 'criminologists', Ignacio Villamor (1909; 1915; 1924) and
Sixto De Los Angeles (1919), in the early 1900s referred extensively to Cesare
Lombroso's criminal anthropology.
Villamor proposed the understanding of crime through crime statistics, while
physician Sixto De Los Angeles took to examining the biological links to criminal
behavior. The two two men can be considered pillars of the academe in law and
medicine respectively in the founding years of the University of the Philippines.
Villamor studied crime statistics and directed their collection and
preservation during his term as Attorney General and as Director of the Bureau of

9
Census in the early 1900s. Using crime records from 1903 to 1918, he published La
Criminalidad en Las Islas Filipinas (1909) and Crime and Moral Education (1924). He
treated crime as an outcome of a confluence of social factors (such as cultural and
religious superstition, and lack of education) and physical factors (referring
extensively to Lombroso's theory of atavism as proxy discussion). Villamor
recognized Lombroso's work as "occupying a preeminent place in the study of the
causes of crime".
De Los Angeles' position as medico-legal expert who autopsied bodies of
crime victims, and later on, of convict remains, earned him the status as leading
Filipino forensics professor. The fortuity of his interest in biomedical research
projects in the early 1900s placed him in the direct path of the most provocative
theory in the period-Lombroso's criminal anthropology.
To test Lombroso's hypothesis in 1916, De Los Angeles clinically examined
100 male and 8 female inmates in Bilibid Prison and took their anthropometric
measurements (dimension of ears, pelvic bones, thorax, fingers, etc.). He measured
convict skulls and autopsied 44 deceased convicts for cranial anomalies to the
investigate regressive features. He compared his measurements to non-criminal data
collected earlier by American anatomist Robert Bennett Bean and anthropologist
Daniel Folkmar, and French ethnologist Joseph Montano-men who brought physical
anthropology to the Philippines and back to the Western world by illustrating the
measurements of Filipinos.
The only anthropometric measure that De Los Angeles found significant was
the smaller cephalic index of the convicts; other measures such as height, weight
and nasal index registered lower figures but no significant differences to merit a
conclusion. His scrutiny of skulls of deceased inmates convicted of serious crimes,
however, revealed cranial and brain anomalies that bolstered the Lombrosian
hypothesis.
The starting point of establishing Criminology as formal field of study started
in 1954 when the Philippine College of Criminology (PCCr) was established by
Supreme Court Associate Justice Felix Angelo Bautista. The School offered a four-
year course leading to the degree of Bachelor of Science in Criminology. And on June
12, June 12, 1961 the Bureau of Higher Education granted government recognition
to PCCr for its first year in master's degree program. Subsequently, on July 31, 1972,
it offered a two-year graduate program leading to the degree of Master of Arts in
Criminology (M.A. Crim). Consequently, BS Criminology program started to
flourished during the 60's and 70's, culminating the enactment of Republic Act 6506
and other pieces of legislation related to the practice of Criminology profession in
the country.

CHAPTER III
LAW, CRIME DEVIANCE AND DELINQUENCY
The criminal law controls the definition and concept of crime. Developed
over many generations, beliefs, social values, as well as political and economic
development and conditions. The criminal law is a living concept, constantly evolving
to keep pace with society. It governs the form and direction of almost all-human
interaction. Most important purpose of criminal law is to define the behavior that
society labels as criminal and its reaction when it was committed. Consequently, it is

10
important for our students of criminology to have a basic understanding of the law
and its relationship to crime and how criminal justice work as an instrument of social
control.

A. LAW ITS CONCEPT AND CLASSFICATION

The term law, in its broadest sense, means any rule of action or norm of
conduct applicable to all all kinds of action and to all objects of creation. It includes
state law, physical law, divine law and others.
In its strict legal sense, law is defined as a rule of conduct, just and
obligatory, laid down by legitimate authority for the common observance and
benefit.
Law is a product of social life, and is a creation of human nature. It was
intended by man to serve man. It regulates the relations of human beings so that
harmony can be maintained in the social group, by placing restrictions on individual
liberty in order to make co-existence possible.

Elements of Law
1. It is rule of conduct. Laws serve as guides of an individual in relation to his
fellowmen and to his community.
2. It is just. It means that the law must be fair; treats every person the same
and based on the values and ethics held by the majority of society.
3. It is obligatory. It means that the law must be enforced, if not the purpose
of its creation will not be served.
4. It is prescribed by legitimate authority. It means that the law was made by
persons who are given the power to make it. An authority entitled to have its
decisions and rules accepted and followed by others.
5. It is ordained for the common benefit. Laws should be made for the
protection, common good and benefit of the people, as stated in a Latin Maxim,
"SALUS POPULI EST SUPREMA LEX" the welfare of the people is the supreme law.

General Divisions of Law

1. Divine Law. Law which God himself is the legislator who has promulgated
the law. It is superior to other laws. It is binding to the whole world, in all countries
and at all times.
2. Human Law. A law promulgated by man to regulate human relations.
Human law is subdivided into two (2) main classes, namely: general or public law;
and individual or private law. These in turn are sub-divided as follows:
2.1 General or Public Law:
a) International Law - or that which governs the relations between nations or
states, that is, between human beings in their collective concept.
b) Constitutional Law - or that which governs the relations between human
beings as citizens of a a state and the governing power.
c) Administrative Law - or that which governs the relations between officials
and employees of the government.
d) Criminal Law - or that which guarantees the coercive power of the law so
that it will be obeyed.
e) Religious Law - or that which regulates the practice of religion

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2.2 Individual or Private Law:
a) Civil Law - or that which regulates the relations of individuals with other
individuals for purely private ends.
b) Mercantile Law - or that which regulates the special relations produced by
commercial transactions.
c) Procedural Law - or that which provides for the means by which private
rights may be enforced.

Sources of Law
1. Legislation. The primary source of law. It means the making of law by of law by a
supreme or a sovereign authority which is followed by people of every stratum of
society. It is the process of lawmaking by a competent authority.
In the Philippines, before declaration of Martial Law on September 21 1972,
the power to legislate laws is vested in the Congress of the Philippines which consists
of the Senate and the House of Representatives. Upon the imposition of Martial Law
and after the dissolution of the old Congress the power to legislate is vested in the
President of the Philippines through issuance of Presidential Decrees and Letters of
Instructions. It was returned back to Congress after the EDSA Revolution pursuant to
the 1987 Constitution.
2. Precedent. The reasoning behind a judge's decision that establishes a principles or
rules of law that are followed by other courts lower in the same hierarchy when
deciding future cases that are similar.
3. Custom. It refers to the practices and usages of distinctive communities which has
the force of law when acknowledged and approved by society through long and
uninterrupted usage.
4. Court Decision. Judicial decisions which apply or interpret the Constitution and
the laws are PART OF THE LEGAL SYSTEM in the Philippines but they are not laws.
However, although judicial decisions are not laws, they are evidence of the meaning
and interpretations of the laws. We adhere to the the doctrine of STARE DECISIS
which means that once a case has been decided one way, then another case
involving exactly the same question or point of law should be decided in the same
manner.

B. CRIMINAL LAW AND CRIME

Criminal Law
Criminal Law is defined conventionally, as a body of specific rules regarding
human conduct, which have been promulgated by political authority, apply
uniformly to all members of the classes to which the rules refer, and are enforced by
punishment administered by the State.
It is a branch or division of law which defines crimes, treats of their nature,
and provides for their punishment. The Revised Penal Code (R.A. 3815) and other
special penal laws enacted by Congress are the Sources of penal laws in the country.
Criminal law functions to control the behavior of people within a territory.
This mechanism of social control enforces also the norms and mores of a culture.
Another function of criminal law is to discourage individuals to seek revenge against
those who violated his or her rights. Instead, the state stands to be the aggrieved

12
party and represents the victim in seeking justice. Finally, criminal law deters
criminal behavior by reason of its ability to punish and correct law violators.

Basic Elements of Criminal Law

1. There must be a law.or statute promulgated by the State;
2. The law or statute must specifically define what act or conduct is criminal; and
3. The law or statute must have a penal sanction.

The Power to Define and Punish Crime

By virtue of its police power, the State has the authority to define and punish
crimes. The concept of police power is well-established this jurisdiction. The same
has been been defined the "state "state authority to authority to enact legislation
that may interfere with personal liberty or property in order to promote the general
welfare." As defined, it consists of (1) an imposition of restraint upon liberty or
property, (2) in order to foster the common good. It is not capable of an exact
definition but has been, purposely, veiled in general terms to underscore its all-
comprehensive embrace.

Limitations upon Power of the State to Enact Penal Laws

1. It cannot enact an ex post facto law nor bill of attainder;
2. Penal laws must be of general application; and
3. It cannot provide for a cruel unusual punishment nor can it impose excessive fines.

Characteristics of Criminal Law

1. Generality - The law is binding upon all persons who reside or sojourn in the
Philippines, irrespective of age, sex, color creed, or personal circumstances.
2. Territoriality - The law is applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere, interior waters and maritime
zone.
3. Irretrospectivity or Prospectivity - The law does not have any retroactive effect,
except if it favors the offender unless he is habitual delinquent or the law otherwise
provides.

Crime
A crime or public offense is an act committed or omitted in violation of a law
forbidding or commanding it. Societies enacted laws to criminalize acts that are
viewed to be deviant or offensive to their moral sense. essence, acts which are
considered considered criminal criminal defined by law. This concept is encapsulated
in the Latin maxim nullum crimen nulla poena sine Lege, which means "there is no
crime if there is no law punishing it." The French Declaration of the Rights of Man
can be traced as the origin of this concept, stating: "no one ought to be punished,
but in virtue of a law promulgated before the offense, and legally applied."
The term crime is generic for felony, offense, infraction and delinquency.
Technically, under the Philippine legal system, felony refers to an act or omission
punishable under R.A. 3815 or the Revised Penal Code (Jan. 1, 1932); while offense
pertains to an act or omission punishable by special law. Though, in actual practice,
the terms felony and offense are sometimes used interchangeably.

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General Classification of Crimes:
1. Crime mala inse. Those that are so serious in their effects on society as to call for
almost unanimous condemnation of its members; XXX when the acts are inherently
immoral, they are mala inse, even if punished by special law. Conversely, there are
crimes in the Revised Penal Code which were originally defined and punished by
special laws. Among them are xxx malversation, brigandage, and Libel.
2. Mala prohibita. Those that are violations of mere rules of convenience designed
to secure a more orderly regulations of the affairs of society. Further, mala prohibita
refers generally to acts acts made criminal by special laws.

Development of Criminal Law and Crime

Historically, it was the Babylonians and the Hebrews, and later the Romans
who first recognized the concept of law and crime.

1. Code of Hammurabi - The Code of Hammurabi is considered as one of the first

known attempts to establish a written code of conduct. The recording of the said
code was made possible with the invention of cuneiform - a system of writing that
used baked clay. There were accounts, however, claiming that prior to the Code of
Hammurabi, the first written laws probably came from Ur Nammu who ruled Ur
about 2100 B.C. Other texts point to King Dungi of Sumer as one of the first to have
developed penal law. However, it was King Hammurabi (1792-1750 B.C.), (1792-1750
B.C.), the sixth King of Babylon, who had the laws of the kingdom collected and
organized. He then had the code of laws recorded on a block of stone eight feet high,
which made the laws visible to all the people and provided a lasting record. Under
this legal system, punishment was based on physical retaliation or Lex talionis (“an
eye for an eye"). The code established rules regarding theft, sexual relationship, and
interpersonal violence, and was intended to replace blood feuds with a system
sanctioned by the state.
2. Mosaic Code of the Israelites (1200 (1200 B.C.) According to tradition, God
entered into a Covenant or contract with the tribes of Israel in which they agreed to
obey his law as presented to them by Moses, in return for God's special care and
protection.
3. Roman law contained in the Twelve Tables (451 B.C.) The Decemviri Consulari
Imperio Legibus Scribundis, a special commission_of ten noble Roman men,
formulated the Twelve Tables in response to pressure from the lower classes, who
were referred to as plebeians. The plebeians believed that an unwritten code gave
arbitrary and unlimited power to the wealthy classes, known as patricians, who serve
as magistrates. Later, Emperor Justin of Rome appointed twelve experts to review
the Law of the Twelve Tables. In 529 In 529 A.D., Roman Emperor Justin put the
Justinian Code into effect.
4. The Common Law After the Norman conquests of England in 1066, a common law
developed that helped standardized law and justice. The common law was based on
judge decisions. Judges would decide cases, and future cases would be decided
based on those previous decisions. This system known as stare decisis (Latin for "to
stand by decided cases"), was used by the early courts to determine the outcome of
criminal cases. The present English system, which still relies on common law, has
come to existence during the reign of Henry II (1154-1189). However, common law is

14
not applicable in the Philippines. The Supreme Court once held, "xxx unless there be
a particular provision in the penal code or special law that defines and punishes the
act, even if it be socially or morally wrong, no criminal liability is incurred by its
commission."

Deviance and Delinquency

Deviance is any behavior that violates social norms, and is usually of
sufficient severity to warrant disapproval from the majority of society.
Deviance, in a sociological context, describes actions or behaviors that violate
informal social norms or formally-enacted rules. Among those who study social
norms and their relation to deviance are sociologists, psychologists, psychiatrists,
and criminologists, all of whom investigate how. norms change and are enforced
over time. Moreover, deviance is often divided into two types of activities. The first,
crime, is the violation of formally enacted laws and is referred to as formal deviance.
The second type of of deviant behavior involves violations of informal social norms
(norms that have not been codified into law) and is referred to as informal deviance.
Delinquency is generally thought to mean criminal behavior committed by
juveniles under the legal age of adulthood. Prior to the late nineteenth century few
legal distinctions were made between juveniles and adults. Even childhood itself is a
relatively modern concept.
Breaking from the tradition of treating children as 'miniature adults,' the start of the
twentieth century witnessed a group of reformers who created the first juvenile
court. The motivating idea was that children had special needs, and that to treat
them like adults violated fairness. The juvenile court was to act as a 'parent' for
troubled youth whose own families could not, or did not control them. The doctrine
of 'parens patriae' led to profound changes in how juveniles were treated, not only
for the commission of crimes, but also for a range of so-called 'status' offenses
(truancy, use of profanity, sexual precocity, tobacco use, running away, and curfew
violations). Although most theories of delinquency focus on criminal rather than
status offenses.
Delinquency implies conduct that does not conform to the legal or moral
standards of society; it usually applies only to acts that, if performed by an adult,
would be termed criminal. It is thus distinguished from a status offense, a term
applied to acts considered wrongful when committed by a juvenile but not when
committed by an adult.
Delinquent behavior is most common in the 14- to 15-year-old age group. At
age 14, most delinquent conduct involves minor theft. By age 16 or 17, more violent
and dangerous acts, including assault and the use of a weapon, become prevalent.
Most delinquents do not continue this behavior into their adult life, for, as the
circumstances of their lives change and they get a job, marry, or simply mature out
of their turbulent adolescence, their conduct usually falls in line with societal
standards. Although the evidence is ambiguous, most delinquents adjust to a
noncriminal life, yet the proportion of delinquents who become criminals is higher
than that of nondelinquents.
Schools are often the forum in which delinquent behavior originates. Most
delinquents perform poorly in school and are unhappy in the school environment.
Many delinquents are dropouts who leave school at an early age but have no job

15
opportunities. Juvenile gangs often perform delinquent acts, not solely out of
frustration with society but also out of a need to to attain status within their group.
A gang can provide the rewards a juvenile cannot get from his school or other
institution.
Efforts have been made to identify potential delinquents at an early age in
order to provide preventive treatment. Such predictions of delinquency generally
depend not only on the child's behavior in school but also on the quality of the
child's home life. There are many elements that delinquents share in their home
lives. Their parents are frequently heavy drinkers who are involved in crime
themselves and are unable to provide emotional or financial financial support for
their children. Discipline is inconsistent and often relies on physical force. Most
attempts to detect future delinquents have failed, however. Indeed, it has been
found that the stigma of being identified as a potential delinquent often causes the
child to commit delinquent acts.
It is the responsibility of the state to deal with delinquent offenders. Hence, a
litany of laws pertinent to the handling of juvenile delinquents or legally known as
children in conflict with the law (CICL) was enacted. The most recent is Republic Act
9344, otherwise otherwise known as known as Juvenile Justice Welfare of 2006 as
amended.

CHAPTER IV
THE THEORIES OF CRIME CAUSATION
As mentioned earlier, crimes and criminal behavior were already recognized
in many early societies. Attempts were also made to explain. crime causation. Many
of these have significantly contributed to the development of our criminal law and
criminal justice system.
This chapter will begin with an exploration of many early theories of crime
causation, which represent the historical legacy of the discipline, and end with the
modern biological, psychological and sociological theories of crime. Though, many of
the early theories were discredited for lack of scientific explanation, their
examination is warranted not only from the standpoint of gaining a sense of
continuity of the discipline, but also because many expressions of these theories are
resurrected in new forms of modern thinking.
Before the current theories on crime causation and the doctrines on criminal
responsibility came to fore, the study of criminology underwent developmental
stages. Although criminal codes have existed for thousands of years and the
problems brought about by crime have long been recognized, the scientific study of
crimes and criminals is quite a recent development. For long, the explanations on the
causation of crimes were a matter of assumption. Even until the middle-ages (1200-
1600), it was assumed that criminal behavior was a result of evil possession or a
strange natural force that control a person's behavior. The prescribed method for
dealing with the possessed was burning at the stake, a barbaric practice that
survived into the seventeenth century.

A. Demonological Theory
Known as supernatural explanations of criminality. It dominated thinking
from early history well into the eighteenth century. This theory was predominant at

16
a time when explanations of reality were done through theological approaches. The
criminal was viewed as a sinner who was possessed by demons or damned by
otherworldly forces.
In this theory, humankind was viewed as at the mercy of supernatural.
Violators' actions, accordingly, are determined by forces beyond his control. And so,
trial by ordeal was instituted in which the accused was exposed to the dangerous
tests and, if the person survived, he or she had been protected by God and therefore
shall be declared innocent.

B. Classical Theory
Contemporarily known as Rational Choice it emphasizes freewill and
rationality on the part of criminal actor. The classical school of criminology grew out
of frustration against the barbaric system of law and justice. Prior to the French
Revolution (1787-1799), there had been no real system of criminal justice in Europe
and the rest of the world. The administration of criminal justice was cruel, uncertain,
and unpredictable. There were crimes against the state, crimes against the church
and against the crown. Some of these crimes were specified, some were not. Judges
had discretionary power to convict a person for an act not even legally defined as
criminal.
This school of thought is based on the assumption that individuals choose to
commit crimes after weighing the consequences of their actions. According to
classical criminologists, individuals have free will. They can choose legal or illegal
means to get what they want fear of punishment can deter them from committing
crime and that society can control behavior by making the pain of punishment
greater than the pleasure of the criminal gains.
Viewed individuals as acting based on freewill and as being motivated by
hedonism. The latter refers to a pleasure principle, which consumes that the main
purpose of life is to maximize pleasure while minimizing pain. Individuals are viewed
as entirely rational in his decision-making process in which they will attempt to
increase pleasure, even illicit desires, until the anticipated pain to be derived from
particular activity appears to outweigh the enjoyment to be derived.
This theory, however, does not give any distinction between an adult and a
minor or a mentally handicapped in as far as freewill is concerned. Further it argues
that the basis of criminal liability is human free will and the purpose of penalty is
retribution.

Cesare Beccaria (1738-1794)

Cesare Beccaria is one of the founders of the Classical School of Criminology.
Born in Milan, Italy, he graduated Law from University of Pavia. After graduation, he
joined a group of articulate and radical intellectuals called the Academy of Fists. In
July 1764, he published the book entitled "On Crimes and Punishment," which
presented a coherent and comprehensive design for an enlightened criminal justice
system that was to serve the people rather than the monarch. Baccaria argued that
the effectiveness of criminal justice depended more on the certainty of punishment
than on its severity. His book made reforms in penal legislation and was influential in
the reforms of penal codes in France, Russia, and it influenced the first ten
amendments to the US Constitution.

17
 Becarria was appalled by the arbitrary nature of the European judicial and
penal systems of his time, which were unpredictably harsh, exacted confessions by
means of torture, and were completely subject to the whims of authorities. He was
interested in reforming such lamentable system of law and justice claiming that it
made little sense to punish lawbreakers with unjust laws.
He proposed the following principles for the proper operation of a criminal
justice system:
 Laws should be used to maintain social contract.
 Only legislators should create laws.
 Judges should impose punishment only in accordance with the law.
 Judges should not interpret laws.
 Punishment should be based on the pleasure and pain principle.
 Punishment should be based on the act, not on the actor.
 The punishment should be determined by the crime.
 Punishment should be prompt and effective.
 All people should be treated equally.
 Capital punishment should be abolished.
 The use of torture to gain confession should be abolished.
 It is better to prevent crimes than to punish criminals.
Beccaria was responsible for the abolition of torture as a legitimate means of
exacting confessions and advocated that the penalty should be proportionate to the
crime dictated by law as tersely summed up in his argument: "Let punishment fit the
crime."

Jeremy Bentham (1748-1832)

In his writings, Bentham - a British scholar and reformer and a graduate of
Oxford University. He founded the hedonistic concept of utilitarianism, which
assumes that all our actions are calculated in accordance with their likelihood of
bringing pleasure and pain. To explain this, he devised the pseudo-mathematical
formula called "felicific calculus," which views individuals as human calculators who
put all the factors into an equation before deciding whether a particular crime is
worth committing or not. He argued that to deter individuals from committing
crimes, the punishment, or pain, must be greater than the satisfaction, or pleasure,
he would gain from committing the crime.
One of Bentham's best-known contributions to criminology was his invention
of the "Panopticon, or the "Inspection House" which was envisioned as a circular
prison with a glass roof, featuring a central grand tower from which inspectors could
observe all cells located around the perimeter.

C. Neo-Classical Theory
This theory modified the doctrine of free will by stating that free will of men
may be affected by other factors and crimes are committed due to some compelling
reasons. These causes are pathology, incompetence, insanity or any condition that
will make it impossible for the individual to exercise free will entirely. This can be
traced in the later writings of Cesare Lombroso (1835- 1909) and in the writings of
his students, Enrico Ferri and Rafaele Garofalo. In the late 1960s, a resurgence of

18
neoclassical theory were observed in the writings of economist Gary Becker (1968),
James Q. Wilson (1983) and Ernest Van den Haag (1966).
This has been adopted into the Philippine legal system either as exempting or
mitigating circumstances as can be gleaned under Art. 12 (exempting circumstances)
and Art. 13, (mitigating circumstances) respectively, of R.A. 3815 or the Revised
Penal Code, as amended.
Minority is a factor which makes it difficult, if not impossible, for children to
exercise freewill entirely. As explained in one study, "children have limited
experiences and their capacities for judgment are still evolving. Many might not
make correct decisions especially when circumstances surrounding them fail to
provide proper guidance and support. Social factors have a strong impact on
whether children decide to engage in activities that will lead them to conflict with
the law."

D. Ecological Theory
The ecological school of criminological theory is referred to as Statistical,
Geographic or Cartographic. Human ecology, which is the focus of ecological theory,
deals with the interrelationship between human organism and their environment.
This theory was called statistical because it was the first attempt to apply official data
and statistics to the issue of explaining criminality. The labels geographical and
cartographic have been assigned due to the fact that writers in this group tended to
rely upon maps and aerial data in their investigation.

Quetelet [Lambert Adolphe Jacques Quetelet] (1796- 1874)

A Belgian mathematician, who, together with Frenchman Andre-Michel
Guerry, established the cartographic school of criminology. Quetelet was the first to
take advantage of criminal statistics in crime causation. In essence, he was the first
scientific criminologist by employing an approach to his subject matter that was very
similar to that of modern criminologists. He was thus credited as the "father" of
modern Sociological and Psychological Statistics. Quetelet repudiated the free will
doctrine of the classicists and concluded that it is the society, not the decisions of
individual offenders, that is, responsible for criminal behavior. He uncovered
evidence that season, climate, population composition, and poverty were related to
criminality. Further, he said that crime rates were greatest in summer, among the
poor and uneducated and that crime rates are also influenced by drinking habits.
Quetelet viewed age as the greatest predictor of crime, with crime peaking at age
25.

Andre M. Guerry (1883)

Published what many regard as the first book in "scientific criminology"
entitled "An Essay on Moral Statistics." Guerry was more cartographic in his
approach, relying exclusively on shaded areas of maps in order to describe or analyze
variations in French official crime statistics.

E. Economic Theory
Human behavior is shaped by interpersonal conflict and that those who
maintain social power will use it to further their own needs.

19
Karl Marx (1818-1883)
An economic determinist and an inspirational figure behind the economic
theory of crime. In his Communist Manifesto, Marx emphasized the economic basis
of societal conflict, which gave birth to the Economic School of Criminology. Further,
he insisted that the economic substructure determines the nature of all other
institutions and social relationships in society. In his view, the emergence of
capitalism produces economic inequality in which the proletariat (workers) is
exploited by the bourgeoisie (owners or capitalist class). This exploitation creates
poverty and also is the root of other social problems.

Willem Bonger (1876-1940)

A Dutch Philosopher, who is an early Marxist criminologist. His most noted
work was Criminality and the Economic Conditions which first appeared in 1916. He
said criminal law is primarily protecting the interests of the propertied class.

F. Positive Theory/Positivism
During the late eighteenth century, significant advances in knowledge of both
the physical and social world influenced thinking about crime. Positivism suggests
that human behavior is a product of social, biological, psychological or economic
factors. Proponents of positivism and evolutionism moved the field of criminology
from philosophical to a scientific perspective. From there, a more diligent search of
criminal behavior began.
Positive theorists were the first to claim the importance of looking at
individual differences among criminals. These theorists, who concentrated on the
individual structures of a person, stated that people are passive and controlled,
whose behaviors are imposed upon them by biological, psychological and
environmental forces. Auguste Comte (1844-1915), a French thinker, introduced
positivism who is also credited to having coined the term sociology. Comte proposed
the use of empirical and scientific investigation for the improvement of society.
There are three (3) basic premises of positivism, namely:
1. Measurement (quantification);
2. 2. Objectivity (neutrality);
3. 3. Causality (determinism).
Comte's approach was to focus upon the criminal actor rather than the
criminal act, a deterministic model (usually biological and psychological) and a belief
in the rehabilitation of sick offenders rather than punishment of rational actors.
Through the systematic application of the scientific method, the positivist seeks to
uncover the basic cause of crime and, once this is discovered, to prescribe
appropriate treatment in order to cure the individual criminal.
In the book "A System of Positive Polity," Comte proposed the use of
empirical and scientific investigation for improvement of society.
Corollary to positivism, trait theory argues that criminality is a product of
abnormal biological and/or psychological traits.
Three (3) Elements to the Positivistic Approach:
a) Application of the scientific method;
b) The discovery and diagnosis of pathology;

20
 c) Treatment (therapy or correction).
Positivists seek to uncover the basic cause of crime through the application of
the scientific method and then to prescribe appropriate treatments in order to cure
the individual deviant.

Precursor to Positivism
Before the advent of positivism human traits and behavior are predicted are
using the following pseudo-sciences, such as:
1. Astrology - This is the prediction of the fate of human behavior in terms of the
alignment of stars.
2. Phrenology - This is an attempt to determine intelligence and personality on the
basis of the size and shape of the skull and posited that certain areas of the brain
correspond to various psychological and intellectual characteristics. Franz Gall, an
Austrian Anatomist measured bumps on the head in order to identify brain
development.
3. Physiognomy - It involves the measurement of facial and other body
characteristics as indicative of human personality.
4. Palmistry - It concerns palm reading interpreting lines on the palm which to
predict future behavior.

Biological Positivism/School
An area of positivism which associates criminal traits or individual's evil
disposition to inherited genetic like physical disfigurement or impairment and other
biological causes.
The Evolutionary aspect biological positivism were shown by the following
theorists:
Johann Kaspar Lavater (1741-1801) - a Swiss theologian who studied
physiognomy and viewed that people's true characters and inclinations could be
read from their facial features. He studied the facial features of criminals to
determine whether the shape of ears, nose, and eyes and the distance between
them were associated with anti-social behavior.
Franz Joseph Gall (1758-1828) - born in Germany, he was a renowned
neuroanatomist and physiologist and a pioneer in the study of the localization of
mental functions in the brain. He developed cranioscopy, a method to study the
personality and development of mental and moral faculties based on the external
shape of the skull. Cranioscopy was later renamed as phrenology, the study that
deals with the relationship between the skull and human behavior.
Johann Kaspar Spurzheim (1776-1832) - a German phrenologist who was the
assistant of Gall and was the man most singularly responsible for popularizing and
spreading phrenology to a wide audience. With Gall, they studied the shape of the
skull and bumps on the head to determine whether these physical attributes were
linked to criminal behavior.
Samuel G. Morton (1799-1851) - an American physician and natural scientist
born in Philadelphia, Pennsylvania. He graduated from University of Pennsylvania
and had an advanced degree from Edinburgh University in Scotland. He developed
the idea of polygenism a theory of human origins positing that the human races are
of different lineages as opposed to monogenism, which posits a single origin of

21
humanity. Morton claimed that he could judge the intellectual capacity of a race by
the skull size. A large skull meant a large brain and high intellectual capacity, and a
small skull indicated a small brain and decreased intellectual capacity.
Charles Darwin (1809-1882) - a British naturalist who obtained a degree in
medicine from Edinburgh University and biology at Cambridge. He published the
book "Origin of Species," which put forth his concept that human beings, as part of
nature, evolved from other species over a long period of time and the evolution
occurs through variation, adaptation and natural selection.
Cesare Lombroso (1835-1909) who is considered as the Father Of Modern
Criminology due to his application of modern scientific methods to trace criminal
behavior. He received his degree in medicine from University of Pavia and his degree
in surgery from University of Genoa. He claimed that criminals are distinguishable
from non-criminals due to the presence of atavistic stigma - the physical features of
creatures at an earlier stage of development.
According to Lombroso, there are three (3) classes of criminals:
1. Born Criminals - individuals with at least five (5) atavistic stigmata;
2. Insane Criminals - those who are not criminals by birth; they become
criminals as a result of some changes in their brains which interferes with their
ability to distinguish between right and wrong;
3. Criminaloids - made up of an ambiguous group that includes habitual
criminals, criminal by passion and other diverse types.
Raffaele Garofalo (1852-1934) - an Italian nobleman, magistrate, senator,
and law professor who was credited to have coined the term criminology, which he
called "criminologia." He rejected the doctrine of free will and supported the
position that the only way to understand crime was to study it by scientific methods.
He traced the roots of criminal behavior not to physical features but to their
psychological equivalent which he referred to as moral anomalies.
Enrico Ferri (1859-1934) - he was a member of the Italian Parliament who
believed that criminals could not be held morally responsible because they did not
choose to commit crimes but was driven to commit them by conditions of their lives.
Earnest Hooton (1887-1954), a Harvard Anthropologist who in "Crime and
Man" (1939) claimed that, on the basis of a very detailed and extensive study of
physical differences between criminals and non-criminals, he had discovered the
causes of criminality physical inferiority. His twelve-year study of 14,000 prisoners
and 3,200 college students, firemen and others, led him to this conclusion.

Somatotype School of Criminology

A means of measuring variations in body types through which certain
physiological features have been claimed to be causative of crime and delinquency.
The advocates attempted to discover distinctive body types and relate them to crime
include Ernst Kretschmer, William Sheldon and Sheldon and Eleanor Glueck:
Ernst Kretschmer (1888-1964) - a German psychiatrist who studied
philosophy and medicine at the University of Tubingen. He attempted to correlate
body build and constitution with characters of temperamental reactions and
mentally. He distinguished thee (3) principal types of physiques:
1. Asthenic - lean, slightly built, narrow shoulders; their crimes are petty thievery
and fraud;

22
2. Athletic - medium to tall, strong, muscular, coarse bones; they are usually
connected with crimes of violence;
3. Pyknic - medium height, rounded figures, massive neck, broad face; they tend to
commit deception, fraud and violence.
William Sheldon (1898-1977) - he he analyzed and compared 200 boys in a
Reformatory in in Boston with 4,000 students, where he concluded that most
delinquents tended towards mesomorphy. According to him, a person's somatotype
is made up of the following three (3) components with corresponding
temperaments:
Type of Physique Temperament
Endomorphs - have heavy builds and Viscerotonic - generally relax and
slow moving. The body shape is soft and comfortable person, loves luxury and
round. essentially extrovert.
Mesomorph - have well-developed Romotonic - The personality is strong
muscles and an athletic appearance. The active, aggressive and sometimes violent.
body shape is hard and round.
Ectomorph - have small skeletons and Cerebrotonic - The personality is
weak muscles. The body shape is fragile introverted, hypersensitive intellectual.
and tin.

Sheldon and Eleanor Glueck (1959) found delinquents to be more

mesomophic than nondelinquents suggested that this body type may be more suited
to the delinquent role, while endomorphs were too slow and ectomorphs too frail to
occupy it.

Neurological
Criminals and delinquents often suffer brain impairment. Attention
deficit/hyperactivity and minimal brain dysfunction are related to antisocial
behavior.
Charles Goring (1870-1919) - in his book, The English Convict, he rejected the
theory of Lombroso that criminals are born by making comparative study of 3,000
jailed criminals against law-abiding citizens, where he established that non-criminal
people tended to have more atavistic traits.
Antonio Moniz - While the early phrenologists were convinced of their ability
to map areas of the brain, which controlled aspects of personality, modern attempts
to prove the brain were begun by the Portuguese physician Ontonio Moniz, who,
beginning in 1935, performed prefrontal lobotomies as a last resort for non-
responsive mental patients.

Genetic/Inheritance School
It has been viewed early that criminal behavior can be inherited. Advocates
of inheritance school traced the activities of several generations of families believed
to have an especially large number of criminal members.
Richard Louis Dugdale (1841-1883) - he was born in Paris in 1841. His parents
were English and came from an ancestry of much social distinction. He authored the
book entitled The Jukes, published by Putnam Publishing in New York, 1910. Dugdale
studied the lives of the members of the Jukes family. He claimed that since families

23
produce generations of criminals, they must have been transmitting degenerate
traits down the line.
Henry Goddard (1866-1957) - an American psychologist who supervised the
English translation of the complete "Binet and Simon IQ Test and was credited to
have coined the term moron. During his studies in 1920, he found that many
institutionalized persons were what he considered "feebleminded" (as exemplified
in the results of his study on the family tree of Martin Kallikak). His conclusion that at
least half of all juveniles were mental defectives was in accord with the argument
postulated by nature theorists.

Biochemical
Crime, especially violent, is a function of diet, vitamin intake, hormonal
imbalance, or food allergies.
Edward Wilson - In the 1970's ideas proposed by Edward Wilson (1975) in his
book "Sociobiology" attracted adherents. Basically, the sociobiological perspective
insists upon the genetic base of human behavioral differences. Individuals are born
with different potentialities; their reactions to their social environment are modified
by biochemistry and the cellular reactions of the brain. Each individual's unique
genetic code and nervous system react differently to the same environmental
stimuli.
Variables such as diet, environmental pollution, endocrine imbalance and
allergies have been claimed to have criminogenic influence. A further claim was
made that sugar consumption (too little or too much) is a causal agent in crime. Low
blood sugar (Hypoglycemia) also has been claimed to be linked to impaired brain
function and violent crime.
Explorations of endocrine imbalance have found an obvious connection with
sexual functioning, but no clear relationship with crime. Injection of the female
hormone (estrogen) has been found to decrease male potency. Dalton's study of
"Menstruation and Crime" found that nearly half of the crimes of her sample of
female inmates had occurred during menstruation or pre-menstruation.
Critiques of Early Biological Theories
It should be emphasized that there were criticisms against early biological
theories, among others, is the fact that "biological differences are likely to explain
only a minor proportion of criminal behavior compared with social and cultural
factors; many of these studies are based on small or inappropriate samples. Further,
Social Darwinists borrowed portion of the evolutionary theory and twisted them into
justifying class differences. They argued that the struggle for power and wealth was,
to use the words of sociologist Herbert Spencer, "a survival of the fittest."
Modern perspectives on Biological Determinism
The newest biological theories, which some advocates call biosocial theories,
focus on broad range of biological factors including genetic and environmental.
Brain Disorder- Modern attempt to probe the brain was conducted by
Portuguese physician Antonio Moniz beginning in 1935. He performed Prefrontal
Lobotomy (destruction of the frontal lobes of the brain) as a last resort for
nonresponsive mental patients. According to him, out of twenty mental patients,
fifteen showed some degree of improvement as a result of the operation.

24
 Twin Studies- The studies of twins and adoptees are ingenious ways of
attempting to address the "nature vs. nurture debate," that is, whether criminality is
inherited or learned. Such studies are after the fact in nature and begin with
criminals who have a twin and then attempts to find the other twin in order to
discover whether he or she is also a criminal. Such studies often also compared
monozygotic (MZ) with dizygotic (DZ) twins. Monozygoric (identical) twins are
produced by a single egg and therefore exhibit the same hereditary environment
while therefore dizygotic (fraternal) twins are produced by separate eggs and
portray less biological similarity.
In the study conducted by Dalgard and Kringlen (1975) of all twins in Norway
between 1900 and 1935 they concluded that the significance of hereditary factors in
in registered crime is non-existent. However, their study, as well as of those others,
found greater concordance (similar patterns with respect to criminality) among
monozygotic than dizygotic pairs. A review of studies conducted from 1929 to 1961
by Mednick and Volavka found roughly 60 percent concordance among monozygotic
twins and about 30 percent among dizygotic pairs.

Cyril Burt (1883-1971) - a British psychologist who published in 1965 the book, "The
Young Delinquent." He became known for for his pioneering work in educational
psychology and statistical analysis. He claimed that intelligence was primarily
inherited. He also conducted twin studies that claimed to prove the inherited nature
of intelligence. However, subsequent examination revealed that he fabricated some
of the data, though some of his works remained unaffected by this revelation.
Adoption Studies- The assumption underlying such studies is that, if behavior
of children more closely matches that of their biological parents than that their
adoptive parents, this would lend greater support to the argument of a biological
base of human behavior. Schulsinger (1972) for instance, found criminality in
adoptive boys to be higher when biological fathers had criminal records. Hutchings
and Mednick (1977) studied 1, 145 male adoptees with criminal records and found
the criminality of the biological father was a major predictor of the child's behavior.
XYY Syndrome - This theory held that the possession of an extra Y
chromosome caused males to be, among others, predisposed to aggressive and
violent behavior.

Psychological Positivism/School
This explains that psychological determinants define the behavior of a
person. Much of the early work on psychological positivism was based on Freud's
writings. It reflects psychological, psychiatric and psychoanalytic theory. The latter
includes a tripartite personality system consisting of id (instinctual drive), ego
(mediator) and superego (conscience). According to Freudian theory as applied to
criminology, the basis of deviance can be found in repressed sexual motivations
deeply hidden in the individual's subconscious. There were others however who
contributed to growth of psychological positivism.
Isaac Ray (1807-1881) - an acknowledged American psychiatrist who
popularized the concept of "moral insanity," in his book "A Treatise on the Medical
Jurisprudence of Insanity." Dr. J.C. Prichard (1786-1848) of England was credited
with being the first to use the term moral insanity. In 1835 Dr. Prichard wrote:

25
"There is a form of mental derangement in which the intellectual faculties [are
uninjured], while the disorder is manifested principally or alone in the state of
feelings, temper, or habits. . .The moral. . .principles of the mind. . . are depraved or
perverted, the power of self-government is lost or greatly impaired, and the
individual is. . .incapable. . .of conducting himself with decency and propriety in the
business of life." xxx This concept had also been acknowledged by Benjamin Rush
(1745-1813) - considered as the first American psychiatrist, who, in his 1812 book
"Medical Inquiries and Observations of the Mind," used the term "alienation of the
mind."
Incidentally, the Philippine jurisprudence had already recognized the concept
of moral insanity in the case of People vs. Medina, G. R. No. 113691, February 6,
1998 where the Court held: "[m]oral insanity results not from any disease of mind,
but from a perverted condition of the moral system, where the person is mentally
sane, however, does not exempt one from the responsibility for crimes committed
under its influence."
Sigmund Freud (1856-1939) he was born in Freiberg, Moravia, an Austrian
Empire (now Příbor of Czech Republic). Trained in Vienna as neurologist, Freud went
to Paris in 1885 to study with Jean-Martin Charcot, whose work on hysteria led Freud
to conclude that mental disorders might be caused purely by psychological rather
than organic factors. His collaboration in Vienna with physician Josef Breuer (1842-
1925) resulted in the development of some key psychoanalytic concepts and
techniques. Freud opined that "[t]he doctrines of resistance and repression, the
unconscious, the aetiological significance of a person's sex Life and the importance
of childhood experiences are the main building blocks of the theoretical edifice of
psychoanalysis.'
He divided personality into:
1. Id - This stands for instinctual drives, which represent our unconscious
biological needs for food, sex, and other life sustaining necessities including
aggression as well as primitive needs that are present at birth. This pleasure seeking
part of human personality is concerned about gratification of one's wishes.
2. Ego - This forms part of man's physical organization between his sensory
stimuli, on one hand, and his motor activity on the other. The ego operates on the
basis of expediency. This puts into action the desires or wishes of the id and the
questions of right or wrong, safe or dangerous, permitted or prohibited, do not play
an important role.
3. Super Ego - This is the moral aspect of people's personalities. This develops
as a result of incorporating within the personality the moral standards and values of
parents, community and significant others. This is also known as the conscience of
our personality.
Psychoanalytic adherents of Freudian theory view much criminality as
unconsciously motivated and often due to repression (hiding or sublimation into the
unconscious) of personality conflicts and unresolved problems experienced in the
early childhood.
Hagan (2013) said that while it had a profound impact on Western thought,
Freudian theory does it with the abstract notion of the human psyche, has not let
itself well with to empirical analyses and its hypotheses have neither been verified
nor refuted.

26
 Henry Maudsley (1835-1918) - he believed that crime is an outlet in which
their unsound tendencies are discharged and that offenders would go mad if they
were not criminals.
August Aichorn (1878-1949) - he published the book entitled, Wayward
Youth (New York, Viking Press, 1935). Aichorn argued that the cause of crime and
delinquency is the faulty development of the child during the first few years of his
life.
David Abrahamsen, M.D. - he published the book entitled, Crime and the
Human Mind in 1944. In this book, he explained that the cause of criminal behavior
is the result of criminalistic tendencies added by crime inducing situation and divided
by the person's mental and emotional resistance to temptation.
William Healy and Augusta Bronner - they authored the book entitled
"Delinquency and Criminals: Their Making and Unmaking" (New York, Mc.Millan
Publishing, 1926). They claimed that correlation existed between innate low
intelligence and deviant behavior. Their argument was in accordance with the nature
theory, which argues that intelligence is largely determined genetically, that ancestry
determines IQ, and that low intelligence is linked to criminal behavior. They claimed
that crime is an expression of the mental content of the individual; frustration of the
individual causes emotional discomfort and personality demands removal of pain
and the pain is eliminated by a substitute behavior, that is, the criminal behavior of
the individual.
Dr. Walter Bromberg. - In his book "Crime and the Mind" published in 1948,
he claimed that criminality is the result of emotional immaturity. According to him, a
person is emotionally mature when he has learned to control his emotion effectively
and who lives at peace with himself and in harmony with the standards of conduct
which are acceptable to the society. An emotionally immature person rebels against
rules and regulations and tends to engage in unusual activities and experiences a
feeling of guilt due to inferiority complex.
Hans Eysenck (1964-1977) - German-born British psychologist who
developed the trait theory of personality that identified three basic dimensions of
personality as neuroticism, extraversion and psychoticism.
1. Extraversion - people characterized as sociable, active, have many friends,
lively, sensation-seeking and prefers talking rather than being alone. Extroverts like
to take risks, crave excitement and can act on the spur of the moment, thus they are
generally fair impulsive. The opposite of the extraverts are the introverts who are
quiet and enjoy their own company. They prefer books to people, have fewer friends
but sustain deeper relationships and somewhat serious and like a structured, orderly
life.
2. Neuroticism - (or instability) people characterize as anxious, depressed and
react very strongly to aversive stimuli, have feelings of guilt, low self-esteem,
tenseness, irrationality, being being shy and moody, and emotional. The opposite of
this is stability which has the absent of the factors of being instable.
3. Psychoticism - people characterize as aggressive, antisocial, cold,
egocentric, have an impersonal attitude, impulsivity, and lack of empathy, creativity
and tough- minded attitudes.
Eysenck's Biological Trait theory to Criminal Behavior postulated that certain
biologically based personality features that are inherited are more prone to

27
antisocial behavior when they interact with various socialization processes. He
further proposed that, combined with our autonomic and central nervous system
characteristics, these biological factors affect our responsiveness to punishment and
our predisposition for antisocial behavior and experiences (Boree, 1998; Hollin,
1992; Holman & Quinn, 1992).
In 1982, Gray and Gray and Cloninger proposed updated versions of the Eysenck
model in which the three personality factors are rotated and renamed (Link &
Mealey, 1992). Gray names the three systems: (1) the approach, or, behavioral
activation system, (2) the behavioral inhibition system, and (3) the flight/fight
system; Cloninger names them (1) novelty-seeking, (2) harm-avoidance, and (3)
reward-dependence. The three factors explain the same variance in personality as
Eysenck's original dimensions and have been shown to be independent and highly
inheritable. In addition to corresponding to brain function, these three factors were
proposed to parallel the activity of three brain chemicals: (1) dopamine for
behavioral activation (or novelty-seeking), (2) serotonin for behavioral inhibition (or
harm avoidance), and (3) norepinephrine for fight/flight (or reward dependence).
[Link & Mealey, 1992].
B.F. Skinner in his book Science and Human Behavior (1953) views behavior as
primarily a response to consistent conditioning conditioning or learning reinforced
through expected rewards and punishments.
Albert Bandura's (1973) social learning theory looks at the thought processes of the
person and external sanctions. By observing others, individuals "learn" how to
engage in aggression. This might include exposure to aggressive models, aversive
treatment by others, or positively anticipating participation in such actions. The
reinforcement or punishment of such actions in important (Cullen & Agnew, 2003).
Samuel Yochelson and Stanton Samenow a psychiatrist and Samenow, a clinical
psychologist respectivley, in 1976, on the basis of a 14-year therapeutic work with
240 hard-core criminal and delinquent subjects at St. Elizabeth's Hospital for the
criminally insane in Washington, D.C., claim to have challenged prevailing
sociological and economic theories of crime causation. They argued that
socioenvironmental constraints on individual criminality are irrelevant, that there is
is a "criminal personality," and that such individuals freely choose to become
criminal. Feeling that their criminal patients were conning them by using current
theories in the social sciences to rationalize their criminality, they claimed that
criminals were victimizers of society rather than its victims.
Yochelson and Samenow proposed the following points as therapeutic
treatment techniques rather than a theory of crime causation:
 The criminal personality is imprinted at birth and is relatively unaffected by the
family;
 Criminal personalities seek the excitement of crime
 They are exploitative and selfish in interpersonal relationships;
 They are amoral, untrustworthy, intolerant of others, and manipulative; lack
empathy; and are in a pervasive state of anger;
 They lack trust and refuse to be dependent;
 In all, Yochelson and Samenow claimed to have discovered 52 criminal thinking
patterns.

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G. Major Sociological Theories of Crime Causation
Anomie Theories
Emile Durkheim (1858-1917) one of the founding scholars of sociology, he published
the book entitled, "Division of Social Labor," which became a landmark work on the
organization of societies. According to him, crime is a normal part of society as birth
and death. He held that the existence of crime paves the way for social change and
that a rising crime rate can signal the need for social change and promote a variety
of programs designed to relieve the human suffering caused by crime.
1. The works of Durkheim represented a return to the thinking and
orientation of the statistical/ecological theories advocated by Quetelet and Guerry,
which had been affected/ sidelined by the popularity of Lombroso and the biological
positivists.
2. One of his profound contributions to contemporary criminology is the
concept of anomie - the breakdown of social order as a result of loss of standard and
values.
3. The term anomie appeared in the English language as early as 1591 and
1591 and generally referred to as a disregard for law (V. Fox, 1976, p. 115). Anomie,
from the Greek anomia ("without norms"), as used by Durkheim involves a moral
malaise, a lack of clear- cut norms with which to guide human conduct
(normlessness). This may be a pervasive condition as there is inability of people to
internalize norms, to adjust to changing norms, or even conflict within the norms
themselves.
Merton's Theory of Anomie - Robert Merton's theory of anomie appeared in 1938
in an article entitled "Social Structure and Anomie." He viewed anomie as a condition
that occurs when discrepancies exist between societal goals and the means available
for their achievement. That discrepancy between aspirations and its achievement,
which he called "strain" resulted to Merton conceptualizing "strain theory."
According to Merton, in reality, the opportunities or means of achieving success are
not available to all.
The Chicago School - The works of Shaw and Mckay were greatly greatly influenced
by the researches on sociological positivism begun by Robert Ezra Park (1864-1944),
Ernest W. Burgess (1886-1966), Louis Wirth (1897-1952) of the Sociology
Department of the University of Chicago. According to Park, "the various contacts of
racial and ethnic groups in the city often leads to competition for status and space,
as well as conflict xxx."
Social Structure Theories - These theories view that the disadvantaged economic
condition of the people is the primary cause of crime.
1. Social Disorganization Theory - This theory focuses on the conditions
within the urban environment that affect crime rates. Under this proposition, crime
rates are linked to neighborhood ecological characteristics. It views crime-ridden
neighborhoods as those in which residents are uninterested in community matters,
therefore, the common sources of control family, school, church are weak and
disorganized. Sometimes, this is called differential social organization. This theory
was popularized by two Chicago sociologists, Henry D. Mckay and Clifford R. Shaw.
They contended that criminals are not biologically inferior, intellectually impaired, or
psychologically damaged. To them, neighborhood denigration and slum conditions
are the primary causes of criminal behavior. Shaw and Mckay focused on the

29
functions of social institutions, such as the school and the family, and how their
breakdown influenced deviant and anti-social behavior.
-
2. Strain Theory - The roots of strain theory can be traced to Emile
Durkheim's concept of anomie. To him, in an anomic society, the rules of behavior
have broken down by reason of rapid social change or social crisis like war and
famine. Meanwhile, although Robert Merton adopted the concept of anomie, he
deviated from Durkheim's rapid social change or social crisis as the cause of anomie.
Merton argues that crime is a function of the conflict between the goals people have
and the means they can use to legally obtain them. Accordingly, the ability to obtain
goals is class dependent, which means that members of the lower class are unable to
achieve those goals which come easy to those belonging to the upper class. The
result of the lower class frustration, anger, and resentment is referred to as strain.
According to Merton's theory of anomie, anti-social behavior (crime) is
produced by the very values of the society itself in encouraging high material
aspirations as a sign of individual success without adequately providing approved
means to reach all these goals. This discrepancy between goals and means (strain)
produces various "modes of personality adaptation," different combination of
behavior in accepting or rejecting the means and the goals.
Merton described five possible modes of personality adaptation that
represent types of adjustments to societal means and goals:
a. Conformist - accepts the goals of success in society and also the socially
approved means of achieving this status, such as through hard work, education,
deferred gratification and others.
b. Innovator - accepts the goals of success but rejects or seeks illegitimate
alternatives to the means of achieving these aims. Criminal activities such as theft
and organized crime could serve examples, although socially acceptable activities
such as inventing could also provide illustrations.
c. Ritualist - is illustrated by the "mindless bureaucrat" who become so
caught up in rules and means to an end that he or she tends to forget or fails to
place proper significance on the goals.
d. Retreatist - represents a rejection of both socially acceptable means and
ends.
e. Rebel - rejects both means and goals and seeks substitute alternative
societal goals as well as new methods of achieving them, such as through
revolutionary activities aimed at introducing change in the existing order outside
normal, socially approved channels.
3. Cultural Deviance Theory - is a combination of both strain and social
disorganization theories. This argues that in order to cope with with social social
isolation and and economic deprivation, members of the lower class create an
independent subculture with its own set of rules and values. The sub-culture of the
lower class is an attractive alternative because they find it impossible to meet the
behavioral demands of the middle-class society. The idea that the lower class
develops a sub-culture by reason of strain can be traced to the work of Thorsten
Sellin, who, in 1938 published the book Culture Conflict and Crime. Later, Walter
Miller in his classic paper, "Lower Class Culture as a General Milieu of Gang
Delinquency," discovered that clinging to lower class value system promotes illegal

30
or violent behavior. In 1955, Albert Cohen in his book, "Delinquent Boys" theorized
that because social conditions make them incapable of achieving success success
legitimately, lower class youths experience a form of culture conflict which he called
status frustration.
In the book, "The Subculture of Violence" published in 1967, Marvin E.
Wolfgang and Franco Ferracuti Ferracuti explained the term subculture as "culture
within a culture." This exists among some ethic and lower-class groups and
demonstrates favorable attitudes toward the use of violence as a means of resolving
interpersonal grievances. Resort to physical violence are culturally expected as a
defense of status or demonstration of courage or daring posture.
Social Process Theories - These view that criminality is a function of people's
interest with various organizations, institutions, and processes in the society. There
are three (3) branches of social process theory: social learning; social control; and
social reaction theories.
1. Social Learning Theory - This believes that crime is a product of learning
the norms, values and behaviors associated with criminal activity. It is viewed under
this concept that human behavior is modeled through observation of human social
interactions. Gabriel Tarde (1843-1904), the forerunner of modern-day learning
theories, conceptualized the theory of imitation, which states that people learn from
one another through the process of imitation.
2. Differential Association Theory - This theory, formulated by Edwin
Sutherland (1883- 1950) believes that criminality is a function of a learning process
that could affect any individual in any culture.
Sutherland made the following outline:
 Criminal behavior is learned;
 Criminal behavior is learned in interaction with other persons in in a process
of communication;
 the principal part of learning of criminal behavior Occurs within an intimate
personal group;
 when criminal behavior is learned, the learning process includes: techniques
of committing the crime which are sometime very simple, the specific
direction of motives, drives, rationalization and attitudes;
 the process of learning criminal behavior by association with criminal and
anti-criminal patterns involves all of the mechanisms;
 the process of learning criminal behavior by association with criminal and
anti-criminal patterns involves all of the mechanism that are involved in any
other learning.
Differential Association Theory is not focused on the origin of crime in society
but rather concentrates on the transmission of criminal behavior. It is a soft
determinism in a sense that exposure to criminal group is not a cause of crime but
influences individuals to criminal activity or causes them to view crime more
favorably.
3. Differential Reinforcement Theory - This theory was proposed by Ronald
Akers with Robert Burgess in 1966. This variation of social learning theory argues
that the primary learning mechanism is through differential association
(instrumental conditioning) along with elements of psychological learning theory.
Akers said that learning process, both for conforming and deviant behavior, is

31
through direct conditioning, which is also called differential reinforcement. This
occurs when behavior is reinforced by either reward or punishment. When
behavioris punished, this is referred to as negative reinforcement. When a behavior
is rewarded it is called positive reinforcement.
4. Neutralization Theory - As proposed in the writings of David Matza and
Gresham Sykes, they viewed the process of becoming criminal as a learning
experience in which potential delinquents and criminals master techniques that
enable them to counterbalance or neutralize conventional behavior. They held that
offenders adhere to conventional values while "drifting" into periods of illegal
behavior. Drift refers to the movement from one extreme behavior to another,
resulting in behavior that is sometimes unconventional, free or deviant and at other
times constrained and sober.
Matza held that although human behavior is determined to some extent by
outside forces, there still exists an element of free will or individual responsibility.
Humans, according to him, are neither entirely constrained nor entirely free, nor is
the individual entirely committed to delinquent or nondeliquent behavior.

Social Control Theory - It argues that people obey the law because behavior and
passions are being controlled by internal and external forces. Conversely, some
people have self- control, manifested through a strong moral sense, which renders
them incapable of hurting others and violating social norms. People's behavior,
including criminal activity is controlled by their attachment and commitment to
conventional institutions, individuals, and processes. Absent that commitment, they
are likely to engage in deviant behavior.
Under the concept of social control theory, Walter Reckless postulated in his
"Containment Theory" that a strong self-image insulates the youth from the
pressures and pulls of crimogenic influences in the environment.

Social Bond Theory - (also called social control theory). In 1969, Travis Hirschi
presented in his book "Causes of Delinquency" the social bond theory - linking the
onset of criminality to the weakening of ties that bind people in the society. He said
that people are kept under control because they fear that illegal behavior will
damage their relationship with friends, parents, neighbors, teachers and employers.

Social Reaction Theory - This theory, which is also called labeling theory, holds that
people enter into law-violating careers when they are labeled for their acts and the
individuals so labeled come to see themselves as criminals. This concept was made
popular by Howard Saul Becker (born on April 18, 1928) in Chicago, Illinois. In 1963,
Becker published the book, "Outsiders," while teaching at the Department of
Psychiatry of University of Columbia, NY. Historically, intellectual heritage of labeling
is traceable to W.I. Thomas, G.H. Mead and Frank Tannenbaum. Later, Edwin M.
Lamert made a contribution on the subject as well.

H. Developmental Theory/Multiple Factors

This seeks to identify, describe, and understand the developmental factors
that explain the onset and continuation of criminal career. Rather than look at a
single factor, such as poverty and/or low intelligence, and suggest that people who

32
maintain this trait are predisposed to crime, developmental theorists attempt to
provide a more global vision of criminal career including its onset, continuation and
termination.

Developmental theories intervened personal factors such as personality and

intelligence, social factors such as income and neighborhood, socialization factors
such as marriage and military service, cognitive factors such as information
processing and attention/perception and situational factors such as criminal
opportunity, effective guardianship, and apprehension risk, into a complex
Multifactor explanation of human behavior.
Developmental theorists attempted to know not only why people enter
criminal way of life, but also why, once they do, some are able to alter the trajectory
of their criminal involvement.

Distinct Groups of Developmental Theories

1. Life Course Theory
Life course theory refers to the analytical perspectives which study the
cumulative effects of static and dynamic features of social contexts on people's lives,
e.g., their development and behavioral continuity (see Elder, 1998; Elder and
Shanahan, 2006). Life course explanations of crime suggest that people's crime
involvement is continually activated, sustained and changed by their social contexts
(e.g., their exposure to different kinds of people and/or environments under
different circumstances (SAGE Dictionary, 3rd Ed., citing Elder and Shanahan, 2006;
Sampson and Laub, 1997).
Life Course Criminology is the study of these events and roles (transitions and
trajectories) and their relation to stability and change in crime involvement.
Life Course Theory views criminality as dynamic process, influenced by a
multitude of individual characteristics, traits and social experiences. As people travel
through the life course they are constantly bombarded by changing perceptions and
experiences and as a result their behavior will change directions, sometimes for the
better and sometimes for the worse.
Changes are influenced by the family, job, peer influence and behavior. Life
Course Theories have four various models, such as: (1) Social Development Model
(SDM) by Joseph Weis, Richard Catalano, J. David Hawkins and their associates who
claimed that weak social controls produce crime. A person's place in the structure
influences his or her bond to society; (2) Farrington's Theory of Delinquent
Development by David Farrington who found out that personal and social factors
control the onset and stability of criminal careers; (3) Interactional Theory by
Terence Thornberry who proposed that criminals go through lifestyle changes during
their offending careers; and (4) Age-graded Theory by Robert Sampson and John
Laub who claimed that as people mature, the factors that influence their propensity
to commit crime change.
2. Latent Trait Theory
Latent Trait Theory holds that human development is controlled by a "Master
Trait" consisting of personality, intelligence and genetic make-up present at birth.
Other criminologists believe that this master trait remains stable and unchanging
throughout a person's lifetime whereas others suggest that it can be altered,

33
influenced, or changed by subsequent experience. In either event, as people travel
through their life course this trait is always there directing their behavior.

CHAPTER V
RESEARCH AND CRIMINOLOGICAL THEORIES
Research may be defined as the scientific investigation of phenomena, which
includes collection, presentation, analysis, and interpretation of facts that links
person's speculation with reality. Research that focuses on issues related to the
causes and consequences of crime, delinquency, and victimization, as well as the
operation of the criminal justice system, with an emphasis on police, courts, and
corrections is known as criminological research. While a system of ideas formulated
with the intention to explain a certain phenomenon, define a set of principles in
which practice is based is known as a theory. Research in Criminology and Criminal
Justice
Research evidence is very important to the development of criminal justice
decision-making. Through well-designed and implemented research, the government
can better explore the impact of policies, programs, and daily practices; it can "see if
they work," for example if they reduce crime.

A. Theories in Criminological Research

Theories are used to explain certain conditions and events in society. It help
organize knowledge, understand what we have already observed and why it
occurred, and highlight gaps in knowledge. Also, it helps direct research, filter which
data is relevant to the study and which data is not, build frameworks to develop
schools of thought and formulate ideologies. Consequently, the following are the
larger role of theory in criminological research:
1. They help us explain or understand things like why some people commit
crimes or more crimes than others, why some people quit and others continue, and
what the expected effect of good families, harsh punishment, or other factors might
be on crime.
2. They help us make predictions about the criminological world: "What
would be the expected effect on the homicide rate if we employed capital
punishment rather than life imprisonment?" "What would be the effect on the rate
of property crimes if unemployment were to substantially increase?"
3. They help us organize and make sense of empirical findings in a discipline.
4. They help guide research.
5. They help guide public policy:
"What should we do to reduce the level of domestic violence?"
Social scientists, such as criminologists, who connect their work to theories in
their discipline can generate better ideas about what to look for in a study and
develop conclusions with more implications for other research. Building and
evaluating theory are therefore among the most important objectives of a social
science like criminology.
Theory is defined by its ability to explain why certain things happen or why
certain things do not happen as well as provide a frame work that we base our
actions according to.

34
 The question of what makes a good theory is important to consider when a
theory is use for research purposes. A good theory should be a composition of well-
defined concepts that allows practicality and can be put into use. Good theories are
clear and specific. A good theory should be simple however simplicity is sensitive and
we ought to be care when we create simple theories as the world is very complex,
over simplification can lead to a theory losing meaning and validity. A good theory
should be believable, reasonable and logically consistent. Good theories should
contain a level of testability and falsifiability.
The nature of research is one that is continuous therefore theories also have
to be adaptive. Within some discipline theories are developed. In social sciences like
criminology, theories can be adjusted in order to meet the new requirements of the
changing world and to meet new social research standards. The process of theory
development begins with with a theory or theories that are tested empirically,
existing knowledge, experience and/or observation is used when testing theories
empirically.
The empirical test may lead to a hypothesis allowing for a research to be
conducted. At this point some hypotheses are confirmed and others are rejected,
the theory is then adapted to make changes as per research results.
Theories are constantly going through a process of evolution. This is as a
result of a rapidly changing world, theories that can no longer explain the reality of
the modern world are either faced with the challenge to modernize and adapt or be
neglected by the academic and social arena.
Theories involve attempts to develop reasonable explanations of reality. They
are They are efforts to structure, summarize, or explain the essential elements of the
subject in question. They provide testable propositions, which we then use research
methods to examine.

B. Theory-Empirical Data Connections

All social research, including criminological research, is the effort to connect
theory and empirical data, the evidence we find in the real world. Theory and data
have a two-way, mutually reinforcing relationship. Research that begins with a
theory implying that certain data should be found involves deductive reasoning,
which moves from general ideas (theory) to specific reality (data). In contrast,
inductive reasoning moves from the specific to the general.
Both deductive reasoning and inductive reasoning are essential to
criminologists. We cannot test an idea fairly unless we use deductive reasoning,
stating our expectations in advance and setting up a test in which our idea could be
shown to be wrong (falsified). A theory that has not survived these kinds of tests can
be regarded only as very tentative. Yet theories, no matter how cherished, cannot
make useful predictions for every social situation or research research problem that
we seek to investigate. Moreover, we may find unexpected patterns in the data we
collect, called serendipitous findings or anomalous findings. In either situation, we
should reason inductively, making whatever theoretical sense we can of our
unanticipated findings. Then, if the new findings seem sufficiently important, we can
return to deductive reasoning and plan a new study to formally test our new ideas.

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 Consequently, criminological theory building consists of the following steps,
namely: observance of correlation; formulation and raising of questions about
causes; proposal of theories; understanding of theories; theory-based hypothesis
development; testing of hypothesis; and theory-based social policy results.

C. Criminology Research Methods

Research methods are procedures for obtaining information on individual
and/or aggregate phenomena for the purpose of (1) creating a general explanation
or theory to explain a phenomenon; (2) testing the applicability of an existing theory
to a subgroup of the population; or (3) testing the effectiveness of an existing social
policy or program.
Creating a general explanation or theory to explain a phenomenon and
testing the applicability of an existing theory to a subgroup of the population are
critical to the dialectic of scholarly knowledge in criminology and criminal justice.
Somewhat unique to the field of criminal justice, however, is a heavier
emphasis on testing the effectiveness of an existing social policy or program as a
product of research.
The phenomena of primary interest to Criminologists include juvenile
delinquency, adult criminality, and victimization, at both the individual and
aggregate levels.
The interests of criminal justice researchers appear more eclectic, only a few
of which include police practices and effectiveness, the dynamics of criminal case
processing, sentencing discrimination, inmate violence, and correctional program
effectiveness.

D. Research Methods in Criminology and Criminal Justice

The methods employed in criminological and criminal justice research are
identical to those in the behavioral and social sciences in general.
A critical assumption underlying the use of these procedures involves the
belief in an objective reality, or a world that different people perceive in similar
fashion. Related to this assumption is that such a reality can be studied objectively.
The perspective that individual and social processes can be studied dispassionately
or scientifically is referred to as positivism.
Not all criminologists share the positivist perspective. For example, any effort
to derive a social psychological theory of criminality relies on the idea that social
processes operate uniformly across most (if not all) individuals. One might argue,
however, that such uniformity does not exist, due to individual differences in
perceptions of these processes.

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 Ethnomethodology involves the perspective that all realities are socially
constructed. From this perspective, individuals perceive their world in terms of how
it makes sense to them, thus introducing different perceptions of reality that may
not be reconcilable.
The pieces of information that are gathered and examined during the course
of research are referred to as DATA, which may be either qualitative or quantitative
in form. Both forms of information may be gathered through observations of the
phenomena under study, and quantitative information may also be compiled
through survey research or a review of archival data.
Qualitative observations are recorded by researchers as verbal statements
that describe particular processes and outcomes, whereas quantitative observations
consist of pieces of information recorded in numerical form.
Both qualitative and quantitative methods are useful for theory development
and testing, although a heavier emphasis in criminology and criminal justice appears
to be placed on QUALITATIVE RESEARCH for theory development versus
QUANTITATIVE RESEARCH for theory/hypothesis testing and program evaluation.
Many investigators use both approaches in a single study, however, because findings
from each serve as a check on the other.
Ethnography is used to refer to a qualitative study of a social group or (sub)
culture in which a researcher compiles a detailed description of processes and
outcomes related to the phenomenon of interest. An example of ethnography would
be a study of prison inmate social systems and adaptation to incarceration in a
particular prison. A penologist might make observations about the types of inmates
that exist in that prison and how they interact with each other in order to
understand, for example, why some inmates adapt to incarceration more easily than
others. This information could then be used to create a general theory of inmate
behavior that extends beyond the specific prison to all similar inmate populations.
Critical to the success of such an endeavor is the researcher's objectivity in making
and recording his or her observations regarding inmate behaviors.
A quantitative study involves gathering information and attaching numerical
values to each piece. Unlike qualitative research, where a researcher remains open
to new information, the types of information gathered from a quantitative study are
determined before data collection begins. This is one reason why quantitative
research is used primarily for theory/hypothesis testing, because such research
involves collecting information that has already been described in a specifically
worded hypothesis derived from a testable theory.
Quantitative research can be used for theory development when the theory
of interest focuses on the causal order of events and behaviors rather than the
substance of those events/behaviors. Even then, however, the application is usually
limited to reducing the number of possible orders rather than pinpointing the exact
causal model.
More steps are typically involved in quantitative research designed to test a
theory/ hypothesis compared to qualitative exploratory research for the purpose of
theory construction.
The research design of such a quantitative study always falls into one of
three broad types: experimental, quasi experimental, and non experimental or
correlational. These groupings reflect differences in methodological rigor, or the

37
ability of a study to establish the causal order of events (which is relatively rare in
criminological and criminal justice research).

Steps in the Application of Quantitative Research in Criminology and

Criminal Justice:
1. Begin with a theoretical model (paradigm) of interest, which, in
criminology, often involves a general perspective of a social, political, and/or
economic process. For example, a "conflict paradigm'' involves as the perspective
that many social problems such discrimination, poverty, environmental pollution,
and crime in a capitalist society are consequences of economic (and thus power)
conflicts between groups.
2. The theoretical paradigm selected at step 1 is applied to a particular aspect
of society. For example, a conflict criminologist is only concerned with the part of the
conflict perspective that explains crime in a capitalist society.
3. Theories involve theoretical, or abstract, concepts (e.g., "'economic
power'' and "'crime''). In order to test a theory, one must be able to transform the
theoretical concepts into operational definitions that are directly observable and
measurable (e.g., "'economic power'' may be operationalized as gross annual
household income). These definitions are then placed into a hypothesis, or a
proposition that describes the predicted (hypothesized) relationship between the
variables (e.g., persons with lower household incomes are more likely to be
arrested). Any test of a theory actually involves a test of a specific hypothesis
stemming from a general theory, and so the specific nature of any hypothesis means
that a theory can never be tested directly. It is always possible that the measures
tested do not accurately reflect the 'true' theoretical concept. This is why such
measures are constantly being refined.
4. A researcher then plans the data collection that is required for the
hypothesis test(s), involving the determination/selection of the (a) target population,
or the population to which the results will be generalized, (b) units of analysis
reflected in each hypothesis (individuals,
organizations,
cities, counties, etc.), (c) time dimension to be reflected in the data (e.g., one
point in time versus two or more points in time), (d) research design (based on the
hypothesis and the level of rigor desired, such as matched pairs, factorial, pretest
posttest, time series, etc.), (e) sample that represents the target population (using
one of a number of probability sampling techniques such as simple random
sampling, systematic random sampling, sampling proportionate to size, etc.), (f) data
collection instrument for compiling and coding the information (such as with a
survey questionnaire), and (g) procedures for gathering information (telephone,
mail, face to face, reviewing archival data, etc.).
5. The data collection phase consists of completing/obtaining completed
instrument for all cases in the sample.
6. With the data compiled, the information should be checked for accuracy
during the recording procedures. Computers are used for the purpose of data
cleaning.
7. The data are examined in order to test each research hypothesis. This step
involves the computation of statistics that help to summarize large quantities of data

38
in order to test the hypotheses of interest and to describe the empirical relationships
involved. Like the data collected for a study, statistics are also pieces of information,
although they are designed to help make sense out of the data collected. It is up to
the investigators, however, to apply and to interpret these statistics correctly in
order to derive accurate conclusions regarding their data.
The use of quantitative methods for criminological and criminal justice
research has steadily increased since the 1940s, due in part to the growing number
of techniques, the availability of technology which facilitates data collection and
analysis, and the proliferation of graduate programs and methods courses in the
field. Ethnography remains a more powerful tool for theory construction, however,
and many scholars place a high priority on combining the qualitative and
quantitative.
The growing popularity of quantitative research has been met with resistance
on the part of some qualitative researchers. Some individuals believe that the
inability to numerically measure and evaluate many of the key concepts and
processes that are critical to the field will produce misleading information regarding
the validity of these ideas. When faced with having to operationalize highly abstract
theoretical concepts, researchers can only measure observable proxies for the
concepts of interest. These proxies may not capture the full essence of the original
idea, as when researchers use structural attributes such as as the poverty rate or the
unemployment rate to proxy the more complex process of structurally induced
strain. This problem is exaggerated when a researcher does not fully understand the
theoretical concepts and/ or the procedures and limitations of complicated statistical
techniques used in order to examine the data. The current state of graduate
education in criminology and criminal justice programs contributes further to
concerns over knowledge destruction, since these programs are often void of
courses in theory construction and offer a very limited number of courses in research
methodologies.
Some of the more common problems in extant criminological research
include a lack of objectivity in theory construction, model misspecification, which is
often due to poor conceptualization of the relevant theories, poor operationalization
of concepts, inappropriate units of analysis, inappropriate samples for the target
populations, and misapplications of statistical techniques.

CHAPTER VI
CRIME TYPOLOGIES
Regardless of the reason why person commits crime, their acts are defined by
law as falling into crime categories. Our book of crimes, the Revised Penal Code,
classified it into fourteen titles such as: crimes against national security and the law
of nations; crimes against the fundamental laws of the state; crimes against public
interest; crimes relative to opium and prohibited drugs, crimes against public morals,
crimes committed by public officers, crimes against persons; crimes against personal
liberty and security; crimes against property; crimes against chastity; crimes against
the civil status of persons; crimes against honor; and quasi offenses. Moreover, there
are crimes punishable by special laws to supplement the Revised Penal Code.

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 In the criminological perspectives, criminal behaviors are grouped into their
focus and consequences which we referred to as crime typologies, such as violent
crimes, enterprise crimes, organized crimes and public order crimes.

A. CRIME TYPOLOGIES
1. Violent Crimes
There are number of competing explanations for violent behavior. Writers
such as Konrad Lorenz and Robert Ardrey argue that humans have a killer instinct;
and violence or aggression are inherently human traits that can affect any person at
any time; some said that violence-prone individuals may themselves have been the
victims of physical or psychological abnormalities; and some claimed that there are
violence-prone subcultures within society whose members value force and consider
violence to have an acceptable place in social interaction.
Most Prominent Explanations for Violent Behavior
a) Personal Traits
b) Ineffective Families
c) Substance Abuse
d) Human Instincts
e) Regional Values
f) Ganging
g) Cultural Values
h) Weapons Availability

Typology of Offenders (John Conrad)

a) Culturally Violent Offenders - Individuals who live in subculture in which
violence is and acceptable problem solving mechanism. This is prevalent among
lower income minorities from slum environments of large central cities.
b) Criminally Violent Offenders - Offenders use violence as a means of
accomplishing criminal act, such as in robbery.
c) Pathologically Violent Offenders - Mental illness or brain damage
characterizes the pathologically violent offenders.
d) Situationally Violent Offenders - offenders commit acts of violence on rare
occasions, often under provocation. These incidents are often described as crimes of
passion in which the individual temporarily loses control and often express regret for
the action later.

Patterns and Trends in Violent Crime

1. Violent crime is primarily a phenomenon of large cities.
2. Violent crime in the city is overwhelmingly committed by males.
3. Violent crime in the city is concentrated among youths.
4. Violent crime in the city is committed primarily by individuals at the lower end of
the occupational scale.
5. Violent crimes in the city stems disproportionately from the ghetto slum where
most low incomes live.
6. The victims of assaultive violence in the cities generally have the same
characteristics as the same offenders: victimization rates are generally highest for
males, youths and poor persons.

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7. Unlike robbery, the other violent crimes of homicide, assault, and rape tend to be
acts of passion among intimates and acquaintances.
8. By far, the greatest proportion of all serious violence is committed by repeaters.
9. People generally are no strangers to violent crimes.

Mass Murder and Serial Killing

Serial killer and mass murderers are two different violent offenders. The
former operates over a long period and can be distinguished from mass murderers
for the later kill many victims in a single violent outburst.

Types of Serial Killers (Jack Liven and James ALLan Fox)

a) Thrill Killers - These killers strive for either sexual sadism or dominance. This is the
most common form of serial murderer.
b) Mission Killers - These killers want to reform the world or have a mission that
drives them to kill.
c) Expedience Killers - Killers who kill out for profit or want to protect themselves
from a perceived threat.

Types of Mass Murderer (Jack Liven and James Allan Fox)

a) Revenge Killers - These killers seek to get even with individuals or society at large
b) Love Killers - Motivated by warped sense of devotion. They are often despondent
people who commit suicide and take others, such as a wife and children with them.
c) Profit Killers - Usually trying to cover-up a crime, eliminate witnesses, and carry
out a criminal conspiracy.
d) Terrorist Killers - Killers who are trying to send a message. Gang killings tell rivals
to watch out; cult killers may actually leave a message behind to warn society about
impending doom.

Rape as Violent Crime

Rape is derived from the Latin word "Rapere" which means to take by force,
often perceived primarily as a sexually-motivated act. However, upon the enactment
by the Philippine Congress of RA 8353, otherwise known as the Anti Rape Law of
1997 amending the Revised Penal Code, rape is now identified primarily as a violent
act in which sexual relations are merely a means of expressing violence, aggression
and domination. Consequently, it is divided into two acts; rape by sexual intercourse
(traditional carnal knowledge) and rape through sexual assault, which could be
committed by a male against male and female against another female.

Three Types of Rape

a) Anger Rape - Sexual attack becomes a means of expressing rage or anger
and involves far more physical assault upon the victim than is necessary.
b) Power Rape - Assailant primarily wishes to express his domination over
the victim. Since rape is an expression of power rather than the means of sexual
gratification, the rapist generally uses only the amount of force necessary to exert
his super-ordinant position.

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 c) Sadistic Rape - Perpetrator Perpetrator combines the sexuality and
aggression aims in psychotic desires to often torment, torture, or otherwise abuse
his victim.

Categories of Rapists
a) Naïve Graspers - Sexually inexperienced youths who possess an unrealistic
conception of female erotic arousal. Awkward in relating to the opposite sex, they
hold high expectations that their crude advances will be met with affection by their
victims.
b) Meaning Stretchers - An offender misinterpret a woman expressions of
friendliness. And affection as indicating that the female desires couitus even when
she says no.
c) Sex Looters - Person who has a low desire for affection or low respect for
the victims autonomy and callously uses woman as sex object.
d) Group Conformers - Rapist participates in a group rape or gang bang, often
following the leader. A sex looter felt a sense of conformity and notion
demonstrating their masculinity.

Causes of Rape
a) Evolutionary or Biological Factor - This perspective suggests that rape may
be instinctual developed over the ages as a means of perpetuating the species.
b) Male Socialization - Rape is viewed as a function of modern male
socialization. Some men have been socialized to be aggressive with women and
believe the use of violence or force is legitimate if their sexual advances are
rebuffed.
c) Hypermasculinity - Men typically have a callous sexual attitude and believe
violence as manly. They perceive danger as exiting and are overly sensitive to insult
and ridicule.
d) Psychological - Abnormality Rapists suffer from some type of personality
disorder or mental illness. illness. They exhibited psychotic tendencies, hostile and
sadistic feelings toward women. A high proportion of serial rapists and repeated
sexual offenders exhibited psychopathic personality structures.
e) Social Learning - It submits that men learn to commit rapes much as they
learn any other labor behavior. This sexual aggression may be learned through
interaction with peers who articulate attitudes supportive of sexual violence.
f) Sexual Motivation - It suggests that older criminals may rape for motives of
power and control, whereas younger offenders may be seeking sexual gratification
and therefore be less likely to harm their victim.

Characteristics of Rapists
a) Poor relations with women, indicating a general inability to develop interpersonal
relations, lack of self-confidence, and a negative self-concept.
b) Seek power or dominance over their victims.
c) Planned to have sex on the day of the commission and rape was their intention.

Factors Contributing to the Reluctance of Rape Victims to Report the Sexual

Assault

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a) The stigma attached to rape victims, which allege that they either invited the
attack or cooperated in it.
b) Sexist treatment given to many women, who are in effect mentally raped a second
time by the criminal justice system.
c) Legal procedures that in the past have permitted courtroom prosecutors to prove
the victim's sexual past, which can be both humiliating and embarrassing.
d) The burden to prove that often has been shifted to the victim, to assure that the
attack was forced and against her will and that she resisted the assault.

Rape-Trauma Syndrome - Refers to the adverse psychological impact rape

victims continue to suffer long after the incident. It includes sexual anxiety, a
pervasive fear of violence, and avoidance of relationships with opposite sex,
problems in interpersonal relationships, and a general feeling of unhappiness. Thus,
mental scars often remain long after the incident has occurred.

Child and Spouse Abuse

Causes of Child Abuse
a) Family violence seem to be perpetuated from one generation to another
within families;
b) The behavior of abusive parents can often be traced to negative
experiences in their own childhood;
c) Blended families, which include children living with unrelated adult such as
stepparent or another unrelated neighbor; and
d) Isolation from friends, neighbors, relatives who can help in times of crisis.

Factors that Predict Spousal Abuse

a) Presence of alcohol and dangerous drugs
b) Hostility toward dependency
c) Excessive brooding
d) Social approval
e) Socioeconomic factors
f) Flashes of anger
g) Military service
h) Having been battered children
i) Unpredictability

Sexual Abuse/Molestation as a Violent Crime

Types of Sexual Molester
a) Incestuous Molester. Incest is a sexual intercourse between persons so closely
related that marriage is prohibited. The concept of incest includes more than
molestation. Incest is a crime that is almost without exception proscribed by all
societies. Because the crime of incest attacks the very foundation of society; The
Family.
Major Personality Groups of Incest Offenders (Blair & Rita Justice)
Symbiotic Personalities. The offender relies heavily on the child to supply the
affection and warmth he lacks from other sources. These personalities constitute as
85 percent of all incest offenders. Subtypes of Incest Offenders are as follows:

43
 Introvert. Have few social contacts outside the family except during work.
The family is a shelter where he is boss; wife and daughters belong to him. Incest
often often results results when the wife, because of illness or other circumstances,
no longer supplies the love offenders crave.
Rationalizer. Carries the notion of love for his children to extremes.
Justifications or verbalized motives for this type take several forms, including claims
that he just love her so much that he is educating her on what love and sex are all
about, that he is protecting her by seeing that her sexual needs are met at home
instead of on street, and that father-daughter sex is just another form of liberation in
an uptight world.
Tyrant. Sees his wife and children as being in debt to him because he is a man
and breadwinner. He loves his daughter but also believes she should punish him with
sex on demand. He is very authoritarian, macho and jealous of anyone, male or
female, who competes with him for the daughter's love.
Alcoholic. Feels very dependent on his family and uses alcohol as a lubricant
for getting closes to them. He often drinks before the sexual contacts to gain
courage; he often drinks afterward to ease his guilt.
Psychopathic Personalities. These refer to those incest offenders seeking
stimulation, novelty and excitement. Unlike the symbiotic personalities who use
incest as a means for gaining closeness to someone they love, the psychopath
professes neither love nor guilt.
Pedophiliac Personalities (Kraft Ebing, 1912). This type consists of persons
who have sexual cravings for children whether related to them or not. These types
rarely marry and have children; but if they do, incestuous sexual contacts are likely.
They are usually unable to hold their own in an adult world. They are often shy, timid
or withdrawn. Pedophiles are quite happy in a child's world and relate easily to
children. They are lonely people who feel rejected by the mainstream of society and
have serious doubts concerning their own sexual powers. Psychotic Personalities. A
small number of offenders suffer from brain damage, which may result in
hallucinations and delusions promoting incestuous behavior.
Sub cultural. Scholars do not mention this type, but they mention isolated
families of the Appalachian and Ozark Mountains where traditionally the oldest
daughter is expected to assume her mother's role, both in the kitchen and the bed.
b) High-interaction Molester. In addition to incestuous molesters there are several
other types who are unrelated to their victims. Some of these offenders are
distinguished from most others by their higher socioeconomic status, above average
interaction with children outside the home, and a higher probability that the victims
will be male. These offenders' occupations and/or hobbies often involve children:
these are the scout leaders, the dance instructors, the elementary school teachers,
the choir masters, or any number of persons who use their positions as means to
molest. They have always had a general interest in interacting with children and their
subsequent involvement and rapport with some individuals eventually led to sexual
interest.
c) Social Molester. These molesters are more likely to have criminal record for both
sexual and nonsexual offenses. However, their records indicate little or no previous
involvement with child victims. Their one or two molesting offenses are simply
segments in a law-violating career. They are from the lowest socioeconomic status

44
and are likely to be divorced or never married. Their offenses are opportunistic and
spontaneous and are often preceded by drinking.
d) Aged Molester. As the name implies, the outstanding feature of these offenders
in their advanced age. Since their child victims are rarely coerced, the offenders are
likely to have several neighborhood children before the behavior becomes known to
other adults.
e) Career Molester. One popular image of the molester is the adult who frequents
playgrounds to prey on children. The victims are likely to be younger: 9 years or
under. The offenders are also less discriminating regarding the victim's sex-whether
boys or girls seems to depend less on the offenders' preferences than on the
available opportunities.
Career molesters rarely use force. They rely on affability, powers of persuasion, and
the gullibility of their young victims. A typical tactic is to lure victims to isolated
locations, some offenders even going so far as to use toys as bait. This type of
molester displays no affectional interest in children except as sexual objects.
f) Spontaneous-Aggressive Molesters. The offenses of these men are not typical of
molesters, but are sort parents fear most. The offenses can be most concisely
defined as forceable rapes. The victims are usually strangers, and the offenses are
spontaneous in the sense that there is little or no attempt at persuasion. The
offenders pull children into vehicle or deserted buildings, or in an isolated area, the
adults simply approach the little children and proceed with an attack. The attack
itself likely to involve penetration on the genitals.

Robbery and Theft

Robbery is an unlawful taking of property of another employing force,
violence and intimidation or force upon things.
Types of Robbers
a) Professional Robbers - are robbers who have long-term commitment to crime as a
source of livelihood.
b) Opportunist Robbers - robbers who steal to obtain small amounts of money when
an accessible target presents itself.
c) Addict Robbers - robbers who steal to support drug habits.
d) Alcohol Robbers - robbers who steal for reasons related to their excessive
consumption of alcohol.

Hate Crimes
Hate crimes are violent acts directed toward a particular person or members
of group merely because the targets share discernable racial, ethnic, religious, or
gender characteristics.
The Roots of Hate
a) Thrill seeking hate crimes
b) Reactive or defensive hate crimes
c) Mission hate crimes
d) Retaliatory hate crimes
Factors that Produce Hate Crimes
a) Poor or uncertain economic conditions
b) Racial stereotypes in films and on television

45
c) Hate-filled discourse on talk shows or in political advertisements
d) An individual personal experiences with members of particular minority groups
e) Scapegoating- blaming a minority group for the misfortunes of society as a whole.

Stalking
Stalking is a course of conduct directed at a specific person that involves
repeated physical or visual proximity, nonconsensual communication, verbal or
written, or implied threats sufficient to cause fear in a reasonable person. Section 3
(d) of R.A. 9262, a local legislation, defines stalking as an intentional act committed
by a person who, knowingly and without lawful justification follows the woman or
her child under surveillance directly or indirectly or a combination thereof.

Terrorism
Terrorism is defined as any act intended to cause death or serious bodily
harm to civilians or non-combatants with the purpose of intimidating a population of
serious bodily harm and compelling a government or an international organization to
do or abstain doing any act. [UN Panel- 03-17-05].
Terrorists are those who does all acts of terrorism. While Terrorist Group -
Any organization that engages in or or had engaged in, terrorist activity. This includes
not only violent groups but legitimate groups that fund terrorists operations.
Terrorist Act is an any act that is unlawful, involves the use or threatened use
of violence or force against individuals or property is designed to coerce a
government or society and supports political, ideological, or religious objectives.
On July 3, 2020, President Rodrigo R. Duterte signed into law Republic Act
No. 11479 or The Anti- Terrorism Act of 2020 ("Anti-Terrorism Act").
The Anti-Terrorism Act repealed the Human Security Act of 2007 ("Human
Security Act") which was previously the governing law on acts of terrorism in the
Philippines. The Anti-Terrorism Act took effect on July 22, 2020, fifteen (15) days
after its complete publication in the Manila Bulletin on July 6, 2020.
As of August 6, 2020, twenty-five (25) petitions seeking to declare the Anti-
Terrorism Act unconstitutional, either partially or in its entirety, have been filed with
the Supreme Court of the Philippines.

Its salient provisions are as follows:

1. The Acts of Terror
Under the Anti-Terrorism Act, terrorism is committed by any person who,
WITHIN OR OUTSIDE of the Philippines, and regardless of the stage of execution:
(a) Engages in acts intended to cause death or serious bodily injury to any
person, or endangers a person's life;
(b) Engages in acts intended to cause extensive damage or destruction to a
government or public facility, public place or private property;
(c) Engages in acts intended to cause extensive interference with, damage or
destruction to critical infrastructure;
(d) Develops, manufactures, possesses, acquires, transports, supplies or uses
weapons, explosives or of biological, nuclear, radiological or chemical weapons; and
(e) Release of dangerous substances, or causing fire, floods or explosions
when the purpose of such act, by its nature and context, is to intimidate the general

46
public or a segment thereof, create an atmosphere or spread a message of fear, to
provoke or influence by intimidation the government or any international
organization, or seriously destabilize or destroy the fundamental political, economic,
or social structures of the country, or create a public emergency or seriously
undermine public safety.
Terrorism, as defined above, shall not include advocacy, protest, dissent,
stoppage of work, industrial or mass action, and other similar exercises of civil and
political rights, which are not intended to cause death or serious physical harm to a
person, to endanger a person's life, or to create a serious risk to public safety.
2. Specific Stages of Terrorism
(a) Threat to commit terrorism;
(b) Planning, Training, Preparing, and Facilitating the commission of
terrorism;
(c) Conspiracy to commit terrorism;
(d) Proposal to commit terrorism;
(e) Inciting to commit terrorism;
(f) Recruitment to and Membership in a terrorist group; and
(g) Providing Material Support to Terrorists.
3. Period and Coverage of Surveillance
Under the Anti-Terrorism Act, the initial period of surveillance which may be
ordered by the CA, upon a finding that any of the specified acts of terrorism has
been or is being committed, is sixty (60) days, which may be renewed or extended
for another non- extendible thirty (30) days.
The Anti-Terrorism Act also requires the law enforcement agent or military
personnel concerned to file an ex-parte application with the CA for the issuance of
an order to compel telecommunications or internet service providers to produce all
customer information and identification records, including call and text data records,
content, and other cellular or internet metadata, of any person suspected of any of
the crimes defined and penalized under the law.
4. Designation and Freezing of Assets of Designated Terrorist Individual, Groups of
Persons, Organizations, or Associations
The Anti-Terrorism Council ("ATC"), may "designate" as a terrorist an
individual, group of persons, organizations, or associations, upon its own finding of
probable cause that such person/s commit, attempt to commit, or conspire in the
commission of the specified acts of terrorism. The assets of any designated
individual, group, organization, or association shall be subject to the Anti- Money
Laundering Council's authority to freeze assets. The freeze order shall be effective
for a period not exceeding twenty (20) days and may be extended up to a period of
not exceeding six (6) months upon the order of the CA.
5. Detention Without Judicial Warrant Of Arrest
Under the Anti-Terrorism Act, the police or law enforcement officer who has
taken custody of the person suspected of terrorism may detain such person for a
period of fourteen (14) days from apprehension or arrest, and the period of
detention may be extended by a maximum period of ten (10) days. The Anti-
Terrorism Act does not require the presentation of the person charged with or
suspected of terrorism before a judge prior to detention, but requires only that the
apprehending law enforcement agent or officer notify the judge of the court nearest

47
the place of apprehension of the time, date, and manner of arrest, the location of
the detained suspect, and the physical and mental condition of the suspect.
6. Restriction on the Right to Travel
Under the Anti-Terrorism Act, the investigating prosecutor may, prior to the filing of
an information for any violation of the law, apply for the issuance of a precautionary
hold departure order with the Regional Trial Court ("RTC").
Upon the filing of the information, the prosecutor shall apply for a hold
departure order against the accused. In cases where evidence of guilt is not strong,
and the person charged is entitled to and granted bail, the prosecutor may apply
with the court to limit the right to travel of the accused within his/her city or
municipality of residence, or where the case is pending.
The accused may also be placed under house arrest during which the accused
may not use telephones, cellphones, e-mails, computers, the internet, or other
means of communications with people outside the outside the residence until
otherwise ordered by the court.
7. Role of the Commission of Human Rights
The Anti-Terrorism Act mandates the Commission on Human Rights ("CHR")
to give the highest priority to the investigation and prosecution of violations of civil
and political rights in relation to the implementation of the law.
8. Designation of Anti-Terror Courts
The Anti-Terrorism Act provides that persons charged with violations of any
defined acts shall be tried in special courts designated by the Supreme Court and
whose jurisdiction is limited exclusively to its violations.
9. Penalty for the Crime and Terrorism
Punishable Act Penalty
Terrorism Life imprisonment without the benefit of
Commission of any of the following acts: parole
 Engages in acts intended to cause
death or serious bodily injury to any
person or endangers a person’s life;
 Engages in acts intended to cause
extensive damage or destruction to
a government or public facility,
public place, or private property;
 Engages in acts intended to cause
extensive interference with,
damage, or destruction to critical
infrastructure;
 Develops, manufactures, possesses,
acquires, transports, supplies, or
uses weapons explosives or of
biological, nuclear, radiological or
chemical weapons; and
 Release of dangerous substances, or
causing fire, floods or explosions
when the purpose of such act, by its
nature and context, is to intimidate

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 the general public or a segment
thereof, create an atmosphere or
spread a message of fear, to provoke
or influence by intimidation the
government or any international
organization, or seriously destabilize
or destroy the fundamental,
political, economic, or social
structures of the country, or create
apublic emergency or seriously
undermine public safety.
Conspiracy to commit terrorism Life imprisonment without the benefit of
parole
Recruitment to a terrorist organization Life imprisonment without the benefit of
parole
Membership in a terrorist organization 12 years imprisonment
Planning, training, preparing, and Life imprisonment without the benefit of
facilitating the commission of terrorism parole
(including possessing objects or
collecting or making documents
connected with the preparation of
terrorism)
Threat to commit terrorism 12 years imprisonment
Proposal or inciting to commit terrorism 12 years imprisonment

2. Economic or Enterprise Crimes

The crimes of the market place, which crimes are committed when a person
uses illegal tactic to make profit.

Three (3) Categories of Economic or Enterprise Crimes

1. White Collar Crime - which involve illegal activities of people and institutions
whose acknowledge purpose is profit through illegitimate business transactions.
Components of White Collar Crimes
a) Stings and Swindles - A white-collar crime in which people use their institutional
or business position to bilk people out of their money. Offenses in this category
range from fraud involving the door-to-door sale of faulty merchandise to passing
millions of dollars in counterfeit stock certificates to an established brokerage firm.
b) Chiseling - Chiseling involves charging for bogus auto repairs, cheating customers
on home repairs, or short-weighting (intentionally tampering with the accuracy of
scales to weigh products) in supermarket or dairies.
c) Individual Exploitation of Institutional Position - It involves individuals exploiting
their power or position in organizations to take advantage of other individuals who
have an interest in how that power is used.
d) Influence Peddling and Bribery - Committed by an individual's holding important
institutional positions sell power, influence and information to outsiders who have
an interest in influencing or predicting the activities of the institution. Offenses
within this category include government employees' taking kickbacks from

49
contractors in return for awarding them contracts they could not have won on merit,
or outsiders' bribing government officials.
e) Embezzlement and Employee Fraud - It involves individuals' use of their positions
to embezzle company funds or appropriate company property for themselves. Here
the company or organization that employs the criminal, rather than an outsider, is
the victim of white-collar crime.
f) Client Fraud - A theft by an economic client from an organization that advances
credit to its clients or reimburses them for services rendered. These offenses are
linked together because they involve cheating an organization (such as a government
agency or insurance company) with many individual clients that the organization
supports financially (such as welfare clients), reimburses for services provided (such
as health care providers), covers losses of (such as insurance policy holders), or
extends credit to (such as bank clients or taxpayers). Included in this category are
insurance frauds, credit card fraud related to welfare and Medicare programs, and
tax evasion.
g) Corporate Crime - It involves situations in which powerful institutions or their
representation willfully violate the laws that restrain these institutions from doing
social harm or require them to do social good. This is also known as corporate or
organizational crime.

2. Cybercrimes - which involve people using the instruments of modern

technology for criminal purposes. These are a new breed of white-collar offenses
that can be singular or ongoing and typically involve the theft of information,
resources, or funds.
Cybercriminals use emerging forms of technology to commit criminal acts. In
other instances, they involve the use of technology to commit crimes such as fraud
and theft. In other instances, the technology itself is the target e.g., illegal copying
and sale of computer software.
Cybercrimes in the Philippines are punishable under Republic Act 10175
otherwise known as Cybercrime Prevention Act off 2012.

Forms of Cybercrime
a) Internet Crimes such as selling of pornographic materials in the internet
and swindling
b) Computer Crimes such as computer- related thefts like the: Trojan horse-
which one computer is used to reprogram another for illicit purpose; The Salami
Slice-where an employee sets up a dummy account in the company's computerized
records- a small amount is subtracted from customers accounts and added to the
account of the thief; installing a virus in a computer system etc.
3. Organized Crimes - involves illegal activities of people and organizations
whose acknowledged purpose is profit through illegitimate business enterprise
Characteristics of Organized Crime
a) Organized crime is a conspiratorial activity, involving the coordination of
numerous persons in the planning and the execution of illegal acts or in the pursuit
of a legitimate objective by unlawful means (for example, threatening a legitimate
business to get a stake in it).

50
 b) Organized crime involves continuous commitment by primary members,
although individuals with specialized skills may be brought in as needed. Organized
crime is usually structured along hierarchical lines a chieftain supported by close
advisers, lower subordinate, and so on.
c) Organized crime has economic gain as its primary goal, although power
and status may also be motivating factors. Economic gain is achieved through
maintenance of a near monopoly on illegal goods and services, including drugs,
gambling, pornography and prostitution.
d) Organized crime activities activities are not limited providing illicit services.
They include such sophisticated activities as laundering illegal money through
legitimate businesses, land fraud, and computer crimes.
e) Organized crime employs predatory tactics, such as intimidation, violence
and corruption. It appeals to greed to accomplish its objectives and preserve its
gains.
f) By experience, custom and practice, organized crime's conspiratorial
groups are usually very quick and effective in controlling and disciplining their
member's associates and victims. The individuals individuals involved know that any
deviation from the rules of the organization will evoke a prompt response from the
other participants. This response may range from a reduction in rank and
responsibility to a death sentence.
g) Organized crime is not synonymous with the Mafia, the most experience,
most diversified, and possibly best- disciplined of these groups. The Mafia is actually
a common stereotype of organized crime activities; they do not hold a monopoly on
underworld activities.
h) Organized crime does not include terrorists dedicated to political change.
Although violent acts are a major tactic of organized crime, the use of violence does
not mean that a group is part of a confederacy of organized criminals.

3. Public Order Crime

Public Order Crimes are acts considered illegal because they conflict with
social policy, accepted moral rules and public opinion. Examples of which are
prostitution, gambling, pornography, obstruction etc. - these are known as
"Victimless Crimes"

Prostitution (Art 202 Vagrants and Prostitutes)

Prostitution can be defined as granting non marital sexual access, established
by mutual agreement of the prostitute, their client, and their employer for
remuneration.
Prostitutes are referred to by sociologists as "street level sex workers"
whose activities are similar to any other service industry.
Conditions Usually Present in a Commercial Sexual Transaction
a) Activity that has sexual significance for the customer which include the
entire range of sexual behavior, from sexual intercourse to oral and so on.
b) Economic transaction not necessarily money in exchange for the activity.
c) Emotional indifference, the sexual exchange is simply the economic
consideration. Although the participants may know one another, their interaction
has nothing to do with affection for one another.

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Types of Prostitutes
a) Street Walker - Those who work the streets
in plane sight of the police, citizens and customers. They are referred as hustlers,
hookers, or street walkers.
b) Bar Girls - Those who spend their time in bars, drinking and waiting to be picked
up by customers.
c) Brothel Prostitutes - Those who were called bordellos, cat houses, sporting
houses and houses of ill-repute. They were large establishment usually runs by
madams that housed several prostitutes.
d) Call Girls - Considered as the "Aristocrats of Prostitution". They gain clients thru
employment in escort services, and others develop independent customers list.
Many call girls come from the middle class background and serve upper class
customers.
e) Circuit Travelers - Those who moves around in groups of two or three to lumber
labor and agricultural camps. They asked the foreman for permission to ply their
trade, service the whole crew in an evening and then move on. Some seek clients at
truck stops and rest areas.
f) Skeezers - Those who have substance abuse problems and their prostitution is
committed to support their drug habits.
g) Escort Services/Call Houses - A relatively new phenomenon, call houses combines
elements of the brothel and call girl rings. A madam receives a call from a
prospective customer and if she find the client acceptable she arranges a meeting
between the caller and the prostitute in her service. The madam maintains a list of
prostitute who are on call rather than living together in a house together.
h) Massage Parlors/Photo Studios - Housed in a massage parlors and or photo
studious. Oral sex and manual stimulation are common.

Pornography and Obscenity (Art 200 - 201 RPC)

Pornography depicts imaginable explicit sex act which aim to provide sexual
titillation and excitement for paying customers, while obscenity designed to incite to
lust or depravity. These acts are punishable under Article 201 of the Revised Penal
Code which was subsequently amended by Presidential Decree 960 and 969.
Recent legislations related to this crime are R.A. No. 9775 - An Act Defining
the Crime of Child Pornography, Prescribing Penalties Therefore and for other
Purposes, approved on November 17, 2009, and R.A. No. 9995 - An Act Defining and
Penalizing the Crime of Photo and Video Voyeurism Prescribing Penalties Therefore,
approved on February 15, 2010.

CHAPTER VII
MEASURING CRIME
Criminologists use a variety of research tools to collect information on crime,
for without valid data, they would neither be able to gauge crime patterns and
trends nor be able to assess the effectiveness of crime control methods and
programs of the government.

52
 In the Philippine setting, crimes are measured through what we known as
Crime Statistics by which the law enforcement agencies based their anti- crime
strategy.
MEASURING CRIME
Crime Statistics - the collection or study of numerical data of crimes
recorded/reported to the police.
Importance of Crime Statistics
1. Facilitate policy makers in the formulation of anti-crime strategy.
2. Assist leaders in the deployment/disposition of personnel.
3. Understand how statistics affect any day-to-day operations of the police
station.
4. Provides an analysis of the relationship of crime incidents with the
different socioeconomic factors.
5. Determines crimes trends over the years.
6. Validates hypothesis regarding crime incidents.
7. Traces the prone areas and as to why it is labeled as such.

Socio-Economic Situation Factors Affecting the Crime

1. Population density and size of location Variations in the compositions of
the population, particularly age structure
2. Economic conditions such as educational and religious characteristics
3. Climate
4. Effective strength of law enforcement agencies and emphasis of law
enforcement
5. Attitudes of citizenry toward crime
6. Crime reporting practices of citizenry

Generation of Crime Statistics

1. Police Blotter
2. National Crime Reporting System (NCRS)

Statistical Formula
1. Crime Volume - total number of reported crime incidents in an area over a
given period of time regardless of the number of perpetrators.
2. Index Crimes - crimes which are serious in nature and which occur with
sufficient frequency and regularity such that they can serve as an index to the crime
situation. It is classified into:
a) Crimes against person - murder, homicide, physical injury, rape.
b) Crimes against property - robbery and theft.
3. Non-index Crimes - violations of special laws and other crimes such as
crimes against moral and order; (prostitution, vagrancy, alarm and scandal, assault,
resistance to authority, corruption of public officials, gambling, slander and libel,
threat and coercion, and trespassing) crimes against chastity; (abduction, seduction,
lascivious acts) crimes against property; (estafa and falsification, malicious mischief,
damage to property). These crimes are generated from the result of positive police
positive police initiated operations.

53
 4. Crime Solution Efficiency (CSE) - percentage of solved cases out of the
total number of reported crime incidents handled by the police offices for a given
period of time. It is a general measure of law enforcement agency's investigative
capability or efficiency.
Formula:

5. Crime Rate - the number of crime incidents in a given period of time for
every 100,000 inhabitants of an area/place.

6. Average Monthly Crime Rate (AMCR) - the average number of crime

incidents occurred per month for every 100,000 inhabitants in a certain area.

7. Crime Analysis

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THE 2018 PHILIPPINE STANDARD CLASSIFICATION OF CRIME FOR STATISTICAL
PURPOSES (PSCCS)
The 2018 Philippine Standard Classification of Crime for Statistical Purposes
(PSCCS) is the first edition of the country's classification of crimes. It is a hierarchical
classification where criminal offenses are allocated into categories that have a
certain degree of similarity. It is patterned after the International Classification of
Crime for Statistical Purposes (ICCS, v. 1.0) developed by the United Nations Office
on Drugs and Crime (UNODC), endorsed by the United Nations Statistical
Commission (UNSC) as the standard international classification for crime statistics in
March 2015.
The 2018 PSCCS serves as a comprehensive framework for classifying criminal
offenses in the country to facilitate analysis of crime, harmonize data across criminal
justice institutions, and facilitate assessment of gaps between crimes reported to the
police and those experienced by the victims.
The 2018 PSCCS covers all criminal offenses in force in the Philippines under
the Revised Penal Code and Special Penal Laws and mapped with the ICCS, v.1.0. The
mapping was guided by the inventory of criminal offenses under national laws

55
generated from the Philippine Crime Index Project of the Department of Justice
(DOJ).
The 2018 PSCCS contains eleven (11) sections designed to cover all acts or
events that constitute a crime within the scope of the PSCCs, to wit:
1. Acts leading to death or intending to cause death.
2. Acts causing harm or intending to cause harm to the person.
3. Injurious acts of a sexual nature.
4. Acts against property involving violence or threat against a person.
5. Acts against property only.
6. Acts involving controlled drugs or other psychoactive substances.
7. Acts involving fraud, deception or corruption.
8. Acts against public order, authority and provisions of the State.
9. Acts against public safety and state security.
10. Acts against the natural environment.
11. Other criminal acts not elsewhere classified.
CHAPTER VIII
PUNISHMENT, DEATH PENALTY AND RESTORATIVE JUSTICE

PUNISHMENT
Punishment is the infliction of penalty as retribution for an offense. It is being
imposed for the transgression of law, it is the infliction of any pain, penalty,
forfeiture, or confinement imposed by the court for a wrong doing. Punishment or
penalty is a means of social control. It is a device to cause people to become
cohesive and to induce conformity.
A sub-component of criminology that deals with the philosophy and practice
of various societies in their attempts to repress criminal activities, and satisfy public
opinion thru an appropriate treatment regime for persons convicted of criminal
offenses is known as Penology.
Correction is that branch of the administration of criminal justice charged
with the responsibility for the custody, supervision and rehabilitation of the
convicted persons. Correction is in a view of reorientation or re-instruction of the
individual with a purpose of preventing a repetition of the unlawful activities without
necessity of taking punitive action.

Schools of Thoughts in Penology

1. Pre-Classical School
a. Secular Theory - man has always been assailed with the effort of solving
the crime committed in his midst rather than seeking an explanation for the
occurrence of crime.
b. Judean-Christian - Theory punishment has a redemptive purpose of
repelling sin advocated by the devil.
c. Rise of Cononical Courts - the rivalry existed between church and state in
trying offense. In the early Christian era, the church forbid its adherence to resort to
state court and later in the medieval period the power of state courts declined and
the power of Cononical court was mainly reformatory in purpose.

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 d. Individualization of Punishment - the lawmakers and judges had the
practical task of making and administering law not only in the light of such theories
of free will and responsibility, but also face to face with the indignation of the
community at a particular offense.
e. Abuse of Judicial Individualization - the law gave judges wide discretion to
impose additional penalties in view of the circumstances. This theory gave the judges
tyrannical of justice arose.
2. Classical School - the classical theory came about as a direct result of two
influences.
a. It came about as a protest against the abuses of discretionary power of
judges.
b. Influenced by the School of French philosopher and writer ROUSSEAU and
his writings contained in his book "Social Contract"
3. Neo-Classical School - the principles of classical school remained intact but the
system of defined and variable punishment was modified. The judge was given
discretion in certain crimes to vary punishments between the maximum and
minimum fixed by law.
Contributions of Neo-Classical School
a. Exempting circumstances
b. Reduction of Punishment for partial freedom of the will only partial punishment
c. Punishment mitigating for lack of full responsibility
d. It represents the reaction against the severity of the classical theory of equal
punishment irrespective of circumstances
4. Positivist School - defined individual responsibility and reflected an essentially
non-punitive reaction to crime and criminality. Since the criminal was held to be not
responsible for his acts, he was not be punished. The adherents of this school
maintained that a crime, as any other act, is a natural phenomenon.
5. Modern Clinical School - it studies the criminal rather than the crime. This school
is interested primarily in the personality of the criminal himself in order to determine
the conditioning circumstances that explain his criminality and in order to obtain
light upon problem of how he should be handled by the group.

Ancient Forms of Punishment - (Punishment in Primitive Society)

1. Death Penalty - hanging, burning, immersing in boiling oil, feeding to wild animals
and other barbaric ways.
2. Corporal Punishments (Physical Torture) - flogging, mutilation, disfigurement and
maiming.
3. Public Humiliation and Shaming - the purpose of this was to put the offender to
shame. This was affected by use of stocks and pillory, docking stool, branding,
shaving off the hair etc.
4. Banishment - This is the sending or putting away of an offender which was carried
out either by a prohibition against coming into a specified territory, or a prohibition
against going outside a specified territory, such as island to where the offender has
been removed.

Contemporary Forms of Punishment

1. Imprisonment

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2. Parole
3. Probation
4. Payment of Fine
5. Community Service

Justification of Punishment
1. Retribution - personal vengeance
2. Expiation or Atonement - group vengeance
3. Deterrence or Exemplarity
4. Protection/Social Defense - shown by its inflexible severity to recidivist and
habitual delinquents.
5. Reformation - as shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty.

Theories Justifying Imposition of Punishment

1. Prevention Theory - the state must punish the criminal to prevent of suppress the
danger to the state arising from the criminal acts of the offender.
2. Self Defense Theory - the state has the right to punish the criminal as a measure
of self defense so as to protect society from the threat and wrong inflicted by the
criminal.
3. Reformation Theory - the object of punishment to the criminal cases is to correct
and reform the offenders.
4. Exemplary Theory - the criminal is punished. to serve as an example to deter
others from committing from committing crimes.
5. Justice Theory - the crime must be punished by the state as an act of retributive
justice a vindication of absolute right and moral law violated by the criminal.

Classification of Penalties under Revised Penal Code

1. Principal Penalties - those expressly imposed by the court in the judgment of
conviction:
a. Capital Punishment (Death)
b. Afflictive (reclusion perpetua, reclusion temporal, perpetual or temporary
absolute disqualification, perpetual or temporary absolute special disqualification,
prision mayor)
c. Correctional penalties (prision correctional, arresto mayor, suspension,
destierro; and
d. Light penalties (arresto menor, public censure)

Penalties common to all principal penalties except death: fine and bond to
keep the peace (RPC, Art. 25). A fine, whether imposed as a single or as as an
alternative penalty shall classified according to Article 26 of the RPC, as amended by
RA No. 10951)
i. Afflictive Penalty - if exceeds P1,200,000
ii. Correctional Penalties - if does not exceeds P1,200,000 but not less than
P40,000
iii. Light Penalties - if it be less than P40,000

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2. Accessory Penalties - those that are deemed included in the imposition of
principal penalties.
a. Perpetual or temporary absolute disqualification;
b. Perpetual or temporary special disqualification;
c. Suspension from public office. The right to vote and be voted for, the profession or
calling;
d. Civil interdiction;
e. Indemnification;
f. Forfeiture or confiscation of instruments and proceeds of the offense; and
g. Payment of costs.

THE DEATH PENALTY

The subject of capital punishment has fueled heated debate both by
criminologists and by the public at large. In the Philippines, death penalty is
prohibited by the 1987 Constitution except for compelling reasons, involving heinous
crimes. Due to the upsurge of heinous crimes Philippine Congress was prompted to
reimpose it leading to the enactment of Republic Act 7659 otherwise known as An
Act to Impose the Death Penalty on Certain Heinous Crimes which was approved on
December 13, 1993.
Persons penalized with death penalty shall be executed by lethal injection
pursuant to Republic Act 8177 or the Lethal Injection Law, However, June 24, 2006,
Republic Act No. 9346 a law that prohibits the imposition of death penalty was
enacted, leading to the stoppage of the execution of the death convicts. However,
the concept of heinous crime in our penal laws remain. And in lieu of the death
penalty, the following shall be imposed:
a) Reclusion Perpetua. When the law violated makes use of the
nomenclature of the Penalties of the Revised Penal Code; or
b) Life Imprisonment. When the law violated does not make use of
nomenclature of the penalties of the Revised Penal Code.
Death convicts whose sentences had been reduced to reclusion perpetua
shall not be eligible for parole under Act No. 4180 otherwise known as
Indeterminate Sentence Law.
Crimes are considered heinous for being grievous, odious, and hateful
offenses and which, by reason of their inherent or manifest wickedness, viciousness,
atrocity and perversity are repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and ordered society.
Republic Act 7659 enumerated heinous crimes as follows:
1) Treason;
2) Qualified Piracy;
3) Qualified Bribery;
4) Parricide;
5) Murder;
6) Infanticide;
7) Kidnapping and Serious Illegal Detention;
8) Robbery with Violence Against or Intimidation of Persons;
9) Destructive Arson;

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 10) Rape;
11) Plunder; and
12) Violation of R.A. No 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002

Arguments in favor of the Death Penalty

1. It is sanctioned in the Bible as well as by historical tradition as a culturally
approved manner of dealing with heinous offenders.
2. It is an effective deterrent in preventing cold-blooded murder.
3. It is more economical than the permanent, lifelong warehousing of the
most dangerous criminals.
4. It is the ultimate specific deterrence.
5. In terms of retribution, those who kill innocent persons in cold blood
deserve similar punishment.
6. Enactment of the death penalty where appropriate discourages private
revenge and vigilantism.

Arguments against Capital Punishment

1. The death penalty is irreversible; thus, the rare execution of an innocent
party cannot be undone.
2. No matter what the reason for execution, the state becomes a murderer, a
cold-blooded killer.
3. Use of the death penalty is a savage practice and has no place in a civilized
society. The society becomes as inhumane as the condemned.
4. The general deterrence ability of the death penalty has not been proven.
5. The adjudication of cases involving death penalty is far more costly.
6. The enactment of capital punishment has always been discriminatory.
The research on capital punishment has indicated that the enactment of the
death penalty is no more of a deterrent than life imprisonment.
Ultimately, the capital punishment debate is a moral one that is likely to
continue to be debated.

RESTORATIVE JUSTICE
Basic Concept
A system of criminal justice which focuses on the rehabilitation of offenders
through reconciliation with victims and the community at large. The new approach
toward justice that give emphasis on the needs of the victims and the offenders, as
well as the involved community. This approach to justice is with clear disparity with
punitive approaches where the main intent and purpose is to punish the offender
and to carry out legal requirements.
In restorative justice, victims of crimes will be given active roles in the
process. Offenders on the other hand, are required to take responsibility for their
actions, to restore the damage they have done (by making apologies, return of
stolen property, or to do community service. Most importantly, the restorative
justice approach intended to assist the offender, for him to be restored with his
previous standing before he committed the crime, as a law abiding citizen.

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 The Restorative Justice approach is based on a theory of justice that
considers crime and wrongdoing to be an offence against an individual or
community, rather than the State. This approach open discussions and dialogue
between victim and offender which may secure victim satisfaction and accountability
from the offender.

Restorative Justice vis-a-vis Traditional Criminal Justice

Traditional Restorative
How crime is considered? Crime is a violation against Crime is a violation against
the state which create a person or community
guilt which create obligations
What is the central focus Determination of guilt and Determination of the
of the process? establishing culpability of needs of the victim and
the offender establishing solution and
restoration
What is the intent of the Imposition of punishment Reconciliation/Restoration
process?
Who are the participants  State - Active  State - Active
and their roles?  Offender - Passive  Offender - encourage
 Victim - Ignore to play active role and
to take responsibility
 Victim - rights and
needs organized
How the offender be To take the punishment To take responsibility
made accountable?

CHAPTER IX
VICTIMOLOGY
Several decades ago, victims of crime were considered to be a forgotten man
in the criminal justice system because the wheels of justice were focused on the
criminal offender. The resources of the government were spent on making sure that
the criminals are punished and society be protected from their criminal depredation.
Victims and their family then were just cold numbers written on the crime statistics.
The emergence of Victimology was in the 1940s and 1950s, when notable
criminologists Hans von Hentig, Benjamin Mendelsohn, and Henri Ellenberger
examined victim-offender interactions and stressed reciprocal influences and role
reversals. The significance of Victimology in the investigation process will not only for
the identification purposes, but also to provide data regarding why a particular
victim was chosen. As per studies, criminals will choose their victims who meet their
needs and qualifications, permitting them to achieve intended desire. For this
reason, the way the victim is chosen is important and gives an insight into how the
offender thinks, which subsequently affects how the perpetrator acts. Ascertaining
how the offender's act, will able to determine his future behavior, possibly leading to
his apprehension.
The Declaration on the Basic Principles of Justice for Victims of Crime and
Abuse of Power was adopted by the United Nations (UN) General Assembly in

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1985. The UN defined victims as persons who, individually or collectively, have
suffered harm, including physical or mental injury, emotional suffering, economic
loss or substantial impairment of their fundamental rights, through acts or omissions
that are in violation of criminal law.
Victimology is the study of the role of the victim in the commission of crime.
The study of victimization, including the psychological effects on victims,
relationships between victims and offenders, the interactions between victims and
the criminal justice system and victims to other social groups. The term also denotes
to the subject, which studies about the harms caused to victim in commission of
crime and the relative scope for compensation to the victim, as a means of redressal,
because, in criminal jurisprudence, mere punishing of offender is not sufficient, to
redress the grievance of victim, rather there is need to compensate the loss or harms
suffered by victim.

Focus of Inquiry in Victimology

1. What is the relationship of the victims to the perpetrators, strangers, mere
acquaintances, friends, family members or intimates?
2. Why particular person or place was targeted?
3. How a person or place is been targeted, approached, restrained and/or or
attacked, or it was by chance or opportunity?
4. What injuries or harms the victim suffered, economic, physical or psychological?
5. What personal characteristics are peculiar to the victims?
6. What risk did the offenders' took to commit the crime?
7. What was the victim's reaction after the victimization?

Effects of Crime Victimization

a) Loss - It includes financial property and productivity losses on the part of the
victims. Likewise, crime produces social costs that must be paid by non-victims.
b) Suffering - Millions of crime victims, suffer injury each year, ranging from scratch
to a gunshot.
c) Fear - Victims of violent crimes are the most deeply affected, fearing a repeat of
their attack. The effects of fear are critical considering that forms of victimization are
so widespread. People fear for the safety of others in their lives-children, spouses,
and friends whose safety they value this is referred to as Altruistic Fear (fear for
others).
d) Antisocial - Behavior There is growing evidence that people who are crime victims
also seem more likely to commit crime themselves. There is a strong evidence that
being abused or neglected as a child increases the odds of being arrested both as
juvenile and as an adult. These abuse-crime phenomenon is referred to as the Cycle
of Violence.

Characteristics of Victims
a) Gender - Men were thrice more likely than females to suffer violent crime.
Women were six (6) times more likely than men to be victims of rape or sexual
assault.
b) Age - Young people face a much greater victimization risk than do older persons.

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c) Social Status - People in the lowest income categories are much more likely to
become crime victims than those who are more affluent.
d) Marital Status - Separated and never-married males and females are victimized
more often than married people.
e) Ethnicity - Ethnic minorities share a high risk of victimization.
f) Repeat Victimization - Individuals who have been crime victims maintain a
significantly higher chance of future victimization than people who have remained
non-victims.

Levels of Victimization
The low, medium and high level of victimization are refer to the levels of
possibility of becoming a victim of crime by virtue of personal, professional and
social life. Prostitutes are good example of high risk due to the nature of their work.
Exposure to strangers, travelling alone late at night and possible contact with drug
users that made them in high risk of becoming victims of crime.

Theories of Victimization
Victim risk is may further broken down into a number of theories: Victim
Precipitation Theory; Lifestyle Theory; Deviant Place Theory; and Routine Activities.
a) Victim Precipitation Theory. According to this theory victims trigger
criminal acts by their provocative behavior. It consists of active precipitation, which
involves fighting words or gestures, and passive precipitation which occurs when
victims unknowingly threaten their attacker.
b) Lifestyle Theory. This theory suggests that victimization risk is increased
when people have a high-risk lifestyle. Placing oneself at risk by going out to
dangerous places results in increased victimization.
c) Deviant Place Theory. This theory postulated that people who live in
deviant places are at high risk from crime. Victim behavior has little influence over
the criminal act.
d) Routine Activities. Crime rate can be explained by the availability of
suitable targets, the absence of capable guardians, and the presence of motivated
offenders.

Victim Profiling
Constructing a victim profile, sometimes refer to as Forensic Victimology, is
concerned with the investigation and examination of victims alleged to have suffered
specific crimes, which is an idiographic form of knowledge building. The following are
the basic information to be acquired:
 Physical traits
 Marital status
 Occupation or business
 Education
 Medical history
 Travel history
 Drug and alcohol history
 Friends and enemies
 Family background

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 Employment history
 Lifestyle
 Previous exposure to Criminal justice system
 Last known activities, including a timeline of events
 Personal diaries (if there is)

Victim Service Programs

The following are the needed services for the victims:
a. Victim Compensation
b. Legal Services
c. Public Education
d. Crisis Intervention
e. Victim-offender Reconciliation Program

CHAPTER X
LEGAL FOUNDATION OF CRIMINOLOGY PROFESSION
Before the enactment of Republic Act 11131, otherwise known as "The
Philippine Criminology Profession Act of 2018", Criminology profession was
governed by Republic Act 6506, otherwise known as "An Act Creating the Board of
Criminologist which took effect on July 1, 1972, but implemented only in 1987.
Although the latter provided seeds to the recognition of the Criminology Profession
in the Country, recent developmental conditions demands that it needs to be
updated to make it more responsive to the present time. Hence, the birth of
Republic Act 11131.
This Chapter discusses the salient provisions of Republic Act 11131 that
repealed Republic Act 6506.

A. The Philippine Criminology Profession Act of 2018

Republic Act No. 11131 otherwise known as The Philippine Criminology
Profession Act of 2018 is a result of a House Bill No. 7191 and Senate Bill No. 452
principally sponsored by Gary C. Alejano, Maximo B. Rodriguez Jr. et al in the House
of Representatives and Antonio "Sonny" F. Trillanes, IV in the Senate. It was
approved by President Rodrigo Roa Duterte on November 8, 2018. The complete
title of the law is "An Act Regulating the Practice of Criminology Profession in the
Philippines, and Appropriating Funds Therefor, Repealing for the Purpose Republic
Act No. 6506, Otherwise Known as "An Act Creating the Board of Examiners for
Criminologists in the Philippines"

B. Parts of the Law

Article I - Title, Policy, Objectives, Terms and Practice
Article II - Professional Regulatory Board for Criminologists
Article III - Examination, Registration, Certification and Licensure
Article IV - Practice of Criminology
Article V - Privileges of Registered Criminologists

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C. State Policy on Criminology Profession
Recognition of the importance of criminology profession in national security,
public safety, peace and order, and in nation-building ́ and development.

D. Objectives and Activities in Criminology Governed by R. A. 11131

1. The examination, registration and licensure for criminologists;
2. The supervision, control and regulation of the practice of criminology;
3. The standardization and regulation of criminology education;
4. The development of the professional competence of criminologists through
Continuing Professional Development (CPD); and
5. The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization. (Section 3)

E. Definition of Terms
APO - refers to the Accredited Professional Organization of criminologists,
that the Professional Regulatory Board of Criminology created.
CHED - refers to the Commission on Higher Education (CHED) created under
Republic Act No. 7722, otherwise known as "Higher Education Act of 1994".
Criminology - refers to the scientific study of crimes, criminals, and victims, it
also deals with the prevention, and solution of crimes;
Registered criminologist (RCrim) - refers to a natural person who holds a
valid certificate of registration AND an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to this Act.

F. The Professional Regulatory Board (PRB) for Criminologists (ART II, Secs 6 8)
Composition of the PRB for Criminologists: A Chairperson and four (4)
members.
Nature: Collegial body under the administrative supervision and control of
the PRC.
Appointing Authority: President of the Philippines from a list of three (3)
recommendees for each position, chosen and ranked by the Commission from a list
of three (3) nominees for every position endorsed by the APO.
Term of Office: Three (3) years from the date of appointment OR until
successors shall have been qualified and appointed. May be reappointed to the same
office for another term of three (3) years immediately after the expiry of the term:
Provided, That the holding of such position shall not be more than two (2) terms nor
more than six (6) years, whichever is longer.

G. Qualifications of the Chairperson and Members of the Board (Section 7)

1. Must be a natural-born Filipino citizen and a resident of the Philippines;
2. Must be be of good moral character, good reputation and of sound mind and
body;
3. Not convicted by a court of competent jurisdiction of any offense involving moral
turpitude;
4. Must be a graduate of Bachelor of Science in Criminology, AND a holder of a Post-
Graduate Degree in Criminology OR a lawyer in any reputable school recognized by
the CHED;

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5. Must be a registered criminologist with a valid certificate of registration and a
valid professional identification card, having at least ten (10) years of practice in the
profession prior to the appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time capacity in the
college of criminology or college of law recognized by the government through the
CHED;
6. Must be a member in good standing of the APO but not an officer or trustee
thereof; and
7. Must not be a member of the faculty of any school, college or university where a
regular class or review course in criminology is offered, nor a member of the staff of
reviewers in a review school or center, and must not have any direct or indirect
pecuniary interest in any such institution.

H. Powers, Functions, Duties and Responsibilities of the Board (Section 10)

Executive and Administrative Powers
1. Administer, supervise, and monitor the conduct of the licensure examination,
registration, membership in the APO and the practice of criminology.
2. Adopt an official seal of the Board;
3. Issue, suspend, revoke or reinstate the certificate of registration of the registered
criminologist or cancel temporary/special permit granted to foreign criminologist;
4. Administer oaths in the performance of its functions such as, but not limited to,
the oath of a professional to successful examinees in licensure examination for
criminologist together with the APO in an appropriate mass oath-taking ceremony to
be held for the purpose;
5. Monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement of
the profession and the maintenance of high professional, ethical an technical
standards; for this purpose, the members of the Board, duly authorized by the
Commission, may conduct ocular inspection of establishments where criminology is
practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;
6. Monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
7. Prepare an annual report of accomplishments on programs, projects and activities
of the Board for submission to the Commission after the close of each calendar year
and make appropriate recommendations to the Commission on issues or problems
affecting the criminology profession; and
8. Exercise such other powers as may be provided by law as well as those which may
be implied from, or which are incidental or necessary to the effective carrying out of
the express powers granted to the Board to achieve the objectives and purposes of
this Act. The resolutions, rules and regulations and other policies issued and
promulgated by the Board shall be subject for review and approval by the
Commission.

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Rule-Making Powers
1. Promulgate and issue rules and regulations implementing the provisions of RA
11131.
2. Promulgate and adopt Code of Ethics and Code of Good Governance for the
practice of criminology;
3. Prescribe and promulgate guidelines on the conduct of a CPD program for
criminologists in consultation with the APO;
4. Promulgate, adopt or amend the syllabi and tables of specifications of the subjects
for the licensure examination/s in consultation with the APO, the academe, and the
CHED
Technical Panel for Criminology, prepare questions for the licensure examination
which shall strictly be within the scope of the syllabi of the subjects for examination,
as well as administer and correct, and release the results of the licensure
examinations;

Quasi-Judicial Powers
1. Receive complaints and decide the matter as to the malpractices and unethical
conduct in the practice of the criminology profession;
2. Hear and investigate cases on violations of this Act, its implementing rules and
regulations (IRR), the Code of Ethics, the Code of Good Governance and other
policies, and for this purpose, to issue summons, subpoena ad testificandum and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations and the production of documents in
connection therewith:
3. Delegate to the Commission the hearing or investigation of cases against the
alleged violators: Provided, That the hearing or investigation of cases wherein the
issue or question involved strictly concerns the technical practice of criminology shall
be presided over by at least one (1) member of the Board assisted by a Legal or
Hearing Officer of the Commission;
4. Recommend to the Commission the endorsement of cases involving criminal
violations of this Act, its IRR, and other laws to the Prosecution Office or appropriate
government agency, for investigation and appropriate action;
5. Disqualify applicants for the licensure examination who has been previously
convicted of a crime with finality involving moral turpitude. Hear and decide
administrative cases against the examinees or registered criminologists if they have
been convicted of a crime involving moral turpitude: Provided, That if they are found
guilty, the Board shall cancel their examination papers and/or preclude them from
taking another licensure examination, or to revoke/suspend their certificates of
registration and cause the surrender of their professional identification card subject
to the rules and regulations of the PRC: Provided, further, That the decision of the
Board shall, unless appealed to the Commission, become final and executory after
fifteen (15) days from receipt of notice of judgment or decision;
6. Conduct, through the Legal or Hearing Officers, summary proceedings against the
examinees who commit violations of this Act, its IRR, any of the Codes
aforementioned, including violation of the General Instructions to Examinees, and to

67
render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment
or decision;

I. Examination, Registration, Certification and Licensure (Article III)

Examination
Qualifications of an Applicant for the Licensure Examination (Sec 14)
1. Must be a citizen of the Philippines or a foreign citizen citizen whose country/state
has reciprocity with the Philippines in the practice of criminology;
2. Must be of good moral character, good reputation and of sound mind and body
certified by the school where he/she graduated and the barangay where he/she
lives, unless the examinee is a foreign national a certification from any professional
of good standing will do;
3. Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution
of learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
4. Must not have been convicted of an offense involving moral turpitude by a court
of competent jurisdiction; and
5. Must not have been failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination; UNLESS he/she must present a certification
issued by a reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.

J. Subjects for Licensure Examinations (Sec 15)

1. Criminal Jurisprudence and Procedure (20%)
2. 2. Law Enforcement Administration (20%)
3. Criminalistics (20%)
4. Crime Detection and Investigation (15%)
5. Correctional Administration (10)
6. Crime Sociology (15%)

K. Persons to Teach Subjects for Licensure Examination (Sec 16)

ALL SUBJECTS for the licensure examination SHALL be taught by a:
1. Registered criminologist
2. Holder of a valid certificate of registration and updated professional identification
card for criminologist, APO membership, and CPD required units earned,
3. Meet other CHED requirements.

L. Rating in the Licensure Examination (Sec 17)

Passing Grade: Seventy-five percent (75%) with no grade less than sixty
percent (60%) IN ANY given subject.
Deferred Result: The examinee obtained a weighted average rating of
seventy-five percent (75%) but, has a grade below sixty percent (60%) in any of the
subjects. In this case, the candidate shall retake the subject which he/she got 60%
once within two (2) years from the date of the examination and obtain a grade not

68
lower than eighty percent (80%) on the subject. Failure to retake the exam after the
lapse of two (2) years or failed to get the passing mark of eighty percent (80%),
shall entail the candidate to retake all the board subjects.

M. Two Kinds of Failed Examination

1. Failure to obtain an average grade of 75%; and
2. Obtaining a failed grades in the three (3) or more subjects of the exams.

N. Successful applicant Who May Not be Given Certificate of Registration and

Professional identification Card/Special Permit by the Board (Section 21)
1. Convicted with finality of a crime involving moral turpitude by a court of
competent jurisdiction;
2. Found guilty of immoral or dishonorable conduct by the Board;
3. Summarily adjudged guilty for violation of the General Instruction to Examinees by
the Board; and
4. Declared of unsound mind by a court of competent jurisdiction. In refusing such
registration, the Board' shall give the applicant a written statement setting forth the
reasons thereof and shall file a copy in its records.

O. Grounds for Revocation or Suspension of the Certificate of Registration and

Cancellation of Temporary/Special Permit (Section 22)
1. Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good
Governance, or policy of the Board and/or the Commission;
2. Conviction of a crime with finality involving moral turpitude;
3. Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/special permit;
4. Gross incompetence, negligence or ignorance resulting to death or injury of a
person, or damage to property;
5. Nonrenewal of the professional identification card for a period of six (6) years with
the PRC without justifiable cause;
6. Aiding or abetting the illegal practice of a non-registered criminologist by allowing
the use of one's certificate of registration and/or professional identification card or
temporary/special permit;
7. Illegally practicing the profession during the suspension from the practice thereof;
8. Addiction to drugs or alcohol impairing one's ability to practice the profession or a
declaration by a court of competent jurisdiction that the registrant is of unsound
mind; and
9. Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add new
ones as the need arises subject to approval by the Commission.
Any person, firm or association may file charge/s in accordance with the
provision of this section against any registrant, and the Board may investigate the
commission of any of the abovementioned causes. causes. Affidavit-complaint shall
be filed together with the affidavits of witnesses and other documentary evidence
with the Board through the Legal and Investigation Office. The conduct of an
investigation motu proprio shall be embodied in a formal charge to be signed by at

69
least majority of the members of the Board. The rules on administrative investigation
issued by the Commission shall govern the hearing or investigation, subject to
applicable provisions of this Act, Republic Act No. 8981 and the Rules of Court.

P. Requirements for the Renewal of Professional Identification Card (Section 25)

Only upon the completion of the prescribed minimum units of the CPD
program by the registrant from the APO or any accredited provider authorized by
the Commission.

Q. Practice of Criminology
Meaning of the "Practice of Criminology" (ART I, Section 5)
1. As a law enforcement administrator, executive, adviser, consultant, officer,
investigator, agent or employee in any private or government agencies performing
law enforcement and quasi-police functions.
2. As professor, instructor or teacher in any university, college or school duly
recognized by the government of any of the following professional and component
subjects of the criminology program:
2.1 Criminal Jurisprudence and Procedure;
2.2 Criminalistics;
2.3 Law Enforcement Administration;
2.4 Crime Detection and Investigation; 2.5 Correctional Administration;
2.6 Criminal Sociology and Ethics, and 2.7 Other technical and specialized
subjects in the criminology curriculum provided by the CHED;
3. As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned
document, deoxyribonucleic acid (DNA), lie detection, firearms identification,
forensic photography, forensic chemistry and other scientific crime detection and
investigation;
4. As a correctional administrator, executive, supervisor, or officer in any
rehabilitation, correctional, and penal institution or facility, and in any community-
based corrections, and rehabilitation agencies and/or programs;
5. As a counsellor, consultant, adviser or researcher in any government or or private
agency on any aspect of criminological research or project involving the causes of
crime, children in conflict with the law, treatment of offenders, police operations,
law enforcement administration, scientific criminal investigation or public safety and
national security administration; and
6. As a private investigator, administrator, consultant or agent, or detective in any
private security and investigation agency organized under the laws of the Philippines.
(Section 5)

R. Persons Who Can Practice Criminology (Article IV, Secs 27, 29 & 30)
Natural persons:
1. Duly registered criminologists and holders of valid certificates of registration and
valid professional identification cards issued by the Board and the Commission
pursuant to this Act; and
2. Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.

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Juridical persons:
1. Single proprietorship whose owner and technical staff are registered
criminologists;
2. Partnership duly registered with the Securities and Exchange Commission (SEC) as
professional partnership pursuant to the Civil Code and composed of partners
majority of whom are registered criminologists;
3. Corporation duly registered with the SEC as engaged in the practice of criminology
and with officers and Board of Directors who are all registered criminologists; and
4. Association and cooperative duly registered with the appropriate government
agency as a non-stock corporation where majority of the officers, Board of Trustees
and members are registered criminologists.
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.

Foreign Reciprocity
No foreigner shall be allowed to take the licensure examination for
criminologists, register, receive ones certificate of registration and professional
identification card, and practice criminology in the Philippines unless the
requirements for the licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign country/state are
substantially the same as those required and contemplated by the Philippine laws
and regulations, and unless the foreign laws and regulations allow Philippine citizens
to practice criminology within the territory of the foreign country/state on the same
basis and grant the same privileges as those enjoyed by the citizens, subjects or
nationals thereof.

Practice Through Temporary/Special Permit

1. Registered from foreign criminologists countries/states whose services are
rendered either for free or for a fee:
2. If they are internationally known criminologists or experts in any branch, specialty
or allied field of criminology; and
3. If their services are urgently and importantly required for lack or inadequacy of
available local specialists or experts; or for the promotion or advancement of the
practice of criminology through transfer of technology;
4. Registered criminologists from foreign countries/states whose services whose
services shall be free and limited to indigent patients in a particular hospital, center
or clinic; and
5. Registered criminologists from foreign countries/states employed as exchange
professors in a branch, specialty or allied field of criminology, in schools, colleges or
universities offering the course of
criminology.

S. Illegal Practice of Criminology (Section 37)

1. Practicing criminology without valid certificate of registration and a valid
professional identification card or a valid temporary/special permit;

71
2. Attempting to use the seal, certificate of registration and professional
identification card of a registered criminologist or temporary/special permit issued
to a foreign criminologist;
3. Abetting the illegal practice of criminology by an unregistered or unauthorized
person;
4. Securing through false information or fraudulent means certificate of registration
and professional identification card or temporary/special permit;
5. Impersonating a registered criminologist or a holder of a temporary/special
permit; and 6. Violating any provision of this Act or the IRR thereof. Where the
violator is a juridical person, the Board of Directors and other responsible officers of
the corporation shall be held liable.

T. Penalty for Illegal Practice of Criminology

A fine of not less than One hundred thousand pesos (100,000.00) nor more
than Five hundred thousand pesos ($500,000.00),
OR
Imprisonment for not less than two (2) years and one (1) day nor more than
six (6) years, or both, at the discretion of the court.

U. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and

APO Membership (Section 31)
The practitioner of the criminology profession shall be required to indicate
the certificate of registration number and date of issuance, the expiry of the current
professional identification card, the professional tax receipt number and date, and
the APO membership number and date with official receipt number and date of
membership payment (annual/lifetime) on the documents one signs, uses or issues
in connection with the practice of the profession.

V. Integration of Registered Criminologist (Section 33)

One (1) national organization of criminologists duly registered with the SEC.
The Board, subject to the approval by the Commission, shall accredit the
organization as the one and only integrated and accredited national organization of
criminologists
Its continued accreditation is subject to compliance with the periodic
requirements and standards set forth by the Commission.
All criminologists whose whose names appear in the Registry Book of Criminologists
shall ipso facto become members of the APO and shall receive all the benefits and
privileges upon payment of membership fees and dues.

W. Privileges of Registered Criminologists (Article V, Sections 34, 35 & 36)

1. Exemption from taking any other entrance or qualifying government or civil
service examinations and shall be considered civil service eligible to various
government agencies under the Criminal Justice System.
2. Preference of appointment in government criminal justice and other government
institutions government-owned and -controlled corporations and other government
agencies with positions involving the practice of criminology.

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3. Preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or
its equivalent in the PDEA, NBI, and other law enforcement agencies.

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