ODENCIO, MAY ANNE T.

BSCRIMINOLOGY 2 - BRAVO

FORENSIC PHOTOGRAPHY 2
(REVIEWER)

 CHAPTER IV CAMERA
 TYPES OF LENSES ACCORDING
CAMERA
TO THE TYPE OF IMAGE THEY
 Camera is an optical instrument
PRODUCE
for recording or capturing images, which may be
stored locally, transmitted to another location, or both.
CONVEX LENS
 Sometimes called a positive
lens; the glass or plastic surfaces bulge
outwards in the center giving the classic
lentil-like shape. A lens is also called a
converging lens because it makes parallel
light rays passing through it bend inward
 ESSENTIAL PARTS OF CAMERA
and meet (converge) at a spot just beyond

BODY the lens known as a focal point.

 A light-tight box that serves as an

unbending structure on which every
single other part are mounted CONCAVE LENS

furthermore serve to shield the film from  Also known as negative lens. Is exactly the

introduction to light, aside from during opposite with outer surfaces curving inward, so it

the time spent taking the photo. makes parallel light rays curve outward or diverge. It
also called diverging lens.

LENS
 It is a type of plastic or glass and in
LENS ABERRATIONS
more expound camera, its lens is
 In optics, the deviation from perfection is called
comprise of a few bit of glass mounted
aberration. More precisely, an aberration is a deviation
in a chamber called the lens barrel.
of a ray from the behavior predicted by the simplified
rules of geometric optics.
 from the comet-like appearance of the aberrated
image. Coma occurs when an object off the optical
axis of the lens is imaged, where rays pass through the
lens at an angel to the axis.

 TYPES OF LENS ABERRATIONS

1. ASTIGMATISM
 Is one where rays that propagate in two 4. FIELD CURVATURE
perpendicular planes have different foci. If an optical  Also known as ‘curvature of field’or ‘Petzval file
system with astigmatism is used to form an image of a curvature’, is a the common optical problem that
cross, the vertical and horizontal lines will be sharp causes a flat object to appear sharp only in a certain
focus at two different distances. The term comes from part of the frame, instead of being uniformly sharp
the Greek a- (a) meaning ‘without’ and stigma, across the frame.
‘a mark, spot, puncture’.

5. DISTORTION
2. CHROMATIC ABERRATION  Is a deviation from rectilinear projection,
 Also called achromatic, chromatic distortion and aprojection in which straight lines in a sceneremain
sphero-chromatism is an effect resulting from straight in an image. It is a form of optical aberration.
dispersion in which there is a failure of a lens to focus
all colors to the same convergence point. It occurs
because lenses have different refractive indices for
different wavelength of light.

 CLASSIFICATION OF DISTORTION

1. BARREL DISTORTION
 Image magnification decrease with distance from

3. COMA the optical axis.The apparent effect is that of an image

 Also known as comaticaberration derives its name which has been mapped around a sphere ( or barrel).
 strike a lens or a reflection of light rays when they
strike a mirror near its edge, in comparison with those
that strike the center.

2. PINCUSHION DISTORTION
 Image magnification increases with the distance
from the optical axis. The visible effect is that lines do
 TYPES OF LENSES ACCORDING TO
not go through the center of the image are bowed
THEIR DEGREE OF CORRECTION FOR
inwards, towards the center of the image, like a
pincushion. LENS ABERRATIONS

1. SIMPLE MENISCUS LENS

 It is almost universally used in inexpensive
cameras. This controls astigmatism and eliminates
coma.

3. MUSTACHE DISTORTION
 A mixture of barrel and pincushion distortion,
sometimes referred to as mustache distortion (
moustache distortion ) or complex distortion, less
common but not rare. It starts out as barrel distortion
close to the image center and gradually turns into 2. RAPID RECTILINEAR LENS
pincushion distortion towards the image periphery,
 Also known as RR lens, is symmetrical pair of
making horizontal lines in the top half of the frame
cemented achromatic doublets. It was introduced by
look like a handlebar mustache.
Dallmayer in 1866. At the same Steinheil invented a
similar construction the aplanat lens. It reduces radial
distortion. The outer lens element of the two lens
groups are concave meniscus lens elements, the inner
lens elements are convex meniscus lens elements made
of another glass sort.

4. SPHERICAL ABERRATION
 Is an optical effect observed in an optical device (
lens, mirror, etc.) that occurs due to the increased
refraction of light rays when the
  TYPES OF LENSES ACCORDING
TO FOCAL LENGTH

1. WIDE ANGLES LENS

 Refers to a lens whose focal length is substantially
smaller than the focal length of a normal lens for a
3. ANASTIGMATIC LENS given film plane. This type of lens allows more of the
 Also known as anastigmat lens is a photographic scene to be included in the photograph , which is
lens completely corrected for spherical aberration, useful in architectural, interior and landscape
coma, and astigmatism. photography where the photographer may not be able
to move farther from the scene to photograph it.

4. ACHROMATIC LENS
 Also known as achromat lens, is a lens that 2. STANDARD LENS
designed to limit the effects of chromatic and  Also known as normal lens, is one which produces
spherical aberration. an image that roughly matches what the human eyes
sees, and which looks natural to the view of around 50
to 55 degrees diagonally. This is roughly the same as
the angle that the human eye can comfortably view,
which is why it gives a natural looking perspective.

FOCAL LENGTH
 Is the distance between the center of the lens and
the film when in-focus image formed of an object very
far away. It is measured in millimeters. The shorter the
focal length is, the larger the field of view. 3. TELEPHOTO LENS
 Is a specific type of a long- focus lens in which
the physical length of the lens is shorter than the focal
achieved by incorporating a special lens group known
as a telephoto group that extends the light path to
create along-focus lens in a much shorter overall
design.
 2. FILM CARTRIDGE CHAMBER
 This component of film holder is necessary
to load the film firmly. It is the canal area located
at left side at the back of camera wherein at the top
portion the rewind fork comes out when the film
4. ZOOM LENS cartridge is already loaded on it.
 Is a mechanical assembly of lens elements for
which the focal length can be varied, as opposed to a
fixed focal length(FFL) lens. A true zoom lens, also
called a parfocal lens, is one that maintains focus
when its focal length changes.

3. FILM GUIDE RAILS

 This is a tiny protrude fragmentary metals found at
the top and bottom area of the focal plane shutter
window, both edges of the film lied on it thus its size is
accurate with the width of film.
5. FILM HOLDER
 It holds the film set up at the cameras back. It is
configuration to hold the film level so that the picture
delivered by the lens will be sharp over the entire
picture territory.

4. FILM SPROCKETS
 This another component of the film holder,
situated at the right side inside the camera back before
the film take up spool. It is necessary for the film to
move during advancing and rewinding which anchored
 COMPONENTS OF FILM HOLDER on both up and down perforations of the film.

1. REWIND FORK
 This is connected on the film rewind knob and
crank. It holds the long spool core inside the film
cartridge and fixed well the film inside the film
cartridge chamber.

5. FILM TAKE UP SPOOL

 This is located usually side of the focal plane of
the camera after the film sprocket. The film tongue  SEVERAL TYPES OF CAMERA
or leader is inserted on it during loading. SHUTTER

1. LEAF SHUTTER
 Also called between the lens shutter or lens-plane
shutters or central shutter, operate between the
elements of the lens, or the materials that make
up the lens. These camera shutter are composed
6. FILM PRESSURE PLATES of round metal chasing that holds a set of blades
 After loading of the film and then the camera back in its center.
will be close to protect the film against unnecessary
quantity of light which might destroyed. It is located
at the camera back designed to make the exposed
emulsion of the frame of the film flat on the focal
plane shutter window through with the image of the
object being photographed will be recorded properly
on the surface of an emulsion. 2. FOCAL PLANE SHUTTER
 Are situated toward the back of the camera directly
in front of the film, or the focal plane of the camera.
These mechanism are typically composed of a set
of curtains that open to reveal a slot through light
can travel, and then close to block out light.

7.SHUTTER
 Is a device that allows light to pass for a determine
period, exposing photographic film or light-sensitive
electronic sensor to light in order to capture a
permanent image of a scene.
 2. SINGLE LENS REFLEX CAMERA
 The mirror in SLR camera reflects light upwards
through a pentaprism to be viewed. The
pentaprism turns the image the right way round for the
eye to see. When a picture is taken the mirror flips up
to allow light to hit the film at the back of the camera.

3. TWIN LENS REFLEX CAMERA

 The twin lens reflex camera has a separate viewing
and taking lens, one over the other. Light entering the
top lens is reflected up by a fixed mirror to a viewing
screen. The image appears reversed on the screen.

 TYPES OF CAMERA 4. VIEW CAMERA

 With a view camera light comes directly from the
1. VIEWFINDER CAMERA subject through the main lens and is viewed via a
 Light enters the viewfinder directly to allow the focusing screen at the back of the camera. The lens
photographer to frame and compose the picture. reverses the image so it appears upside down;
The photograph is taken through the main lens otherwise it is identical to what will appears on the
however the view from the lens and the viewfinder is film.
slightly different, this is called parallax error.
5. DIGITAL CAMERA purpose of a flash is to illuminate a dark scene.
 Digital cameras are becoming more popular and a
number of design are on the market. As digital
cameras use electronics to capture and store the image
they are not restricted to the traditional camera design
incorporating film transport mechanism.

4. LIGHT METER
 Also known as exposure meter. A light meter is a
device to measure the amount of light. In photography,
a light meter is often used to determine the proper
exposure for a photograph.
ACCESSORIES OF THE CAMERA

1. TRIPOD
 It is used to stabilized and elevate a
camera, a flash unit, or other photographic equipment.

5. EXTENSION TUBE
 Also known as extension ring. Is a deceptively
simple
looking apparatus, it is nothing than a hallow cylinder
that is placed between the camera body and a lens in

2. CABLE RELEASE order to create more distance between the camera

 Is an attachment that screws into a shutter release, sensor and the lens.

allowing you to trip the shutter mechanically while

being isolated from the camera to reduce camera
shake or to operate the camera from a distance.

6. FILTER
 Are transparent or translucent glass or
gelatin elements that attach to the front of a lens. They
protect the camera lens, alter the characteristics
of light passing through the lens or add special
3. FLASH UNITS effects and colors to an image.
 It is a device in photography producing a flash of
artificial light to help illuminate a scene. A major
 CLASSIFICATION OF FILTERS 4. COLOR SUBTRACTION FILTER
 Work by absorbing certain colors of light, letting
the
1. CLEAR FILTER
remaining colors through. They can be used to
 Also known as window glass filter or optical flats
demonstrate the primary colors that make up an image.
are transparent and ideally perform no filtering of
incoming light.

5. CONTRAST ENHANCEMENT FILTER

 Also known as colored filter are commonly used in
2. UV / ULTRAVIOLET FILTER
black and white photography to alter the effect of
 Are used to block invisible ultraviolet light, to
which different colors in the scene, changing contrast
Most photographic sensors and film are atleast slightly recorded in black and white of the different colors.
sensitive. The ultraviolet is typically recorded as if it
were blue light, so this non-human ultra violet
sensitivity can result in an unwanted exaggeration of
the bluish tint of atmospheric haze or, even more
unnaturally, of subjects in open shade lit by the
ultraviolet-rich sky.
6. POLARIZING FILTER
 Used for both color and black and white
photography, is colorless and does not affect color
balance, but filters out light with a particular direction
of polarization.

3. COLOR CONVERSION FILTER

 Are used to compensate for the effects of lighting
not balanced for the film stock’s rated color
temperature. Color correction filters are identified by
non-standardized numbers which may vary from
manufacturer.
7. NEUTRAL DENSITY FILTER
 Is a filter of uniform density which attenuates light
of all colors equally. It used to allow a longer exposure
(to create blur) or larger aperture (for selective
focus) than otherwise required for correct exposure in source to prevent glare and lens flare.
the prevailing light conditions, without changing the
tonal balance of the photograph.

 CONTROL ON A CAMERA

8. CROSS SCREEN FILTER

 Also known as a star filter creates a star pattern, in 1. FOCUSING CONTROL

which lines radiated outward from the objects. The star  This is the most important control in a camera.

pattern, is generated by a very fine diffraction granting Focus by which the object distance is estimated or

embedded in the filter, as does the number of point calculated to form sharp or clear image.

each star has.

 THREE TYPES OF FOCUSING DEVICES

9. DIFFUSION FILTER 1. RANGEFINDER TYPE

 Also called a softening. Soften the subjects and  Is a mechanism used to measure the angle of
generates a dreamy haze. This is most often used for convergence of light as seen from two apertures or
portraits. It is also has the effect of reducing contrast, opening but viewed at the same time.
and the filters are designed, labeled, sold, and used for
that purpose too.

7. LENS HOOD
 Also known as lens shade. It is a device used on
the
front end of a lens to block the sun or other light
ODENCIO, MAYANNE T. PENAL MANAGEMENT
BSCRIMINOLOGY 2 - B  Refers to the manner or practice of managing
or controlling places of confinement as jails or
prisons.
INSTITUTIONAL CORRECTION

CA1

BY: JOHN PAUL C. FERNANDEZ,RCRIM

CORRECTION
 A branch of the Criminal Justice System
concerned with the custody, supervision and  PRIMARY SCHOOLS OF THOUGHT ON
PENOLOGY
rehabilitation of criminal offenders.

CLASSICAL SCHOOL

 The Doctrine of Psychological Hedonism

(Bentham) and Freewill (Beccaria).

NEO – CLASSICAL SCHOOL

 This theory modified the doctrine of free will by
stating that free will of men may be affected by
CORRECTIONAL ADMINISTRATION other factors and crime committed due to some
compelling reasons that prevail. These causes are
 the study and practice of a system or pathology, incompetence, insanity, or any
systematic management of jails or prisons and condition that will make it impossible for the
other institution concerned with the custody, individual to exercise free will entirely.
treatment and rehabilitation of criminal
POSITIVE ( ITALIAN SCHOOL )
offenders.
 Denied individual responsibility and reflected
on positive reactions to crime and criminality.

 FUNCTIONS OF CORRECTIONS

 Maintenance of Institution

 Protection of law-abiding members of society

PENOLOGY  Reformation and Rehabilitation of offenders

 is the study of punishment of crime or of  Deterrence of Crimes

criminal offenders. It includes the study of
control and prevention of crime through  HISTORICAL DEVELOPMENT OF
punishment of criminal offenders. CORRECTIONAL SYSTEM

 CODE OF HAMMURABI

 THE LAW OF THE TALION (Lex Talionis)

of the principle of “tit for tat” (“eye for an
 eye” or tooth for a tooth”) is one of the the HITTITES IS A GREAT IMPORTANCE
principle that can be viewed from most of the OF MORALITY. It only shows that even
provisions of the code of Hammurabi during the ancient time, values are greatly
especially on sections involving punishments different from one group to other.
are either death or mutilation.
 Death or slavery is the punishment in almost
 Hammurabi, the king of Babylon during the all crimes, except in robbery and homicide.
eighteenth century BC, is recognized as the
first codifier of laws.  When the case is homicide, the criminal is
obligated to make restitution to the deceased
 It provides the FIRST COMPREHENSIVE family.
VIEW OF THE LAWS in the early days.
 The cases of rape, having sex with animal,
 Under the principle of the law of talion, the violation of government order, and magic
punishment should be the same as the harm (sorcery/mgic) is also punishable by death.
inflicted on the victim.
 The head of the armed forces enforces law and
I - Hammurabi is the author, Lex Talionis judgement
(Law of the Talion or Law of retaliation)
THE RELIGIOUS CODES
II - Most of the punishments here involve
death or injury.  THE BOOK OF DEUTERONOMY, the fifth book
in the Bible, contains the basis of the Jewish laws;
III - When a thief is not caught and the stolen one of the most prevailing theories is that of THE
goods are not returned equipment, the TEN (10) COMMANDMENTS found in Chapter
XII and XXVII. This is a form of covenant
authorities must replace it.
between God and the people of Israel, given to
Moses on the mountain top (Mt. Sinai).
IV- The criminal will answer not only to the
victims, but also to the king.
 The counter part of this in the Islamic countries is
the book of Koran, which has so much in parallel
V - The penalty for theft is death, lying, to the Christian and Jewish culture. Although it
making the house that will destroy what will be observe that THE KORAN IS MORE
belongs to him. (In case the son died in the SPECIFIC ON THREE KINDS OF OFFENSES:
collapse of the house, the son of the builder of HOMICIDE, THEFT AND ADULTERY. The
the house is the one will be killed.) Koran is of divine origin and it is said to have been
given by Allah to Prophet Mohammed.
VI - A child who hurt his father, will be cut
off by his people hand. THE GREEK
 The Code of Drakon “ULTIMATE SEVERITY”
VII - When the victim has a broken bone, such and the Solon are the two of the most famous
codes of Greek at about seventeenth century B.C.
a criminal's bone will also be broken.
The Drakon comes first and later REPEALED BY
THE SOLON CODE except for some offenses still
THE HITTITES the principle of Talion was carried in these codes.

 About two centuries after the Hammurabi, the

Hittites flourished even though part of their
codes was discovered, few of its provisions are
deciphered. What was observed in the code of
 ROME AND THE CRIMINAL LAW BURGUNDIAN CODE
(Twelve Tables)
 The punishment for each crime is according to
 Other codes, the Roman law has the longest the social class.
influenced over many criminal laws, it begins
with the Twelve Tables of Wood, prepared in
451-450 B.C.

 Presentation of the earliest Roman Codified

laws, until it is largely INCORPORATED
INTO THE JUSTINIAN CODE finished in
529 and was revised in the next four (4)
decades. Most of the English common law and
CODE OF KALANTIAW
Western World legal codes were said to have
been derived from it.  Said to have been created by Datu Kalantiaw
in 1433.
 Roman law began with the Twelve Tables
which were written in the middle of the sixth
century BC

 The Twelve Tables were the foundation of all

laws in Rome and written in tablets of bronze

 The Twelve Tables were drafted by the

DECEMVIRS, a body of men composed of MARAGTAS CODE
patricians.
 Originated by Datu Sumakwel.

 EARLY PRISONS
JUSTINIAN CODE
 Written by Emperor of Justinian of Rome in
the 6th century AD. MAMERTIME PRISON
 Jail in Rome (64 BC) built under canal or
sewers.

THE TWELVE TABLES (XII Tabulae)

BRIDEWELL WORKHOUSE
 The very first basis of the law in Rome that
was included in the creation of the Justinian  First house of correction (London 1557) which
code. also employs English Prisoners.
 The Former Royal Palace of Bridewell, London
(1557)
 Was the first WORK HOUSE FOR “POOR
AND IDLE PEOPLE”. 1602, Elizabeth I
proclaimed that those prisoners who are not
convicted of murder, rape or burglary be sent
to the Galleys to work as slave or oarsman to
WALNUT STREET JAIL row naval vessel and may even yield some
profit out of their punishment.
 First American Penitentiary.

MICHIGAN
“Act of the Punishment of Roque, Vagabonds
 The first country to abolish the death penalty. and sturdy Beggars” (1597) BRIDEWELL
INSTITUTION
ILLINOIS, CHICAGO
 Law that was enacted during the reign of King
 First Juvenile Court Henry VII (1509-1947) under his daughter
Elizabeth I. It mandates that beggars should be
ERGASTULUM return to their birth place, kept in jail or house
of correction until they could be put to work.
 Slaves or criminals were chained while they These became later the basis of transportation
were worked forced. of criminals beyond the seas, as an alternative
to corporal punishment.
UNDERGROUND CISTERN
IN 1703
 Those imprisoned here are allowed to starve to
death.  Pope Clement has Hospice de San Michelle
(St. Michael) in Rome. The prisoners were
classified according to their age and crime
they had committed. This placed was designed
for incorrigible youths under 20 years of age
and on top of their doors an inscription is
written which reads, – “ It is insufficient to
restrain the wicked by punishment unless you
render them virtuous by corrective discipline.”
At night they pray and sleep on separate cells
MAINE STATE PRISON for repentance but at day time work in a large
central hall isolation, solitary work in the cells,
 Productive work of prison. bread and water diet, floggings and the black
hole were some of the punishment.
BENEFITS OF CLERGY 18TH CENTURY
 This originated in a compromise with the  Considered to be one of the most brutal ages
Church which had maintained that a member for punishing criminals. A combination of the
of the clergy brought to trial in a King’s Court Old and New system.
might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the FLOGGING
ground that he, the prisoner, was subject to the
authority of the ecclesiastical courts only.  Was the most popular method of corporal
(King Henry II). punishment. Hanging is publicly done just like
a scenario in a carnival where the phrase gala
day, gala occasion was derived from the word
gallaome.

IN 1773, JOHN HOWARD (1726-1790) (HIGH

SHERIFF OF BEDFORDSHIRE)

 As a young man he travelled to Europe hoping

to help in the relief of Lisbon after the 1718
disastrous earthquake of 1755. He was
 Punishment and transportation of criminals
captured by the French and was held prisoner
from England to America became a practice
for two months in conditions of great
although it was abruptly HALT IN.
barbarity. Lucky he was returned to England
as exchange prisoner. Having been influenced
 It was cut off in 1875, but now exceeds
by Beccaria and through his own experience
135,000
he wrote a book entitled “ THE STATE OF
the number of people sent to Australia and
THE PRISONS IN ENGLAND AND
New Zealand.
WALES” which makes him known as ONE
OF THE GREATEST PRISON REFORMER. 1778
In 1735 Clement XII established an institution
for woman based on the work of John  Due to American Revolution leading England
Howard. to divert her convicts to Australia and New
Zealand.
JOHN HOWARD
OLD “HULK” ( PRISON SHIP )

 (Abandoned and unsuitable transport ships) =

was converted as prison in order to ease the
congestion in prison. But this resulted into a
more degrading life for both prisoners and
 Separate prison cells for prisoners.
guards to the point that they call is the
“floating hell”. This even last for 85 years and
 Separate women from men.
no segregation was made between youth, man
and woman.
 Separate adults from children.

 Provisions for sanitation facilities.

 The removal of the fee system (paid by the

prisoners to jailer).
“ON CRIMES AND PUNISHMENT, 1764 4 OBJECTIVES OF PUNISHMENT BY
BENTHAM:
 Becarria’s great contribution to
correction/penal system. A direct result of 1.To prevent all offenses , if possible;
protest over cruelties and inequalities of the
law and the courts. Its essential principles are 2.If a person chooses to commit an offense,
follows: punishment will persuade him to commit a
less rather a more serious one.
 UTILITARIAN CONCEPT – Human action
must be meaningful, just , and for the good of
3.When a person made up his mind to commit
all.
a particular offense, punishment disposes him
to do more mischief than is necessary to his
 CRIME MUST BE CONSIDERED AN
purposes;
INJURY TO THE SOCIETY.
4.To prevent the crime at as cheap a rate as
 PREVENTION FOR CRIME IS MORE
possible.
IMPORTANT THAN PUNISHMENT.
WILLIAM PENN
 SECRET ACCUSATION AND TORTURE
SHOULD BE ABOLISHED.
 “The Great Law” of the Pennsylvania Tuakers,
providing more human treatment of offender.
SPEEDY TRIAL SHOULD BE PROMOTED. He is also responsible to the abolition of death
penalty.
 Punishment is justifiable only on the
supposition that it helps deter a person from
committing a crime. NO CAPITAL
PUNISHMENT. LIFE IMPRISONMENT is a
better deterrent. BANISHMENT is an
excellent punishment for crimes against state.
Crimes against property should be punished by
fine or imprisonment only when the person is
incapable of paying the fine. Capital
punishment is irreparable and hence no  THE TWO PRISON SYSTEMS
provision for possible mistakes and the
desirability or later reflection.
1. AUBURN SYSTEM (1819)
 Imprisonment should be more widely
employed but its mode of applications should
be greatly through providing better physical  Confinement of the prisoners in a single cell at
quarters and by separating and classifying the night and congregate work in shops during the
prisoners into age, sex and degree of day. (Adopted by United States).
criminality. “CONGREGATE SYSTEM”.

 GREATEST HAPPINESS PRINCIPLE

 HEDONISTIC CALCULUS (Felicific

Calculus)

 UTILITARIANISM

 PAIN AND PLEASURE 2. PENNSYLVANIA SYSTEM (1829)

 PANOPTICON PRISON  Confinement of prisoners in their own cells

day and night (adopted by European
Countries). “SOLITARY SYSTEM”.
 THE THREE (3) ESCAPEES OF
ALCATRAZ

MAISON DE FORCE
 JOHN ANGLIN
 Was in Belgium, the inmates were whipped
and had to adhere to the rule of silence.  CLARENCE ANGLIN

 FRANK MORRIS
MANUEL MONTESINOS
 (Director of the Prisons of Valencia, Spain in SIR EVELYN RUGGLES BRISE (England)
1835) = divided prisoners into companies and
appointed a prisoners a petty officer in charge.  Director of English Prison, after visiting
Academic classes of one hour a day, more Elmira Reformatory, opened Borstal
given all inmates under 20 years of age. Institution near Roached, In Kent which was
considered as the best reform Institutions for
young Offenders.
DOMETS (France)
 Established agricultural colony for delinquent PENALTY
boys in 1839 focus on re-education. Once
discharged, the boys placed under the  Defined as the suffering inflicted by the state
supervision of a patron. against an offending member for the
transgression of law.
VOLTAIRE
 SCALE PRINCIPLE PENALTIES
 He was the most versatile of all philosophers
during this period. “He believe that fear of CAPITAL PUNISHMENT
shame was a deterrent to crime” he fought for
legality sanctioned of torture.
 DEATH

ELMIRA REFORMATORY (1876)

 AFFLICTIVE PENALTIES
 Established a link between the community
based program and the penal institution. It is 1. RECLUSION PERPETUA
also known as “THE HILL”, forerunner of 2. RECLUSION TEMPORAL
Modern Penology. 3. TEMPORARY ABSOLUTE
DISQUALIFICATION
4. TEMPORARY SPECIAL
DISQUALIFICATION
5. PRISON MAYOR

 CORRECTIONAL PENALTIES
1. PRISON CORRECTIONAL
ALCATRAZ PRISON 2. ARRESTO MAYOR
 Known as “THE ROCK”, positioned its on an 3. SUSPENSION
island and believed to be impossible escaped 4. DESTIERRO
from it.
 LIGHT PENALTIES PRISON
 Articles 1706 - 1727 of the Revised
1. ARRESTO MENOR Administrative Code as amended “Prison
2. PUBLIC CENSURE Law” Or also known “Correctional System”

 JUSTIFICATION OF THE PUNISHMENT  THE SEVEN (7) PENAL COLONIES IN

THE PHILIPPINES
 Protection of the society
 Retribution
 Expiation or Atonement 1. NEW BILIBID PRISONS
 Deterrence 2. CORRECTION INSTITUTION FOR WOMEN
 Incapacitation and Protection 3. IWAHIG PRISON AND PENAL FARM
 Reformation or rehabilitation of behaviour 4. SABLAYAN PRISON AND PENAL FARM
 Legal 5. SAN RAMON PRISON AND PENAL FARM
 Definite 6. LEYTE REGIONAL PRISON
7. DAVAO PRISON AND PENAL FARM
JAIL
 Institutions for confinement of convicted DIRECTOR CHARLES MONDEJAR
offenders sentenced to imprisonment of three
 The First Chief of BJMP
(3) years or less.

 Jail comes from Spanish word JAULA BILIBID PRISON 1847

which means cage
 On Oroquieta Street in Manila, he opened on
 TYPES OF JAIL April 10, 1866. He was recognized as the
"Mayhaligue Estate" for boys town, but is now
1. LOCK-UP JAIL
known as Manila City Jail."
 Usually found at the police station for those
still under investigation or awaiting for trial.
SAN RAMON AND PENAL FARM

2. ORDINARY JAIL  It was established to house the rebels and

prisoners opposing the Spanish leadership.
 The common jail for people who will serve The prison is right in front of the sea and is
less than 3 years. sprawled within a 1, 414-hectare property.
It was on August 21, 1869 when the San
3. WORK HOUSE OR JAIL CAMP Ramon Prison and Penal Farm was built.
Decades later, when the Americans took over
 Prisoners have full employment. Under the
the country, the Bureau of Prisons was created
constructive work program, prisoners are
under the supervision of the Department of
employed and have leisure.
Commerce and Police.
Mindanao Bureau of Prisons Due to the havoc
 JAIL ACCORDING TO GENERAL
wreaked by the Spanish-American war, the
 MUNICIPAL JAIL(1 Day to 6 months) penal farm was destroyed. In 1907, it was then
 CITY JAIL re-established and started to house prisoners
 DISTRICT JAIL from .
 PROVINCIAL JAIL
 Built in Zamboanga del Sur August 21, 1870
 HISTORY OF PHILIPPINE FACILITY under the leadership of Governor General
 Ramon Blanco. The main product of the penal LETHAL INJECTION AS THE METHOD OF
farm is dired coconut kernels.(COPRA). CARRYING OUT CAPITAL PUNISHMENT

FEB. 5,1999, LEO ECHEGARAY

 The first sentence of death was lethal
injection.

IHAWIG PRISON AND PENAL FARM

 Founded by the Americans in Puerto Princesa,

Palawan on November 4, 1904 he was ordered
by Governor Luke Wright and became a penal  CHEMICALS COMPOUND OF LETHAL
colony under the orders of Gov. Cameron INJECTION
Forbes. It also known as the “Prison without 1. SODIUM THIOPENTAL – Can induce sleep.
Bars”. Former name is Iuhit Penal Settlement. 2. PANCURONIUM BROMIDE – Paralyze the
muscles.
3. POTASSIUM CHLORIDE – Stop the
breathing of the heart.

 SUB COLONY

 Sta. Lucia Sub colony

 Inagawan Sub colony  MAXIMUM SECURITY COMPOUND at
NBP MAIN BUILDING
 Montible Sub colony
 Central Sub colony  Death Convicts
NEW BILIBID PRISON  Life Term Inmates
 There are many pending cases
 Built in Muntinlupa City on January 22, 1941  There are many conviction
The electric chair was put into place, as was  Sentence of 20 years
the lethal injection. There was a death penalty
when President Fidel V. Ramos was in office.

 REPUBLIC ACT NO. 7659 DECEMBER

13, 1993 An Act to Impose the Death Penalty
on Certain Heinous Crimes, Amending for that
Purpose the Revised Penal Laws, as Amended,
Other Special Penal Laws, and for Other
Purposes. MEDIUM SECURITY CAMP
 2.5 kilometers from the main building
 REPUBLIC ACT NO. 8177 MARCH 20, It is also known as Camp Sampaguita, and the
1996 AN ACT DESIGNATING DEATH BY
youth detention center is also here.
MINIMUM SECURITY CAMP, in Bukang SABLAYAN PRISON AND PENAL FARM
Liwayway - Founded on Occidental Mindoro, on Sept.
27, 1954 by virtue of Presidential
HALF-WAY HOUSE Proclamation No. 72, the penal colony has a
total land area of approximately16,190
 for those to be released or finished their
sentence. hectares. Prison records show that the first
colonists and employees arrived in Sablayan
JUVENILE TRAINING CENTER on January 15, 1955.Since then several
 For those who juvenile offender. buildings have been constructed, including the
colonists dormitories, employees, quarters,
HAF-WAY HOUSE AND JUVENILE
guardhouse, schoolhouse, chapel, recreation
TRAINING CENTER hall, and post exchange.
 Are projects sponsored by Japan through
representation NAPOLCOM. FOUR SUB – COLONY

1. Central Sub – Colony

2. Pusog Sub – Colony
3. Pasugui Sub – Colony
4. Yapang Sub – Colony

DAVAO PRISON AND PENAL FARM

 Built in Tagum, Davao del Norte, January 21,
1932. This is the
earliest penal settlement to be organized in
administration of the Filipino Administration.
Davao Prison and Penal Farm, formerly
LEYTE REGIONAL PRISON
the Davao Penal Colony (DaPeCol), was
established on January 21, 1932 in Panabo
City, Davao del Norte, Philippines. It has a
land area of 30,000 hectares with a prison
reservation of 8,000 hectares. During World
War II, the Davao Penal Colony was the
biggest prison establishment in the country
which was used by the Japanese invading
army as their imperial garrison.

 Tagum Development Company (TADECO)

 TANGLAW SETTLEMENT
 Banana (3000 Hectares)
 Tagum Settlement Two Sub – Colony
 Panabo Sub – Colony
 Kapalong Sub – Colony
  Corrections Director General
(Undersecretary)
 Corrections Deputy Director General for
Administration (Assistant Secretary)
 Corrections Deputy Director General for
Security and Operations (Assistant
Secretary)
 Corrections Deputy Director General for
Reformation (Assistant Secretary)
 Corrections Chief Superintendent (Brig.
General)
 Corrections Senior Superintendent
(Colonel)
 Corrections Superintendent (Lt. Col.)
 Corrections Chief Inspector (Major)
 Corrections Senior Inspector (Captain)
 Corrections Inspector (Lieutenant)

 NON – COMMISIONED OFFICERS

 Corrections Senior Officer 4 (Executive

Master Sergeant)
CORRECTION INSTITUTION FOR  Corrections Senior Officer 3 (Chief Master
WOMEN (CIW) Sergeant)
 Corrections Senior Officer 2 (Senior Master
 Founded on Nov. 27, 1929
Sergeant)
Its old name was “WOMEN’S PRISON”
 Corrections Senior Officer 1 (Master
In 1934, the position of Female
Sergeant)
Superintendent was created for the operations
 Corrections Officer 3 (Staff Sergeant)
of this facility. CIW located at Mandaluyong
 Corrections Officer 2 (Corporal)
and Davao.
 Corrections Officer 1 (Private)

 BJMP RANK AND POSITION

 COMMISSION OFFICER

 Director
 Chief Superintendent
NOTE:  Senior Superintendent
 Superintendent
“National Correctional Consciousness
 Chief Inspector
week” EVERY LAST WEEK OF OCTOBER
 Senior Inspector
 Inspector
 BUREAU OF CORRECTION RANK AND
POSITION  NON-COMMISSION OFFICER

 COMMISSIONED OFFICERS  Senior Jail Officer IV

 Senior Jail Officer III
 Senior Jail Officer II
 Senior Jail Officer I
 Jail Officer III
 Jail Officer II
 Jail Officer I
What is RA 10592 ?
 REPUBLIC ACT No. 10592
AN ACT AMENDING ARTICLES 29, 94,
97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE (MAY 29,
2013)
GOOD CONDUCT TIME ALLOWNCE
(GCTA)
 Good conduct
time allowance is a privilege granted to a
prisoner that shall entitle
him to deduction of his term of imprisonment.

SPECIAL TIME ALLOWANCE FOR

LOYALTY (Article 98)
 It is a deduction of 1/5 of the period of
sentence to any prisoner who, having
evaded the service of his sentence under the
circumstances in Article 158 of RPC gives
himself up to the authority within 48 hours
following the issuance of a proclamation
announcing the passing away of the calamity
by the President of the Philippines.
 CHAPTER II What we experienced as sunlight is actually
solar radiation.
LIGHT When solar radiation travels through the
 Is an electromagnetic radiation with a certain atmosphere, some of it absorbed by the
portion of electromagnetic spectrum. The atmosphere (16%)
word usually refers to visible light, which is Scattered in space (6%)
visible to the human eye and is responsible for Reflected by clouds (28%)
the sense of sight. Reaches the earth’s surface (47%)

 KINDS OF SUNLIGHT
 TWO GENERAL SOURCES OF LIGHT
 Natural light 1. BRIGHT SUNLIGHT
 Artificial light  It is a sun lighting condition where objects in
an open space cast a deep uniform or distinct
shadow.

NATURAL LIGHT
 Our main source of light is the sun. the sun is a
star that is a huge ball of gas. Explosions at the
center of the sun produce large amounts of 2. HAZY SUNLIGHT
energy.  In this sun lighting condition the objects in
open space cast a transparent shadow.

SUN LIGHT
 Is the light and energy reaches the earths 3. DULL SUNLIGHT
surface, it is called insolation.
 It is a lighting condition of the sun that no NEON LIGHTS
more shadow to be cast bay an object in open
 It is commonly used for advertising. Neon is a
space.
gas that gives out light when high voltage
electricity passed through it. By changing the
electric current, up to five different colors can
be produced in the same tube.

ARTIFICIAL LIGHT
 Humans have been able to create and control
light for thousands of years. The earliest for of
lighting was with fire such as burning woods, FLUORESCENT TUBES
candles, gas or oil. Candles were made out of
 They are widely used in the office and in
beeswax or tallow (animal fat). Now oil lamps
home. Fluorescent tubes are glass that contain
used plant or animal oil and a wick to burn.
mercury vapor. When an electric current is
But now the most convenient source of
passed through the mercury vapor it gives off
artificial light is the electric light.
ultraviolet light. This ultra violet light is
absorbed by phosphor powder that coats the
inside of the tube and start to glow to make a
blue-white light. These lights need special
electronic starters to produce the high voltage
needed to start the light.

 TYPES OF ELECTRIC LIGHT

TUNGSTEN FILAMENT BULBS
 The are cheap to make and easy to use. They
contain a thin metal filament made out of SPECTRUM
tungsten (a type of metal). This filament hot
 It is the distribution of colors produced when
when flows through it and glows yellow –
white light is dispersed by a prism or
white. These bulbs last only 1000 hours
diffraction grating. There is a continuous
because the filament becomes thinner and
change in wavelength from red, the longest
thinner as it burns.
wavelength, to violet, the shortest.
EXPOSURE III. OVER ESPOSURE
 The quantity of light allowed acting on a  This could be happen when the quantity of
photographic material; a product of the light reaching the emulsion of sensitized
intensity controlled by the lens opening and material exceeded with the prescribed amount
the duration controlled by the shutter speed or of light which supposed to be necessary for
enlarging time of light striking the film or better result.
paper. The act of allowing light to reach the
light sensitive emulsion of the photographic
sensitized material.

 CHAPTER III.
SENSITIZED MATERIALS
 KINDS OF EXPOSURE  The term sensitized materials refers to the film
I. UNDER EXPOSURE and photographic paper that is basically
composed of emulsion containing silver
 This will happen when the quantity of the light halides suspended in a gelatin and coated on a
reaching the emulsion of sensitized materials transparent or reflective support.
are deficient with the need quantity to make it
normal. A negative copy could be considered
under exposed when it has a high.

FILM
 Photographic film is a strip or sheet of
II. NORMAL EXPOSURE transparent plastic film base coated on one
side with a gelatin emulsion containing
 Otherwise known as correct exposure. Light microscopically small light sensitive silver
reaching the emulsion of sensitized materials halide crystal.
exceeded with the prescribed amount of light
which supposed to be necessary for better
result.
BLACK AND WHITE FILM II. MEDIUM VIEW OR MID-RANGE
 Most modern black and white films, called  TAKEN IN A MANNER WHICH
panchromatic films, record the entire visible PORTRAYS THE SCENE FROM
spectrum. Some films are orthochromatic, APPROXIMATELY TEN TO TWENTY
recording visible light wavelengths shorter FEET DISTANCE FROM THE SUBJECT
than 590 nanometers, in the blue to green MATTER. THIS IS DESIGNED IN ORDER
range of the spectrum and are less sensitive to TO CONCENTRATE ON THE FEATURES
the longer wavelength range (i.e. orange-red) OF THE OFFENSE, WHICH INCLUDES
of the visible spectrum. THE FULL BODY SHOT OF THE
VICTIMOR THE GROUPS OF
EVIDENCES.

 THREE TYPES OF RANGE

PHOTOGRAPS
I. GENERAL VIEW
CLOSE-UP VIEW OR CLOSE-UP RANGE
 OR LONG RANGE PHOTOGRAPHS OF
 ARE NORMALLY TAKEN
THE OVERALL SCENE
APPROXIAMTELY FIVE FEET OR LESS
FUNDAMENTALLY ARE TAKEN TO
FROM THE SUBJECT AMTTER. THE
PORTRAY THE ARES AS IF A PERSON
ATTENTION OF CLOSE UP
VIEWING THE SCENE IS SEEING IT
PHOTOGRAPHY IS DIRECTED TO
FROM THE STANDING POSITION.TO
OBJECTS WHICH COULD NOT
OBTAIN THIS RESULT, THE
EFFECTIVELY BE SEEN IN THE
PHOTOGRAPHER TAKES THE
GENERAL VIEW OR MEDIUM VIEW
PHOTOGRAPH WITH THE CAMERA AT
PHOTOGRAPHS. THIS ANGLE CENTER
EYE LEVEL. THE PURPOSE OF
ON THE RESULT OF THE CRIME THRU
GENERAL VIEW IS TO FOCUS AND
TAKING THE HALF BODY SHOT OF THE
ESTABLISHED THE LOCATION OF THE
VICTIM HAVING OF WOUND OR
CRIME SCENE TO FIXED POINT OF
DAMAGE.
REFERENCED SERVING AS ITS
PERMANENT CITATION.
ODENCIO, MAY ANNE T. “NUL UM CRIMEN NUL A POENA SINE
LEGE”
BSCRIMINOLOGY 2 – BRAVO
 There is no crime if there is no law
CLJ 3 CRIMINAL LAW BOOK 1
punishing it.
MODULE 1 Concepts and principles of
 BRANCHES OF PUBLIC LAW
Criminal Law
Learning objective: To interpret the  Constitutional Law
characteristics of criminal law and its relationship  Administrative Law
to crime.  Criminal Law
 Procedural Law
Pre- module questions:  Public International Law
1. Base on your own idea, what is the purpose of
criminal law?  CONSTRUCTION OF PENAL LAWS

2. On your own understanding, what is the 1. Liberally in favor of the accused.

relationship between crime and law? 2. Strictly against the state.
 MAJOR AREAS OF STUDY IN 3. Doctrine of "equipoise"-
CRIMINOLOGY
4. "void-for-vaguenes ”

 Criminal Sociology 5. “DOCTRINE OF “PRO REO

 Criminal Jurisprudence and Procedure
 When a circumstance is susceptible to two
 Law Enforcement Administration
interpretations, one favorable to the accused
 Crime Detection, Investigation and
and the other against him, that interpretation
Prevention
 Criminalistics favorable to him shall prevail.
 Correctional Administration
Definition of Terms
 PURPOSES OF CRIMINAL LAW
LAW
 to reform;
 Is a rule of conduct just and obligatory  to deter others;
promulgated by legitimate authority for the  to prevent the offender from committing
observance of common good. further crimes;
 to defend the state against crimes; and
CRIMINAL LAW
 to set an example
 Is that branch of public law which defines
crimes, treats of their nature and provides for  SOURES OF PHILIPPINE CRIMINAL
their punishment. LAW

CRIME
 The Revised Penal Code (Act No. 3815)
 Is an act committed or omitted in violation of January 1, 1932
public law forbidding or commanding it.  Laws promulgated by the Philippine Congress
which do not constitute amendments to the
ACCUSED Revised Penal Code (1946-1972, 1987-
 Is a person formally charged in court for present)
having violated a penal law.  Unrepealed Presidential Decrees (1972-1986)
 Unrepealed Executive Orders (1986 during soldiers of the Armed Forces of the
Provisional Constitution) Philippines. However, when the military court
takes cognizance of the case involving a
 THEORIES IN CRIMINAL LAW (1) person subject to military law, the Articles of
CLASSICAL (OR JURISTIC) THEORY War apply, not the Revised Penal Code or
other penal law. (Reyes, The Revised Penal
 Basis of criminal liability is free will and the Code Criminal Law, Book One [17th]
purpose of penalty is retribution.
 Man is essentially a moral creature with  ‘EXCEPTION TO “GENERALITY”
absolute free will to choose between good and
A. As provided under Treaties of Treaty
evil, thereby placing more stress upon the
Stipulations.
effect or result of felonious act than upon the
man, the criminal himself  Examples are the Bases Agreement entered
 It has endeavored to establish a mechanical into by the Republic of the Philippines and
and direct proportion between crime and United States of America on March 14, 1947
penalty (“oculo pro oculo, dente pro dente”) (which expired on September 16, 1991) and
 There is scant regard to the human element. the RP-US Visiting Forces Accord which was
signed on February 10, 1998.
 (2) POSITIVIST (OR REALISTIC)
B. AS PROVIDED UNDER THE “LAW OF
THEORY
PREFERENTIAL”
 Man is subdued occasionally by a strange and  Such law is superior to any penal statue in
morbid phenomenon which constrains him to case it comes into conflict with the penal
do wrong, inspite of contrary to his volition. statue. The inference, therefore, is that a Law
 Crime is essentially a social and natural of Preferential Application is a fundamental
phenomenon. Law. (Apostol, Essentials of Criminal Law
[2008 Revised Edition], p 4-5).
 (3) ECLECTIC (OR MIXED) THEORY
 Based on the principle of reciprocity,
 Philosophy is based on the combination of Republic Act No. 75 (a statue penalizing acts
Classical and Positivist Theory. which would impair the proper observance by
 The Revised Penal Code today follows this the Philippines and its inhabitants of the
theory or philosophy. immunities, rights, and privileges of duly
accredited foreign diplomatic and consular
 CHARACTERISTICS OF PHILLIPINE agents in the Philippines) extends immunity
CRIMINAL LAW enjoyed by the accredited foreign ambassadors
in the Philippines to the members if their
I. GENERALITY
domestic household, provided they are
 means that the law governs all persons within registered in the Department of Foreign
the territorial jurisdiction of the state Affairs and in the Office of the Chief if Police
irrespective of race, belief, sex or creed. Penal of the City of Manila. (Ibid)It is worth
laws shall be obligatory upon all who live or remarking that under the 1987 Constitution, no
sojourn in Philippine territory.As a general Member of Congress shall be questioned nor
rule, the jurisdiction of the civil courts is not be held liable in any other place for any
affected by the military character of the speech or debate in the Congress or in any
accused. (U.S. Sweet, 1 Phil. 18) The civil committee thereof. (Art. VI, Sec. 11). c. As
courts have concurrent jurisdiction with the provided in Public International Law. By
military courts or general courts-martial over virtue of the principles of public international
 law, the following are not subject to the C.Should be liable for acts connected with the
operation of our criminal law: (i) sovereigns introduction into the Philippines of the obligations
and other heads of state; (ii) ambassadors; (iii) and securities mentioned in number two.
ministers (resident or plenipotentiary); (iv)
D.While being public officers or employees,
charges d’affaires and attaches. Diplomatic
should commit an offense in the exercise of their
representatives (such as ambassadors or public
functions; or
ministers and their official retinue) possess
immunity from the criminal jurisdiction of E. Should commit any of the crimes against the
their sojourn and cannot be sued, arrested or national securities and the law of nations nations.
punished by the law of that country. (II) Hyde,
 An offense committed on the high seas on
International Law, 2nd Edition 1266)
board a foreign merchant vessel is not triable
by our courts. (US v. Fowler, 1 Phil. 614)
 The enumeration above is inclusive and
 There are two rules as to jurisdiction over
exclusive. Thus, a consul, not being included
offenses committed aboard foreign merchant
in the enumeration does not enjoy diplomatic
vessels while in the territorial waters of
immunity from any prosecution for a crime
another country. Under the French Rule, such
committed by him in the Philippines.
crimes are not triable in the courts of that
(Scheneckenburger v. Moran, 63 Phil. 249)
country, unless their commission affects the
Consuls, vice-consuls and other commercial
peace and security of the territory or the safety
representatives of foreign nations do not
of the state is endangered. On the other hand,
possess the status of, and cannot claim the
under the English Rule, such crimes are triable
privileges and immunities accorded to
in that country, unless they merely affect
ambassadors and ministers. (Wheaton,
things within the vessel or they refer to the
International Law, Sec. 249) For a consul to be
internal management thereof. (Reyes, The
immune from criminal prosecution for
Revised Penal Code Criminal Law, Book One
committing a crime within Philippines, such
[17th Edition], p. 29) Our criminal justice
must be the subject if treaty stipulation
system observes the English Rule. (People v.
between of that consul. (Apostol, Essentials of
Wong Cheng, 46 Phil. 729; US v. Look Chaw,
Criminal Law [2008 Revised Edition], p. 4). 2.
18 Phil. 573)
 Philippine courts have no jurisdiction over
TERRITORIALITY offense committed on board foreign warships
in territorial waters. (Reyes, The Revised
 Means that the law is only effective within the
Penal Code Criminal Law, Book One [17th
territorial confines of one’s jurisdiction – be it
Edition] at p. 31) Warships are always reputed
land, atmosphere, interior waters and maritime
to be the territory of the country to which they
zone. However, Article 2 of the RPC provides
belong and cannot be subjected to the laws of
for the exception to theTerritoriality Rule
another state. A US Army transport is
and it extends the jurisdiction of the
considered a warship. (US v. Fowler, 1 Phil.
Philippines even outside of its territory
614)
against those who:
IRRETROSPECTIVITY OF
PROSPECTIVITY
A. Should commit an offense while on a
Philippine ship or airship.  Means that the law only takes effect after
B. Should forge or counterfeit any coin or its effectivity date and never retrospective in its
currency note of the Philippines or application. Penal laws look forward and not
backward. Lex prospicit, non respicit.Crimes are
obligations and securities issued by the
Philippines government.
punished under the laws in force at the time of 2. Enumerate the characteristics of Philippine
their commission. (Art. 366, RPC) Criminal Law and explain it in your own words or
give an example.
 The principle of prospectivity applies not only
to original amendatory statutes and
administrative rulings and circulars, but also
and properly so, to judicial decisions. (Co v.  CRIMINAL LAW BOOK 1 (CLJ3)
Court of Appeals, 227 SCRA [“Supreme Court MODULE 2 Felonies
Reports Annotated” (444).
 As an exception to the prospective application Pre-module Questions:
of criminal laws, penal laws which are Answer the following:
favorable to the accused are given retroactive
effect. (Art. 22, RPC). The provision applies 1. In your own understanding, differentiate
even to special laws which provide more consummated, frustrated, and attempted
favorable conditions to the accused. (People v. felonies
Agares, 235 SCRA 30; People v. Soliman, 36
Phil. 5; People v. De Lara, 236 SCRA 291). .2. In your own understanding, differentiate
 The exception, however, has no application in culpable and intentional felonies.
the following instances: (1) where the offender FELONIES
is a habitual criminal under Article 62, Rule 5
of the RPC; and (2) where the new law is  Are acts and omissions punishable by the
expressly made inapplicable to pending Revised Penal Code. (Art. 3, RPC). They are
actions or existing causes of action. (Tavera v. committed not only by means of deceit (dolo)
Valdez, 1 Phil. 463). that is, when the act is performed with
deliberate intent
 THE REVISED PENAL CODE (ACT NO.
– but also by means offault (culpa) – i.e., when
3815) – JANUARY 1, 1932 the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill. If
BOOK 1 – ARTICLES 1-113 crime is punished by the RPC, it is called a
felony; if by special law, it is called
 General principles of criminal law
 Felonies and circumstances which affect an offense. If by an ordinance, it is called an
criminal liability infraction of an ordinance.
 Classification, duration, and effects of
CRIME
criminal penalties
 Extinction and survival of criminal and  violation of public law
civil liabilities in crimes
OFFENSE
BOOK 2 – ARTICLES 114 - 367
 violation of special law
 Defines the specific crimes and the penalties
FELONY
imposable for each crime and also it’s
classification.  violation of Revised Penal Code

Post-module questions:
1. In your own words explain and differentiate the REQUISITES OF FELONY
different theories of criminal law.
 For a felony to exist, the following requisites
must be present, to wit:
(1) there must be an act or omission;
(2) the act or omission must be punishable by law;  ( Deficiency of Action , Lack of skil , Lack of
and Pre-caution)
(3) the act or omission must have been committed NEGLIGANCE
either with deliberate intent or through negligence
 ( Deficiency of Perception , Lack of
or imprudence.
Foresight , Failure to apply diligence).
Notes:
 The word“felony” does not cover a crime (3) Those that are penalized under
punished by special law. special laws (offense)

 In felony the act must be external because

internal acts are beyond the sphere of penal
 Classification of Felonies
law. A criminal thought or a mere intention, no
matter how immoral or improper it may be, I. According to man er or mode of execution
will never constitute a felony. (Reyes, The (Art. 3, RPC)
Revised Penal Code Criminal Law, Book One
1. INTENTIONAL FELONIES
[17th Edition], p. 34)
 For a crime to exist in our law, there must be  Committed by means of deceit or malice (Ex.
both “mens rea” (criminal intent or guilty Murder and Estafa)
mind) and “actus reus” (criminal or guilty
2. CULPABLE FELONIES
act) .
 Where the wrongful acts result from
 CLASSIFICATION OF CRIMES imprudence, negligence lack of foresight or
lack of skill (Ex: Reckless Imprudence
In our criminal law, crimes are classified into:
resulting to Homicide).
(1) Intentional Felonies The elements of dolo
I . According to gravity (Art. 9, RPC)
(deceit) are:
1. GRAVE FELONIES
 Freedom
 Those to which the law attached the capital
ACTUS NON FACIT REUM NON EST MENS
punishment or penalties which in any of their
ACTUS
periods are afflictive in accordance with Art.
 An act done against my will is not my 25 of the Revised Penal Code (Ex, Rape,
Parricide)
act.
2. LESS GRAVE FELONIES
 Intelligence
 Those which the law punishes with penalties
ACTUS NON FACIT REUM, NISI MENS SIT
which in their maximum period are
REA
correctional (Ex. Attempted Homicide, Illegal
 An act cannot be criminal where the Discharge of firearm)
mind is not criminal. 3. LIGHT FELONIES
 Intent  Those infractions of law for the commission of
which the penalty of arresto menor or a fine
(2) CUPABLE FELONIES
not exceeding forty thousand pesos (P40,
IMPRUDENCE 000), or both, is provided (Ex. Slight Physical
Injuries, Alarm and scandal under Article 155)
as amended under RA 10951.
I . According to stage of execution (Art. 6 RPC) and objective phases are present, there is a
consummated felony.
1. CONSUMMATED
 When all the elements necessary for its
NOTE:
execution and accomplishment are present.  There is no frustrated rape. Rape is either
2. FRUSTRATED attempted or consummated. In the crime of
rape, from the moment the offender has carnal
 When the offender performs all the acts of knowledge of his victim, he actually attains his
execution which would produce the felony as purpose and, from that moment also all
a consequence but which nevertheless do not essential elements of the offense have been
produce it by reason of causes independent of accomplished. Taking into account the nature,
the will of the perpetrator. elements, and manner of execution of the
3. ATTEMPTED crime of rape and jurisprudence on the matter,
it is hardly conceivable how the frustrated
 When the offender commences the stage in rape can ever be committed.
commission of a felony directly by overt acts,
and does not perform all the acts of execution  Also, there is no frustrated theft. In
which should produce the felony by reason of Valenzuela v. People of the Philippines (G.R.
some cause or accident other than his own No. 160188, June 21, 2007), holding that
spontaneous desistance. unlawful taking (which is the deprivation of
4. OVER ACT one’s personal property) is the element which
produces the felony of theft in its
 Is “some physical activity or deed, indicating consummated stage, the Supreme Court
the intention to commit a particular crime, declared that under Article 308 of the RPC,
more than a mere planning or preparation, theft cannot have a frustrated stage and that
which if carried to its complete termination theft can only be attempted or consummated.
following its natural course, without being
frustrated by external obstacles nor by the Conspiracy and Proposal to Commit Felony
voluntary desistance of the perpetrator, will  Conspiracy and proposal to commit felony are
logically and necessarily ripen into a concrete punishable only in the cases in which the law
offence.” (Reyes, The Revised Penal Code specially provides a penalty therefor. (Art. 8,
Criminal Law, Book One [17th Edition]. RPC) Thus, conspiracies to commit treason
and rebellion as well as sedition are
SUBJECTIVE AND OBJECTIVE PHASES punishable by law. While only proposals to
OF A FELONY commit treason and rebellion are punishable.
 A conspiracy exists when two or more
 The subjective phase is that portion of the persons come to an agreement concerning he
execution of the crime starting from the point commission of a felony and decide to commit
where the offender begins up to that point it. And there is proposal when the person who
where he still has controls of his acts. If it has decided to commit a felony proposes its
reaches the point where he has no more execution to some other person or persons.
control over his acts, the subjective phase is
passed. If the subjective phase is not yet LIGHT OFFENSES
passed, the felony is not produced, as a rule, it  Light Offenses are punishable only when they
is frustrated. The objective phase is the result have been consummated, with the exception of
of acts of the execution, that is, the those committed against persons or property.
accomplishment of the crime. If the subjective Stated otherwise, there is no attempted or
frustrated light felony except in light felonies
 against persons or property. Likewise, in light  Napagkamalaman mo yung isang tao na siya
felonies, only the principals and accomplices ang papatayin mo pero maling tao pala yun at
are liable (Art. 16, RPC). siya ang napatay mo.
MISTAKE OF FACT B.Aber atio ictus (mistake in the blow)
 While ignorance of the law excuses no one  Kunyare nagsusuntukan kayong dalawa pero
from compliance therewith (ignorantia legis ang tinamaan ay yung umaawat.
non excusat). Ignorance or mistake of fact
C.Praeter intentionem (injurious result is
relieves the accused from criminal liability
greater than that intended)
(ignorantia facti excusat). (Reyes, The Revised
Penal Code Criminal Law, Book One [17th  Halimbawa is nabangga mo siya gamit ang car
Edition], p. 44; see also US v. Ah Chong, 15 and then nagkapinsala siya ng maraming sugat
Phil. 488) So, babayaran mo lahat ng expenses niya mga
gamot , bills sa Hospital or Nagnakaw ka then
REQUISITES OF MISTAKE OF FACT AS A
nahuli kang nagnakaw ang gagawin mo is
DEFENSE :
babayaran mo yung mga ninakaw mo.
1. The act done would have been lawful had the  The felony committed must be the proximate
facts been as the accused believed cause of the resulting injury. Proximate cause
has been defined as “that cause, which, in
them to be;
natural and continuous sequence, unbroken by
2. The intention of the accused in performing the any ef icient intervening cause, produces the
act should be lawful; injury, and without which the result would not
have oc ur ed.”
3. The mistake must be without fault or
carelessness on the part of theaccused. NOTE:
CRIMINAL LIABILITY El que es causa de las causa es causa del mat
 Criminal liability shall be incurred: (1) By any causado – He who is the cause of the cause is the
person committing a felony (delito) although cause of the evil caused.
the wrongful act done be different from that IMPOSSIBLE CRIME
which he intended, and (2) by any person
performing an act which would be an offense  An impossible crime is one where the acts
against person or property, were it not for the performed would have been a crime against
inherent impossibility of its accomplishment person or. property but which is not
or on account of the employment of accomplished because of its inherent
inadequate or ineffectual means. (Art. 4 RPC) impossibility or because of the. employment
A person committing a felony is criminally of inadequate or ineffectual means.
liable for all the natural and logical THE REQUISITES OF AN IMPOSSIBLE
consequences resulting therefrom although the CRIME ARE :
wrongful act done be different from that which
he intended. (1) that the act performed must be an offense
against persons or property;
THERE ARE (3) SCENARIOS UNDER
PARAGRAPH 1 OF ARTICLE 4, TO WIT : (2) that the act was done with evil intent;

A. Error in personae (mistake in the identity of (3) that its accomplishment was inherently
the victim) impossible or the means employed was either
inadequate or ineffectual.

Note:
 This is the only crime provided for in Book 1  But when the acts are inherently immoral, they
of the Revised Penal Code. The court, having are mala in se, even if punished under special
in mind the social danger and the degree of law.
criminality shown by the offender shall  Post-module questions:
impose the penalty of arresto mayor or a fine
1. What is the basis in categorizing the gravity of
ranging from two hundred (P200.00) to five
a felony?
hundred (P500.00).
2. Differentiate crime mala in se and crime mala
 DUTY OF THE COURT IN CASES OF prohibita.
EXCESSIVE PENALTIES
3. What are the classifications of felony according
to its stages? Explain each.
 The court shall submit to the Chief Executive,
through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, CRIMINAL LAW BOOK 1 (CLJ3)
when a strict enforcement of the provisions of MODULE 3 CIRCUMSTANCES
the Code would result in the imposition of a
clearly excessive penalty, taking into AFFECTING
consideration the degree of malice and the
injury caused by the offense. (Art. 5, par. 2, CRIMINAL LIABILITY
RPC) Pre-module Questions
MALA IN SE AND MALA PROHIBITA Answer the following:
CRIMES MALA IN SE 1. Explain the word self-defense in your own
 Are crimes which are punishable by the understanding.
Revised Penal Code. While 2. What comes in your mind when you hear the
CRIMES MALA PROHIBITA word entrapment operation?

 Are those punishable by special laws enacted CIRCUMSTANCES AF ECTING CRIMINAL

for the orderly regulation of society. In crimes LIABILITY
mala in se, intent is essential. On the other  Under the RPC, there are five circumstances
hand, in crimes mala prohibita, intent is not affecting the criminal liability of an individual.
essential as long as the same are committed They are:
voluntarily.
MALA IN SE  Justifying (Art. 1 ),
 Exempting (Art. 12),
 Are crimes which are wrong from their nature,  Mitigating (Art. 13),
such as murder, theft, rape, etc. While  Aggravating (Art. 14), and
MALA PROHIBITA  Alternative Circumstances (Art. 15).

 Are wrong merely because they are prohibited

by statues, like Illegal Possession of Firearms JUSTIFYING CIRCUMSTANCES
or violation of the Omnibus Election Law.  A person who acts under any justifying
circumstances enumerated under Article 1 of
NOTE:
the RPC does not commit a crime under the
law.
THE FOLLOWING ARE JUSTIFYING 4. Retaliation is NOT a self-defense.
CIRCUMSTANCES :
5. The unlawful aggression must come from the
1. Self-defense person who was attacked by the accused.
2. Defense or relatives 6. No unlawful aggression when there is
agreement to fight.
3. Defense of stranger
7. Mere threatening attitude is not unlawful
4. Avoidance of greater evil or injury
aggression.
5. Fulfillment if duty or lawful exercise of right
8. The belief of the accused may be considered in
or office
determining the existence of unlawful aggression.
6. Obedience to an order issued for some lawful
 REASONABLE NECESSITY OF THE
purpose1.
MEANS EMPLOYED TO PREVENT OR
I . REQUISITES OF SELF – DEFENSE : REPEL IT :

UNLAWFUL AGGRESSION 1. NECESSITY OF THE COURSE OF

ACTION
 Article 429 of the Civil Code of the
Philippines provides that: "The owner or Ex. Someone attacked you with a knife, but you
lawful possessor of a thing has the right to were carrying a gun and shot him.
exclude any person from the enjoyment and
2. NECESSITY OF THE MEANS USED
disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to Ex: Someone attacked you with a knife, but you
repel or prevent an actual or threatened were carrying a gun and shot him.
unlawful physical invasion or usurpation of
 Lack of suf icient provocation on the part of
his property."
the person defending himself.
 An assault or at least a threatened assault of an
immediate and eminent kind. PROVOCATION
 An actual physical assault upon a person or at
 Action or speech held to be likely to prompt
least a threat to inflict injury.
physical retaliation.
UNLAWFUL AGGRESSION IS OF TWO
SUFFICIENT PROVOCATION
KINDS :
 Provocation must be proportionate to the act
(A) actual or material unlawful ag res ion; and
of aggression and adequate and adequate to
(B) im inent unlawful ag res ion. Actual or stir the aggressor toto its commission.
material unlawful aggression means an attack with
2. REQUISITES OF DEFENSE OF
physical force or with a weapon, an offensive act
RELATIVES
that positively determines the intent of the
aggressor to cause the injury. UNLAWFUL AGGRESSION
1. There must be actual physical force or actual  Reasonable necessity of the means employed
use of weapon. to prevent it; and
 The person defending acts in defense of the
2. Insulting words, no matter how objectionable,
person or rights of his –
without physical force, does not constitute
unlawful aggression. (1) Spouse;
3. A slap on the face on the face constitutes (2) Ascendants;
unlawful aggression.
(3) Descendants;
A. Legitimate, natural or adopted brothers or
sisters;
B. Relatives by affinity (except the spouse) in the
same degrees above like son- in-law, brother-in-
law, etc.; or
C. Relatives by consanguinity within the fourth
civil degree.
 In case the provocation was given by the
person attacked, that the one making the
defense had no fault therein.
3. REQUISITES OF DEFENSE OF
STRANGER :
 Unlawful aggression;
 Reasonable necessity of the means employed
to prevent or repel it; and
 That the person defending be not induced by
revenge, resentment or other evil motives.
4. REQUISITES OF AVOIDANCE OF
GREATER EVIL OR INJURY :
 The evil sought to be avoided actually exists;
 The injury feared be greater than that done to
avoid it; and
 There be no other practical and less harmful
means of preventing it.