Reviewer Compilation For Book Bound
Reviewer Compilation For Book Bound
Reviewer Compilation For Book Bound
Police Organization - a group of trained personnel in the field of public safety administration
engaged in the achievement of goals and objectives that promotes the maintenance of peace and
order, protection of life and property, enforcement of the laws and the prevention of crimes.
Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.
Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.
Supervision - means the act of watching over the work or tasks of the members of the organization to
ensure that desired results are achieved.
Management - the process of directing and facilitating the work of people organized in formal
groups in order to achieve objectives. Judicious or wise use of resources
(manpower, material, money ,equipment, supplies and time).
Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience upward,
through the department.
Authority - the right to command and control the behavior of employees in lower positions within an
organizational hierarchy. Must be viewed in terms of prescribed roles rather than of individuals.
A particular position within the organization. Carries the same regardless of who occupies that position.
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting
1. Functional Units
2. Territorial Units
POLICE – French word which was later adopted by the English language
2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.
1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than
trying to prevent them from committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.
1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
city), which had the primary task of firefighting and
policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.
1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
replaced by his blind brother, John Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in
London England, called the Metropolitan Police
Service.
- this law was passed through the initiative of Sir
Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service
is the Scotland Yard, now known as the New
Scotland Yard
AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his contributions
in the development of the field of criminal justice in the US
- author of the book, Police Administration, which
served as the basic guide in the administration of the
police organization in the US
- was the first police chief of Berkeley, California.
Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.
Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.
Col. Lambert Javalera - the first chief of police of the Manila Police Department after the Philippine
Independence from the United States of America in 1946
Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.
HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF
1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND
REORGANIZATION ACT OF 1998 and RA 9708
COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years
without reappointment or extension
* three of the four regular commissioners shall come
from civilian sector and not former members of the
police or military
* the fourth regular commissioner shall come from the
law enforcement sector either active or retired
* at least one (1) of the four regular commissioners
shall be a woman
* from among the three regular commissioners from
the civilian sector, the Vice Chairperson shall be
chosen
* the Vice Chairperson shall act as the Executive
Officer of the Commission
* refer to the organizational structure of the
NAPOLCOM
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the Police
Commission (POLCOM).
1972 - The POLCOM was reorganized as the National Police Commission.
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975.
The Integrated National Police was established with the Philippine Constabulary as nucleus under the
Department of national Defense. The NAPOLCOM, originally under the office of the President
was transferred to the Ministry of National defense
1985 - The National Police Commission was returned to the office of the President pursuant
to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the command,
supervision and control of the President. This order vested the NAPOLCOM with the powers
of administrative control and supervision over the Integrated National Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government (DILG). A new National Police
Commission was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as the
Philippine National Police reform and reorganization act of 1998. This act strengthened and expanded
NAPOLCOM,s authority over the PNP to include administration of police entrance examination and
conduct pre-charge investigation against police anomalies and irregularities and summary
dismissal of erring police members.
2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line
functions and assist in the performance of the line
functions
- examples of the staff functions of the police are
planning, research, budgeting and legal advice
3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the
organization
- examples are training, communication, maintenance,
records management, supplies and equipment management
1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice
control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records
management,supplies.
ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions, departments and
functions or work of the organization
- it is comprised of functions, relationships,
responsibilities and authorities of individuals within
the organization
1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the
highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l
level of authority before it can be carried out
- involves few departments
2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who
are all accountable to the authority above.
ORGANIZATIONAL PRINCIPLES
2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise
3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior
position to a lower-level position.
4. HIERARCHY OF AUTHORITY
- the relationship between superiors and
subordinates
- serves as the framework for the flow of authority
downward and obedience upward through the
department
HIERARCHY - represents the formal relationship
among superiors and subordinates in any given
organization
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks
6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom
on the basis of rank or position and authority.
7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be
responsible for the effective supervision and
control.
Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains to select
able-bodied young men to protect their barangay
during the night and were not required to work
in the fields during daytime.Among the duties of
those selected were to protect the properties
of the people in the barangay and protect their
crops and livestock from wild animals.
Spanish Period
Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations
of the Department of State; this was armed
and considered as the mounted police; years after, this kind of police organization
discharged the duties of a port, harbor and river police.
Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January 1836,
this decree provided that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this police organization for
three years
Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of
their work in policing towns,it consisted of a body
of Filipino policemen organized originally in each
of the provincial capitals of the central provinces
of Luzon under the Alcalde Mayor
American Period
Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882.
Father of the Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.
ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901.
Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary,
enacted on October 3, 1901
Executive Order 389 – ordered that the Philippine Constabulary be one of the four services
of the Armed Forces of the Philippines, enacted on
December 23, 1940.
Post-American Period
RA 4864 – otherwise known as the Police Professionalization Act of 1966,
enacted on September 8, 1966; created the Police Commission
(POLCOM) as a supervisory agency to oversee the
training and professionalization of the local
police forces under the Office of the President; later POLCOM was renamed into National Police
Commission (NAPOLCOM).
Martial Law Period
Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10, 1985
Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National Police Commission
RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public Safety College.
RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum education
qualification for appointment to the PNP and adjusting the promotion system thereof, amending for the
purpose pertinent provisions of RA 6975 and RA 8551 and for other purposes.
Industrial Security Management Reviewer
Active Security Measures
1. Physical Barriers
2. Security lighting
3. Vaults
4. Locks
Person - shall include not only natural persons but also juridical
persons such as corporation, partnership, company or association duly
registered with the Securities and Exchange Commission.
Exception:
1. Escort duties
2. Hot pursuit of criminal offenders
Private Detective - is any person who does detective work for hire,
reward or commission, other than members of the Armed Forces of the
Philippines, guards of the Bureau of Jail Management and Penology,
municipal or city jail guards, and members of the Philippine National
Police or of any other law enforcement agency of the government.
Notes:
1. All person used in a private detective work must be licensed
2. All person employed solely for clerical or manual work need
no private detective license.
3. License (LTO) shall be displayed at all times in a conspicuous
and suitable place in the agency office or headquarters of
the agency and shall be exhibited at the request of any person
whose jurisdiction is in relation with the business of the
agency or the employees thereof, or of the Chief of the PNP
or his duly authorized representative or any peace officer.
4. The PNP shall exercise general supervision over the operation
of all private detective and private detective agency.
Limitations/Disqualification/Prohibitions In Organizing A
Security Agency
1. Security Agency must be 100% Filipino owned
2. No person shall organize or have an interest in, more than
security agency
3. No agency shall offer, render or accept services in gambling
dens or other illegal business establishments or enterprises.
4. Must not be an elective or appointive government employees
who may be called upon on account of the functions of their
respective offices in the implementation and enforcement of
the Private Security Agency Law and any person related to
such government employees by affinity or consanguinity in
the third civil degree shall not hold any interest, directly
or indirectly in any security guard or watchman agency.
5. The extent of the security guard service being furnished by
the security agency shall not go beyond the compound and/or
property of the person or establishment contracting the
security service except when the security guards is
escorting big amount of money or valuables.
6. Main Office - All agencies shall maintain a main office in
their registered addresses.
Moribund - (dying)(stagnant)(obsolescent) in
terminal decline; lacking vitality or vigour.
Types of Security
1. Industrial Security - a type of security applied to business
groups engaged in industries like manufacturing, assembling,
research and development, processing, warehousing and even
agriculture. It may also mean the business of providing security.
2. Hotel Security- a type of security applied to hotels where its
properties are protected from pilferage, loss damage and the
function in the hotel restaurants are not disturbed and troubled
by outsiders or the guest themselves. This type of security
employs house detectives, uniforms guard and supervisor and
insures that hotel guests and their personal effects are safeguarded.
3. Bank Security- this type of security is concern with the bank
operations.
4. VIP Security- a type of security applied for the protection of
top-ranking officials of the government or private entity,
visiting persons of illustrious standing and foreign dignitaries.
5. School Security- a type of security that is concern with the
protection of the students, faculty members, and school properties.
6. Supermarket or Mall Security- a type of security which is concern
with the protection of the stores, warehouses, storage, its
immediate premises and properties as well as the supermarket
personnel and customers. Security personnel are trained to detect
shoplifter, robbery, and bomb detection and customer relation.
7. Other Types- this includes all other security matters not covered
in the above enumeration.
Police Patrol Reviewer
1842 - the London Metropolitan Police established the first detective
branch.
Bow Street Patrols - a small body of police in London who had been
organized in the mid-18th century by the novelist and magistrate
Henry Fielding and his half-brother, Sir John Fielding.
Egypt - the first policing organization was created in about 3000 BC.
New York Police - The first police department in the United States,
it was established in 1844 and it was officially organized in 1845.
Patrol As A Function
1. Constant Movement
2. Prevent/deter crime
3. Eliminate opportunity for crime
Patrol Method
1. Foot Patrol
2. Motorcycle Patrol
3. Motorized Patrol
4. Bike Patrol
5. Horse Patrol
6. Aircraft Patrol
7. Watercraft Patrol
Patrol Supervision
1. Hands on - supervisor involved in day to day activities.
2. Command - supervisor shows up at incident sites and gives
orders
3. Counsel - supervisor available and when requested shows
up at incident sites.
Patrol Techniques
1. Routine Patrol
2. Directed Patrol
3. D-Runs
4. Saturation Patrol
5. Split Force
6. Suspect-Oriented Patrol
Police Operations
1. Patrol - 50 % Of Force - 80 % Of Budget
2. Criminal Investigation (Detectives) - Solve 20 % Of Cases Solved
In Depth case screening
3. Traffic
4. Support/Special Services
Robert Peel - established the Metropolitan Police Force for London based
at Scotland Yard in 1929. Father of modern policing system.
Categories of Intelligence
1. National Intelligence - integrated product of intelligence
developed by all government departments concerning the broad
aspect of national policy and national security.
2. Departmental Intelligence - the intelligence required by the
department or agencies of the government to execute iys mission
and discharge its responsibilities.
3. Military Intelligence - refers to the knowledge by the military
institution essential in the preparation and execution of military
plans, policies and programs.
Classifications of Documents
1. Top Secret - calls for the utmost degree of protection, Unauthorized
revelation of this materials and information will cause extremely
severe damage to the nation, politically, economically, or
militarily.
2. Secret - unauthorized disclosure of this documents or things may
put at risk the national security, cause serious injury to the
reputation of the nation.
3. Confidential - Unauthorized revelation of which may be injurious
to the reputation of the nation or governmental activity or will
cause administrative humiliation or unnecessary injury.
4. Restricted - this are information which should not be published
or communicated to anyone except for official purposes. These
records are daily files, routine in nature even if lost or
destroyed will not affect operation or administration.
Objectives of Counter-Intelligence
1. It denies information to the enemy
2. It reduces the risk of a command
3. Aid in achieving surprises
4. Increases the security of the command
5. Decrease the ability of the enemy to create information
about the forces.
Functions/Activities of Counter-Intelligence
1. Protection of Information against espionage
2. Protection of personnel against subversion
3. Protection of installations and materials against sabotage
Informants - any person who hand over information to the agents which
is relevant to the subject.
Type of Informants
1. Anonymous - unidentified or unknown informants.
2. False Informant - reveals information of no consequences
or value.
3. Frightened Informants - weakest link in criminal chain,
motivated by anxiety.
4. Self-Aggrandizing - moves around the the center of criminals
delight in surprising the police about bits of information.
5. Mercenary - information for sale, needed something for exchange
of information.
6. Double Crosser - wants to get more information from the police
more than what he gives.
7. Women Informant - most dangerous type of informant.
8. Legitimate - operators of business.
Motives of Informants
1. Vanity - conceited act/character of the criminal resulting to
self-betrayal or tantamount to guilt, gaining favorable
attention and importance by the police.
2. Civic-Mindedness - sense of duty and obligation to assist
the police.
3. Fear - a person under an illusion of oppression by enemies or
of other impending danger.
4. Repentance - one who has a change of heart and wishes to
report a crime that is preying on his conscience.
5. Gratitude or Gain - an expression of appreciation to obtain
a privilege or an interest in the welfare of his family
during his detention.
6. Revenge - to settle a grudge due to settle a previous injury.
7. Jealousy - envious of the accomplishments or possessions of
another and wishes to humiliate him.
8. Remuneration - a person who informs solely for the pecuniary
or other material gain he is to receive.
Intelligence Cycle
1. Planning
2. Collection
3. Processing
4. Dissemination
Julius Caesar - in his time, the staff of each legion includes ten
speculators who served as an information collecting agency. The
Speculators were the first intelligence personnel to appear in a
military organization. Military success of the Romans was aided by
the communication system. Made use of pigeons as carrier which made
intelligence transmittal very fast.
Methods of Surveillance
1. Stationary Surveillance - also referred to as Fixed or
Stakeout Surveillance - is used when you know or suspect
that a person is at or will come to a known location, when
you suspect that stolen goods are to be dropped or when
informants have told you that a crime is going to be
committed.
Forms of Shadowing/Tailing
1. Loose Tail - employed where a general impression
of the subject's habits and associates is required.
Principles of Intelligence
1. Intelligence and Operation are interdependent
2. Intelligence is continuous
3. Intelligence must be useful
4. Intelligence operation requires imagination and foresight
5. intelligence must be available on time
6. Intelligence must be flexible
7. Intelligence requires continuous security measures
Reliability of Information
A - Completely Reliable
B - Usually Reliable
C - Fairly Reliable
D - Not Usually Reliable
E - Unreliable
F - Reliability Can Not Be Judge
Security Clearance - is a certification by a responsible authority
that the person described is clear to access and classify matters
at appropriate levels.
Types of PSI
1. Local Agency Check - refers to the investigation of the
records and files of agency in the area of principal
residence of the individual being investigated: Mayor,
Police, Fiscal where the individual is a resident.
2. National Agency Check - it consist of LAC supplemented by
investigation of the records and files of the following
agencies: PNP. ISAFP, NBI, CSC, Bureau of Immigration
and other agencies.
3. Background Investigation - a check made on an individual
usually seeking employment through subject's records in
the police files, educational institutions, place of
residence and former employers.
Types of Cover
1. Artificial -altering the background that will correspond
to the operation.
2. Multiple - includes different cover
3. Natural - actual or true background
Means of Attrition
1. Attrition by attainment of maximum tenure in position
a. Chief PNP - 4 years
b. PNP Deputy Chief for Operation - 4 years
c. PNP Deputy chief for Administration - 4 years
d. PNP Chief of the Directorial Staff - 4 years
e. Regional Directors - 6 years
f. Provincial directors - 9 years
g. City Directors - 9 years
h. Other positions higher than provincial director shall have
the maximum tenure of 6 years.
2. Attrition by Relief
A PNP member who has been relieved for cause and has not been
given an assignment within 2 years from the effective date of
such relief shall be retired or separated.
3. Attrition by Demotion in Position
A PNP member who has been relieved and assigned to a position
lower than what is established for his/her rank in the PNP
staffing pattern and who shall not be assigned to a position
commensurate to such rank despite the existence of a vacancy
within 18 months after his/her demotion in position shall be
retired or separated.
4. Attrition by Non-Promotion
A PNP member who has not been promoted for a continuous period
of 10 years shall be retired or separated.
5. Attrition by Other Means - a PNP member with at least 5 years
of accumulated active service shall be separated based on any
of the following grounds:
a. Inefficiency based on poor performance during the last 2
successive annual rating periods.
b. Inefficiency based on poor performance for 3 cumulative
annual ratings.
c. Physical and/or mental incapacity to perform police
functions and duties
d. Failure to pass the required entrance examination twice
and/or finish the required career courses except for
justifiable reasons.
e. Refusal to take a periodic PNP Physical fitness test
without justifiable reason.
f. Failure to take PNP physical fitness test for 4 consecutive
periodic tests due to health reasons.
g. Failure to pass PNP physical fitness test for 2 consecutive
periodic tests or 4 cumulative periodic tests.
h. Non-Compliance with the minimum qualification standards for
the permanency of original appointment.
Attrition in Action - refers to the action containing the findings
and evidence on a specific means of attrition filed by a particular
screening committee before the concerned attrition board.
Budgeting - with all that goes with budgeting in the form of planning,
accounting and control.
Discipline - Employees must obey and respect the rules that govern the
organization. Good discipline is the result of effective leadership,
a clear understanding between management and workers regarding the
organization’s rules, and the judicious use of penalties for infractions
of the rules.
Esprit de corps - Promoting team spirit will build harmony and unity
within the organization.
Initiative - Employees who are allowed to originate and carry out plans
will exert high levels of effort.
Just Cause - refers to the legal grounds that would warrant the relief
or removal of a PNP member from his present position and designation
in the PNP organization.
Planning - that is working out in broad outline the things that need
to be done and the methods for doing them to accomplish the purpose
set for the enterprise.
Scalar Chain - The line of authority from top management to the lowest
ranks represents the scalar chain. Communications should follow this
chain. However, if following the chain creates delays,
cross-communications can be allowed if agreed to by all parties and
superiors are kept informed.
Second Level PCNO Ranks - refers to all rank for police non
commissioned officers.
Unity of Command - Every employee should receive orders from only one
superior.
Members Aseanapol
1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
6. Brunei Darussalam
7. Vietnam
8. Laos PDR
9. Myanmar
10.Cambodia
EUROPOL's Mandate
1. llicit drug trafficking
2. Illicit immigration networks;
3. Terrorism; Forgery of money (counterfeiting of the euro)
and other means of payment;
4. Trafficking in human beings (including child pornography);
5. Illicit vehicle trafficking;
6. Money laundering
Gendarmerie Nationale - is the national rural police force of Algeria.
Illegal Drug Trade - the term being used in the international scene,
it is a more comprehensive term than drug trafficking as it includes
cultivation and manufacture.
International Crimes
1. Aggression (by one state against another)
2. Treat of aggression
3. Genocide (destroying a national, ethnic, racial, or
religious group)
4. Terrorism
5. Drug trafficking
Alphonse Bertillon - was a French criminologist and anthropologist who created the
first system of physical measurements, photography, and record-keeping that police
could use to identify recidivist criminals.
Ancient Babylon - fingerprints were used in clay tablets for business transactions.
1000 - 2000 BC
Azizul Haque and Hem Chandra Bose(1897) - Two Indian fingerprint experts credited
with primary development of the Henry System of fingerprint classification (named
after their supervisor,
Edward Richard Henry).
Chiroscopy – It is the examination and thorough study of the palms of the human
hand as a point identifying persons.
Core -
1. Approximate center of the pattern
2. It is placed upon or within the innermost sufficient recurve.
Dactyl - finger
Delta -
1. point on a ridge at or nearest to the point of divergence of two typelines and
2. is located at or directly in front of the point of divergence.
Dr. Henry P. DeForrest - he accomplished the first fingerprint file established in the
United States, and the first use of fingerprinting by a U.S. government agency.
Dr. Nehemiah Grew - in 1684, he was the first European to publish friction ridge skin
observations.
Fingerprint - is an impression of the friction ridge of all or any part of the finger.
Fingerprint ridges are formed during the third to fourth month of fetal development.
Friction Skin - also called papillary skin, is the epidermal layer found on the ventral
or lower surface of the hands and feet covered with ridges and furrows.
Furrows - the depressed or canal-like structure/the white space between the ridges.
Gilbert Thompson - He used his thumb print on a document to prevent forgery. First
known use of fingerprints in the U.S.
Juan Vucetich - In 1892, two boys were brutally murdered in the village of Necochea,
near Buenos Aires, Argentina. Initially, suspicion fell on a man named Velasquez, a
suitor of the children's mother, Francisca Rojas. Investigators found a bloody
fingerprint at the crime scene and contacted Juan Vucetich, who was developing a
system of fingerprint identification for police use. Vucetich compared the fingerprints
of Rojas and Velasquez with the bloody fingerprint. Francisca Rojas had denied
touching the bloody bodies, but the fingerprint matched one of hers. Confronted with
the evidence, she confessed—the first successful use of fingerprint identification in a
murder investigation.
Loop -
1. One or more ridges enter upon either side
2. Recurve
3. Touch or pass an imaginary line between delta and core
4. Pass out or tend to pass out upon the same side the ridges entered.
Mark Twain - author of the novel Pudd'nhead Wilson where one of the characters
has a hobby of collecting fingerprints.
Podoscopy – a term coined by Wilder and Wentwrth which refers to the examination
of the soles and their significance in personal identification. Podo (foot), Skopien (to
study)
Ridge - the elevated or hill-like structure (the black lines with white dots)
1. Recurving Ridge - a single ridge that curves back to the direction where it started.
2. Ending Ridge - it refers to an abrupt end of a ridge
3. Enclosure or Lake Ridge - a single ridge that divides into two but does not remain
open and meet at a certain point to form the original single ridge.
4. Sufficent Recurve - a recurving ridge which is complete with its shoulder free from
any appendage.
5.Diverging Ridge - two ridges that split apart.
6.Converging Ridge - two ridges that meet at certain point.
7.Bifurcation - a ridge formation in which a single ridge splits or divides into 2 or
more ridges.
8.Ridge Dot (Island Ridge) - refers to a ridge formation in a form of a dot or period.
9.Appendage - a short ridge found at the top or summit of a recurve.
10.Rod (Bar) - a short or long ridge found inside the recurve directed towards the
core.
11.Obstruction Ridge - short ridge found inside the recurve which blocks the inner
line of flow towards the core.
12.Typelines - a diverging ridge that tends to surround the pattern area and serves
as a basic boundary of fingerprint impression.
13.Pattern Area - a part of a loop or whorl pattern surrounded by typelines and
consisting of the delta, the core and other ridges.
14.Delta - also called the outer terminus, is a point along the ridge formation found at
the center or near the center of the diverging typelines.
15.Core - also called the heart or inner terminus, usually found at the center of the
innermost recurve.
Ridge Destruction - ridge destruction of the friction skin can either be temporary or
permanent. Generally temporary destruction occur when only the epidermis layer of
the friction skin has been damaged while permanent damage can be injected to the
friction skin due to the damage in the dermis layer.
Ridge Formation - ridges start to form in the fingers and thumb during the 3rd to 4th
month of fetus life.
Ridgeology – describes the individualization process of any area of friction skin using
allavailable detail.
Ridge Characteristics
1. Ridge Dots - An isolated ridge unit whose length approximates its width in size.
2. Bifurcations - The point at which one friction ridge divides into two friction ridges.
3. Trifurcations - The point at which one friction ridge divides into three friction
ridges.
4. Ending Ridge - A single friction ridge that terminates within the friction ridge
structure.
5. Ridge Crossing - A point where two ridge units intersect.
6. Enclosures (Lakes) - A single friction ridge that bifurcates and rejoins after a short
course and continues as a single friction ridge.
7. Short Ridges (Islands) - Friction ridges of varying lengths.
8. Spurs (Hooks) - A bifurcation with one short ridge branching off a longer ridge.
9. Bridges - A connecting friction ridge between parallel running ridges, generally
right angles.
Sir Henry Faulds - his first paper on the subject of fingerprint was published in the
scientific journal Nature in 1880. Examining his own fingertips and those of friends,
he became convinced that the
pattern of ridges was unique to each individual.
Sir William James Herschel - was a British officer in India who used fingerprints for
identification on contracts.
1000-2000 B.C. - Fingerprints were used on clay tablets for business transactions in
ancient Babylon.
3rd Century B.C. - Thumbprints begin to be used on clay seals in China to “sign”
documents.
610-907 A.D. - During the T’ang Dynasty, a time when imperial China was one of the
most powerful and wealthy regions of the world, fingerprints are reportedly used on
official documents.
1st Century A.D. - A petroglyph located on a cliff face in Nova Scotia depicts a hand
with exaggerated ridges and finger whorls, presumably left by the Mi'kmaq people.
14th Century A.D. - Many official government documents in Persia have fingerprint
impressions. One government physician makes the observation that no two
fingerprints were an exact match.
1858 - The Chief Magistrate of the Hooghly district in Jungipoor, India, Sir William
Herschel, first used fingerprints to “sign” contracts with native Indians. In July of
1858, a local businessman named Rajyadhar Konai put his hand print on the back of
a contract at Herschel’s request. Herschel was not
motivated by the need to prove personal identity; rather, his motivation was to simply
“frighten (Konai) out of all thought of repudiating his signature.” As the locals felt
more bound to a contract through this personal contact than if it was just signed, as
did the ancient Babylonians and Chinese, Herschel adopted the practice
permanently. Later, only the prints of the right index and middle fingers were
required on contracts. In time, after viewing a number of fingerprints, Herschel
noticed that no two prints were exactly alike, and he observed that even in
widespread use, the fingerprints could be used for personal identification purposes.
1880 - Dr. Henry Faulds, a British surgeon and Superintendent of Tsukiji Hospital in
Tokyo, published an article in the Scientific Journal, "Nautre" (nature). He discussed
fingerprints as a means of personal identification, and the use of printers ink as a
method for obtaining such fingerprints. Faulds had begun his study of what he called
“skin-furrows” during the 1870s after looking at fingerprints on pieces of old clay
pottery. He is also credited with the first fingerprint identification: a greasy print left
by a laboratory worker on a bottle of alcohol. Soon, Faulds began to recognize that
the distinctive patterns on fingers held great promise as a means of individual
identification, and developed a classification system for recording these inked
impressions. Also in 1880, Faulds sent a description of his fingerprint classification
system to Sir Charles Darwin. Darwin, aging and in poor health, declined to assist
Dr. Faulds in the further study of fingerprints, but forwarded the information on to his
cousin, British scientist Sir Francis Galton.
1882 - Gilbert Thompson, employed by the U.S. Geological Survey in New Mexico,
uses his own fingerprints on a document to guard against forgery. This event is the
first known use of fingerprints for identification in America.
1883 - “Life on the Mississippi,” a novel by Mark Twain, tells the story of a murderer
who is identified by the use of fingerprints. His later book "Pudd'n Head Wilson”
includes a courtroom drama involving fingerprint identification.
1888 - Sir Francis Galton’s began his study of fingerprints during the 1880s, primarily
to develop a tool for determining genetic history and hereditary traits. Through
careful study of the work of Faulds, which he learned of through his cousin
Sir Charles Darwin, as well as his examination of fingerprints collected by Sir William
Herschel, Galton became the first to provide scientific evidence that no two
fingerprints are exactly the same, and that prints remain the same throughout a
person’s lifetime. He calculated that the odds of finding two identical fingerprints
were 1 in 64 billion.
1892 - Galton’s book “Fingerprints” is published, the first of its kind. In the book,
Galton detailed the first classification system for fingerprints; he identified three
types (loop, whorl, and arch) of characteristics for fingerprints (also known as
minutia). These characteristics are to an extent still in use today, often referred to as
Galton’s Details.
1892 - Juan Vucetich, an Argentine police official, had recently begun keeping the
first fingerprint files based on Galton’s Details. History was made that year when
Vucetich made the first criminal fingerprint identification. A woman named Rojas had
murdered her two sons, then cut her own throat to deflect blame from herself. Rojas
left a bloody print on a doorpost. After investigators matched the crime scene print to
that of the accused, Rojas confessed. Vucetich eventually developed his own
system of classification, and published a book entitled Dactiloscopía Comparada
("Comparative Fingerprinting") in 1904, detailing the Vucetich system, still the most
used system in Latin America.
1896 - British official Sir Edward Richard Henry had been living in Bengal, and was
looking to use a system similar to that of Herschel’s to eliminate problems within his
jurisdiction. After visiting Sir Francis Galton in England, Henry returned to
Bengal and instituted a fingerprinting program for all prisoners. By July of 1896,
Henry wrote in a report that the classification limitations had not yet been addressed.
A short time later, Henry developed a system of his own, which included
1,024 primary classifications. Within a year, the Governor General signed a
resolution directing that fingerprinting was to be the official method of identifying
criminals in British India.
1901 - Back in England and Wales, the success of the “Henry Fingerprint
Classification System” in India was creating a stir, and a committee was formed to
review Scotland Yard's identification methods. Henry was then transferred to
England, where he began training investigators to use the Henry Classification
System after founding Scotland Yard's Central Fingerprint Bureau. Within a few
years, the Henry Classification System was in use around the world, and fingerprints
had been established as the uniform system of identification for the future. The
Henry Classification System is still in use today in English speaking countries around
the globe.
1902 - Alphonse Bertillon, director of the Bureau of Identification of the Paris Police,
is responsible for the first criminal identification of a fingerprint without a known
suspect. A print taken from the scene of a homicide was compared against the
criminal fingerprints already on file, and a match was made, marking another
milestone in law enforcement technology. Meanwhile, the New York Civil Service
Commission, spearheaded by Dr. Henry P. DeForrest, institutes testing of the first
systematic use of fingerprints in the United States.
1903 - Fingerprinting technology comes into widespread use in the United States, as
the New York Police Department, the New York State Prison system and the Federal
Bureau of Prisons begin
working with the new science.
1904 - The St. Louis Police Department and the Leavenworth State Penitentiary in
Kansas start utilizing fingerprinting, assisted by a Sergeant from Scotland Yard who
had been guarding the British Display at the St. Louis Exposition.
1905 - The U.S. Army gets on the fingerprinting bandwagon, and within three years
was joined by the U.S. Navy and Marine Corps. In the ensuing 25 years, as more
law enforcement agencies joined in using fingerprints as personal identification
methods, these agencies began sending copies of the fingerprint cards to the
recently established National Bureau of Criminal Investigation.
1911 - The first central storage location for fingerprints in North America is
established in Ottawa by Edward Foster of the Dominion Police Force. The
repository is maintained by the Royal Canadian Mounted Police, and while it
originally held only 2000 sets of fingerprints, today the number is over 2 million.
1924 - The U.S. Congress acts to establish the Identification Division of the F.B.I.
The National Bureau and Leavenworth are consolidated to form the basis of the
F.B.I. fingerprint repository. By 1946, the F.B.I. had processed 100 million fingerprint
cards; that number doubles by 1971.
1996 - As Americans become more concerned with the growing missing and
abducted children problem, and law enforcement groups urge the fingerprinting of
children for investigative purposes in
the event of a child becoming missing, Chris Migliaro founds Fingerprint America in
Albany, NY. The company provides a simple, at-home fingerprinting and
identification kit for parents,
maintaining the family’s privacy while protecting and educating children about the
dangers of abduction. By 2001, the company distributes over 5 million Child ID
Fingerprinting Kits around the world.
1999 - The FBI phases out the use of paper fingerprint cards with their new
Integrated AFIS (IAFIS) site at Clarksburg, West Virginia. IAFIS will starts with
individual computerized fingerprint records
for approximately 33 million criminals, while the outdated paper cards for the civil
files are kept at a facility in Fairmont, West Virginia.
Typelines -
1. Two innermost ridges that start or go parallel
2. Diverge and surround or tend to surround the pattern area
Types of Fingerprints
1. Visible Prints
2. Latent Prints
3. Impressed Prints
Visible Prints - also called patent prints and are left in some medium, like blood, that
reveals them to the naked eye when blood, dirt, ink or grease on the finger come into
contact with a smooth surface and leave a friction ridge impression that is visible
without development.
Types of Patterns
1. Arch a. Plain Arch
b. Tented Arch
2. Loop a. Radial Loop
b. Ulnar Loop
3. Whorl a. Plain Whorl
b. Central Pocket Loop
c. Double Loop
d. Accidental Whorl
Exposure - is the amount of light per unit area (the image plane
illuminance times the exposure time) reaching a photographic film,
as determined by shutter speed, lens aperture and scene luminance.
Heliographs - (sun prints) were the prototype for the modern photograph.
Hercules Florence - (1804-1879) Few details are known for his life.
In 1824 goes to Brazil and takes part in a scientific mission at the
Amazon, where he becomes preoccupied with the idea of recording images
from his trip. From 1830 devotes himself to research and
experimentation for photography. The above, gives Brazil the ability
to claim that is one of the places in the world, where photography
was found.
1861-65: Mathew Brady and staff (mostly staff) covers the American
Civil War, exposing 7000 negatives
1880: George Eastman, age 24, sets up Eastman Dry Plate Company in
Rochester, New York. First half-tone photograph appears in a daily
newspaper, the New York Graphic.
1890: Jacob Riis publishes How the Other Half Lives, images of
tenament life in New york City
1925: André Kertész moves from his native Hungary to Paris, where he
begins an 11-year project photographing street life
1934: Fuji Photo Film founded. By 1938, Fuji is making cameras and
lenses in addition to film.
1947: Henri Cartier-Bresson, Robert Capa, and David Seymour start the
photographer-owned Magnum picture agency
1949: East German Zeiss develops the Contax S, first SLR with an
unreversed image in a pentaprism viewfinder
1975: Nicholas Nixon takes his first annual photograph of his wife
and her sisters: "The Brown Sisters"; Steve Sasson at Kodak builds
the first working CCD-based digital still camera
1983: Kodak introduces disk camera, using an 8x11mm frame (the same
as in the Minox spy camera)
1985: Minolta markets the world's first autofocus SLR system (called
"Maxxum" in the US); In the American West by Richard Avedon
1999: Nikon D1 SLR, 2.74 megapixel for $6000, first ground-up DSLR
design by a leading manufacturer.
Shutter Lag - is the delay between triggering the shutter and when
the photograph is actually recorded.
Sir John F.W. Herschel - a scientist who first used the word photography
in 1839. The word photography was derived from the Greek words Photos,
which means light and Graphein, which means to draw.
Air Gun - a gun that uses compressed air or gas to propel a projectile also called air
rifle, pellet rifle, pellet gun, and gun.
Air Resistance - (Drag) decelerates the projectile with a force proportional to the
square of the velocity.
Ammunition - shall mean loaded shell rifle, muskets, carbine, shotguns, revolver and
pistol from which a bullet, ball, shot, shell or other missiles may be forwarded by
means of gun powder or other explosives.
Anvil - An internal metal component in a boxer primer assembly against which the
priming mixture is crushed by the firing pin blow.
Anvil Marks - A term generally used by the military for a cartridge with a full metal
jacketed bullet or solid metal projectile.
Automatic - when the mechanism is so arranged that it will fire continuously when
the trigger is depressed.
Automatic Action Type – a firearm design that feeds cartridges fires and ejects
cartridge cases as long as the trigger is fully depressed and there is cartridge
available in the feed system.
Breechface - is the front part of the breechblock that makes contact with the cartridge
in a firearm. The breech block (or breechblock) in a gun is what holds a round in the
chamber, and absorbs the recoil of the cartridge when the round is fired, preventing
the cartridge case from moving.
Broach, Gang – A tool having a series of cutting edges of slightly increasing height
used to cut the spiral grooves in a barrel. All groves are cut with a single pass of the
broach.
Broach, Single – a non-adjustable rifling cutter that cuts all the grooves
simultaneously, and is in a series of increasing dimensions until the desired groove
depth is achieved.
Browning, J.M. - born in 1855. Started the production of a single shot rifle that was
adopted by Winchester.
Buckshot - coarse lead shot used in shotgun shells. Lead pellets ranging in size from
.20 inches to .36 inch diameter normally loaded in shotshells.
Buffer - in a firearm, any part intended to absorb shock and check recoil.
Tracer Bullet - when fired, emit a light red flame from its base,
there by showing the gunner the trace of flame, the path as well
as the striking point of the bullet, the flame continuing to burn
and trace for about 600 yards. These are intended primarily for
machine gun use and can be seen by day and night. The point of
the bullet colored red is for identification. These are used only
in the military service, and were never sold to individuals.
Should an individual obtain one or more of these cartridges,
he should at once return it to military control or else dispose
of these by throwing into a deep river or lake, as they are
exceedingly dangerous to have around. This should never be
“Monkeyed” with, and particularly no attempt should be made to
unload them for examination, as these may ignite and cause
exceedingly serious burn or fire. The ingredients used in tracer
and igniter mixtures are confidential.
Bullet Recovery System - Any method which will allow the undamaged recovery of a
fired bullet. Differing systems are needed for different cartridges depending upon
bullet composition, jacket thickness, and velocity. Water tanks and cotton boxes are
most commonly in use.
Bullet Splash - The spatter and fragmentation of a bullet upon impacting a hard
surface.
Bullet Wipe - The discolored area on the immediate periphery of a bullet hole,
caused by bullet lubricant, lead, smoke, bore debris, or possible jacket material.
Sometimes called "Burnishing" or
"Leaded Edge".
Caliber - the diameter of the bore of a rifled firearm. The caliber is usually expressed
in hundredths of an inch or millimeters.
- Land to Land - the way to determine the caliber of a gun is to measure the diameter
of the bore from land to land.
Cane gun, Knife pistols - many devices primarily designed for other purposes will
have a gun mechanism incorporated in them. (also known as FREAKISH DEVICE)
Cape Gun – a doubled-barreled shoulder arm with barrel side by side: one being a
smooth bore and the other being rifled.
Case Head - The base of the cartridge case which contains the primer.
Cast-Off - the off-set of the butt of a firearm to the right-handed shooter and to the
right for a left-handed shooter.
Cast-On - the offset of the butt of a firearm to the left for a right-handed shooter and
to the right for a left-handed shooter.
Chamber - the rear part of the barrel bore that has been formed to accept a specific
cartridge. Revolver cylinders are multi-chambered.
Cock - place a firing mechanism under a spring tension. Raise the cock of (a gun) in
order to make it ready for firing.
Class Characteristics - Are those characteristics which are determinable only after the
manufacture of the firearm. They are characteristics whose existence is beyond the
control of man and which have a random distribution. Their existence in the firearms
is brought about by the tools in their normal operations resulting in wear and tear,
abuse, mutilation, corrosion, erosion, and other fortuitous causes.
Colt - Samuel Colt was born in July 1814 in was to be instrumental in making the
revolver a practical type of pistol.
Cylinder - storage for ammunition in a revolver, the cylinder rotates as the action is
cocked.
Derringer, Henry - born at the beginning of the 19th century. Worked at Philadelphia
where he manufactured Pocket Pistol.
Ejector Rod - a metal rod used to help with the removal of the cartridges.
Firing Pin - is a lightweight part, which serves to transfer energy from a spring-
loaded hammer to the primer, while a striker is usually heavier, and is directly
connected to the spring providing
the energy to impact the primer.
Flare guns - used in cases such in sending signals and enabling to see enemies in
the dark.
Forensic Ballistics - A scientific study of firearm identification with the use of
laboratory examination. The subject gives emphasis on the study of ammunition,
projectiles, gunpowder, primer, and explosives, including the use of the bullet
comparison microscope. It also deals with the principles in the microscopic and
macroscopic examination of firearm evidence and the preparation of reports for legal
proceedings in the solution of cases involving firearms.
Fouling - the residual deposits remaining in the bore of a firearm after firing.
Garand, John C. - was born in North Carolina in 1818. Developed the hang-ranked
machine gun. A development of Duver Gatling type of machine gun.
Gas Guns – these will be found in all shapes and sizes and used for firing tear gas
and other forms of disabling gases.
Gas Port - an opening in the wall of a barrel to allow gas to operate a mechanism or
reduce recoil.
Types of Gunpowder
1. Black powder - consists of the jet black and rather shiny
grains. Although black powder has been in used for about
six centuries, and although methods of manufactured are
naturally led to greater efficiency in action, its
composition has remained practically the same in all
countries.
2. Smokeless Powder - a mixture of nitrocellulose 60 parts,
nitroglycerine 35 parts and Vaseline 5 parts. These
substances are almost entirely smokeless in action. They are
all given the generic term of nitro powders and are legion in
number. All nitro powders used 2. in rifles, pistols, and
revolvers are a gelatinized powder that is they are made by
forming dough into sticks or grains. The identification of
partially burnt powder grains may become a matter of vital
importance, since such grains maybe found around the entrance
hole of a wound, and it will obviously help if the type of
powder can be identified from these unburnt grains.
Hammerli, Johann Ulrich - hammerli weapons have always been the epitome of
Swiss precision Engineering ability.
Headspace - is the distance measured from the part of the chamber that stops
forward motion of the cartridge (the datum reference) to the face of the bolt.
Headstamp - numerals, letters, and symbols stamped into the head of the cartridge
case or shotshell to identify the manufacture caliber gauge or give additional
information.
Heckler and Kock – Edmond Heckler has been a plant manager with Mauser, and
Alex Siedel a designer with Mauser.
Hook – a cutting tool which cuts has a hook shape and only cuts one groove at a
time.
Leading - the accumulation of lead in the bore of a firearm from the passage of lead
shot or bullet. Also called METAL FOULING.
Lubaloy - is a wrought copper alloy that is composed mainly of copper and zinc. In
1922, the Western Cartridge Company introduced a copper-washed bullet jacketing
called Lubaloy which stands for a lubricating alloy. Lubaloy replaced standard bullet
jacketing which had been cupro-nickel coated steel or solid cupro-nickel.
Luger, George - was born in Australia in 1849. he did lasting designed work in
connection with 9mm Parabellum cartridge.
Machine Gun Type – primarily used only in military combat and will seldom be
encountered by the firearms technician.
Machine Markings - a cross section of a gun barrel will show small grooves or
striations all along with the lands and grooves.
Marlin, John Mahlon - New Haven, Connecticut manufacturer of lever action rifle,
1800’s.
Mauser - Paul and Wilhelm brothers produced parts of the rifle which had been
adopted by the German government in 1871.
Mossberge, Oscar - born in Sweden in 1866 and went to the United States. The
maker of high quality .22 rifles. Sporting rifles and pump action shotguns.
Multi –Barreled guns – in particular, one will find guns having the three or four
barrels are mounted in one receiver. Some may have a combination of several
different gauges of shotguns, or a combination of shotgun barrels and rifle barrel.
Muzzle - the end of the barrel through which the bullet exits.
Muzzle Energy - is the kinetic energy of a bullet as it is expelled from the muzzle of a
firearm. It is often used as a rough indication of the destructive potential of a given
firearm or load.
Nambu, Kijiro - an army gun officer designer. His first design was produced by the
Kayoba Factory in 1904.
Paradox - an obsolete barrel designed in which the major length of the barrel is
smooth and last few inches are rifled.
Primer - The ignition components of cartridge primers are used for igniting
prominent. A blow from the firing pin of the firing cup compresses the priming
composition to detonate. This detonation
produces a flame that passes through the vent of flesh hole in the cartridge case,
igniting the gunpowder.
Composition of a Primer
1. Potassium Chlorate - 45%
2. Antimony Sulfide - 23%
3. Fulminate of Mercury - 32%
Proofmark - a distinctive symbol stamped into the metal of the barrel or other parts
of a firearm to indicate that testing of the part bearing the stamp by firing proof loads
has been carried out.
Recoil - (often called knockback, kickback or simply kick) is the backward momentum
of a gun when it is discharged. In technical terms, the recoil caused by the gun
exactly balances the forward momentum of the projectile and exhaust gases
(ejecta), according to Newton's third law.
Reload - a cartridge, which has been reassembled with a new primer, powder and or
other components.
Repeating Arms – this type is loaded with more than cartridge into the chamber when
it is fired rather than having to perform this operation by hand.
Rifling - refers to helical grooves in the barrel of a gun or firearm, which imparts a
spin to a projectile around its long axis.
Types of Riflings
1. Steyr Type - four lands, four grooves, right hand twist and
lands or equal widths ( 4-R-G=L) used in earlier
self-loading pistols.
2. Smith and Wesson Type - five lands and five grooves, right
hand twist and lands of equal width (5-R-G=L)
3. Browning Type- six lands, six grooves, right hand twist,
narrow lands and broad grooves. (6-R-G-2x)
4. Colt Type- six lands and six grooves, left hand twist, narrow
lands and broads grooves. (6-L-G-2x)
5. Webley Type- seven lands, seven grooves, right hand twist,
narrow lands and broad grooves. (7-R-G3x)
6. Army Type- four lands and four grooves, right hand twist,
narrow lands and broad grooves. ( 4-R-G3x)
Shocking Power - the ability of a projectile to dissipate its kinetic energy effectively in
a target.
Shot - a small ball or pellet of lead, a number of which are loaded in a cartridge and
used for one charge of a shotgun.
Birdshot - the smallest size of shot for sporting rifles or other guns.
Silencer - a device attached to the barrel of the firearm to reduce the noise of
discharge. Also called SOUND SUPPRESSOR.
Single Shot Firearms – those type of firearms that are designated to shoot only one
shot.
Slide Action Type – a firearm that features a movable forearm which is manually
actuated in motion parallel to the barrel by the shooter. Forearm motion is
transmitted to a breech blot assembly which performs all the functions of the firing
cycle assigned to it by the design. Also known as PUMP ACTION.
Sling - a strap fastens to a firearm to assist in carrying or to steady it during firing. A
sling may also refer to a projectile weapon typically used to throw a blunt projectile
such as a stone, clay or lead "sling-bullet".
Slug - a projectile generally fired from a shotgun either one large piece of lead or
several smaller caliber pieces.
Smith and Wesson - Horace Smith and Daniel B. Wesson formed a partnership in
1852. They manage by producing what is probably the best double-action revolver in
the world. (Daniel Wesson left the company to set up his own firearm business).
Smoke Ring - the circular gray deposits around the face of the chamber of a revolver
produced by gun powder residues upon discharge.
Stock - also known as a shoulder stock, a buttstock, or simply a butt is a part of a rifle
or other firearm, to which the barrel and firing mechanism are attached, that is held
against one's shoulder
when firing the gun.
Striations - (Striae) When a bullet is fired through a rifled barrel, the raised and
lowered spirals of the rifling etch fine grooves called "striations" into the bullet.
Submachine Type – is alight, portable machine gun which uses pistol size
ammunition. It differs from a pistol in it that has a shoulder stock that may or may not
fold but is designed to be fired by the use of both hands.
Swage – an internal mandrel with rifling configuration which forms rifling in the barrel
by means of the external hammering. Also known as HAMMER FORGING.
Tattooing - small hemorrhagic marks on the skin produced by the impact of gun
powder particles also called STRIPLING.
Thumb Rest - a ledge in the grip area of a rifle or handgun in which to rest the thumb
of the trigger hand.
Trailing Edge - the edge of a land or groove impression in a fired bullet which is
opposites the driving edge of the same land or groove impressions.
Trigger Guard - trigger guard is a loop surrounding the trigger of a firearm and
protecting it from accidental discharge.
Trigger Pull - the amount of force, which must firearm to cause sear release.
Tokarev, Fedor - born in Egorlikshaya in 1971. Designed the service pistol of the
Soviet forces.
Tools – there are a number of tools using cartridges that are designed to drive studs,
punch holes or cut tables. Such tools may be encountered in the investigation of an
accident.
Traps – these are designed to be set in the woods and left where animals will
encounter them. They may fire a bullet or a poisoning charge, depending on their
construction.
Trigger - small lever that is pulled or squeezed to start the firing process.
Trigger Guard - piece that surrounds the trigger to protect it from being accidentally
squeezed or bumped.
Velocity - the speed of the projectile at a given point along its trajectory.
Vierling - A four-barreled gun, typically with two identical shotgun barrels and with
two rifle barrels of differing calibres. Built primarily in Germany and Austria.
Walker Test - the original chemical test for the detection of spatial distributions of
nitrites in gun powder residue.
Yaw - the angle between the longitudinal axis of a projectile and the line of the
projectile trajectory.
Zip guns - these may be in any form, since the name has been applied to all
homemade guns. A great many of this class will be found to be exceedingly clever
mechanisms and most effective weapon.
Zwilling - European term for a double barreled shoulder arm with one rifle and one
smooth bore barrel.
Questioned Document Examination Reviewer
3rd Century A.D. - The earliest handwriting examination cases reported.
6th Century - the Roman Emperor Justinian dictated guidelines for the use of
handwriting comparisons in Roman courts.
1873 - the year in which the first commercially successful typewriter was introduced.
Albert Sherman Osborn - became the pre-eminent American pioneer in the field
when he authored "Questioned Documents," a seminal work in scientific document
analysis that remains in print and in use. He founded the American Society of
Questioned Document Examiners in 1942.
Alfred Dreyfus - A French army officer, accused of treason through letters found
attempting to sell French secrets to Germany. Later found that Dreyfus did not write
the letters.
Alteration - any change made on a document before, during, or after its original
execution.
Methods of Alteration
1. Mechanical
2. Chemical
Casting - was one method used to produce counterfeit coins in Britain and America
during the colonial period. Basically it consisted of melting metal and then pouring
the molten liquid into a mold having a reservoir in the shape of a coin.
Coin Clipping - shaving off a small portion of a precious metal coin for profit.
Color Shifting Ink - ink that changes color when viewed in different angles.
Connections - links which connect a letter with the one following it.
Counterfeiting - imitate fraudulently for gain. To make a copy of, usually with the
intent to defraud; forge: counterfeits money.
Cutting - skillful cutting away of some portions and then inserting new one to fill the
gap.
Document - any material that contains marks, symbols, or signs either visible,
partially visible or invisible that may present or ultimately convey a meaning or
message to someone.
Character of handwriting
1. No single handwriting characteristic can in itself be taken as the basis for a
positive comparison.
2. The final conclusion must be based on a sufficient number of common
characteristics between the known and questioned writing samples.
3. There are no hard and fast rules for a sufficient number of personal
characteristics; it is a judgment call made by the expert examiner in the context of
each case.
Henry Mill - was an English inventor who patented the first typewriter in 1714.
Indented Writing - (second page writing), is the impression from the writing
instrument captured on sheets of paper below the one that contains the original
writing.
Electrostatic Detection - indented writing may be recovered using this method.
Ink - a coloured fluid or paste used for writing, drawing, printing, or duplicating.
- Microspectrophotometer - A nondestructive approach to comparing ink lines. It
is accomplished with a visible-light microspectrophotometer.
Thin-layer chromatography is also suitable for ink comparisons.
Pen Lift - is the practice of lifting the tip of a pen from a writing surface. It comes in
the form of a disconnection between letters and letter combinations.
Penmanship - is the technique of writing with the hand using a writing instrument.
The art or practice of writing with the pen.
Pictograph - a pictorial symbol for a word or phrase. Pictographs were used as the
earliest known form of writing, examples having been discovered in Egypt and
Mesopotamia from before 3000 BC.
Retracing - any writing stroke which goes back over another writing stroke.
Security fibers - are embedded in the paper during manufacture and are non-
reproducible.
Shading and Pen Position - the increase in width of stroke brought by variations in
writing pressure.
Kinds of Signature
1. Formal Signature - signature used on official documents such as will or deed of
sale.
2. Informal Signature - signature used in routine correspondence such as personal
letters and other documents where you want the reader to recognize the signature
but the exact spelling of the name isn’t important.
3. Stylistic Signature - signature used in signing checks, credit card receipts, etc.
This is also like the famous “physician’s signature” on a prescription. It is often highly
stylistic and looks like a scribble with little that would be recognizable as a signature.
Signature Forgery - refers to the act of falsely replicating the signature of another
person.
Indicators of Forgery
1. Blunt starts and stops
2. Pen lifts and hesitations
3. Tremor
4. Speed and Pressure
5. Patching
Kinds of Tremors
1. Genuine Tremors - caused by age, illiteracy, weakness.
2. Tremor of Fraud
Typebar - one of the bars on a typewriter that bears type for printing.
Typeface - the printing surface of the type block. The most popular type are pica and
elite.
Types of Typewriters
1. Keyboard typewriter - is the simplest kind of typewriter, functioning from the
QWERTY formation of letters and having a type (a metallic cast with letters molded
into it) that's attached by a bar or rod.
2. Single-element typewriter - enable the user to print data in different languages or
fonts. Instead of using a bar mold for the type (called a type bar), single-element
typewriters use type wheels, type sleeves or type shuttles for molds. The most
popular single-element was the Hammond type-shuttle
typewriter produced in 1884.
3. Type-bar typewriters, as the name suggests, use type bars, or molds of iron
shaped like bars, for their types. Type bars are the most common kind of typewriter
and the original invented by Sholes, Glidden and Soule was a type-bar typewriter.
4. Index typewriters - were far less costly in the pre-modern era, but also less useful.
An index typewriter required that users first input what key they would like, and then
perform another action (usually pressing a lever) to print the letter to a page. Usually
these didn't use type bars, but instead
type wheels, type shuttles, type plates and even more novel types. Examples of the
index typewriter are the American Visible, first manufactured in 1901, and the French
Virotyp of 1914.
5. Teletype Typewriters - (Teleprinters) came on the scene in the mid-1950s and
peaked in popularity in the 1960s. They were used mostly for communicating
information from point to point, much as modern fax machines are used. Most non-
IBM computers had teletype terminals. Teletypes were completely mechanical and
thus required regular lubrication; they didn't have type bars in the strictest sense and
instead used plastic gears to print messages.
6. Electric Typewriters - The most modern typewriter, still used today, is the electric
typewriter, most notably IBM models such as the Selectric. The electric typewriter
minimized the force necessary to print out a message by using a motor and type ball
to print letters on paper.
Vignette - a small illustration or portrait photograph which fades into its background
without a definite border.
Watermark - a faint design made in some paper during manufacture that is visible
when held against the light and typically identifies the maker.
Cursive Writing - also known as script, joined-up writing, joint writing, running
writing, or handwriting is any style of penmanship in which the symbols of the
language are written in a conjoined and/or flowing manner, generally for the purpose
of making writing faster.
1992 - the polygraph made its official entrance into the computer age.
Nervous Behavior - if the subject look down and moved his toe
in a circular motion while being interrogated, he was thought
to be deceptive. This was later diagnosed as nervous behaviorism.
Nervous individuals were stereotyped as being deceptive.
The Ordeal of the Hot iron - in Africa, the suspect had a hot
iron placed on his tongue, if the suspect's tongue was not
burned, he was judged innocent, if the suspect's tongue was
burned, he was judged guilty. The tension of guilt supposedly
caused a cessation of salivary secretions which would allow the
tongue to be burned.
Axon - The central core which forms the essential conducting part of
a nerve fiber. An extension from and a part of the cytoplasm of some
nerve cells.
Cerebellum - That portion of the brain which projects over the medulla
and is especially concerned with the coordination of muscular activity
and body equilibrium.
Cerebrum - The enlarged front and upper part of the brain which contains
the higher nervous centers.
Dick Arther - refined the Reid Control Question Technique with his
known Lie and Probable Lie Question Technique and the Guilt Complex
Question. This Became known as Arther's Technique.
Dr. Joseph F. Kubis - of Fordham University in New York City, was the
first researcher to use potential computer applications for the
purpose of polygraph chart analysis in the late 1970's.
Efferent Nerve Fibers - Those neural fibers which carry impulses away
from the central nervous system.
Kinds of Lie
1. White or Benign Lie - lie to preserve harmony of relationship.
2. Pathological Lie - can not tell right from wrong.
3. Red Lie - communist propaganda
4. Black Lie - lie to dishonor or to discredit
5. Malicious/Judicial Lie -misleading or lie to obstruct justice.
6. Fabrication - misrepresentation of truth
7. Bold-Face Lie - obviously lying
8. Lying by Omission - omission of important facts
9. Lie to Children - to gain acceptance to children
10.Noble Lie - to maintain law and order
11.Emergency Lie - to prevent harm to third party
12.Perjury - false testimony under oath
13.Bluffing - pretense of capability/intention one does not possess
14.Jocose Lie - meant to be jest, teasing and sarcasm
15.Contextual lie - stating part of truth out of context
16.Promotion lie - incredible advertisements
Type of Liars
1. Panic Liars
2. Occupational Liars
3. Tournament Liars
4. Psychopathic Liars
5. Ethological Liars
6. Pathological Liars
7. Black Liars
Midbrain - The middle segment of the brain containing the centers for
certain visual and auditory reflexes.
Neutral Question - A question which does not pertain to the issue under
investigation the answer to which recognized as universally correct
by both the examinee and the polygraphist. A neutral question is
intended to elicit a minimal response from the examinee and provide
the polygraphist with a valid graphic representation of the
examinee’s non-stress response patterns.
Padding Questions - Those questions placed before and after the known
relevant question in a known peak of tension test. Padding questions
are similar in nature to the known relevant question and fall within
the realm of possibility of the information being sought.
Pons - A band of nerve fibers in the brain connecting the lobes of the
cerebellum, the medulla and the cerebrum.
Question Spacing - The elapsed time (not less than 15 seconds) between
an answer given by an examinee and the following question asked by
the polygraphist during a polygraph test.
Residual Air - That volume of air which remains in the lungs after the
deepest possible exhalation.
Sensor - Any attachment made to the human body for the purpose of
measuring and/or recording a psychophysiological response during a
polygraph test.
Synapsis - The chemical junctions where nerve impulses pass from one
neuron to another.
Tidal Volume - The volume of air moved in or out of the lungs with
each respiratory cycle.
Veraguth - was one of the first to make word-association tests with
the galvanometer.
West Africa - persons suspected of a crime were made to hold and pass
a bird's egg to one another. The person breaking the egg was considered
guilty, based on the notion that his or her tremor-eliciting
nervousness was to blame.
Definition of Terms
Abrasion - a skin injury caused by scraping off of superficial skin due to friction
against a rough surface.
Adipocere - a peculiar waxy substance consisting of salts and fatty acids and formed
from the decomposition of corpse tissues, especially in moist habitats, also called
grave-wax.
Algor mortis (Latin: algor - coldness; mortis - death) is the reduction in body
temperature following death.
- Rigor mortis (Latin: rigor - stiffness, mortis - death") is one of the recognizable signs
of death, caused by chemical changes in the muscles after death, causing the limbs
of the corpse to become stiff and difficult to move or manipulate.
Anatomy - the branch of science concerned with the bodily structure of humans,
animals, and other living organisms, especially as revealed by dissection and the
separation of parts.
Biochemistry - the branch of science concerned with the chemical and physico
chemical processes and substances which occur within living organisms.
Cerebral Contusion – they are bruises to the brain, usually caused by a direct, strong
blow to the head. They are more serious than concussions.
Circulatory System - also called the cardiovascular system, is an organ system that
permits blood to circulate and transport nutrients (such as amino acids and
electrolytes), oxygen, carbon dioxide,
hormones, and blood cells to and from cells in the body to nourish it and help to fight
diseases stabilize body temperature and pH, and to maintain homeostasis.
- Kinds of Death
1. Somatic or Clinical Death - permanent cessation of all vital bodily functions.
2. Molecular or Cellular Death - refers to the death of cells. 3 to 6 hours after
cessation of life.
3. Apparent death or State of Suspended Animation - a state in which the processes
of the body (such as blood circulation) stop or become very slow for a period of time
while a person or animal is unconscious.
- Signs Of Death
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body (Algor Mortis) - The temperature of 15–20 degrees Fahrenheit
is considered as an ascertain sign of death.
4. Loss of motor power
5. Loss of sensory power
6. Changes in the skin
7. Changes in and about the eye - There is loss of corneal reflex
Dermis - the thick layer of living tissue below the epidermis which forms the true
skin, containing blood capillaries, nerve endings, sweat glands, hair follicles, and
other structures.
Epidermis - the outermost layer of the skin of a human or other vertebrate animal.
Euthanasia - Meaning good death ( well or good ), Refers to the practice of ending
life in a painless manner. The deliberate intervention was undertaken with the
express intention of ending life, to relieve intractable suffering.
Excretory System - is a passive biological system that removes excess, unnecessary
materials from an organism, so as to help maintain homeostasis within the organism
and prevent damage to the body.
Firearm identification - used to determine whether the gun that is subject of the
investigation has the same gun used or fired.
Fracture - comes from the Latin word “fractura” which means a break in the
continuity of the bone. It is also a combination of a break in the bone and soft tissue
injury.
Gynecology - the branch of physiology and medicine which deals with the functions
and diseases specific to women and girls, especially those affecting the reproductive
system.
- Coup-Conre-Coup Injury - injury at the site and opposite the site of application of
force.
- Locus Minoris Resistentiae - injury not at the site and not opposite the site of
application of force but at the site offering least resistance.
- Extensive Injury - injury on a greater area more than the site of application of force.
Integumentary system - is the organ system that protects the body from various
kinds of damage, such as loss of water or abrasion from outside. The system
comprises the skin and its appendages, including hair, scales, feathers, hooves, and
nails.
Laceration - a deep cut or tear in skin or flesh. A wound that is produced by the
tearing of soft body tissue. This type of wound is often irregular and jagged.
Lazarus Sign - or Lazarus reflex is a reflex movement in brain dead patients, which
causes them to briefly raise their arms and drop them crossed on their chests.
Legal Medicine - Branch of medicine which deals with the application of medical
knowledge to the purpose of law and in the administration of justice. Application of
medicine to legal cases.
Livor Mortis - is a settling of the blood in the lower (dependent) portion of the body,
causing a purplish red discoloration of the skin. From the Latin word "livor" - bluish
color and "mortis" - of death. Also known as post-mortem lividity.
Mechanical Trauma - is an injury to any portion of the body from a blow, crush, cut,
or penetrating the wound.
Types of Evidence
1. Real Evidence/Autoptic - made known to the senses
2. Testimonial Evidence - oral testimony under oath
3. Experimental Evidence
4. Documentary Evidence
Types of Schizophrenia
a. Paranoid - is a mental disorder characterized by
paranoia and a pervasive, long-standing
suspiciousness and generalized mistrust of others.
b. Hebephrenic - it is characterized by disorganized
behavior and speech, as well as disturbances in
emotional expression.
c. Catatonic - does not respond to external stimuli.
characterized by a marked lack of movement,
activity, or expression.
14.Delusional Disorder
15.Psychological Incapacity – a waste basket diagnosis because
it is so broad a term, that it covers all possible Mental
Disorders.
Kinds of Conation
A. Impulsion or Impulse (Compulsion) – a sudden and
irresistible force compelling a person to the conscious
performance of some action without motive or forethought.
Types of Compulsion
a. Pyromania - from the Greek word "pyr" - fire, is an
impulse control disorder in which individuals
repeatedly fail to resist impulses to deliberately
start fires in order to relieve tension or for
instant gratification.
b. Kleptomania - is the inability to refrain from the
urge to steal items and is done for reasons other
than personal use or financial gain.
c. Dipsomania - an uncontrollable craving for alcoholic
liquors.
d. Homicidal impulse - occurs when one person kills
another suddenly and without premeditation or
planning.
e. Sex impulse - a sudden strong and unreflective urge
or desire to have sex..
f. Suicidal impulse - recurring thoughts of or
preoccupation with suicide.
Obstetrics - branch of medicine that deals with pregnancy, childbirth, and the
postpartum period, including care of the newborn.
Paraffin test or Dermal Nitrate test – present on the skin of the hand or site of the
wound of entrance. This test is not conclusive because of fertilizers, cosmetics,
cigarettes, urine and other nitrogenous compounds with nitrates will give a positive
reaction. A negative test is also not conclusive. The test usually gives a positive
result even after a lapse of 3days or even if the hands are subjected to ordinary
washing.
Pathology - the science of the causes and effects of diseases, especially the branch
of medicine that deals with the laboratory examination of samples of body tissue for
diagnostic or forensic purposes.
Physical injuries - include those caused by mechanical trauma, heat and cold,
electrical discharges, changes in pressure, and radiation.
- Mechanical trauma is an injury to any portion of the body from a blow, crush, cut, or
penetrating the wound.
Physics - The subject matter of physics includes mechanics, heat, light and other
radiation, sound, electricity, magnetism, and the structure of atoms.
Physiology - the branch of biology that deals with the normal functions of living
organisms and their parts.
Post-Mortem Caloricity - is the rise of temperature of the body after death due to
rapid and early putrefactive changes, usually in the first two hours.
Post Mortem Lividity - it occurs in most extensive areas of the most dependent
portions of the body.
Puncture Wound - is usually caused by a sharp pointy object such as a nail, animal
teeth, or a tack. This type of wound usually does not bleed excessively and can
appear to close up.
- Kinds of Putrefaction:
1. Mummification - is the preservation of a body.
2. Saponification – also called Adipocere Formation.
3. Maceration - Softening of the tissues after death by autolysis.
Reproductive System - or genital system is a system of sex organs within an
organism that works together for the purpose of sexual reproduction. Many non-
living substances such as fluids, hormones, and pheromones are also important
accessories to the reproductive system.
Sex Crimes - generally involve illegal or coerced sexual conduct by one person
towards another.
- Chaste – An unmarried woman who has had no carnal knowledge with men or that
she never voluntarily had unlawful sexual intercourse. These also denote the purity
of mind and innocence of heart.
Skeletal System - gives the body its basic framework, providing structure, protection,
and movement.
Topinard and Rolet - two French anatomist who devised a formula for the
determination of the height for male and female.
Toxicology - the branch of science concerned with the nature, effects, and detection
of poisons.
Virgin – A woman who has had no carnal knowledge of man. Her genital organs
have not been altered by carnal connection.
Virginity - A condition of a female who has not experience sexual intercourse and
whose genital organs have not been altered by carnal connection and whose hymen
is still intact.
- Kinds of Virginity
1. Moral virginity – the state of not knowing the nature of sexual life and not having
experience sexual relations.
2. Physical Virginity – A condition whereby a woman is conscious of the nature of
sexual life but has not experienced sexual intercourse.
3. Demi–virginity – This term refers to a condition of a woman who permits any form
of sexual liberties as long as they abstain from rupturing the hymen by the sexual
act. The woman allows sexual intercourse, but only inter femora or even inter labia,
but not to the extent of rupturing the hymen.
4. Virgo intacta – A truly virgin woman. There is no structural change in her organ,
notwithstanding the fact of previous sexual intercourse.
- Carnal Knowledge - is the act of a man in having a sexual bodily connection with a
woman. There is carnal knowledge if there is the slightest penetration in the sexual
organ of the female by the sexual organ of the male.
Virtuous Female - If her body is pure and if she has never had any sexual
intercourse with another through her mind and heart is impure.
Agnosia - impairment or loss associated with brain injury of the ability to recognized
or comprehend the meaning of stimuli including familiar objects and and symbols.
Airways - any part of the respiratory tract thought which air passes during breathing.
Alveolar ducts - the smallest of the lungs airways that connect terminal bronchioles
and alveolar sacs, sometimes called bronchioles.
Alveoli - microscopic air sacs in which gas exchange between the blood and the
lungs occur.
Anarthria - loss of the ability to form words accurately caused by brain lesion or
damage to peripheral nerves that carry impulses to the articulatory muscles.
Anemia - any condition in which the number of red blood cells, the amount of
hemoglobin, and the volume of packed red blood cells per 100 ml of blood are less
that normal.It may result from increased destruction of red blood cells, excessive
blood loss or decreased production of red cells.
Autism - mental introversion in which thinking is governed by personal needs and the
world is perceived in terms of wishes rather than reality.Extreme preoccupations with
one's own thoughts and fantasies.
Bloat - the transient phase in corpse decomposition that follows the fresh phase and
is characterized by excessive swelling, produced by gases trapped internally.
Bloodstain - liquid blood that has dried once it has come in contact with a surface.
Body bag - a heavy waterproof bag usually closed with a zipper and used to
transport a corpse.
Body dump site - the location where an offender disposes of the murder victim's
body.
Bronchi - (singular-bronchus) large divisions of the trachea that convey air to and
from the lungs.
Buccal coitus - (coitus per os or sin of Gomorrah) the male organ is introduced into
mouth, usually of a young child.
Cadaver dog - canines specially trained to find human decomposition scent and and
alert their handlers to its location.
Cause of death - an injury or disease that ultimately lead to death of the individual,
generally determined by medical examiner or coroner (pathologists).
Cephalothorax - the anterior body region in some arthropods consisting of the fused
head and thorax.
Cerebellum - the large brain mass located at the posterior base of the brain,
responsible for balance and coordination of movement.
Cerebral edema - swelling of the brain caused by excessive buildup of fluid in the
tissue.
Cerebral infarctions - is an ischemic stroke resulting from a disturbance in the blood
vessels supplying blood to the brain.
Cerebrum - the largest portion of the brain, include the cerebral hemispheres
(cerebral cortex and basal ganglia)
Clitoris - erectile tissue in female analogous to male penis, located above the urethra
and covered by the clitoral hood.
Clot - a thick mass of coagulated liquid, ex. blood.A blood clot is formed by a
complex mechanism involving plasma protein, fibrinogens, platelets, and other
clotting factors.
Coagulation - the process of stopping blood flow from a wound or by which blood
forms clot.
Coma - state of profound unconsciousness from which the patient can not be
aroused.
Concussion - sudden shock to or jarring of the brain which may or may not cause a
loss of consciousness.
Conjunctiva - the delicate mucous membrane that covers the exposed surface of the
eyeball and lines of the eyelids.
Contact wound - a wound that results when a small weapon is fired in contact with
the skin.May divided into tight or loose contact wounds based on the amount of
pressure used against the skin.
Convulsion - is a medical condition where the body muscle contract and relax rapidly
and repeatedly, resulting in an uncontrolled shaking of the body.
Cornea - the transparent membrane that cover the colored part of the eye.
Decubitus - may be seen as a bedsore that can produce an ulcer in the body caused
by lying long in one position, this pressure necrosis can be found on elderly patients.
Defense wounds - stab or incised wounds to the hands, wrists, forearms, and arms
that may contain embedded fragments of the weapon.
Delusion - firm belief opposed to reality but maintained in spite of srong evidence to
the contrary.
Durham rule - an accused person is nor criminally responsible if his unlawful act is
the product of mental disease or mental defect.
Ecchymosis - is the medical term for a subcutaneous purpura larger than 1
centimeter or a hematoma, commonly called a bruise.
Endemic - a disease that occurs continuously in a particular population but has a low
mortality rate such as measles.
Epidural hemorrhage - bleeding in the space between the dura matter and skull or
wall of the vertebral canal around the spinal cord.
Erythrocytes - red blood cells.A type of blood cell that contain a nucleus in all
vertebrates but man and that has hemoglobin in the cytoplasm.
Esophagus - the portion of the digestive canal extending from the throat to the
stomach, also referred to as gullet.
Exoskeleton - a skeleton on the outside of the body whose inner walls serves as a
point for the attachment of muscles.
Feces - animal solid waste material discharged from the rectum through the
anus.End product of digestion after absorption of nutrients and re-absorption of
water.
Felacio - is the oral stimulation or manipulation of the penis either by the female or
male.
Fortunato Fedele - an Italian physician who in 1602 published the first book on
forensic medicine.
Frigidity - is the inability to start or to maintain the sexual arousal pattern in the
female.
Hemoptysis - Coughing and spitting of blood as a result of bleeding from any part of
the respiratory tract.
Hymen - Thin membrane, in females, that separates the external genitalia from the
vagina. The outer surface is a dry, squamous epithelium, and the inner surface is a
moist mucous membrane.
Hypoxia - Condition in which below-normal levels of oxygen are present in the air,
blood, or body tissues, short of anoxia.
Impetigo - Highly contagious, rapidly spreading skin disorder caused by
staphylococcus or streptococcus and characterized by red blisters. Impetigo
sometimes occurs as a result of poor hygiene.
Ischemia - Obstruction of blood flow (usually by arterial narrowing) that causes lack
of oxygen and other bloodborne nutrients.
Laceration - A wound produced by a tear in the skin due to application of blunt force
in crushing or shearing.
Livor mortis - A coloration of the skin of the lower parts of a corpse caused by the
settling of the red blood cells as the blood ceases to circulate.
Lymphocyte - A general class of white blood cells that are important components of
the immune system of vertebrate animals.
Maggot - The larva of a higher fly. It sheds its skin twice and has three growth instars
prior to pupariation. A legless larva without a well-developed head capsule.
Masochism - opposite of sadism, derived from the name of Leopold Von Sacher-
Masoch, an Austrian novelist, being whipped by his wife used to be a stimulant for
his literary work.
Medical jurisprudence - deals with the legal rights, privileges, duties and obligations
of medical practitioner.
Mite - Any arthropod in the order Acari. These are very small to minute animals
having four pairs of legs in the adult stage, but only three pairs in the larva. All mites
have chelicerated mouth parts and lack mandibles.
Mummification - The drying, shrinking, and hardening of dead flesh due to extreme
dehydration.
Myiasis - The invasion of any living vertebrate animal, including people, by fly larvae,
especially maggots. The description may be further refined to indicate location
affected (e.g., nasal myiasis, rectal myiasis) or the predisposing cause (e.g.,
traumatic myiasis in a suppurating wound). Myiasis may be classified as either
primary or secondary (facultative).
Myocardial ischemia - Insufficient oxygen supplies to meet the metabolic demands of
heart muscles.
Neuroses - the patient suffer from emotional or intellectual disorder but does not loss
touch with reality.
Osteoarthritis - deterioration in joint integrity connected with use-wear exacerbated
by inflammation and related to reduction in bone density.
Osteoporosis - Increased porosity of the bone, seen most often in the elderly.
Paedophile - (pedophile) is an adult who repeatedly engages in sexual activities with
children below the age of puberty.
Paraphilias - abnormal and unorthodox sex play using unusual objects or parts of the
body.
Petechiae - Pinhead-sized (red) dots which are minute hemorrhages found inside
the eyelids and the facial skin; considered by pathologists to be a sign of
strangulation.
Plasma - The liquid portion of whole blood containing water, electrolytes, glucose,
fats, proteins, and gases. Contains all the clotting factors necessary for coagulation
but in an inactive form. Once coagulation occurs, the fluid is converted to serum.
Pneumonitis - Inflammation of the lungs.
Postmortem - artifact Alteration to the body that occurs after death that is not related
to antemortem injury.
Postmortem interval - The period of time between death and corpse discovery.
Psychopath - a person who is neither insane nor mentally defective but fails to
conform to normal standards of behavior.
Pulmonary edema - Accumulation of extra vascular fluid in the lungs that impairs gas
exchange; usually due to either increased intravascular pressure or increased
permeability of the pulmonary capillaries.
Septicemia - Bacteria in the blood system with signs and symptoms of disease.
Sexual oralism - it is the obtaining of sexual pleasure from the application of the
mouth to the sexual organs.
Sodomy - is anal intercourse between two males or between a male and female.It is
also called buggery.It is also called gerontophilia when the active agent is an adult
and paederasty, wen the passive agent is a young boy who is known as catamite.
Tachycardia - Rapid heartbeat (typically greater than 100 beats per minute).
Trauma - An injury that is the result of any force such as blunt, sharp, or penetrating.
Art. 1 Time When Act Takes effect - RPC took effect Feb. 1,1932.
Title 1
Felonies and Circumstances which Affect Criminal Liability
Chapter One:Felonies
Art. 3 Definitions
Elements:Felonies
1. There must be an act or omission
2. This must be punishable by the RPC
3. Act or omission was done by means of dolo or culpa
Intent Motive
1. Purpose to use a particular means to effect a result 1. Moving power which impels one to act.
2. Element of crime except in crimes committed with 2. Not an element.
culpa.
3. Essential in intentional felonies. 3. Essential only when the identity of the felo
doubt.
Proximate cause - the cause,which in the natural and continuous sequence unbroken by
any efficient intervening cause produces the injury without which the result would not
have occurred.
Art. 5 Duty of the court in connection with acts which should be repressed but
which are not
covered by the law and in cases of excessive penalties.
Concepts of conspiracy
1. As a crime itself - ex. conspiracy to commit
rebellion,insurrection,treason,sedition,coup d' etat
2. Merely as means to commit a crime - Requisites
a. A prior and express agreement
b. Participants acted in concert or simultaneously,which is indicative of a meeting of
the minds towards a common
criminal objective.
Note: Conspiracy to commit a felony is different from conspiracy as a manner of
incurring criminal liability.
Conspiracy Proposal
1. Elements Agreement to commit and Person decides to commit a crime
commission and proposes the same to another
Proposal to commit
2. Crimes Conspiracy to commit treason,rebellion,coup d' etat
sedition,treason,rebellion,coup d'
etat
no proposal to commit
sedition
Penalties (Imprisonment)
1. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua (life).
2. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years.
3. Light Felonies - Arresto Menor (1 day to 30 days).
Note: When the special law adopts the penalties imposed in the RPC,ex.penalties as
reclusion perpetua etc.The provisions of the RPC on imposition of penalties based on
stages of execution,degree of participation and attendance of mitigating and aggravating
circumstances may be applied by necessary implication.
indispensable requirement
there must be actual physical assault or aggression or an immediate and imminent
thereat,which must be offensive and positively strong.
the defense must have been made during the existence of aggression,otherwise,it
is no longer justifying.
while generally an agreement to fight does not constitute unlawful
aggression,violation of the terms of the agreement to fight is considered an
exception.
Stand Ground When In The Right - the law does not require a person to retreat when
his assailant is rapidly
advancing upon him with a deadly weapon.
Note: Under RA 9262 (Anti Violence Against Women and their Children Act of 2004)
- victim-survivors who are
found by the courts to be suffering from BWS (Battered Woman Syndrome) do not
incur any criminal or civil
liability despite absence of the necessary elements for the justifying circumstance of
self defense in the RPC.
BWS is a scientifically defined pattern of psychological and behavioral symptoms
found in women living in
battering relationships as a result of cumulative abuse.
Note: The relative defended may be the original aggressor.All that is required to justify
the act of the relative
defending is that he takes no part in such provocation.
Note: The necessity must not be due to the negligence or violation of any law by the
actor.
Note: The accused must prove that he was duly appointed to the position claimed he was
discharging at the time
of the commission of the offense.It must also be shown that the offense committed was
the necessary
consequence of such fulfillment of duty or lawful exercise of a right or office.
Note: The superior officer giving the order can not invoke this justifying
circumstance.Good faith is material as the subordinate is not liable for carrying out an
illegal order if he is not aware of its illegality and he is not negligent.
General Rule: Subordinate can not invoke this circumstance when order is patently
illegal.
Exception: When there is compulsion of an irresistible force or under impulse of
uncontrollable fear.
Burden of proof - Any of the circumstances is a matter of defense and must be proved by
the defendant to the satisfaction of the court.
Justifying Exempting
1. Who/What is affected Act Actor
2. Nature of act Act is considered legal Act is wrongful but actor
3. Existence of a crime None Yes,but since voluntarine
absent,the actor is not lia
4. Liability No criminal and civil liability but No Criminal liability but
there is civil liability as to civil liability except as to
Art.11(4)(State of Necessity) Art.12(4)(Injury by mere
and (7) (lawful cause)
Imbecile - one while advance in age has a mental development comparable to that of
children between 2 and 7 years old.He is exempt in all case from criminal liability.
Insane - one who acts with complete deprivation of intelligence/reason or without the
least discernment or with total deprivation of freedom of will.Mere abnormality of
the mental faculties will not exclude imputability.
Note: Under RA 9344 or the Juvenile Justice and Welfare Act,a minor 15 years old and
below is exempt from criminal liability.
Discernment - mental capacity to fully appreciate the consequences of the unlawful act
which is shown by the
1. manner the crime was committed.
2. conduct of the offender after its commission.
Note: under RA 9344,a minor over 15 but below 18 who acted without discernment is
exempt from criminal liability.
Actus me invito factus non est meus actus - Any act done by me against my will is not
my act.
Absolutory causes - where the act committed is a crime but for some reason of public
policy and sentiment,there is no penalty imposed.Exempting and justifying circumstances
are absolutory causes.Examples of such other circumstances are:
1. Spontaneous desistance
2. Accessories exempt from criminal liability
3. Death or physical injuries inflicted under exceptional circumstances
4. Person exempt from criminal liability from theft,swindling,malicious mischief
5. Instigation
Note: Entrapment is not an absolutory cause.A buy-bust operation conducted in
connection with illegal drug-related
offenses is a form of entrapment.
Entrapment Insti
gation
1. The ways ans means are resorted to for the purpose 1. Instigator practically
induces the would be accused
of trapping and capturing the lawbreaker in the into the commission of
the offense and himself
execution of his criminal plan. becomes a co-
principal.
2. Not a bar to accused prosecution and conviction 2. Accused will be
acquitted
3. Not an absolutory cause 3. Absolutory cause
Chapter 3
Circumstances which Mitigate criminal Liability
Privileged Mitigating Ordinary
Mitigating
1.Offset by any aggravating can not be offset can be
offset by a generic
circumstance aggravatin
g circumstance
2. Effect on penalty effect of imposing the penalty by 1 or if not
offset, has the effect of
2 degrees lower than that provided imposing
the minimum period of the
by law penalty
3. Kinds (sources) minority,incomplete self defense, 2 or those
circumstances enumerated in
more mitigating circumstance without in
paragraph 1 to 10 of art. 13
any aggravating circumstance (has the
effect of lowering the penalty by one
degree
Art. 13. Mitigating circumstances - those which if present in the commission of the
crime reduces the penalty
of the crime but does not erase criminal liability nor change the nature of the crime.
Note: A mitigating circumstance arising from a single fact absorbs all the other
mitigating circumstances arising from that same fact.
Note: In crimes against persons - if victim does not die,the absence of the intent to kill
reduces the felony to mere
physical injuries.It is not considered as mitigating.It is mitigating only when the
victim dies.
Provocation Vindication
1. Made directly only to the person committing 1. Grave offense maybe also
against the offenders
the felony. relatives mentioned by law.
2. Cause that brought about the provocation.Need 2. Offended party must have
done a grave offense to
not be a grave offense. the offender or his relatives.
3. Necessary that provocation or threat immediately 3. May be proximate.Time
interval allowed.
preceded the act.No time interval.
Note: "Immediate" allows for a lapse of time as long as the offender is still suffering
from the mental agony
brought about by the offense to him.(Proximate time,not just immediately after)
Note: Act must have been committed not in the spirit of lawlessness or revenge;act
must come from lawful
sentiments.
Notes:
* Plea made after arraignment and after trial has begun does not entitle accused to the
mitigating circumstance.
* If accused pleaded not guilty,even if during arraignment he is entitled to mitigating
circumstance as long as he
withdraws his plea of not guilty to the charge before the fiscal could present his
evidence .
* Plea to a lesser charge is not a mitigating circumstance because to be such,the plea of
guilt must be to the
offense charged.
* Plea to the offense charge in the amended information,lesser than that charged in the
original information is
mitigating circumstance.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL
LIABILITY
Aggravating circumstances - those which if attendant in the commission of the crime
serve to have the penalty imposed in its maximum period provided by law for the offense
or those that change the nature of the crime.
Basis - The greater perversity of the offender manifested in the commission of the felony
as shown by:
1. The motivating power itself
2. The place of the commission
3. The means and ways employed
4. The time
5. The personal circumstances of the offender or the offended party
Person in authority - public authority or person who is directly vested with jurisdiction
and has the power to govern
and execute the laws.Example: Governor,Mayor,Barangay
Captain,councilors,Chief of Police
Agent - subordinate public officer charged with the maintenance of public order and
protection and security of life
and property.Example: barrio councilman.
Rank - the designation or title of distinction used to fix the relative position of
the offended party in
reference to others (there must be a difference in the social condition of the
offender and the offended
party.
Age - may refer to old age or the tender age of the victim.
The act of disregard of rank,age,or sex is not applicable in the following cases:
1. When the offender acted with passion and obfuscation.
2. When there exists a relationship between the offended party and the offender.
3. When the condition of being a woman is indispensable in the commission of
the crime.Example: parricide,
abduction,seduction,and rape.
People vs. Lapaz March 31,1989 - Disregard of sex and age are not absorbed in
treachery because
treachery refers to the manner of the commission of the crime,while disregard of
sex and age pertains to
the relationship of the victim.
Dwelling - must be building or structure exclusively used for rest and comfort
(combination of house and
store not included) may be temporary as in the case of guests in a house or
bedspacers.It includes
dependencies,the foot of the staircase and the enclosure under the house.
Notes:
* The aggravating circumstance of dwelling requires that the crime be wholly or
partly committed therein or in
any integral part thereof.
* Dwelling does not mean the permanent residence or domicile of the offended
party or that he must be the
owner thereof.He must ,however be actually living or dwelling therein even for a
temporary duration or
purpose.
* It is not necessary that the accused should have actually entered the dwelling of
the victim to commit the
offense; it is not enough that the victim was attacked inside his own house
although the assailant may have
devised means to perpetrate the assault from without.
par. 5 That the crime be committed in the palace of the chief executive or in his
presence or
where public authorities are engaged in the discharge of their duties or in a
place
dedicated to religious worship.
* Actual performance of duties is not necessary when crime is committed in
the palace or in the presence of
the chief executive.
Comparison
par. 5 Where public authorities are par. 2 Contempt or
insult to public authorities
engaged in the discharge of their
duties
Nighttime (obscuridad) - that period of darkness beginning at the end of dusk and
ending at dawn.
* Commission of the crime mus begin and be accomplished in the nighttime.When the
place of the crime is
illuminated by light,nighttime is not aggravating.It is not considered aggravating
when the crime began at
daytime.
* Nighttime is not especially sought for when the notion to commit the crime was
conceived of shortly before
commission or when crime was committed at night upon a casual encounter.
* However,nighttime need not be specifically sought for when
1. it facilitated the commission of the offense or
2. the offender took advantage of the same to commit the crime.
* A bare statement that crime was committed at night is insufficient.The information
must allege that nighttime
was sought for or taken advantage of or that it facilitated the crime.
* In People vs. Ong et.al. (Jan.30,1975) - there was treachery as the victim was stabbed
while lying face up
and defenseless and nighttime was considered upon proof that it facilitated the
commission of the offense and
was taken advantage of by the accused.
Uninhabited place (despoblado) - one where there are no houses at all,a place at a
considerable distance from
town,where the houses are scattered at a great distance from each other.
* Solitude must be sought to better attain the criminal purpose.
* What should be considered here is whether in the place of the commission of the
offense,there was a
reasonable possibility of the victim receiving some help.
Band (en Cuadrilla) - whenever there are more than 3 armed malefactors that shall
have acted together in the
commission of an offense.
Note:
* There must be 4 or more armed men.
* If one of the 4 armed malefactors is a principal by inducement,they do not form a
band because it is
undoubtedly connoted that he had no direct participation.
* By a band - is aggravating in crimes against property or against persons or in the
crime of illegal detention or
treason but does not apply to crimes against chastity.
* By a band is inherent in brigandage.
* This aggravating circumstance is absorbed in the circumstance of abuse of superior
strength.
Requisites:
1. That the offender is on trial for an offense
2. That he was previously convicted by final judgement of another crime
3. That both the first and the second offenses are embraced in the same title of the RPC
4. That the offender is convicted of the new offense
Meaning of "at the time of is trial for one crime" - it is employed in its general
sense,including the rendering of
judgement.It is meant to include everything that is done in the course of the
trial,from arraignment until after
sentence is announced by the judge in open court.
What is controlling is the time of the trial,not the time of the commission of the
offense.
General rule: To prove recidivism,it is necessary to allege the same in the information
and to attach thereto
certified copy of the sentences rendered against the accused.
Exception: If the accused does not object and when he admits in his confession and on
the witness stand.
Notes:
*Recidivism must be taken into account no matter how many years have intervened
between the first and second
felonies.
*Amnesty extinguishes the penalty and its effects.However,pardon does not obliterate
the fact that the accused
was a recidivist.Thus,even if the accused was granted a pardon for the first offense but
he commits another
felony embraced in the dame title of the RPC,the first conviction is still counted to
make him a recidivist.
*Being an ordinary aggravating circumstance,recidivism affects only the periods of a
penalty except in prostitution
and vagrancy and gambling wherein recidivism increases the penalties by degrees.No
other generic aggravating
circumstances produces this effect.
*In recidivism,it is sufficient that the succeeding offense be committed after the
commission of the preceding
offense provided that at the time of his trial for the second offense,the accused had
already been convicted of
the first offense.
*If both offenses were committed on the same date,they shall be considered as only
one,hence,they can not be
separately counted in order to constitute recidivism.Also,judgements of conviction
handed down on the same
day shall be considered as only one conviction.Reason - because the RPC requires that
to be considered as
separate convictions at the time of his trial for one crime the accused shall have been
previously convicted by
final judgement of the other.
10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or
by means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.
Chapter Five
ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.
Title Two
Art. 16. Who are criminally liable. — The following are criminally liable for grave and
less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
1. Principals
2. Accomplices.
3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.
Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.
Art. 19. Accessories. — Accessories are those who, having knowledge of the commission
of the crime, and without having participated therein, either as principals or accomplices,
take part subsequent to its commission in any of the following manners:chan robles
virtual law library
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.
Title Three
PENALTIES
Chapter One
PENALTIES IN GENERAL
Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty
not prescribed by law prior to its commission.
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect
insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving
the same.
Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does
not extinguish criminal action except as provided in Article 344 of this Code; but civil
liability with regard to the interest of the injured party is extinguished by his express
waiver.
Art. 24. Measures of prevention or safety which are nor considered penalties. — The
following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and
for the purposes specified therein.
3. Suspension from the employment of public office during the trial or in order to
institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal
form.
Chapter Two
CLASSIFICATION OF PENALTIES
Art. 25. Penalties which may be imposed. — The penalties which may be imposed
according to this Code, and their different classes, are those included in the following:
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Fine, and
Bond to keep the peace.
Accessory Penalties
Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a
single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than
200 pesos; and a light penalty if it less than 200 pesos.
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty for thirty years, unless such person by
reason of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon.
Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and
one day to twenty years.
Prision mayor and temporary disqualification. — The duration of the penalties of prision
mayor and temporary disqualification shall be from six years and one day to twelve
years, except when the penalty of disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six years,
except when suspension is imposed as an accessory penalty, in which case, its duration
shall be that of the principal penalty.
Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month
and one day to six months.
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to
thirty days.
Bond to keep the peace. — The bond to keep the peace shall be required to cover such
period of time as the court may determine.
Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the
duration of the temporary penalties shall be computed from the day on which the
judgment of conviction shall have become final.
If the offender be not in prison, the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the defendant commences
to serve his sentence.
1. When they are recidivists or have been convicted previously twice or more times of
any crime; and
2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service of his sentence with four-
fifths of the time during which he has undergone preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970).
1. The deprivation of the public offices and employments which the offender may have
held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular office or to be
elected to such office.
3. The disqualification for the offices or public employments and for the exercise of
any of the rights mentioned.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The
penalties of perpetual or temporal special disqualification for public office, profession or
calling shall produce the following effects:
Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the
exercise of the right of suffrage. — The perpetual or temporary special disqualification
for the exercise of the right of suffrage shall deprive the offender perpetually or during
the term of the sentence, according to the nature of said penalty, of the right to vote in
any popular election for any public office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office during the period of his
disqualification.
Art. 33. Effects of the penalties of suspension from any public office, profession or
calling, or the right of suffrage. — The suspension from public office, profession or
calling, and the exercise of the right of suffrage shall disqualify the offender from holding
such office or exercising such profession or calling or right of suffrage during the term of
the sentence.
The person suspended from holding public office shall not hold another having similar
functions during the period of his suspension.
Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time
of his sentence of the rights of parental authority, or guardianship, either as to the person
or property of any ward, of marital authority, of the right to manage his property and of
the right to dispose of such property by any act or any conveyance inter vivos.
Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced
to give bond to keep the peace, to present two sufficient sureties who shall undertake that
such person will not commit the offense sought to be prevented, and that in case such
offense be committed they will pay the amount determined by the court in the judgment,
or otherwise to deposit such amount in the office of the clerk of the court to guarantee
said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a
period which shall in no case exceed six months, is he shall have been prosecuted for a
grave or less grave felony, and shall not exceed thirty days, if for a light felony.
Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold
public office, or the right of suffrage, unless such rights be expressly restored by the
terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence.
Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the
course of the judicial proceedings, whether they be fixed or unalterable amounts
previously determined by law or regulations in force, or amounts not subject to schedule.
Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender
should not be sufficient for the payment of all his pecuniary liabilities, the same shall be
met in the following order:
3. The fine.
4. The cost of the proceedings.
Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each eight pesos, subject to the
following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred to in the preceding paragraph is satisfied,
but his subsidiary imprisonment shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year, and no fraction or part of a day
shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a light felony.
5. The subsidiary personal liability which the convict may have suffered by reason of
his insolvency shall not relieve him, from the fine in case his financial circumstances
should improve. (As amended by RA 5465, April 21, 1969).
Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by
reason of commutation or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty years following the date
sentence, unless such accessory penalties have been expressly remitted in the pardon.
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned
as to the principal penalty, unless the same shall have been expressly remitted in the
pardon.
Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall
carry with it that of temporary absolute disqualification and that of perpetual special
disqualification from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have been expressly remitted
in the pardon.
Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision
correccional shall carry with it that of suspension from public office, from the right to
follow a profession or calling, and that of perpetual special disqualification from the right
of suffrage, if the duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although pardoned as to
the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that
of suspension of the right too hold office and the right of suffrage during the term of the
sentence.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.
Chapter Four
APPLICATION OF PENALTIES
Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by
law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be
understood as applicable to the consummated felony.
Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall
be imposed in all cases in which it must be imposed under existing laws, except in the
following cases:
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the other,
the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period.
Art. 49. Penalty to be imposed upon the principals when the crime committed is different
from that intended. — In cases in which the felony committed is different from that
which the offender intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding
to the offense which the accused intended to commit, the penalty corresponding to the
latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding
to the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the
acts committed by the guilty person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the frustrated crime shall be
imposed in its maximum period.
Art. 50. Penalty to be imposed upon principals of a frustrated crime. — The penalty next
lower in degree than that prescribed by law for the consummated felony shall be imposed
upon the principal in a frustrated felony.
Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower
by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the principals in an attempt to commit a felony.
Art. 52. Penalty to be imposed upon accomplices in consummated crime. — The penalty
next lower in degree than that prescribed by law for the consummated shall be imposed
upon the accomplices in the commission of a consummated felony.
Art. 53. Penalty to be imposed upon accessories to the commission of a consummated
felony. — The penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the accessories to the commission of a
consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated crime. — The penalty next
lower in degree than prescribed by law for the frustrated felony shall be imposed upon
the accomplices in the commission of a frustrated felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated crime. — The penalty
lower by two degrees than that prescribed by law for the frustrated felony shall be
imposed upon the accessories to the commission of a frustrated felony.
Art. 56. Penalty to be imposed upon accomplices in an attempted crime. — The penalty
next lower in degree than that prescribed by law for an attempt to commit a felony shall
be imposed upon the accomplices in an attempt to commit the felony.
Art. 57. Penalty to be imposed upon accessories of an attempted crime. — The penalty
lower by two degrees than that prescribed by law for the attempted felony shall be
imposed upon the accessories to the attempt to commit a felony.
Art. 58. Additional penalty to be imposed upon certain accessories. — Those accessories
falling within the terms of paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional penalty of absolute perpetual
disqualification if the principal offender shall be guilty of a grave felony, and that of
absolute temporary disqualification if he shall be guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. — When the person intending to commit an
offense has already performed the acts for the execution of the same but nevertheless the
crime was not produced by reason of the fact that the act intended was by its nature one
of impossible accomplishment or because the means employed by such person are
essentially inadequate to produce the result desired by him, the court, having in mind the
social danger and the degree of criminality shown by the offender, shall impose upon him
the penalty of arresto mayor or a fine from 200 to 500 pesos.
Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions
contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in
which the law expressly prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties
which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals of any frustrated or attempted felony, or as
accomplices or accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next
lower in degrees shall be that immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties,
or of one or more divisible penalties to be impose to their full extent, the penalty next
lower in degree shall be that immediately following the lesser of the penalties prescribed
in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible
penalties and the maximum period of another divisible penalty, the penalty next lower in
degree shall be composed of the medium and minimum periods of the proper divisible
penalty and the maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated scale.
4. when the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties, the penalty next lower in degree shall be
composed of the period immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if possible; otherwise
from the penalty immediately following in the above mentioned respective graduated
scale.
5. When the law prescribes a penalty for a crime in some manner not especially
provided for in the four preceding rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of the frustrated felony, or of
attempt to commit the same, and upon accomplices and accessories.
Penalty to be imposed upon the principal in an attempted crime, the accessory in the
consummated crime and the accomplices in a frustrated crime.
Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in
an attempted crime
Penalty to be imposed upon the accessory in an attempted crime
First Case Death Reclusion Perpetua Reclusion Temporal Prision
Mayor Prision Correccional
Second Case Reclusion Perpetua to Death Reclusion Temporal Prision
Mayor Prision Correccional Arresto Mayor
Third Case Reclusion Temporal in its maximum period to death Prision Mayor in
its maximum period to reclusion temporal in its medium period Prision correccional in
its maximum period to prision mayor in its medium period Arresto Mayor in it s
maximum period to prision correccional in its medium period Fine and Arresto Mayor
in its minimum and medium periods
Fourth Case Prision Mayor in its maximum period to reclusion temporal in its
medium period. Prision correccional in its maximum period to prision mayor in its
medium period. Arresto mayor in its maximum period to prision correccional in its
medium period. Fine and Arresto Mayor in its minimum and medium periods Fine.
Section Two. — Rules for the application of penalties with regard to the mitigating and
aggravating circumstances, and habitual delinquency.
2. The same rule shall apply with respect to any aggravating circumstance inherent in
the crime to such a degree that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided
for the last crime of which he be found guilty and to the additional penalty of prision
mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is
within a period of ten years from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found
guilty of any of said crimes a third time or oftener.
Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the
deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties,
the following rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.
Art. 64. Rules for the application of penalties which contain three periods. — In cases in
which the penalties prescribed by law contain three periods, whether it be a single
divisible penalty or composed of three different penalties, each one of which forms a
period in accordance with the provisions of Articles 76 and 77, the court shall observe for
the application of the penalty the following rules, according to whether there are or are
not mitigating or aggravating circumstances:
1. When there are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they
shall impose the penalty in its minimum period.
4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.
6. Whatever may be the number and nature of the aggravating circumstances, the
courts shall not impose a greater penalty than that prescribed by law, in its maximum
period.
7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced by the crime.
Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases
in which the penalty prescribed by law is not composed of three periods, the courts shall
apply the rules contained in the foregoing articles, dividing into three equal portions of
time included in the penalty prescribed, and forming one period of each of the three
portions.
Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within
the limits established by law; in fixing the amount in each case attention shall be given,
not only to the mitigating and aggravating circumstances, but more particularly to the
wealth or means of the culprit.
Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present.— When all the conditions required in
circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are
not present, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon the culprit if he shall have been guilty of a
grave felony, and arresto mayor in its minimum and medium periods, if of a less grave
felony.chan robles virtual law library
Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the
offender is a minor under eighteen years and his case is one coming under the provisions
of the paragraphs next to the last of Article 80 of this Code, the following rules shall be
observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower
than that prescribed by law shall be imposed, but always in the proper period.
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A
penalty lower by one or two degrees than that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of the lack of some of the conditions required to
justify the same or to exempt from criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such conditions be present. The courts
shall impose the penalty in the period which may be deemed proper, in view of the
number and nature of the conditions of exemption present or lacking.
Art. 70. Successive service of sentence. — When the culprit has to serve two or more
penalties, he shall serve them simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed
so that they may be executed successively or as nearly as may be possible, should a
pardon have been granted as to the penalty or penalties first imposed, or should they have
been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
11. Suspension from public office, the right to vote and be voted for, the right to follow
a profession or calling, and
Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than three-fold the length of time corresponding to
the most severe of the penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the same maximum
period.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua)
shall be computed at thirty years. (As amended).
Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or
higher by one or more degrees than another given penalty, the rules prescribed in Article
61 shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is
comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the following
graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
4. Public censure,
5. Fine.
Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a
person found guilty of two or more offenses shall be satisfied by following the
chronological order of the dates of the judgments rendered against him, beginning with
the first in order of time.
Art. 73. Presumption in regard to the imposition of accessory penalties. — Whenever the
courts shall impose a penalty which, by provision of law, carries with it other penalties,
according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be
understood that the accessory penalties are also imposed upon the convict.
Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the
law prescribes a penalty higher than another given penalty, without specially designating
the name of the former, if such higher penalty should be that of death, the same penalty
and the accessory penalties of Article 40, shall be considered as the next higher penalty.
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever
it may be necessary to increase or reduce the penalty of fine by one or more degrees, it
shall be increased or reduced, respectively, for each degree, by one-fourth of the
maximum amount prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed
amount, but are made proportional.
Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of
divisible penalties shall be considered as divided into three parts, forming three periods,
the minimum, the medium, and the maximum in the manner shown in the following
table:
Penalties
Whenever the penalty prescribed does not have one of the forms specially provided for in
this Code, the periods shall be distributed, applying by analogy the prescribed rules.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Art. 78. When and how a penalty is to be executed. — No penalty shall be executed
except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with
any other circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be observed
with regard to the character of the work to be performed, the time of its performance, and
other incidents connected therewith, the relations of the convicts among themselves and
other persons, the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different
institutions, or at least into different departments and also for the correction and reform of
the convicts.
Art. 79. Suspension of the execution and service of the penalties in case of insanity. —
When a convict shall become insane or an imbecile after final sentence has been
pronounced, the execution of said sentence shall be suspended only with regard to the
personal penalty, the provisions of the second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless
the penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or
imbecility occurs while the convict is serving his sentence.
Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex,
under sixteen years of age at the date of the commission of a grave or less grave felony, is
accused thereof, the court, after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all further proceedings and shall
commit such minor to the custody or care of a public or private, benevolent or charitable
institution, established under the law of the care, correction or education of orphaned,
homeless, defective, and delinquent children, or to the custody or care of any other
responsible person in any other place subject to visitation and supervision by the Director
of Public Welfare or any of his agents or representatives, if there be any, or otherwise by
the superintendent of public schools or his representatives, subject to such conditions as
are prescribed hereinbelow until such minor shall have reached his majority age or for
such less period as the court may deem proper. chan robles virtual law library
The court, in committing said minor as provided above, shall take into consideration the
religion of such minor, his parents or next of kin, in order to avoid his commitment to any
private institution not under the control and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person to whose custody or
care the minor has been committed, shall submit to the court every four months and as
often as required in special cases, a written report on the good or bad conduct of said
minor and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the
court on the recommendation of the Director of Public Welfare or his authorized
representative or agents, or the superintendent of public schools or his representatives,
according as to whether the conduct of such minor has been good or not and whether he
has complied with the conditions imposed upon him, or not. The provisions of the first
paragraph of this article shall not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions
mentioned in the first paragraph of this article, with the approval of the Director of Public
Welfare and subject to such conditions as this official in accordance with law may deem
proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon
him during his confinement, in accordance with the provisions of this article, he shall be
returned to the court in order that the same may order his final release.
In case the minor fails to behave properly or to comply with the regulations of the
institution to which he has been committed or with the conditions imposed upon him
when he was committed to the care of a responsible person, or in case he should be found
incorrigible or his continued stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render the judgment corresponding to the
crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to
which he has been committed, shall be borne totally or partially by his parents or relatives
or those persons liable to support him, if they are able to do so, in the discretion of the
court; Provided, That in case his parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or are found indigent and cannot pay said
expenses, the municipality in which the offense was committed shall pay one-third of
said expenses; the province to which the municipality belongs shall pay one-third; and
the remaining one-third shall be borne by the National Government: Provided, however,
That whenever the Secretary of Finance certifies that a municipality is not able to pay its
share in the expenses above mentioned, such share which is not paid by said municipality
shall be borne by the National Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said expenses, the internal revenue
allotments which may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and eighty-eight of the
Administrative Code. chan robles virtual law library
Art. 81. When and how the death penalty is to be executed. — The death sentence shall
be executed with reference to any other and shall consist in putting the person under
sentence to death by electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible to mitigate the
sufferings of the person under sentence during electrocution as well as during the
proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.
Art. 82. Notification and execution of the sentence and assistance to the culprit. — The
court shall designate a working day for the execution but not the hour thereof; and such
designation shall not be communicated to the offender before sunrise of said day, and the
execution shall not take place until after the expiration of at least eight hours following
the notification, but before sunset. During the interval between the notification and the
execution, the culprit shall, in so far as possible, be furnished such assistance as he may
request in order to be attended in his last moments by priests or ministers of the religion
he professes and to consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
Art. 83. Suspension of the execution of the death sentence. — The death sentence shall
not be inflicted upon a woman within the three years next following the date of the
sentence or while she is pregnant, nor upon any person over seventy years of age. In this
last case, the death sentence shall be commuted to the penalty of reclusion perpetua with
the accessory penalties provided in Article 40.
Art. 84. Place of execution and persons who may witness the same. — The execution
shall take place in the penitentiary of Bilibid in a space closed to the public view and
shall be witnessed only by the priests assisting the offender and by his lawyers, and by
his relatives, not exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the Director of Prisons may
authorize.
Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless
claimed by his family, the corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or
scientific research first applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present thereat to the members of the
family of the culprit and the friends of the latter. In no case shall the burial of the body of
a person sentenced to death be held with pomp.chan robles virtual law library
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor, shall be executed and served in the places and
penal establishments provided by the Administrative Code in force or which may be
provided by law in the future.
Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter
the place or places designated in the sentence, nor within the radius therein specified,
which shall be not more than 250 and not less than 25 kilometers from the place
designated.
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal
jail, or in the house of the defendant himself under the surveillance of an officer of the
law, when the court so provides in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it.
Title Four
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs
before final judgment.
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the
basis of the application of the rules contained in the first, second and third paragraphs of
this article. (As amended by RA 4661, approved June 19, 1966).
The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.
Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence
prescribe as follows:
3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;
1. By conditional pardon;
3. For good conduct allowances which the culprit may earn while he is serving his
sentence.
Art. 95. Obligation incurred by person granted conditional pardon. — Any person who
has been granted conditional pardon shall incur the obligation of complying strictly with
the conditions imposed therein otherwise, his non-compliance with any of the conditions
specified shall result in the revocation of the pardon and the provisions of Article 159
shall be applied to him.
Art. 96. Effect of commutation of sentence. — The commutation of the original sentence
for another of a different length and nature shall have the legal effect of substituting the
latter in the place of the former.
Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal
institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of
five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed
a deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior.chan robles virtual law library
Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of
his sentence shall be granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 58 of this Code, gives himself up
to the authorities within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe to in said article.
Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of
Prisons shall grant allowances for good conduct. Such allowances once granted shall not
be revoked.
Title Five
CIVIL LIABILITY
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for
a felony is also civilly liable.
Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal
liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of
Article 11 of this Code does not include exemption from civil liability, which shall be
enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of age, or
by one over nine but under fifteen years of age, who has acted without discernment, shall
devolve upon those having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority,
legal guardianship or control, or if such person be insolvent, said insane, imbecile, or
minor shall respond with their own property, excepting property exempt from execution,
in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit
the harm has been prevented shall be civilly liable in proportion to the benefit which they
may have received.
The courts shall determine, in sound discretion, the proportionate amount for which each
one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when
the liability also attaches to the Government, or to the majority of the inhabitants of the
town, and, in all events, whenever the damages have been caused with the consent of the
authorities or their agents, indemnification shall be made in the manner prescribed by
special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using
violence or causing the fears shall be primarily liable and secondarily, or, if there be no
such persons, those doing the act shall be liable, saving always to the latter that part of
their property exempt from execution.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or
theft within their houses from guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in advance the innkeeper himself, or
the person representing him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper or his representative may
have given them with respect to the care and vigilance over such goods. No liability shall
attach in case of robbery with violence against or intimidation of persons unless
committed by the innkeeper's employees.chan robles virtual law library
Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established
in the next preceding article shall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies committed by their servants,
pupils, workmen, apprentices, or employees in the discharge of their duties.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Art. 104. What is included in civil liability. — The civil liability established in Articles
100, 101, 102, and 103 of this Code includes:
1. Restitution;
Art. 105. Restitution; How made. — The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third
person who has acquired it by lawful means, saving to the latter his action against the
proper person, who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third
person in the manner and under the requirements which, by law, bar an action for its
recovery.
Art. 106. Reparation; How made. — The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be made accordingly.chan
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Art. 108. Obligation to make restoration, reparation for damages, or indemnification for
consequential damages and actions to demand the same; Upon whom it devolves. — The
obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.
Art. 109. Share of each person civilly liable. — If there are two or more persons civilly
liable for a felony, the courts shall determine the amount for which each must respond.
Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a
felony; Preference in payment. — Notwithstanding the provisions of the next preceding
article, the principals, accomplices, and accessories, each within their respective class,
shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries
for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals; next,
against that of the accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person
by whom payment has been made shall have a right of action against the others for the
amount of their respective shares.
Art. 111. Obligation to make restitution in certain cases. — Any person who has
participated gratuitously in the proceeds of a felony shall be bound to make restitution in
an amount equivalent to the extent of such participation.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101,
102, and 103 of this Code shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
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Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil
liability as provided in the next preceding article the offender shall continue to be obliged
to satisfy the civil liability resulting from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of deprivation of liberty or other rights,
or has not been required to serve the same by reason of amnesty, pardon, commutation of
sentence or any other reason.