Intro To Crim
Intro To Crim
“Thus CHED hereby adopts and promulgates these revised policies and
standards for the degree of BACHELOR OF SCIENCE IN CRIMINOLOGY
OPPORTUNITY
It refers to the situation or circumstances
which enables the person to commit a
crime
INSTRUMENTALITY/CAPABILITY/ABILITY
Is the means used in committing a crime
Crime
Formula
Accordingto Abrahamsen in his book entitled, “Crime
and Human Mind” in 1945, he explained the causes of
crime by this formula:
C=T+S
R
Where:
C- Crime (ACT)
T- Criminal Tendency (DESIRE/INTENT)
S- Total Situation (OPPORTUNITY)
R- Resistance to Temptation (CONTROL)
WHEN DOES CRIME EXIST?
• In the legal viewpoint, crime exists when the court has
proved the guilty.
• In the scientific point of view, crime exists when
it is reported. This is more realistic but not all reported
cases are with the sound basis of true happening,
some of them are also unfounded.
CRIMINALI
TY
behavior that is contrary
to or forbidden by
criminal law
The idea of criminality can be used
with respect to circumstance that
makes an act criminal.
It also refers to the number of
crimes that are committed in a
specific place and time and to the
action to commit crimes.
SOME DISTICTIONS
BETWEEN CRIME AND SIN
Crime is an act or omission against the
penal law of a state while Sin is an act or
omission against the spiritual or divine law.
FOUNDER:
Cesare Lombroso and his two students, Enrico Ferri and
Rafaele Garofalo
2. Material Felonies
Those that have various stages of execution (Homicide)
PLURALITY OF CRIMES
Consists in the successive execution by the same
individual of
different criminal acts upon any of which no conviction
has yet been declared.
COMPLEX CRIMES:
1.COMPOUND CRIME - When a single act results
in two or more grave or less grave
felonies
2.COMPLEX CRIME PROPER - When an
offense is a necessary means for
Special Complex/Composite Crimes
The substance is made up of more than one
crime but which in the eyes of the law is only a
single indivisible offense. All those acts done in
pursuance of the crime agreed upon are acts which
constitute a single crime.
CONTINUING CRIME
The term used in criminal procedure to denote that a
certain crime may be prosecuted and tried not only before
the court of the place where it was originally committed or
began, but also before the court of the place where the crime was
continued.
The term is used in criminal procedure when any of the
material ingredients of the crime was committed in different
6. According to the nature of the act:
Mala in se
An act, by its very nature, is inherently and morally
wrong; it should be done with criminal intent.
Malum prohibitum
An act is wrong only because there is a law punishing it.
It is enough that the prohibited act was voluntarily
committed and need not be committed with malice or
criminal intent to be punishable.
MALA IN SE v. MALA PROHIBITA
LEGAL CLASSIFICATION OF CRIMES
UNDER THE LAW, CRIMES ARE CLASSIFIED AS:
Crimes against National Security and the Law of Nations -
Example – Treason, Espionage, Piracy
Crimes against the Fundamental Law of the State.
Example – Arbitrary Detention, Violation of
Domicile Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’tat
Crimes against Public Interest.
Example – Forgery, Falsification,
Fraud
Crimes against Public Morals
Example – Gambling and betting, offences against decency
and good customs like scandals, obscenity, vagrancy, and
Crimes Committed by Public Officers
Example – Malfeasance and Misfeasance
Habitual Delinquent
Is a person who, with in a period of ten years from the date
of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, estafa, or falsification, is
found guilty of any of the said crimes or a third time oftener.
Recidivist
Is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another
crime embraced in the same title of the Revised Penal Code.
THE DELINQUENT PERSON
A delinquent person is one who repeatedly commits an
act that is against the norms or mores observed by the
society. When a person habitually commits an act that is
not in accordance with the rules or policies of a community
where he belongs, he is considered a delinquent.
DISTINCTION OF CRIMINAL AND DELINQUENT
A CRIMINAL is a person who has violated the penal law and
has been found guilty of crime charges upon observing of
the standard judicial procedure while DELINQUENT is a
person who merely committed an act not in conformity with
norms of society.
EXAMPLES OF DELINQUENCY:
1. waywardness of children
2. Street corner gang
3. Children out of parental control
4. school dropouts without justifiable reasons
MAS MURDER AND SERIAL
KILLING
Serial killer and mass murders are two
different violent killers. The former operates over
a long period and can be distinguished from mass
murders for the latter kill many victims in as single
violent outburst
Types of serial
killers
Thrill killers
(jack liven & james allan fox)
These killers strive for either sexual sadism or dominance. This is the
most common form of serial murderer
Mission killers
These killers want to reform the world or have a mission that derives
them to kill
Expedience killers
Killers who kill out for profit or want to protect themselves from a
perceived threat
TYPES OF SERIAL
KILLERS
These types are based on their motivations for carrying out their crimes.
Visionary
Believes that a person or entity is commanding him to kill. Most likely suffering from
psychosis.
Mission-oriented
Kills in order to “rid” society of a certain group.
Hedonistic
Commits his acts for his own personal pleasure. For example, rape, torture or
money.
(Lust, Thrill and Comfort)
Power/control
Fantasizes about having power and seeks to dominate and control his victims.
(https://thisinterestsme.com/types-serial-killers/)
Types of mass
(by jack liven & james allan fox)
murderers
Revenge killers
These killers seek to get even with individuals or society at large
Love killers
Motivated by warped sense of devotion. They are often despondent
people who commit suicide and take others, such as a wife and children
with them
Profit killers
Usually trying to cover-up a crime, eliminate witnesses, and carry
out a criminal conspiracy.
Terrorist killers
Killers who are trying to send message. Gang killings tell rivals to
watch out; cult killers may actually leave message behind to warn society
about impending doom.
CRIMINAL BEHAVIOR/
CRIMINAL ETIOLOGY
Criminal behavior may also refer to the
study of the human conduct focused on
the mental processes of the criminal: the
way he behaves or acts including his
activities and the causes and influences if
his criminal behavior.
TYPES OF EXPLANATION TO CRIMINAL
BEHAVIOR
1. SINGLE/UNITARY THEORY – contends that crime is
produced by
one factor. It may be biological, sociological, or psychological.
2.MULTIPLE FACTOR THEORY – views that crime is not a
product of a single cause or factor but a combination of
several factors.
3.ECLECTIC THEORY – That crime stemmed by one or
more factors while in other instances it is caused by
another set of factors.
4.INTEGRATED THEORY – A theory that
combines two ormore theories to generate a single
model or framework
FACTORS THAT ENHANCES THE DEVELOPMENT OF
CRIMINAL BEHAVIOR SUCH AS:
a. Criminal Demography – study of the relationship between
criminality and population.
b.Criminal Epidemiology – study of the relationship
between environment and the criminality.
c. Criminal Ecology – of criminalityin relation to
distribution in the community.
study spatial
d.Criminal Physical Anthropology – studyof criminality in
relation to physical constitution of
men.
e. Criminal Psychology – study of human behavior in relation
to criminality.
f. Criminal Psychiatry – study of human mind in relation to
criminality; and
g.Victimology – studyof the role of the victim
inthe commission of a crime.
WHY MUST MEMBERS OF SOCIETY INTERESTED
IN CRIME?
➢CRIME IS PERVASIVE – nearly all participants of a free
society are once upon a time a victim of an offender of a
criminal act. Criminal as an associate of society affects
almost all people regardless of age, sex, race, nationality,
religion, financial condition, education and other personal
circumstances.
➢CRIME IS EXPENSIVE – the government and private sector
use an enormous amount of currency for crime detection,
prosecution correction and prevention. Those expenses are
either:
DIRECT EXPENSE – those spent by government or
private sector for the maintenance or the police and security
guards for crime detection, prosecution and judiciary, support
of prison system
INDIRECT EXPENSE – those expense utilized to
prevent the commission of crimes like the construction of
➢CRIME IS DESTRUCTIVE – many lives have been
vanished because of crimes like murder, homicide
and other violent deaths. Properties have been lost or
devastated on account of robbery, theft and arson.
➢CRIME IS REFLECTIVE – crime rate or incidence in a
given locality is reflecting of the efficiency of the social
defenses employed by the people primarily that of the
police system.
➢CRIME IS PROGRESSIVE – the progressive upsurge
in the volume of crime is on account of the ever-
increasing population. The ever-increasing crime rate and
their technique show the progress thinking of the society
for advancement.
OTHER BASIC CAUSES OF CRIME
1. HATRED – Some individuals develop a violent hatred for one
reason of another. This hatred may ultimately result in some act of
violence.
2. PASSION – All persons are born with the same general desires and
passions. It is the manner in which they control these passions that
will determine whether or not they will resort to criminal activity or will
live a normal life.
3.PERSONAL GAIN – It is normal for a person to desire to improve his
life, and to work hard to a better if not abundant life for himself and his
family.
4. INSANITY – from among the members of the society, there are those
who are
born mentally abnormal, and are therefore, not governed by their own
freewill.
5. REVENGE – This literally means to retaliate.
LAW
It is rule of conduct
laws serve as guides of an individual in relation to his fellowmen
and to his community
It is just
it meansthat the law must be fair; treats every person the
same and based on the values and ethics held by the majority of
society
It is obligatory
it means that the law must be enforced, if not the purpose of
its creation will not be served
It is prescribed by legitimate authority
it means that the law was made by persons who are given the
power to make it.
It is ordained for the common benefit
laws should be made for the protection, common good and
benefit of the people. “SALUS POPULI EST SUPREMA LEX” –
PROREO DOCTRINE
“The doctrine of pro reo advocates that penal laws
and laws penal in nature are construed and applied in
a way lenient or liberal/in favor to the offender,
consonant to and consistent with the constitutional
guarantee that an accused shall be presumed innocent
until his guilt is established beyond reasonable doubt
CRIMINAL LAW
A branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
Exceptions:
a.Treaty Stipulation RP-US Visiting Forces Accord,
the Military Bases Agreement between the Republic of
the Philippines and the United States of America)
DEFINITION OF JUSTICE?
Justice is the act of rendering what are due and
treating persons equally.
Restorative
justice
Restorative justice is an approach to justice where one of the
responses to a crime is to organize a meeting between the victim and
the offender, sometimes with representatives of the wider community.
The goal is for them to share their experience of what happened, to
discuss who was harmed by the crime and how, and to create a
consensus for what the offender can do to repair the harm from the
offense. This may include a payment of money given from the offender
to the victim, apologies and other amends, and other actions to
compensate those affected and to prevent the offender from causing
future harm.
Main objective is to restore the lost relationship between the
offender and the victim with the help and participation of community.
WHAT ARE THE MAJOR COMPONENTS OF
THE CJS?
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE
SYSTEM
LAW ENFORCEMENT
PROSECUTION
COURTS
CORRECTIONS
COMMUNITY
This Act shall be known as "The Philippine Criminology Profession Act of 2018".
Criminology refers to the scientific study of crimes, criminals, and victims and
criminal behavior. It also deals with the prevention, and solution of crimes.
(sec. 4 IRR)
Registered criminologist refers to a natural person who holds a valid certificate
of registration and an updated professional identification card as criminologist issued
by the Board and the Commission pursuant to this Act.
A total 192 lawmakers voted to approve
House Bill (HB) 7191 or the “Philippine
Criminology Profession Act” authored by Reps.
Gary Alejano and
Maximo Rodriguez, Jr.
IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO.
11131, OTHERWISE KNOWN AS "AN ACT
REGULATING THE PRACTICE OF
CRIMINOLOGY PROFESSION IN THE
PHILIPPINES, AND APPROPRIATING
FUNDS THEREFOR, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 6506,
OTHERWISE KNOWN AS AN ACT
CREATING THE BOARD OF EXAMINERS
FOR CRIMINOLOGISTS IN THE
PHILIPPINES"
RULE I
TITLE, STATEMENT OF POLICY, OBJECTIVES,
DEFINITION OF TERMS AND SCOPE OF PRACTICE
SECTION 1. Title. —This Resolution shall be known as the
Implementing Rules and Regulations (IRR) of Republic Act No.
11131 entitled "The Philippine Criminology Profession Act of 2018".
SECTION 2. Statement of Policy. — The State recognizes the
importance of criminology profession in national security, public
safety, peace and order, and in nation-building and development.
Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded criminologists whose standards of
professional practice and service shall be excellent, qualitative,
world-class and globally competitive through sacred, honest,
effective and credible licensure examinations, coupled with
programs and activities that would promote professional growth
and development. This IRR of RA No. 11131 shall be interpreted,
construed and carried out in the light of the Statement of Policy
enshrined in Section 2, Article I of RA No. 11131.
SECTION 3. Objectives. — This
Act shall govern:
(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of criminology;
(c)The participation in the standardization of
thecriminology education program;
(d)The development of the
professional competence of criminologists
through Continuing Professional Development (CPD); and
e) The integration of all criminology professional groups and membership
of all registered criminologists to the accredited professional organization.
SECTION 4. Definition of Terms. — As used
in this IRR, the following terms shall be
defined as follows:
(a)AIPO refers to the one and only recognized and
accredited integrated national organization of criminologists, as
endorsed by the Professional Regulatory Board subject to
the approval of the Professional Regulation Commission
(PRC). For purposes of implementing RA No. 11131, AIPO
shall be referred to as the Accredited Integrated Professional
Organization (AIPO) for the criminology profession;
(b)Board refers to the Professional Regulatory Board of
Criminology created hereunder;
(c)Certificate of Registration refers to the document issued
by the Commission, through the Board, signifying that the
person named therein is entitled to practice the criminology
profession with all the privileges appurtenant thereto;
(d)CHED refers to the Commission on Higher Education
(CHED) created under RA No. 7722, otherwise
known as "Higher Education Act of 1994";
(e)Code of Ethics refers to the set of moral and ethical
principles that all registered Criminologists must abide
by as they practice the profession.
(f)Code of Good Governance for the Practice of
Criminology refers to the formal outlines of the mission,
vision, and ideals of Filipino criminologists. It also
governs the criminologists' conduct towards the state,
the public, the profession and fellow professionals.
(g)Commission refers to Professional Regulation
Commission created under Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of
2000";
(h)Continuing Professional Development (CPD) refers to
the attainment of advanced knowledge, skills and ethical
values in a post-licensure specialization or in an inter-or
multidisciplinary field of study, for assimilation into
professional practice, self- directed research and/or
lifelong learning.
(i)Criminology refers to the scientific study of
crimes, criminals, victims and criminal behavior. It also
deals with the prevention, and solution of crimes;
(j) Foreign Reciprocity refers to Sections 14 (a) and 29 of
this IRR which provide that only nationals of foreign
countries in which the requirements for the licensure
examination and/or registration and practice of
criminology are substantially the same as those required
and contemplated by the Philippine laws and regulations,
and which laws and regulations allow Philippine citizens to
practice criminology within the territory of such foreign
countries on the same basis and grant the same privileges
as those enjoyed by their citizens, subjects or nationals
shall be allowed to take the Philippine Criminologists
licensure examination and be given CORs and PICs
pursuant to R. A. No. 11131;
(k) Law Enforcement refers to the component of
internal or homeland security of the Philippines
charged with the mandate to enforce, investigate, and
participate as important agents in the prosecution of
violations of criminal local laws, including international
laws duly adopted as part of the law of the land under
the Constitution.
(I) National Security refers to the dynamics and interplay
of the political, economic, socio-cultural,
techno-scientific, environmental, and military to attain
and maintain a condition where the sovereignty of the
nation, the territorial integrity of the state, the
government and its instrumentalities, and the welfare
of the people are secured, advanced, nurtured, and
protected.
(m) Profession refers to the art and science in the
practice of
(n)Professional Identification Card refers to the document
bearing the registration number, dates of issuance and expiry,
duly signed by the Commission Chairperson;
(o)Professional or Component Subjects on Criminology refer to
the component subjects per area as provided under Section
15 of this IRR and subject to the conditions as may be
provided therefor or by the Board.
(p)Public Safety refers to the protection of the
homeland which includes law enforcement and policing,
criminal justice system, protection and safeguard of lives and
properties, customs and immigration, maritime sea and
border protection, health, environment and ecosystem, public
safety and civil defense.
(q)Quasi-police Functions refers to activities of law
enforcement agencies and its agents which does not directly
involve enforcement or investigation of violations of criminal laws.
This is also referred to as order maintenance or community
(r)Registered criminologist refers to a natural person who
holds a valid Certificate of Registration (COR) and an
updated Professional Identification Card (PIC) as criminologist
issued by the Board and the Commission pursuant to RA No.
11131.
(s) Report of Rating refers to the document stating the
rating
obtained by the examinee in the licensure examination;
(t)Tables of Specification (TOS) refers to the list of outcomes-
based competencies which the licensure examination
measures and assesses; and
(u)Temporary/Special Permit refers to privilege granted
to registered Criminologists from other countries and for
Filipinos in allied discipline as mentioned in Section 30 of
this IRR to be able to practice in the Philippines;
SECTION 5. Scope of Practice. — The practice of
criminology shall include, but shall not be limited to, acts
or activities performed:
(a) In line with the practice of profession or occupation as a law
enforcement administrator, executive, adviser, consultant, officer,
investigator, agent or employee in any private or government agencies
performing law enforcement and quasi- police functions at the Philippine
National Police (PNP), the National Bureau of Investigation (NBI), the
Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial
Jail, the Bureau of Corrections (BUCOR), the Probation and Parole
Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of
Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government
and private banks, the Philippine Postal Corporation (PPC), the Sea and
Air Marshalls, the VIP Security, Airport and Seaport Police, the National
Intelligence Coordinating Agency (NICA), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), and agencies of the
government exercising similarly related functions in the field of national
(b)In line with the practice of teaching profession
such as those performed by a professor, instructor or
teacher in any university, college or school duly
recognized by the government on any of the following
professional and component subjects of the criminology
program:
(1)Criminal Jurisprudence and Procedure;
(2)Criminalistics;
(3)Law Enforcement Administration;
(4)Crime Detection and Investigation;
(5)Correctional Administration; and
(6)Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology
curriculum provided by the CHED;
(c)As a technician, examiner/criminalist, or specialist in
dactyloscopy, questioned document, deoxyribonucleic acid (DNA),
lie detection, firearms identification, forensic photography, forensic
chemistry, other scientific crime detection and investigation or
forensic science;
(d)As a correctional administrator, executive, supervisor, or
officer in any rehabilitation, correctional, and penal institution
or facility, and in any communitybased corrections, and
rehabilitation agencies and/or programs;
(e)As a counselor, consultant, adviser or researcher in any
government or private agency on any aspect of criminological
research or project involving the causes of crime, children in
conflict with the law, treatment and correction of persons
deprived of liberty (PDL), police operation, law enforcement
administration, scientific criminal investigation or public safety
and national security administration; and
RULE II
PROFESSIONAL REGULATORY BOARD FOR
CRIMINOLOGISTS
SECTION 6. Creation and Composition of the Professional
Regulatory Board for Criminologists. — There is hereby
created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative
supervision and control of the Commission, to be
composed of a chairperson and four
(4) members appointed by the President of the Philippines
from a list of three (3) recommendees for each position,
chosen and ranked by the Commission from a list of
three (3) nominees for every position endorsed by the
AIPO. The new Board shall be organized not later than
six (6) months from the effectivity of RA No. 11131.
PROFESSIONAL REGULATORY
BOARD FOR
CRIMINOLOGISTS
- a collegial body under the administrative supervision and
control of the Commission (PRC)
Section 6. Creation, and Composition of the Professional Regulatory Board
for
Criminologists.
o CHAIRMAN/CHAIRPERSON - ATTY. RAMIL G. GABAO
o four (4) members
1. GEORGE O. FERNANDEZ
2. WARREN M. CORPUZ
3. LANI T. PALMONES
4. (VACANT)
3 to 6 years term of office
appointed by the President of the Philippines from a list of three (3)
recommendees for each position, chosen and ranked by the Commission from a
list of three (3) nominees for every position endorsed by the AIPO ( accredited
international professional organization)
SECTION 7. Qualification of the Chairperson and Members
of the Board. — The chairperson and each member shall,
at the time of their appointment, possess all these
qualifications:
(a)Must be a natural-born Filipino citizen and a resident of
the Philippines;
(b)Must be of good moral character, good reputation and of
sound mind and body;
(c)Not convicted by a court of competent jurisdiction of
any offense involving moral turpitude;
(d)Must be a graduate of Bachelor of Science in Criminology,
and a holder of a Post Graduate Degree in Criminology from any
reputable school recognized by the CHED or a criminologist-
lawyer in good standing before the Supreme Court and the
Integrated Bar of the Philippines (IBP);
(e)Must be a registered criminologist with a valid
certificate of registration and a valid professional identification
card, having at least ten (10) years of practice in the profession
prior to the appointment including no less than two (2)
years teaching experience of criminology or law subjects in
full-time or part-time capacity in any college of criminology,
college of law or law enforcement training institutions
recognized by relevant government agency;
(f)Must be a member in good standing of the AIPO but not an
officer or trustee thereof; and
(g)Must not be a member of the faculty of any school, college
or university where a regular class or review course in criminology
is offered, nor a member of the staff of reviewers in a review
school or center for criminologists, and must not have any
direct or indirect pecuniary interest in any such institution.
SECTION 8. Term of Office. — The chairperson and members of
the Board shall hold office for a term of three (3) years from the
date of appointment or until their successors shall have been
qualified and appointed. They may be reappointed to the same
office for another term of three (3) years immediately after the
expiry of their term: Provided, That the holding of such position
shall not be more than two (2) terms nor more than six (6) years,
whichever is longer: Provided, further, That the first Board under
this Act shall hold these terms of office: the chairperson for
three (3) years, the first two (2) members for two (2) years, and
the second (2) members for one (1) year: Provided, finally, That
any appointee to a vacancy with an unexpired period shall only
serve such period. The chairperson and the members shall duly
take their oath of office.
Section 10. Powers,
Functions, Duties and
Responsibilities of the Board.
The Board shall exercise executive,
administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act.
It shall be vested with the following specific
powers, functions, duties and responsibilities:
(a)To administer, supervise, and monitor the conduct of the
licensure examination, registration, membership in the APO and the
practice of criminology in accordance with the provisions of this Act;
(b)To receive complaints and decide the matter as to the
malpractices and unethical conduct in the practice of the criminology
profession;
(c)To promulgate and issue rules and regulations implementing
the provisions of this Act;
(d)To promulgate and adopt Code of Ethics and Code of Good
Governance for the practice of criminology;
(e) To adopt an official seal of the Board;
(f)To prescribe and promulgate guidelines on the conduct of a
CPD program for criminologists in consultation with the APO;
(g)To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the academe,
and the CHED Technical Panel for Criminology, prepare questions for the licensure
examination which shall strictly be within the scope of the syllabi of the subjects for
examination, as well as administer and correct, and release the results of the licensure
examinations;
(h)To issue, suspend, revoke or reinstate the certificate of registration of
the registered criminologist or cancel temporary/special permit granted to
foreign criminologist;
(i)To administer oaths in the performance of its functions such as, but not limited
to, the oath of a professional to successful examinees in licensure examination for
criminologist together with the APO in an appropriate mass oath-taking ceremony to
be held for the purpose;
(j)To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement of the
profession and the maintenance of high professional, ethical an^ technical standards;
for this purpose, the members of the Board, duly authorized by the Commission, may
conduct ocular inspection of establishments where criminology is practiced, and
recommend sanction as it may deem proper to the appropriate government agency
concerned;
(k)To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l)To hear and investigate cases on violations of this Act, its implementing rules
and regulations (IRR), the Code of Ethics, the Code of Good Governance and other
policies, and for this purpose, to issue summons, subpoena ad testificandum and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations and the production of documents in
connection therewith:
(m)To delegate to the Commission the hearing or investigation of cases against
the alleged violators: Provided, That the hearing or investigation of cases wherein the
issue or question involved strictly concerns the technical practice of criminology shall
be presided over by at least one (1) member of the Board assisted by a Legal or
Hearing Officer of the Commission;
(n)To recommend to the Commission the endorsement of cases involving
criminal violations of this Act, its IRR, and other laws to the Prosecution Office or
appropriate government agency, for investigation and appropriate action;
(o)To disqualify applicants for the licensure examination who has been previously
convicted of a crime with finality involving moral turpitude. Hear and decide administrative
cases against the examinees or registered criminologists if they have been convicted of a
crime involving moral turpitude: Provided, That if they are found guilty, the Board shall
cancel their examination papers and/or preclude them from taking another licensure
examination, or to revoke/suspend their certificates of registration and cause the surrender
of their professional identification card subject to the rules and regulations of the PRC:
Provided, further, That the decision of the Board shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment or
decision;
(p)To conduct, through the Legal or Hearing Officers, summary proceedings against
the examinees who commit violations of this Act, its IRR, any of the Codes
aforementioned, including violation of the General Instructions to Examinees, and to
render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment or
decision;
(q)To prepare an annual report of accomplishments on programs, projects and activities
of the Board for submission to the Commission after the close of each calendar year and
make appropriate recommendations to the Commission on issues or problems affecting the
criminology profession; and
(r)To exercise such other powers as may be provided by law as well as those which may
be implied from, or which are incidental or necessary to the effective carrying out of the
express powers granted to the Board to achieve the objectives and purposes of this Act. The
resolutions, rules and regulations and other policies issued and promulgated by the Board
Section 11. Grounds for Removal
or Suspension of Board
Chairperson/Member
The President of the Philippines, upon the
recommendation of the Commission, after due process
and administrative investigation conducted by the
Commission, may remove or suspend the Chairperson
or member of the Board on any of the following
grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;
(b)Commission of any of the causes/grounds and the prohibited acts
provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft
and Corrupt Practices Act, and other laws;
(c)Manipulation or rigging of the results in the licensure examination for
criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades;
and
(d)Conviction with final judgment of any crime involving moral turpitude.
The Commission, in the conduct of the investigation, shall be guided by Section
7(s) of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.
Section 22. Revocation or
Suspension of the Certificate of
Registration and Cancellation of
Temporary/Special Permit
The Board shall have the power, upon notice and hearing,
to revoke or suspend the certificate of registration of a
registered criminologist or to cancel a temporary/special
permit granted to foreign criminologist for the
commission of any of the following acts:
(a)Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of
Good Governance, or policy of the Board and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c)Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/special permit;
(d)Gross incompetence, negligence or ignorance resulting to death or injury of a
person, or damage to property;
(e)Nonrenewal of the professional identification card for a period of six (6) years with
the PRC without justifiable cause;
(f)Aiding or abetting the illegal practice of a non-registered criminologist by allowing the
use of one's certificate of registration and/or professional identification card or
temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession or a
declaration by a court of competent jurisdiction that the registrant is of unsound mind; and
(i)Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add new ones as
the need arises subject to approval by the Commission.
RULE III
EXAMINATION, REGISTRATION,
CERTIFICATION AND
LICENSURE
SECTION 13. Passing of Licensure Examination
Requirements. - Except as otherwise specifically allowed
under RA No. 11131, applicants for registration for the
practice of criminology shall be required to pass a
licensure examination in such places and dates as the
Commission may designate through a Resolution on the
Master Schedules for all Licensure Examinations in
accordance with Section 7(d) of RA No. 8981.
SECTION 14. Qualification of an Applicant for
the Licensure Examination. — An applicant
for the licensure examination for
criminologist shall satisfactorily prove that
one possesses the following qualifications:
(a)Must be a citizen of the Republic of the Philippines
or a foreign citizen whose country/state has reciprocity
with the Philippines in the practice of criminology;
(b)Must be of good moral character, good reputation
and of sound mind and body certified by the school
where he/she graduated and the barangay where
he/she lives, unless the examinee is a foreign
national a certification from any professional
criminologist of good standing will do;
(c)Must hold a bachelor's degree in criminology duly
accredited by the CHED and conferred by a
school/college/university duly authorized by the government or
its equivalent programs as approved by the PRB obtained by
either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly
recognized and/or accredited by the CHED;
(d)Must not have been convicted of an offense involving
moral turpitude by a court of competent jurisdiction; and
(e)Those who failed five (5) times whether consecutive
or cumulative in the criminologist licensure examination, must
present a certification issued by a reputable institution duly
recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.
Subject to Section 29 on Foreign Reciprocity, foreign
nationals applying to take the Criminologist Licensure
Examination shall submit the following documentary
requirements:
• Any examinee who failed three (3) or more board subjects shall be deemed to
have failed the board examination.
2 KINDS OF FAILED
EXAMINATION
1.Failed to obtain an average grade of 75% and
2. Obtaining failed grades in the three (3) or
more subjects of the exams
RULE IV
PRACTICE OF CRIMINOLOGY
SECTION 27. Lawful Practitioners of Criminology. — The
following persons shall be authorized to practice the
criminology profession:
(a) Natural persons;
(1) Duly registered criminologists and holders of valid
certificates of registration and valid professional
identification cards issued by the Board and the
Commission pursuant to RA No. 11131.
(b) Juridical persons;
(1)Single proprietorship whose owner and technical staff are
registered criminologists;
(2)Partnership duly registered with the Securities and
Exchange Commission (SEC) as professional partnership
pursuant to the Civil Code and composed of partners
majority of whom are registered criminologists;
(3)Corporation duly registered with the SEC as engaged in
the practice of criminology and with officers and Board of
Directors whom are all registered criminologists; and
(4)Association and cooperative duly registered with the
appropriate government agency as a non-stock corporation
where majority of the officers, Board of Trustees and
members are registered criminologists. These juridical persons
shall also be registered with the Board and the Commission in
accordance with the rules and regulations thereon. The Board
shall issue a separate guideline to implement this provision.
SECTION 30. Practice Through
Temporary/Special Permit.
Temporary/Special permit may be issued by the Board
subject to the approval by the Commission and payment
of fees the latter has prescribed and charged thereof to
the following:
(a) Registered criminologists from foreign
countries/states
whose services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or
experts in any branch, specialty or allied field of
criminology; and
(2) If their services are urgently and importantly required for lack
or inadequacy of available local specialists or experts; or for
the promotion or advancement of the practice of
criminology through transfer of technology;
(b)Registered criminologists from foreign
countries/states whose services shall be free and limited to
indigent clients or for research purposes; and
(c)Registered criminologists from foreign countries/states
employed as exchange professors in a branch, specialty
or allied field of criminology, in schools, colleges or
universities offering the course of criminology.
(d)Filipino professionals in allied disciplines who intend to
teach in PHEI offering criminology program and in review
centers for criminology licensure examination subject to the
conditions as stated in section 16 of this IRR.
The permit shall, among other things, contain the following
limitations and conditions:
(1)its validity must be for a period coterminous with the
contract or engagement but not exceeding one (1) year subject to
renewal;
(2)the branch or specialty of criminology; and
(3)specific place of practice such as national security, public
safety, law enforcement agencies, center, school, college or
university offering the program or review of criminology.
The Board, subject to the approval of the Commission, shall
promulgate rules and regulations on the implementation of
this particular section.
SECTION 37. Penal Clause.
A fine of not less than One hundred thousand pesos
(P100,000.00) nor more than Five hundred thousand
pesos (P500,000.00), or imprisonment for not less than
two (2) years and one (1) day or more than six (6) years,
or both, at the discretion of the court shall be imposed
upon any person who shall commit any of the following
acts:
(a) Practicing criminology as stated in Section 5 of RA 11131
without valid COR and a valid PIC or a valid temporary/special
permit;
(b) Attempting to use the seal, COR and PIC of a
criminologist registered
criminologist; or temporary/special permit issued to a
(c)Abetting the foreign
illegal practice of criminology by an
unregistered or unauthorized person;
(d)Securing through false information or fraudulent
means certificate of registration and professional identification
card or temporary/special permit;
(e)Impersonating a registered criminologist or a holder
of a temporary/special permit; and
(f)Violating any provision of RA No. 11131 or this IRR.
Where the violator is a juridical person, the Board of
Directors and other responsible officers of the corporation shall
be held liable.
CRIME STATISTICS
- It refers to the measure of the level or amount of crimes.
-The collection or study of numerical data of crimes
recorded/reported to the police.
-It uses the termsindex crimesand non-index crimes
in classifying crimes.
Index crimes are crimes which are sufficiently
significant and which occur with sufficient regularity to be
meaningful such as murder, homicide, physical injury,
robbery, theft and rape.
Non-index crimes are crimes that are not classified as
index crimes. Violations of special laws and other crimes
against moral and order. These crimes are generated from
the result of positive police- initiated operations.
STATISTICAL FORMULA:
1. Crime Solution Efficiency (CSE) – percentage of solved cases out of
the total number of reported crime incidents handled by the police for
a given period of time. It is a general measure of law enforcement
agency’s investigative capability or efficiency
2. Crime Rate – the number of incidents in a given period of time for
every 100,000 inhabitants of an area/place.
Average Monthly Crime Rate (AMCR) – the average number of crime
incidents occurred per month for every 100, 000 inhabitants in a
certain area.
4. Variance (or % change) – one way of analyzing crime trends. It
measures the percentage change over a given period of time.
Crime Analysis
a. Percentage Share of Crime Volume of a Certain Area
Percentage Share of the Occurrence of a Type of Crime