Dictionary of terms in criminology

Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an excessive period.

Acquittal - a verdict after a trial that a defendantin a criminal case has not been proven guilty beyondreasonable doubt of the crime charged.

Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a right.

Actus reus - proof that a criminal act has occurred.

Adjudicated - settled in a court of law.

Adjudicated father - man determined by the court to be the father usually through a court action and genetic testing.

Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a court or administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts, description of evidence packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for consistency with laboratory policies, editorial correctness and compliance with the submission request.

Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.

Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is not the adoptive parents or natural offspring.

Adversary system - trial methods in which opposing parties are given full opportunity to present and establish their evidence and to test by cross-examination the evidence presented by their adversaries under established rules of procedures before an impartial judge.

Affidavit - a sworn statement by a witness.

Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.

Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid and will stand as rendered in the lower court.

Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the court on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence, arguments or authority to protect one's interest.

Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to a higher court to change the decision of a trial court, usually appeals are made and decided on questions of law only.Issues of fact are left to the trial judge discretion.

Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to

hear the charges filed against him or her and to enter a plea of guilty or not guilty.

Arrest - process of taking a person into custody.

Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attest - to bear witness; to affirm as true or genuine.

Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.

Bail - money or security given to secure a person's release from custody which is at risk should he/shesubsequently fail to appear before the court.

Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by not properly appearing for trial.

Bailiff - a court attendant who keeps order in the court room.

Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from the space occupied by the judge's, lawyer's, and other participants in a trial.

Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged and extensive abuse from their spouses.

Beyond reasonable doubt - the standard in a criminalcase requiring that court be satisfied to a moral certainty that every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind of the ordinary person.

Bill of Particulars - a statement used to inform thedefense of the specific occurrences intended to be investigated in trial and to limit the course of evidence to the particular scope of the inquiry.An amplification of the pleading.

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arrest.

Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Brutalization - the proposition that the use of capital punishment actually increases the crime rateby sending a message that it is acceptable to kill those who have wronged us.Capital crime - a crime punishable by death.

Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from statutory law.

Case records - all notes, reports, custody, records,charts, analytical data, and correspondence generated pertaining to a particular case.

Caveat - a warning; a note of caution.

Certification - procedure by which a certifying bodyformally recognizes that a body or person complies with given qualifications.

Chambers - a judge's private office.

Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or mental health or welfare.

Child neglect - failure of a parent or other person legally responsible for a child's welfare to providefor the child's basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention , or supervision.Child neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidence in a case for which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from which another fact can be reasonably inferred.

Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is involuntarily committed to a psychiatric hospital.

Closing argument - also known as final argument, attorney's final statement to the court summing up the case and the points points proven as well as those points not proven by opposing counsel.

Common law - body of law based on judicial decisions(precedents or customs and usage) generally derived from justice, reason and common sense rather than legislative enactments.

Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath; personal qualification of the witness togive testimony which differs from the witness ability to tell the truth.

Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the plaintiff.

Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follows the precedent set by that court's decision.

Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one after the other.

Confession - an oral or written statement acknowledging guilt.

Consent search - exception to the requirement for a search warrant; written or oral permission is required from a person with authority to give it.

Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to commit a lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.

Continuance - court order that postpones legal action, such as a court hearing until later time.

Conviction - a judgment of guilt against a criminal defendant.

Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that eachelement of the crime be satisfied 2. that someone isresponsible for inflicting the injury or loss sustained. - Body of the crime.

Court martial - military tribunal that has

jurisdiction over offenses against laws of the service in which the member is engaged.Military status is not sufficient,the crime must be service connected.

Court order - directive issued by the court, and is enforceable as law; written command or directive given by the judge.

Court of Appeals - a court that hears an appeal after a trial court has made a judgment.

Criminal prosecution - process that begins with the filing of charges against a person who has allegedlyviolated criminal law and includes the arraignment and trial of the defendant.Criminal prosecution may result in fine, restitution, imprisonment, or probation.

Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine who has the rightDamages - money awarded by a court to a person injured by the unlawful act or negligence of anotherperson.

Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by many jurisdictions.Five factorsare utilized to assess the scientific theory or technique testing of theory, use of standards and control, peer review, error rate, and acceptability in the relevant scientific community.

Decision - the judgment reached or given by a court of law.

Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's action.

Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deposition - oral or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to meaningfully premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguishedfrom circumstantial or indirect evidence.Informationoffered by witnesses who testify about their own knowledge of the facts.

Direct examination - the first questioning of witnesses by the party in whose behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the topic in a forthright manner.

Discovery - a pre-trial procedure by which one partycan obtain vital facts and information material to the case to assist in preparation for the trial.The purpose of discovery is to make for a fair trial andto allow each party to know what document and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion may take place before the trial or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.

Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called ante-Morten statement.Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyond a reasonable doubt in order to obtain aconviction.

Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise contemplated for the purpose of prosecuting him/her.

Evidentiary standards - guidelines used in examiningevidence to determine whether it has been legally collected and whether it is factual and legally proves or is relevant to the case being heard.

Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible in a trial.

Exigent circumstances - exception to the requirementfor a search warrant when there is no time to get a warrant and failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the suspect.

Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts, science, profession, or technical area.Expertseducate the court by assisting it in understanding the evidence or in determining an issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a court action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime in the other state.Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in apenitentiary for more than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another of property ora legal right or to otherwise do them harm.

Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923in the U.S in Frye vs. the United states.The standards in general define when a new scientific test should be admissible as evidence in the court

system.

Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepted explanatory theory.Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due process rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-examine a witness, the right to remain silent, and the right to subpoena witnesses in defense.Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus isa legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her detention.

Hearing - judicial or legal examination of the issues of law and fact between the parties.

Hearsay - a statement made during a trial or hearingthat is not based on the personal, first hand knowledge of the witness.Statement made out of courtand offered in court to support the truth of the facts asserted in the statement.

Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge unless it falls within certain exceptions.

Holographic document - any document completely written and signed by one person.A holographic may be probated without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidence.

Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard.

Incompetency - lacking the physical, intellectual,ormoral capacity or qualification to perform a required duty.

Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or or other authorizedagency after the prisoner has served the minimum term.

Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered infractions.

Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A preliminary injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of their respective clients relevant to the case. Judgement - the final disposition of a case.

Judgement,default - default judgment is rendered

because of the defendant's failure to answer or appear.

Judgement,summary - summary judgment is given on thebasis of pleadings, affidavits, and exhibits presented for the record without any need for a trial.It is used when there is no dispute as to the facts of the case and one party is entitled to judgement as a matter of law.

Judicial review - authority of a court to review theofficial actions of other branches of government, also the authority to declare unconstitutional the actions of other branches.

Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority of a particular court to hear and determine cases.

Justice - fairness, providing outcomes to each party in line with what they deserve.

Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children under 18 years of age.

Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one's own witness leading questions, leadingquestions may be ask only of hostile witnesses and on cross-examination.

Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or interferes with the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or official position.

Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short period of time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedurethat forewarns suspects of their right to remain silent when in police custody.Violation of this right makes the suspect's confession inadmissible inevidence.

Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally punishable by fine or a limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessensthe degree of guilt in a criminal offense and thus the nature of the punishment.

M'naghten rule - the test applied for the defense ofinsanity.Under this test, an accused is not criminally responsible if suffering from a mental disease or defect at the time of committing the act and not understanding the nature and quality of the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yetactually arisen or has already passed.

Motion - an application for a rule or order, made toa court or judge.An application to the court requesting an order or a rule in favor of the applicant.

Objection - the process by which one party takes exception to some statement or procedure.An objection is either sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the question.If the judge sustainthe objection, the witness may not answer the question.

Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.

Opening statements - not part of the evidence, theseorations made by the lawyers on each side gives an overview of the evidence that will be presented during the trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should not beexecuted.

Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court Pardon - a form of executive clemency removing or extinguishing criminal convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in question.

Plain view - an exception to the requirement for a search warrant,when there is an evidence of a crime in plain view by a person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or sheis guilty or not guilty.The defendant's answer to the charges made in the information.

Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutuallysatisfactory disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that of the other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or action to be established in the action.

Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.

Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or a chain of facts making upa party's claim or defense.If such evidence is unexplained or uncontradicted, it is sufficient to obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify the issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has been committed or that the person committed the crime.

Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of preventing an assault or othercrimes against him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person accused of crime.

Putative father - a man accused but not proven to bethe biological father of an offspring.Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)Rape - sexual intercourse between a man and a woman without the women's consent.

Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained bya reasonable or prudent person.Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for stopping and frisking aperson.A mere hunch is not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.

Recess - an adjournment of a trial or a hearing thatis temporary and occurs after the commencement of the trial.If there is going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or results achieved.

Recross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.

Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.

Release on recognizance - a court order releasing a

defendant from custody on the defendant's written promise to appear in court when the defendant's caseis scheduled for hearing, trial or other proceeding.A defendant who is released on recognizance is not required to deposit money or other property with the court in order to be released.

Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what was said or done in the first moments of an investigation.

Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate presence and against his will by means of force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.Search and seizure - the body of law that covers theissue of examining a persons property with the intention of finding evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizure)

Sentence - a court's determination of the punishmentto be inflicted on a person convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay restitution, or granted a conditional release from custody.

Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the testimony of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence must be analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do so.

Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court based on written documentation submitted before any trials occur.

Summons - a notice to the defendant that he/she has been sued and is required to appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should not be admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.

Testimony - evidence given by a witness under oath. does not include evidence from documents and other physical evidence.

Trial - judicial examination and determination of issues of law and fact disputed by parties to

lawsuit.

Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that the particular requirements for a specific intended use are fulfilled.

Venue - synonymous with the place of trial. Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen,heard, or otherwise experienced.

Writ - a mandatory precept issued by an authority inthe name of the sovereign or the state for the purpose of compelling a person to do something.

POLICE ETHICSPNP Philosophy

1. Service 2. Honor 3. Justice

PNP Core Values 1. Makadios (God-Fearing) 2. Makabayan (Nationalistic) 3. Makatao (Humane)

Ethical Acts to be Observed by PNP members 1. Morality 2. Judicious use of authority 3. Integrity 4. Justice 5. Humility 6. Orderliness 7. Perseverance

Definition of Terms

Customs - established usage or social practices carried on by tradition that have obtained the force of law.

Traditions - bodies of belief, stories, customs and usages handed down from generation to generation with the effect of anunwritten law.

Courtesy - a manifestation of expression of consideration and respect for others.

Ceremony - a formal act or set of formal actsestablished by customs or authority as properto special occasion.

Social Decorum - a set of norms and standard practiced by the members during social activities and other functions.

Police Community Relation - generally refers to the sum total of attitudes and behavior between police and the communities they serve.

Public Relations - a collection of communication techniques used byindividuals or organizations to convince an audience about the merits of an idea, organization, program, practice or policy.

Community Service - refers to the activities wherebypolice engage in pro-social activities to enhance the well being of the community beyond law enforcement and other maintenance.

Community Participation - involves members of the community taking an active role in trying to genuinely help the police.Police Traditions 1. Spiritual beliefs 2. Valor3. Patriotism4. Discipline5. Gentlemanliness6. Word of Honor7. Duty8. Loyalty9. Camaraderie

Spiritual Beliefs - can refer to an ultimate or an alleged immaterial reality, an inner path enabling aperson to discover the essence of his/her being or the deepest values and meanings by which people live.

Valor - great courage in the face of danger. Strength of mind or spirit that enables a person to encounter danger with firmness.

Patriotism - love of country and willingness to sacrifice for it.

Discipline - the practice of training people to obeyrules or a code of behavior using punishment to correct disobedience.

Gentlemanliness - characteristic of or having the character of agentleman. A man whose conduct conforms to a high standard of propriety or correct behavior.

Word of Honor - a verbal commitment by one person toanother agreeing to do or not to do something in thefuture.

Duty - a task or action that someone is required to perform.

Loyalty - a strong feeling of support or allegiance.Is faithfulness or a devotion to a person, country, group or cause.

Camaraderie - mutual trust and friendship among people who spend a lot of time together. Goodwill and lighthearted rapport between or among friends.

Human behavior and crisis management

Crises Management - is the process by which an organization deals with a major event that threatens to harm the organization or the general public.

Crises - is any event that is expected to lead to an unstable and dangerous situation affecting an individual, group, community or society.

Risk Management - involves assessing potential threats and finding the best ways to avoid those threats.

Crises Management - dealing with threats after they have occurred.Crises Management is occasionally

referred as incident management.

Crises Negotiation - is a technique for law enforcement to communicate with people who are threatening violence including barricaded subject, hostage taker, stalkers, threats, workplace violenceor person threatening suicide.

Forensic Psychology - forensic discipline that evaluates behavioral patterns and how they relate tocriem.

Hostage Negotiation - a negotiation conducted between law enforcement agencies, diplomatic or other governmental representatives for the release of a person held hostage against their will by criminal, terrorist or other elements.

Crises Management Plan - crises management methods of a business or organization.

3 Elements of Crises Management 1. threat to the organization or public 2. element of surprise 3. short decision time

Types of Crises 1. Natural Disaster 2. Technological Crises 3. Confrontation 4. Malevolence 5. Organizational Misdeeds 6. Work place violence 7. Rumors 8. Terrorist attacks/Man made disasters

Natural Disaster - considered acts of god - such as environmental phenomena as earthquakes, volcanic eruptions, floods, landslides, storms, tsunamis and droughts that threaten life, property and theenvironment itself.

Technological Crises - are caused by human application of science and technology.

Confrontation Crises - occur when discontented individuals and/or groups, fight business, government and various interest groups to win acceptance of their demands and expectations.

Common Type of Confrontation Crises 1. Boycott 2. Picketing 3. Sit-ins 4. blockade 5. Occupation of buildings 6. Resisting/Disobeying police 7. Ultimatums to those in authority

Crises of malevolence - opponents or miscreants individuals use criminal means or other extreme tactics for the purpose of expressing hostility or anger toward a company or country with aim of destabilizing or destroying it. ex. product tampering, kidnapping, terrorism, espionage.

Crises of Organizational Deeds - occurs when management takes actions it knows will harm stakeholders without adequate precaution.

3 Types of Organizational Misdeeds 1. Crises of skewed management values 2. Crises of Deception 3. Crises of Management Misconduct

Human Behavior - refers to the range of behaviors exhibited by humans and which are influenced by culture, attitudes, emotions, values, ethics, authority, rapport, hypnosis, persuasion, coercion and genetics.

Factors Affecting Human Behavior 1. Genetics 2. Attitude 3. Social Norms 4. Perceive behavioral control 5. Core faith 6. Survival instinct

Psychiatric Disorders Associated with Criminal Behavior1. Anxiety Disorders2. Delirium3. Delusional Disorder4. Dementia5. Impulse Control Disorder6. Intoxication or withdrawal from medication or drugs7. Malingering8. Mood disorders such as major depression, anxiety disorders and bipolar disorders9. Personality disorders, especially anti social personality disorder10.Pervasive developmental disorder (autism)11.Psychotic disorder12.Schizophrenia13.Schizo-affective disorder14.Schizophreniform disorder15.Substance dependence and abuse16.Traumatic brain injury

Mental Illness/Mental Disorder - a health conditionsthat changes a persons thinking, feelings or behavior and that causes the person distress and difficulty in functioning.

Schizophrenia - a long term mental disorder of a type involving a breakdown in the relation between thought, emotion and behavior, leading to faulty perception, inappropriate actions and feelings,withdrawal from reality and personal relationships into fantasy and delusion and a sense of mental fragmentation.

Autism - a mental condition present from early childhood characterized by great difficulty in communicating and forming relationship with other people and in using language and abstract concepts.

Hypnosis - the induction of a state of consciousnessin which a person apparently losses the power of voluntary action and is highly responsive to suggestions or directions.

Stalking - is a term used to refer to unwanted and obsessive attention by an individual or group to another person.

Juvenile Delinquency

PD 603 - Child and Youth Welfare Code

RA 9262 - Anti Violence Against Women and their Children Act of 2004.

RA 9344 - Juvenile Justice and Welfare Act of 2006

Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense.

Crime Theories Applicable to Juvenile Delinquency 1. Rational Choice - causes of crime lie within the individual offender rather than in their external environment. 2. Social Disorganization - absence or breakdown of communal institutions and communal relationships that traditionally encouraged cooperative relationships among people. Communal Institutions 1. Family 2. School 3. Church 4. Social Groups

3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially valued goals by legitimate means. 4. Differential Association - young people are motivated to commit crimes by delinquent peers and learn criminal skills from them. 5. Labelling Theory - once a person is labelled criminal they are more likely to offend. Once labelled as deviant, a person may accept that role and more likely to associate with others who have been similarly labelled. 6. Social Control Theory - proposes that exploiting the process of socialization and social learning builds self control and can reduce the inclination to indulge in behavior recognized as anti social.

Four Types of Control That Can Help Prevent JuvenileDelinquency 1. Direct - punishment is threatened or applied for wrongful behavior and compliance is rewarded by parents, family and authority figures. 2. Internal - youth refrains from delinquency through the conscience or super ego. 3. Indirect - by identification with those who influence behavior because his/her delinquent act might cause pain and disappointment to parents and others with whom he/she has close relationships. 4. Control - through needs satisfaction, if all

individuals needs are met, there is no point in criminal activity.

Breed vs. Jones - A US court decision where it held that juveniles can not be tried when acquitted in juvenile court then tried again in adult criminal court.Double jeopardy applies to juveniles as well as adults.Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a statutory limit.

Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if theywere an adult.

Crimes Commonly Committed by Juvenile Delinquents

1. Status offenses - is an action that is prohibited only to a certain class of people and most often applied to offenses only committed by minors. example, under age smoking.

2. Property crimes - is a category of crime thatincludes theft,robbery,motor vehicle theft,arson,shop lifting and vandalism.

3. Violent Crime in which the offender uses or threatens to use violent force upon the victim.

Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The vast majority of country including the Philippines set majority age at 18.

Young Adult - a person between the ages of 20 and 40whereas adolescent is a person between the ages of 13 and 19. Types/Categories of Juvenile Delinquency

1. Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice system.

2. Criminal behavior - crimes dealt with by the criminal justice system.

3. status offenses - offenses which are only classified as such because one is a minor, such as truancy which is also dealt with by juvenile court.

Truancy - is any intentional unauthorized absence from compulsory schooling.

Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term includes criminal damage such as graffiti and defacement directed towards a property without the permission of the owner.

Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface in a public place.

Defacement - refers to marking or removing the part of an object designed to hold the viewers attention.

Types of Offenders That Emerge in Adolescence

1. Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive behavior in adolescence or even childhood and continuous in adulthood.

2. Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency begins and ends during their period of adolescence.

CRIMINAL JUSTICE SYSTEM

Criminal Justice System - is the system of practicesand institutions of governments directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation efforts.

Goals of Criminal Justice

1. to protect individuals and society2. to reduce crime by bringing offenders to

justice3. to increase the security of the people

Criminal Justice System consists of three main parts

1. legislative - create laws2. courts - adjudication3. corrections - jail, prison, probation, parole

Participants of Criminal Justice System

1. police - first contact of offender since theyinvestigate wrongdoing and makes arrest.

2. prosecution - proves the guilt or innocence of wrongdoers.

3. court - venue where disputes are settled and justice is administered.

4. correction - after accused is found guilty, he is put to jail or prison to be reformed.

5. community - where the convict after service of sentence comes back to be integrated to bea productive member of society.

Community Policing - the system of allocating officers to particular areas so that they become familiar with the local inhabitants.

Early History of Punishment1. Early Greece and Rome a. most common state administered punishment was banishment and exile. b. economic punishment such as fins for such crime as assault on slave, arson, or house breaking.2. Middle 5th to 15th century a. blood feuds were the norm. b. law and government not responsible for conflict.

3. Post 11th century feudal periods a. fine system, punishment often consisted of payment to feudal lord. b. goals, public order and pacifying the injured. c. corporal punishment for poor who can not pay.4. 1500's a. urbanization and industrialization, use of torture and mutilation showed and punishment began to be more monetary based. b. use of gallery slaves - ship-rowers. c. shipped inmates to american colonies5. 1700's - early 1800's a. increase in prison population b. gap between rich and poor widens c. physicality of punishment increases

Goals of Punishment1. General Deterrence - the state tries to convince potential criminals that the punishment they face is certain, swift, and severe so that they will be afraid to commit an offense.2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the benefitsof crime so they will not repeat their criminal offending3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities.4. Retribution/Just Desert - punishment should be no more or less than the offenders actions deserve,it must be based on how blameworthy the person is.5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice system for the costs of processing their case and society for any disruption they may have caused.6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to society7. Diversion - criminals are diverted into a community correctional program for treatment to avoid stigma of incarceration.The convicted offender might be asked to make payments to the crime victim or participate in a community based program that features counseling.8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring reintegration of the offender.Turn the justice system into a healing process rather than a distributor of retribution and revenge.

3 Broad Categories of Crime1. Sensational crime2. Street Crime3. Corporate Crime, White Collar Crime, and Organized Crime.

Sensational Crime - certain offenses are selected for their sensational nature and made into national issues.Much of what we know about crime comes from the media.

Street Crime - includes a wide variety of acts both

in public and private spaces including interpersonalviolence and property crime.

Justice - the quality of being just, fair and reasonable.

Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal principles.

Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law either alone or as part of a panel of judges.

Prosecutor - the person responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

Law - is a system of rules of conduct established bythe sovereign government of a society to correct wrongs, maintain the stability of political and social authority and deliver justice.

Plaintiff - the person who brings a case against another in court of law.

Respondent - the defendant in a lawsuit.

Appellee - the respondent in a case appealed to a higher court.

Appellant - the party who appeals the decision of the lower court. A person who applies to a higher court for a reversal of the decision of a lower court.

Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to stand by that which is decided", general practice of adhering to previous decisions when it makes new one.

Miranda Doctrine - criminal suspect has the right toremain silent which means they have the right to refuse to answer questions from the police.They havethe right to an attorney and if they can not afford an attorney, one will be provided for them at no charge.

Pro Bono - legal work done for free.

Writ - a form of written command in the name of the court or other legal authority to act or abstain from acting in some way.

Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial proceeding.

Summon - a legal document issued by a court or administrative agency of government authoritatively or urgently call on someone to be present.

Discretion - the use of personal decision making andchoice in carrying out operations in the criminal justice system.

What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and economic life.

What is the medical model of punishment?- a view of corrections holding that convicted offenders are victims of their environment or sick people who were suffering from some social malady that prevented them into valuable members of society.

What is the difference between Indeterminate sentence and Determinate sentence?1. Indeterminate sentence a. a term of incarceration with a stated minimum and maximum length. ex. 3-10years b. prisoner is eligible for parole after the minimum sentenced has been served. c. based on belief that sentences fit the criminal, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. d. judges can set a high minimum to override the purpose of the indeterminate sentence.2. Determinate sentence a. a fixed term of incarceration ex. 3 years b. these sentences are felt by many to be restrictive for rehabilitative purposes. c. offenders know exactly how much time they have to serve.

Various Factors Shaping Length of Prison Terms1. Legal Factors a. the severity of the offense b. the offenders prior criminal record c. whether the offender used violence d. whether the offender used weapons e. whether the crime was committed for money2. Extra Legal Factors a. social class b. gender c. age d. victim characteristics

What are the institutions of socialization?1. Family2. Religion3. Schools4. Media

Family - is the primary institution of socializationin society.

PROBATIONProbation is a disposition under which a defendant after conviction and sentence is released subject toconditions imposed by the court and to the supervision of a probation officer.

Who can apply for Probation? ans. any first time convicted offender who is 18 years old or above.

Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344 (Juvenile Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the rightto probation as an alternative to imprisonment if qualified under the Probation law.

Where shall an application for Probation be filed? ans. theapplication shall be filed with the court that tried and sentenced the offender.

What will happen if the application for Probation isdenied? ans. the offender will be sent by the sentencing court to prison to serve his sentence.

When should an application for Probation be filed? ans. anytime before the offender starts serving his sentence but within 15 days from the promulgation of notice of judgment of conviction. Under section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the court may afterit shall have sentenced a child in conflict with the law and upon application at anytime placed the child on probation in lieu of service of his sentence.

May an offender be released from confinement while hisapplication for Probation is pending? ans. yes, the applicant may be released under the bail he filed in the criminal case or under recognizance.

How many times can one be granted Probation? ans. only once.

RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence and place the defendant on probation, upon application by the defendant within the period for perfecting an appeal.

2. Probation may be granted whether the sentenced imposed a a term of imprisonment orfine only.

3. No application for probation shall be entertained or granted if the defendant has perfected an appeal.

4. Filing of application for probation operate as a waiver of the right to appeal.

5. The order granting or denying probation shallnot be appealable.

6. Accessory penalties are deemed suspended onceprobation is granted.

7. The convict is not immediately put on probation. There shall be a prior investigation by the probation officer and a determination by the court.

Will Probation be automatically granted to one whosesentence is 6 years or less? ans. no, the applicant may be denied by the court if:1. The offender would be better rehabilitated if he/ she is sent to prison to serve his/her sentence.2. There is undue risk that the offender will likely commit another crime.3. Probation will depreciate the seriousness of the offense committed.

Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the court may in its discretion, placed the accused under probation even if the sentence provided under section 11 of the act is higher than that provided under theprobation law.

What will happen if a probationer violates the conditions of probation? ans.1. The court may modify the conditions of probation or revoke the same.2. If the violation is serious, the court may order the probationer to serve his prison sentence.3. The probationer may also be arrested and criminally prosecuted if the violation is a criminal offense.

The court order shall not be subject to appeal.

Probation is not coterminous with its period.There must be an order issued by the court discharging the probationer. Upon finding that he has fulfilled the terms andconditions of his probation, the court may order the final discharge of the probationer.This shall have the following effects: a. case is deemed terminated. b. all civil rights suspended or lost are restored.

c. offender's liability for any fine imposed is discharged.

Who are disqualified from the benefits of probation:ans. 1. Those sentenced to serve a prison term of more 6 years.2. Those convicted of any crime against the national or the public order.3. Those previously convicted of an offense which is punished by imprisonment of not less that one month and one day imprisonment and/or a fine of not less than P200.4. Those who have been placed on probation once.5. Those serving sentence.6. Those whose conviction is on appeal.7. Those convicted of an offense against the omnibus election code, insurgency law, wage

rationalization act.

There are two kinds of conditions imposed upon the offender under probation: 1. Mandatory or general – once violated, the probation is cancelled. 1) To report to the probation officer within 72 hours after he receives the order of the court granting probation. 2) To report to his probation officer at leastonce a month. 3) not to commit any other offense while on probation. 2. Discretionary or special – additional conditions which the court may additionally impose for the probationer’s correction and rehabilitation outside prison. The enumeration is not exclusive, as long as the probationer’s Constitutional rights are not jeopardized.

How long is the period of probation? ans.1. not more than 2 years if the sentence of the offender is 1 year or less. 2. not more than 6 years if the sentence is more than one year.3. When the penalty is a fine only and the offender is made to serve subsidiary imprisonment, probation shall be twice the total number of days of subsidiary imprisonment

What is Parole? ans. it is the release of a prisonerfrom prison after serving the minimum period of his indeterminate sentence.

Who can not be granted parole? ans. generally, thosesentenced to a term of imprisonment of one year or less or to a straight penalty or to a prison sentence without a minimum term of imprisonment.

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under the Departmentof Justice.

When may a prisoner be granted parole? ans. wheneverthe board of pardon and parole finds that there is areasonable probability that if released, the prisoner will be law abiding and that his release will not be incompatible with the interest and welfare of society and when aprisoner has already served the minimum penalty of his/her indeterminate sentence of imprisonment.

What happens if a parolee violates the conditions ofhis parole?ans. he shall be rearrested and recommitted or returned to prison to served the unexpired portion of the maximum period of his sentence.

What is executive clemency? ans. it refers to the commutation of sentence, conditional pardon and absolute pardon may be granted by the president uponrecommendation of the board.

What is commutation of sentence? ans. it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty offender for the punishment imposed by a court.

What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever resulting to the full restoration of his civil rights.

Who may file a petition for conditional pardon? ans.a prisoner who has served at least one half of the maximum of the original indeterminate and/or definite prison term.

Who may grant commutation of sentence and pardon? ans. the president.

Who may file a petition for commutation of sentence?ans. the board may review the petition of a prisonerfor commutation of sentence if he/she meets the following minimum requirement:

at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison termor the aggregate minimum of his determinate and/or prison terms.

at least 10 years for prisoners sentenced to one reclusion perpetua or one life imprisonment, for crimes/offenses not punishable under RA 7659 and other special law.

at least 12 years for prisoners whose sentences were adjusted to 40 years in accordance with the provisions of article 70 of the RPC as amended.

at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659 committed on or after January 1, 1994 and sentenced to one reclusion perpetua or one life imprisonment.

at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life imprisonment even if their sentences were adjusted to 40 years in accordance with the provision of article 70 of the RPC as amended.

at least 20 years for those sentenced to death which was automatically commuted or reduced to reclusion perpetua.

Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon if he had served his maximum sentence or granted final release and discharge or court termination of probation.

Is a prisoner who is released on parole or conditional pardon with parole conditions placed under supervision? ans. yes, the prisoner is placed under the supervision of a probation and parole officer.

PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.

Purpose of the law

1. promote the correction and rehabilitation of an offender by providing him with individualized treatment.

2. provide an opportunity for the reformation ofa penitent offender which might be less probable if he were to serve a prison sentence.

3. prevent the commission of offenses.

Probationer - a person placed on probation.

Probation officer - one who investigates for the court a referral for probation or supervises a probationer or both.

The Probation administration shall be headedby the Probation administrator who shall be appointed by the president of the Philippines.

There shall be an assistant probation administrator who shall assist the administrator perform such duties as may be assigned to him by the latter and as may be provided by law.

Qualifications of the Administrator and Assistant Probation Administrator.

1. at least 35 years of age2. holder of a masters degree or its equivalent

in either criminology, social work, corrections, penology, psychology, sociology,public administration, law, police science, police administration or related field.

3. at least 5 years of supervisory experience orbe a member of the Philippine bar with at least 7 years of supervisory experience.

Regional Probation officer and Assistant regional Probation Officer - appointed by the president upon the recommendation of the Secretary of Justice.

Provincial and City Probation officer - appointed bythe Secretary of justice upon the recommendation of the administrator and in accordance with civil service law and rules.

Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.

1. Bachelors degree with a major in social work,sociology, psychology, criminology, penology,corrections, police science, administration or related fields.

2. at least 3 years in work requiring any of theabove mentioned disciplines or is a member ofthe Philippine bar with at least 3 years of supervisory experience.

when practicable, the provincial or city probation officer shall be appointed from

among qualified residents of the province or city where he will be assigned to work.

EVIDENCEA. Importance of the study of Evidence in Law

Enforcement:

As an element of our Criminal Justice System,it is the duty of every law enforcement agencies to provide the prosecution with the materials and information (Evidence) necessary in order to support conviction.

Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie presumption which must be overcome by proof beyond reasonable doubt.

B. Connecting the chain of events through Evidence during Trial:

Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).

Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the conception up to the consummation of a criminal design.

C. Factum Probandum and Factum Probans

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.

Examples:• murder was committed thru treachery• robbery was made through force upon things

Factum Probans – The evidentiary Facts. Theseaddresses questions of fact.

Examples:• exit wounds were in front indicating that victim was shot at the back• destroyed locks indicative of force uponthings

Thus, the outcome of every trial is determined by:

• Propositions of law, and• Questions of fact.

D. Proof and Evidence

Evidence – the means to arrive at a

conclusion. Under the Revised Rules of Court,evidence is defined as “the means, sanctionedby the rules, for ascertainment in a judicialproceeding, the truth, respecting a matter offact”.Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It refers to the accumulationof evidence sufficient to persuade the trial court.Quantum of evidence – the totality of evidence presented for considerationQuantum of proof – refers to the degree of proof required in order to arrive at a conclusion.Burden of evidence – the duty of a party of going forward with evidence.Burden of proof – the duty of the affirmativeto prove that which it alleges.

Variations on degrees of proof based on type of action:

1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind]2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it]3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonoustree doctrine)

Evidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional requirement of due process. Due process has been defined as “the law that hears before it condemns, whichproceeds upon inquiry, and renders judgment only after fair trial”.

As a result, jurisprudence has evolved a rulethat renders inadmissible any evidence obtained in an illegal search from being introduced in trial.

F. Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponent of the object mustpresent evidence of its chain of custody. The proponent need not negate all possibilities of substitution or tampering in the chain of custody, but must show that: The evidence is identified as the same objectwhich was taken from the scene;It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application ofninhydrine solution, etc.); and The persons who have handled the evidence are

known and may be examined in court with regard to the object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:

1. It is a means of ascertainment – used to arrive at a legal conclusion2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and admissibility3. It is used in a judicial proceeding – there is a jural conflict involving differentrights asserted by different parties4. It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the prosecution or for thedefense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be: 1) relevant to the issue [relevancy test], and 2) not excluded by the law or rules of court [competency test].

Note: To determine the relevancy of any itemof proof, the purpose for which it is sought to be introduced must first be known (There must be a formal offer).

Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination of the factual issue that is disputed.

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in it’s: 1) existence, or 2) non-existence

In other words, evidence is relevant when it is:1) material, and2) has probative value

What is meant by “probative value”?

It is the tendency of the evidence to establish the proposition that it is offered to prove.

“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or improbability of thefact in issue.

Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue.

Collateral matters are classified into:

1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.]2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the accused atthe scene of the crime, etc.]3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:

1. mandatory2. discretionary3. hearing required

C. Confession and Admission, distinguished:Confession – an acknowledgement of guilt.Admission – an acknowledgment of facts.

Different kinds of confession/admission:1. Judicial2. Extrajudicial3. Oral4. Written5. Voluntary6. Forced

Different kinds of evidence:1. Relevant evidence – evidence having any value in reason as tending to prove any matter provable in an action.2. Material evidence – evidence is material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings.3. Competent evidence – not excluded by law.4. Direct evidence – proves the fact in issue without aid of inference or presumptions.5. Circumstantial evidence - the proof offact or facts from which, taken either singlyor collectively, the existence of a particular fact in dispute may be inferred asnecessary or probable consequence.6. Positive evidence – evidence which affirms a fact in issue.7. Negative evidence - evidence which denies the existence of a fact in issue.8. Rebutting evidence – given to repel, counter act or disprove facts given in

evidence by the other party.9. Primary/Best evidence – that which the law regards as affording the greatest certainty.10. Secondary evidence – that which indicates the existence of a more original source of information.11. Expert evidence – the testimony of onepossessing knowledge not usually acquired by other persons.12. Prima facie evidence – evidence which can stand alone to support a conviction unless rebutted.13. Conclusive evidence – incontrovertibleevidence14. Cumulative evidence – additional evidence of the same kind bearing on the samepoint.15. Corroborative evidence – additional evidence of a different kind and character tending to prove the same point as that of previously offered evidence.16. Character evidence – evidence of a person’s moral standing or personality traitsin a community based on reputation or opinion.17. Demeanor evidence – the behavior of a witness on the witness stand during trial to be considered by the judge on the issue of credibility.18. Demonstrative evidence – evidence thathas tangible and exemplifying purpose.19. Hearsay evidence – oral testimony or documentary evidence which does not derive its value solely from the credit to be attached to the witness himself.20. Testimonial evidence – oral averments given in open court by the witness.21. Object/Auotoptic proferrence/Real evidence – those addressed to the senses of the court (sight, hearing, smell, touch, taste).22. Documentary evidence – those consisting of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of its contents.

Best Evidence Rule:When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original of the document.

For exceptions, see Sec. 3, Rule 130, RevisedRules of Court.

A document is legally considered “Original” when:1. It is the subject of an inquiry2. When in two or more copies executed at or about the same time, with identical contents.3. When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the transaction.

Question: May a “fake” document be considered

as “original” or “authentic”?

Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document is onlysecondary to the original questioned document.

B. Secondary EvidenceWhen the original document has been:1. lost,2. destroyed, or3. cannot be produced in court.

The offeror without bad faith must:1. prove its execution or existence, and2. prove the cause of its unavailability.

Secondary evidence may consist of:1. a copy,2. recital of its contents in some authentic document, or3. by testimony of witnesses.

When original document is in the custody of:1. adverse party – adverse party must havereasonable notice to produce it. After such notice and satisfactory proof of its existence, he fails to produce it, secondary evidence may be presented.2. public officer – contents may be provedby certified copy issued by the public officer in custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:1. can perceive2. can make known their perception to others3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s statute”.

“Res Inter Alios Acta” RuleGeneral Rule: The rights of a party cannot beprejudiced by an act, declaration, or omission of another.

Exception:1. admission by a co-partner or agent2. admission by a conspirator3. admission by privies4. admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception. Any statement which

derives its strength from another’s personal knowledge is hearsay, and is therefore inadmissible.

Exceptions:1. Dying declarations (ante-mortem statements)2. Declaration against interest3. Act or declaration about pedigree4. Family reputation or tradition regarding pedigree5. Common reputation6. Part of the res gestae7. Entries in the course of business8. Entries in official records9. Commercial lists and the like10. Learned treatises11. Testimony or deposition at a former proceeding12. Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.

Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known or a conjecture based on past experience as to what course human affairs ordinarily take.

2 kinds of presumptions:1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by evidence to the contrary.2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may be overcomeby evidence to the contrary.

Kinds of Conclusive Presumptions:1. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).2. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against the other and his privies any right or title in derogation of the deed or denying the truth of any materialfact asserted in it (Iriola v. Felices, 30 SCRA 202).3. Estoppel in pais – based upon express representation or statements or upon positiveacts or conduct. A party cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy inconsistent positions.4. Estoppel against Tenant – the tenant isnot permitted to deny the title of his landlord at the time of the commencement of

the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.

Presentation of Evidence:The examination of witnesses presented in a trial or hearing shall be done is open court,and under oath or affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness shall be given orally.

Rights and Obligations of witnesses:1. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor.2. Not to be detained longer than the interest of justice requires.3. Not to be examined except only as to matters pertinent to the issue.4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law.5. Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to the fact from which the fact in issue would be presumed, but a witness must answer to the facts of hisprevious final conviction for an offense.

Order of Examination of individual witnesses:Direct examination by the proponentCross examination by the opponentRe-direct examination by the proponentRe-cross examination by the opponent

Direct examination – the examination in chiefof a witness by the party presenting him on the facts relevant to the issue.Cross examination – the examination by the adverse party of the witness as to any matterstated in the direct examination, or connected therewith, with sufficient fullnessand freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.Re-direct examination – second questioning bythe proponent to explain or supplement answers given in the cross examination.Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on such matters as may be allowed by court.

Different Types of Questions:Leading questions –It is one where the answeris already supplied by the examiner into the mouth of the witness. [Ex. You saw Jose killed Juan because you were present when it happened, didn’t you?]Misleading question – a question which cannotbe answered without making an unintended admission. [Ex. Do you still beat your wife?]Compound question – a question which calls for a single answer to more than one

question. [Ex. Have you seen and heard him?]Argumentative question – a type of leading question which reflects the examiners interpretation of the facts. [Ex. Why were you driving carelessly?]Speculative question – a question which assumes a disputed fact not stated by the witness as true. [Ex. The victim cried in pain, didn’t he?]Conclusionary question – a question which asks for an opinion which the witness is not qualified or permitted to answer. [Ex. Askinga high school drop-out whether the gun used is a Cal. 45 pistol or 9mm pistol]Cumulative question – a question which has already been asked and answered.Harassing/Embarrassing question – [Ex. Are you a homosexual?]

Classes of Documents:Documents are either public or private.

Public documents are:

1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or a foreign country. 2. Documents acknowledged before a notarypublic except last wills and testaments. 3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.

Actus non facit reum, nisi mens sit rea – theact cannot be criminal where the mind is not criminal.

Actus mi invictu reus, nisi mens facit reum –an act done by me against my will is not my act.

Mens rea – guilty mind.

Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate effect.

Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted.

Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note: this maxim is not recognized in our jurisdiction).

CRIMINAL PROCEDURE

Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing”

Criminal ProcedureThe method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case of conviction.

It is concerned with the procedural steps through which a criminal case passes, commencingwith the initial investigation of a crime and concluding with the unconditional release of theoffender.

It is a generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice.

Criminal JurisdictionThe authority to hear and decide a particular offense and impose punishment for it. It has three requisites, namely:

Subject matter – cases of the general class where the proceedings in question belong as determined by the nature of the offense and by the penalty imposed by law;Territory – the geographical limits of the territory over which the court presides and where the offense was committed; andPerson of the accused – acquired thru: a) arrest[with warrant or warrantless] or b) voluntary surrender.

I. Prosecution of Offenses

How instituted?By filing the: 1) Complaint, or 2) Information.

ComplaintA sworn written statement charging a person withan offenseExecuted and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated].May be filed in the prosecutors office or directly to the court

Information1.An accusation in writing2. Subscribed by the Prosecutor3.Filed with the court

Both are: 1. In writing2. In the name of the People of the Philippines3. Directed against all persons who appear to beresponsible for the offense involved.

Elements of a complaint or information:1. Formal elements, and 2. Substantive elements.

It must be: 1. Sufficient in form, and2. Sufficient in substance

Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance .

A complaint or information is sufficient in formif it states: [N.D.A.N.A.P.]1. The Name of the accused2. The Designation of the offense given by the statute3. The Acts or omissions complained of as constituting the offense4.The Name of the offended party5. The Approximate date of the commission of theoffense6. The Place where the offense was committed.

A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground for a motion to quash.(Section 3, Rule 117)

Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

Remedy if a complaint or information is defective:I. If defective in form a) court may dismiss the complaint or information motu propio or upon motion, or b) accused may move for a BILL OF PARTICULARSII. If defective in substance – No obligation isimposed on the judge to point out the duplicitousness or other defect in the indictment on which an accused is being arraigned. It is for the accused to move for a motion to quash on the ground that the complaint or information charges more than one offense, under sanction of waiver and loss of ground of objection (Concurring opinion of CJNarvasa, People v. Bartulay, 192 SCRA 632)

Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines whether or not the papers are in order before giving it due course, meaning, it satisfies itself if thecomplaint or information is sufficient in form and in substance.

Examples:Articles of Impeachment in an impeachment proceedingsPresidential Election Protest

This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects (People v. Bartulay, supra).

Query:

JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there was an actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent or

repel the unlawful aggression directed against him. Despite this, the fiscal went on to file the information in court. May JP claim that the information, though sufficient in form, is defective in substance? Why?

No. JP cannot claim that the information is defective in substance. This is so because “self-defense” is not a ground for a motion to quash but a matter of defense. If proven, self-defense is a basis for acquittal, not dismissal.

Any explanation or defense which the defendant may want to invoke can be properly raised duringtrial (Galvez v. CA, 237 SCRA 685).

Distinction between Acquittal and Dismissal:1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B.2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.

Notes:1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses, i.e. adultery, concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e. those requiring mediation at the “lupong tagapamayapa”]. However, non-compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec.40 under the Local Government Code of 1991 does not affect the Court’s jurisdiction if no timelyobjection is made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].3. All criminal actions, whether commenced by filing of complaint or information, are underthe direct control of the prosecutor.

Queries:

I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the information only against A, B, and C leaving outD whom he would utilize as state witness. Is thefiscal correct?

Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on the part of the court in not including D in the information because of the prosecutors finding that there issufficient evidence against all. There was no more necessity to utilize D as a state witness.

Exeption:Under the Witness Protection Act, the prosecutorhas the discretion of discharging an accused as a state witness and no court approval is

necessary.

II. Is designation of the offense an essential element of the complaintor information? Why? Give the exception, if any.

No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails.

The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the allegations indicates eithertrespassing or a possible attempted rape).

II. Prosecution of Civil Action

Basis:Art. 100, RPC - Every person criminally liable is also civilly liable

Generally, when a person commits a crime, he offends two entities, namely: 1) The State [whose laws he violated]; and

2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same acts or omissions].

Exception:When the infraction falls under the class of offenses called victimless crimes like gambling,betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself is his own victim”.

Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery ofcivil liability is deemed instituted with the criminal action unless the offended party:Waives the civil action;Reserves the right to institute it separately; orInstitutes the civil action prior to the criminal action

Principle of proferrence of criminal action overcivil action:After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgments on the merits xxx.

Reason for the rule: Criminal action is based on an offense committedagainst the laws of the State while civil actionis based on an injury to individual rights. Public interest is superior over private one.

Exception to the rule of proferrence of criminal

action over civil actionWhen the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.When there is a prejudicial question in the civil case that must be decided first before thecriminal action can proceed because the decisionin the civil action is vital to the judgment of the criminal case.

Elements of Prejudicial Question:The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, andThe resolution of such issue determines whether or not the criminal action may proceed.

Queries:

1. Nobern married Armie on 2005. On 2006, Nobernmarried X. On 2007, Armie filed a criminal case for bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern on the ground that their marriage was void ab initio for having been contracted during the subsistence of Nobern’s prior marriage to Armie without X knowing it.

Is there a prejudicial question? Why?

2. Nobern married Armie on 2005. On 2006, Nobernmarried X because X threatened to kill him unless he marries X. On 2007, Nobern filed an annulment against X on the ground of threat and intimidation. On 2008, Armie filed a criminal case for bigamy against Nobern upon learning of Nobern’s marriage to X.

Is there a prejudicial question? Why?

Note:Prejudicial question is subject to the principlethat he who comes into court must come with clean hands. The accused cannot be permitted to use the law in order to frustrate the ends of justice. Good faith or bad faith is important.

III. Preliminary Investigation

DefinedIt is an inquiry or proceeding to determine whether there is sufficient ground to engender awell-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

When required?Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.

When NOT REQUIRED:In cases where the penalty imposed by law is NOTat least 4 years, 2 month, & 1 dayIn case of a valid warantless arrest [shall proceed in inquest]

Officers authorized to conduct PIProvincial or City Prosecutors and their assistants;National and Regional State Prosecutors; andOther officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.]

Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.

Rules:1. The complaint must be sufficient in form [Seenotes in Prosecution of Offenses, supra]2. Supported by affidavits of the complainant and his witnesses3. Numbers of copies are proportionate to the number of respondents plus 2 official copies

1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no –dismiss. If yes – issue subpoenas.2. Within 10 days after receipt of subpoena withthe complaint and supporting affidavits and documents – respondent submits counter affidavits.3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days– investigating officer resolves the complaint on the basis of evidence presented by complainant.

Clarificatory hearing – if there are facts and issues to be clarified from a party or witness -within 10 days after submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal.

Resolution – within 10 days after the investigation. Forwarding of fiscals’ resolution to superiors –within 5 daysSuperiors shall act on the resolution – within 10 days

IV. Arrest

Defined:1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Sec.1, RRC)

2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)

How made:

As to the manner of enforcement, by: 1) Actual restraint, or 2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order: 1) By virtue of a warrant, or 2) Warrantless arrest, in cases allowed by

the Rules

As to the person arresting: 1) Arrest by peace officer, or 2) Citizens arrest

When warrantless arrests allowed:

1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:

CommittedIs actually committing an offenseIs attempting to commit

Translation: In flagrante delicto [latin] – Literally, “caught in the act of wrong”.

2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable cause to believe based on personal knowledge of facts or circumstances that the person arrested has committed it.

Tests in determining probable cause based on personal knowledge:

Must be based on the senses, i.e. 1) Sight 2) Hearing 3) Smell

Notes: A. The arresting officer must have personal knowledge of the commission of the crime throughhis senses. He cannot “fish” for evidence firstand afterward make the arrest.B. The term “personal knowledge” excludes hearsay as a basis for probable cause.C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority opinion, People v. Malmstedt, 198 SCRA 401).D. For purposes of arrest – Officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Sec. 11, RRC).E. For purposes of search and seizure – he cannot break into any building or enclosure without violating the right of privacy. Exceptions: 1) When there is consent (Dissent ofJustice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant.

3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place of confinement etc. while serving sentence, temporarily confined, or case is stillpending – may be arrested under the theory that “he is engaged in the commission of a continuingoffense” (Parulan v. Director of Prisons, 22 SCRA 639).

Methods of Arrest:

I. With warrant, by officer:

The officer shall inform the person of: 1) the cause of the arrest 2) fact that warrant exist

Exception: 1) When he flees or forcibly resist before 1 & 2 is completed 2) When the giving of info will imperil the arrest

II. Without warrant, by an officer and by private persons:

Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause [if person arresting is private person]

Unless when the person to be arrested is either: 1) Engaged in the commission of the offense 2) Is pursued immediately after its commission3) Has escaped, flees or forcibly resist before the officer or the private person making the arrest has the opportunity to inform him of 1 & 2, or4) When the giving of info would imperil the arrest

Tests in determining lawfulness of USE OF LETHALFORCE by the arresting officer:

1) Test of reasonability – conduct of the arresting officer is examined.Where the precipitate action of the arresting officer resulted in the loss of a human life andthere exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal – condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257).

2) Test of necessity – conduct of the person arrested is examined.Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784).

V. Bail

Kinds of bail bonds:1. cash bond2. property bond3. surety bond4. recognizance

Defined:The security given for the release of a person in custody of the law, furnished by him or a

bondsman, to guarantee his appearance before anycourt as required under the conditions of law.

Generally:The right to bail only accrues when a person is under custody. Court must have jurisdiction overthe person of the accused either thru: 1) arrest, with or without warrant, or 2) voluntarysurrender.

Exception:When the person under investigation cannot personally appear because he is hospitalized butapplies for bail through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA 741).

Where to apply?In the court where the case is pending (if not yet filed, may be filed before any court).

Conditions for bail:See Sec. 2, Rule 114

Bail, a matter of right:1. Before or after conviction by MTC, MTCC or MCTC2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or lifeimprisonment

Bail, a matter of discretion:1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or lifeimprisonment.2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua or life imprisonment, whenevidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discretion only in cases where the evidence of guilt is strong).

Bail granted in capital offenses despite findings that evidence of guilt is strong (Citedin Cruz, Constitutional Law, 2003 Ed.):De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that requires confinement to the hospital.People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.

Notes:

1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous with guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on the part ofthe Commissioner of Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).

3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80).

4. I extradition proceedings, bail may be

granted provided the accused undertake to submithimself to the jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007)

VI. Rights of the accused

Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).

In all criminal prosecutions, the accused shall be entitled to the following rights:

Key: [PIPTEC CoSpA]

P – resumed innocentI – nformed of the nature of the cause and accusationP – resent in person and by counselT – estify in his own behalfE – xempt from being compelled to be a witness against himselfC – onfront witnessesC – ompulsory process to secure attendance of witnesses and production of other evidenceS – peedy, impartial and public trialA – ppeal

1) To be presumed innocent until the contrary isproved beyond reasonable doubt.

Hierarchy of proof [according to degree of persuasiveness]:Absolute certainty – ultimate truth [not required in any legal proceeding]Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt,conclusive presumptions]Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence, probable cause, substantial evidence, disputable or prima facie presumptions]

Notes:The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution. Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence.Burden of proof – the duty of the affirmative toprove what it alleges. (Africa, The Art of Argumentation and Debate).Absolute certainty is not demanded by the law toconvict but only moral certainty.

2) To be informed of the nature and cause of theaccusation against him.

Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.

Arraignment serves this purpose by informing himwhy the prosecuting arm of the state is mobilized against him.An accused cannot be convicted of an offense unless it is clearly charged in the compliant orinformation. Basic rule – you cannot prove what you did not allege.

3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of judgment.

Express or Implied waiver is renunciation to be present on that particular date only.Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio. When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is violated, unless the accusedvoluntarily chose him knowing him to be a non-lawyer.

4) To testify as a witness in his own behalf butsubject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him.

5) To be exempt from being compelled to be a witness against himself.

Right to testify in his own behalf:Once exercised, the accused is subject to limited cross-examination.If not exercised, no inference of guilt can be derived from his silence alone.

Right against self incrimination:Intended to shield the guilty & imprudent as well as the innocent & farsighted.Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to commit perjury.

Notes: A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents and articles demanded from him.B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others requiring a mere mechanicalact on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658].

6) To confront and cross-examine the witnesses against him at the trial.

Reasons:To meet the witness face to face (Bill of Rights, 1987 Constitution)To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying (US v, Javier, 37 Phil 449).

Effect of absence of right to cross examine:When there is express or implied waiver – no effectIn the absence of waiver – testimony of the witness cannot be considered as complete and therefore cannot form part of the evidence against the accused.

Effect when witness dies:Before he could take witness stand – inadmissibleAfter giving his direct testimony but before cross examination – Gen. rule: inadmissible. Exception: where the adverse party was given adequate opportunity but failed to cross examinedue to his own faultAfter the defense conducted cross examination – admissible

7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.

“Compulsory process” refers to the issuance of the court of:Sub-poena – for the attendance of witnessesSub-poena duces tecum – for the production of documents

Notes:A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear or refuses to produce the required documents without justifiable reasons –court has the power to declare that person in contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must be employed in order to give meaning to this right.

8) To have speedy, impartial and public trial.

Speed:Justice delayed is justice as denied

Impartiality:Every party litigant is entitled to nothing lessthan the cold neutrality of an impartial court (Macalintal v. Judge Teh, 280 SCRA 623).

Public trial:So that the public may see that he is fairly dealt with and not unjustly condemned in case ofconviction.So the public may know of the fact or the basis of his innocence in case of acquittal.

Note: “Public trial” and “Trial by publicity” are two different things. They are not the same.There should be a public trial, not trial by publicity.

9) To appeal in all cases allowed and in the manner prescribed by law.

The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196)

VII. Arraignment and PleaArraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea (Black’s Law Dictionary).

Venue for Arraignment and Plea:Before the court where the complaint or information was filed or is assigned for trial.

Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)

1) To fix the identity of the accused2) To inform him of the charge3) To give the accused an opportunity to plead

Note:In order for the Court to “acquire” complete jurisdiction over the person of the accused, arraignment is essential. Unless this procedure is completed, the court cannot commence trial inabsentia.

Procedure:Arraignment must be made in open court by the judge or the clerkAccused must be furnished with a copy of the complaint or informationComplaint or Information must be read in a language or dialect known to himAccused must be presentAccused must personally enter his plea

I. If under preventive detentionRaffle of case and transmittal of records – within 3 daysArraignment – within 10 days from the date of rafflePre trial conference – within 10 days after arraignment

II. If not under preventive detentionGeneral rule – within 30 days from the date the court acquires jurisdictionException – a shorter period is provided by special law or SC Circular

Rules in entering a plea:If accused refuses to plead or makes a conditional plea – a plea of not guilty shall beenteredIf accused enters a plea but presents exculpatory evidence – plea of guilty is

withdrawn and a plea of not guilty shall be entered for him. Burden of proof shifts.If accused enters a plea to a capital offense – court shall conduct a searching inquiry into thevoluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability.

Pre-trial Conference:Private offended party shall be required to appear for purposes of: 1) Plea-bargaining2) Determination of civil liability3) Other matters requiring his presence

In case of failure of the offended party to appear despite due notice – conformity of prosecutor is sufficient for purposes of pleading guilty to a lesser offense which is necessarily included in the offense charged.

Bill of particulars:The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired.

Scope of the Bill of Particular: Bill of Particulars is a remedy for formal defects and not substantive defects.

The remedy against an indictment that fails to allege the time of the commission of the offensewith sufficient definition is a Motion for Bill of Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).

[See discussion in: Elements of Complaint and Information, remedy in case complaint or information is defective, supra]

Modes of discovery:Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guilt, or 2) as to punishment (Webb v. De Leon, 247 SCRA 653).

Suppressed evidence must be of such nature as toaffect the outcome of the trial (US v. Agurs, USv. Bagley)

Notes:

1) Arraignment is important for notifying the accused of the cause he is required to meet. Theaccused has the right to be informed of the nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422).

2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicasan).

POLICE REPORT WRITING

Affidavit - summary judgment. The kind of affidavit necessary to support a summaryjudgement is that affidavit from which it may be clearly drawn that certain facts pleaded by either party are certain, undisputed and indubitable which dispense with the hearing ortrial of the case.(PNP definition).

After operation report - it is a report that may be rendered after any successful police operation that leads to the arrest of any member or some members of syndicated crime group.

After soco report - it is a report rendered by the team leader of the SOCO that conducted the scene of the crime operations, processing or investigation.

Agents report - it is a report rendered by a documented agent who answers an intelligence requirement.

Agreement - Proposal. A proposal remainsan offer even if not answered and irrespective of the length of time that has passed. It only becomes an agreementwhen accepted by the other party.(PNP definition).

Book of account - a book containing charges and showing a continuous dealingwith persons generally. To be admissiblein evidence, it must be kept as an account book and the charges made in theusual course of business.

Case officer - the person responsible for and in charge of the investigation of the case.

Police blotter - a record or log where all types of operational and under coverdispatches shall be recorded containing the 5 "W" and 1 "H"(Who, What, Where, When, Why, and How of an information.

Spot report - refers to an immediate initial investigative or incident reportaddressed to higher headquarters pertaining to the commission of the crime, occurrence of natural or man-madedisaster or unusual incidents involving loss of lives and damage of properties.

Tactical interrogation report - the report rendered by an interrogator whichcontain the following information: 1. Personal and family background 2. Educational background 3. Professional background 4. Criminal activities,associates/armaments 5. Plans

Summary of information (SOI) - an intelligence report rendered regarding any illegal activity or violation of laws being observed by intelligence operatives within a given area of responsibility. This is the usual basis of case operations hence, information received should be cared, validated, countered checked, analyzed and evaluated.

Drug Education Definition of Terms

Acute tolerance - The development of tolerance within the course of a single exposure to a drug.

Addiction - Implies a very severe form of dependence, one involving an overwhelming compulsionfor the use of a particular drug.

Adulterant - Material used to increase the mass of acontrolled substance. Adulterants produce physiological effects and give the illusion that more controlled substance is present than its

actual content.

Alkaloid - One of a group of nitrogenous organic bases, especially one of vegetable origin, having a powerful toxic effect on animals and man, such as nicotine, cocaine, strychnine, or morphine.

Amitriptyline - A tricyclic antidepressant drug, found to impair skilledperformance and to be additive with ethanol in its adverse effects.

Amobarbital - A barbiturate derivative used as a sedative or hypnotic; available in ampules for intravenous or intramuscular injection for the control of seizures.

Amphetamine - A drug that is representative of a class of structurally related compounds known as phenethylamines. Basis of a group of hallucinogenic,habit-forming drugs that affect the central nervous system.The sale and use restricted to physicians; trade name Benzedrine.

Analgesic - Any drugs, such as salicylates, morphine, or opiates used primarily for the relief of pain.

Anaphylaxis - An allergic hypersensitivity reaction of the body to a foreign protein or drug.

Antidepressant - A drug, such as imipramine and tranylcypromine, that relieves depression by increasing central sympathetic activity.

Antisera - Injecting human serum into various animals, such as the horse, goat,sheep, rabbit, duck, hen, or guinea pig, can produce antihuman sera.

Antiserum - Any immune serum that contains antibodies active chiefly in destroying a specific infecting virus or bacterium.Barbiturate - A derivative of barbituric acid that produces depression of the central nervous system and consequent sedation.

Benzoylecognine - A cocaine metabolite.

Butabarbital - A short- to intermediate-acting barbiturate derivative.

Butalbital - An occasionally encountered short-acting barbiturate closely related to Talbutal and less closely to Amobarbital and Secobarbital. Intoxication can result in lethargy, confusion, disorientation, and ataxia.Cannabidiol - A constituent of cannabis, which, uponisomerization to atetrahydrocannabinol, has some of the physiologic activity of marijuana.

Cannabinol - (C21H26O2) A physiologically inactive phenol formed by spontaneous dehydrogenation of tetrahydrocannabinol from cannabis.

Cannabis - A genus of tall annual herbs in the family Cannabaccae having erect stems, with 3 to 7 elongated leaflets and pistillate flowers in spikes along the stem. Commonly known as marijuana or sometimesreferred to on the street as grass or pot.

Chronic - Persistent, prolonged, repeated.

Chronic effect - A pathologic process caused by repeated exposures over a period of long duration.

Chronic tolerance - The gradual decrease in degree of effect produced at the same blood concentration

in the course of repeated exposure to that drug.

Cocaine - A colorless to white crystalline powder. Used as a local anesthetic (medicine or dentistry), usually as the hydrochloride. Also known by street names, such as coke, snow, or freebase.

Codeine - A narcotic alkaloid that is used in medicine and cough syrups; highly toxic and habit-forming narcotic.

Concentration - The amount of a substance in a stated unit of a mixture or solution. Common methodsof stating concentration are percent by weight,percent by volume, or weight per unit volume.Amount of a drug in a unit volume of biological fluid, expressed as weight/volume.

Confirmatory test - Second test by an alternative chemical method for unambiguous identification of a drug or metabolite.

Crack - Concentrated form of cocaine, which is used in vapor form. It is smoked or inhaled through crackpipes. It is a highly addictive drug that causes psychotic behavior, which is often violent. Almost pure form of the drug cocaine hydrochloride, obtained from a shrub native to Bolivia and Peru. Itcan cause increased alertness and energy, runny nose, and decreased appetite when snorted, injected,or smoked.

Cut-off concentration - Concentration of a drug in aspecimen orsample used to determine whether the specimen or sample is considered positive or negative. In some circumstances it is recommended that the cut-off concentration should be set equal to the limit of detection.Depressants - Drugs that depress the action of the central nervous system such as phenobarbital, pentobarbital, and alcohol.

Designer drugs - Drugs that are produced illicitly by means of chemical technology.They can cause uncontrollable tremors, chills, or sweating and faintness and paranoia when injected or taken in pill form.

Diazepam - (valium) The second benzodiazepine derivative to have been approved for human usage hasbeen one of the most frequently prescribed drugs in the United States. It is administered as an antianxiety agent,muscle relaxant, or anticonvulsant.

Drug - Any natural or synthetic substance that is administered to produce specific physiological or psychological effects.

Drug abuse - The nonmedicinal use of a drug in a manner that is not socially acceptable.

Drug dependence - The primary hazard of the abusive use of drugs is the likelihood for some individuals to develop a “need” or compulsivedesire that may occur as a result of a psychological or a physical craving.Hallucinogens - Drugs like marijuana, LSD, PSP, and ecstasy that produce changes in mood, thought and perception.

Hashish - Purified resin prepared from the floweringtops of the female cannabis plant and smoked or chewed as a narcotic or an intoxicant.Impramine - The prototype of the tricyclic antidepressant drugs.Marijuana - Popular name for the dried flowers and leaves of Cannabis sativa.

Meperidine hydrochloride - A fine, white, odorless, crystalline powder; very soluble in water, soluble in alcohol, and used in medicine as a narcotic.

Methadone hydrochloride - A synthetic narcotic. Usedmedicinally as a sedative and also useful in treating heroin addiction.

Methamphetamine - Colorless, volatile liquid; characteristic strong odor and slightly burning taste. Highly toxic, flammable, as well as a dangerous fire risk. Basis of a group of hallucinogenic, habit-forming drugs that affect the central nervous system.

Morphine - White crystalline alkaloid, slightly soluble in water, alcohol, and ether; highly toxic, narcotic, habit-forming drug.

Mushroom - (Drugs) Umbrella-shaped fungus, some varieties of which contain a drug that can cause hyperventilation, tremors, and hyperactivity when the fungus is chewed, smoked, or ground and infused in water and drunk as a tea.Narcotic - Pharmacologically, any substance that produces narcosis, a stuporous state resembling sleep, and characterized by loss of sensation. Addictive substance that reduces pain, alters mood and behavior, and usually induces sleep or stupor.Opiates - Natural, semi-synthetic, or synthetic substances with morphine-like effects in the body. They are primarily employed as analgesics and can beconsidered narcotic in their effects.

Opium - A highly toxic plant alkaloid that is a habit-forming narcotic; one source of opium is morphine.

Overdose - An excessive dose of medicine or narcoticsubstance.Peyote - The common name for the small Mexican cactus, Lophophora williamsii,which contains the hallucinogen, mescaline.

Pharmacodynamics - The study of the relationship of drug concentration to drug effects.

Pharmacokinetics - The study of the time course of the processes (absorption,distribution, metabolism, and excretion) a drug undergoes in the body.

Pharmacologic - Relating to the study of drugs and their origin, natural properties,and effects on living organisms.

Phencyclidine (PCP) - Has an anesthetic activity andis manufactured legitimately for use as a veterinaryanesthetic. It has no legitimate use in humans because of its hallucinogenic actions. The effects on humansare considered euphoric, but at times depression or anxiety and aggressive behavior are produced. Commonstreet names are PCP, peace pill,hog, and angel dust.

Picking - Adherence of a drug to the face of the punch used to produce a tablet.Picking creates holesin the surfaces of pressed tablets, usually near letters such as A or R.

Propoxyphene - A mildly effective narcotic analgesic, somewhat less potent than codeine, that bears a close structural relationship to methadone.

Qualitative test - A test that determines the presence or absence of specific drugs or metabolites, proteins, or enzymes in the specimen orsample.

Quinine - Bulky, white, amorphous powder or crystalline alkaloid; very bitter taste; odorless and levorotatory. Used in medicine as an antimalarial drug.Secobarbital - A barbiturate derivative of short duration of action; used as either a sedative or hypnotic.

Solvent - A substance capable of dissolving another substance (solute) to form a uniformly dispersed mixture (solution) at the molecular or ionic size level.

Stimulants - Drugs that increase the activity of thecentral nervous system, creating feelings of confidence and energy. A drug that produces a temporary increase of functional activity or efficiency. A drug that increases alertness and motor activity and, at the same time, reduces fatigue, allowing the individual to remain awake foran extended period of time. It can cause weight loss, increased respiration and heart rate, blurred vision, and anxiety when snorted,injected, smoked, or swallowed in capsule, tablet, or pill form.

Strychnine - An alkaloid found together with the less active brucine in the seed of Strychnos nux-vomica, a tree indigenous to India. It is a potent central nervous system stimulant and convulsant, acting by the selective blockage of postsynaptic neuronal inhibition.

Substance abuse - Use of alcohol or drugs that results in adverse effects on the user. Substance abuse is a major health and social problem in the United States among adolescents.Tolerance - A state that develops after long-term exposure to a drug. Metabolic tolerance infers a faster removal and oxidation by the liver. Functional tolerance infers a change in sensitivity of the organ to the effects of the drug.

Fire Technology and Arson Investigation

Fire - exothermic reaction involving the oxidation of some substance (fuel) resulting inthe release of energy in the form of light and heat.

Fire Quadrangle

1. Fuel2. Oxygen3. Heat4. Ignition energy

Triangles of Fire

1. Fuel2. Oxygen3. Heat

- removal of any of these results in the suppression of the fire.

Some major products of combustion

1. water2. carbon dioxide3. carbon monoxide4. oxides of sulfur

Definition of terms

1. Vapor Density - the density of the vaporrelative to the density of air and is calculated by dividing the molecular weight of the gas by that of air.

2. Flash point - the lowest temperature at whichliquid fuel produces a flammable vapor.

3. Fire point/flame point - the lowest temperature at which liquid fuel produces a flammable vapor in sufficient quantity such that if a source of ignition is introduced, the vapor will ignite and is usually a few degrees above the flash point 4. Ignition/auto-ignition temperature - the temperature at which a fuel will ignite on its own with out any additionalsource ignition. 5. Thermal inertia - the ease at which a material can be ignited. 6. Heat release rate - is a measure of the amount of energy a specific type of fuel can contribute to the heat flux in a fire. 7. Heat transfer - the mechanism in whichfire can spread from its origin to other sources of fuel. Methods of heat transfer

1. Conductive/conduction heat transfer -

RA no.9514 - Revised Fire Code of the Philippines of 2008 (Dec. 19, 2008).

PD. 1185 - known as the fire code of the Philippines, was enacted into law 1977, repealed by RA no. 9514.

RA no. 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004.

BFP Powers/Functions

1. Preventions and suppression of all destructive fires on a. buildings b. houses c. other structure d. forest e. land transportation vehicles f. ships/vessels g. petroleum industry installations h. plane crashes and similar incidents 2. Enforcement of the Fire Code of the Philippines 3. Investigate all causes of fire 4. File proper complaints with the prosecutors office

note: Vessel/Ship must be docked at piers or wharves or anchored in major seaport.

BFP Organization

Headed by a Chief who shall be assisted by a Deputy Chief. It shall composed of a Provincial, District, City and Municipal stations.

In large provinces, district offices may be established to be headed by a district fire marshall.

In large cities and municipalities, district offices may be established withsubordinate fire stations headed by a district fire marshall.

There shall be at least one fire stationin every provincial, capital, city and municipality.

The local government unit shall provide the site of the fire station.

BFP Key Positions

The Chief of the Fire Bureau - rank is Director.

The Deputy Chief of the Fire Bureau - rank is Chief Superintendent.

Assistant Regional Director for Fire Protection - rank is Senior Superintendent.

District Fire Marshall of NCR District Offices - rank is Senior Superintendent.

Provincial Fire Marshall - rank is Superintendent.

District Fire Marshall of Province - rank is Chief Inspector.

Chief of City/Municipal Fire Station - rank is Senior Inspector.

heat is transferred by direct contact and the rate of transfer is dependent onfactors such as thethermal conductivity of the material and the temperature difference between the cooler and warmer areas.

2. Convective/convection heat transfer - transfer of heat through physical movement of materials and occurs only inliquids and gases. Hot gases rise and spread heat to nearby ceilings and walls.

3. Radiative/radiation heat transfer - heatis transferred if the form of electromagnetic energy directly from oneobject to another. ex. infrared radiation from the sun.

8. Combustion - or burning - is the sequence of exothermic chemical reaction between fuel and an oxidant accompanied by the production ofheat and conversion of chemical species. The result of the heat can result inthe form of either glowing or flame.

Glowing combustion - occurs when solid fuels are not capable of producing sufficient quantities of gas during pyrolysis to sustain a flame. If access to the oxidant (air) is limited, glowingcombustion may result.

Flaming combustion -commonly recognized type of fire and occurs with gaseous fuel sources only. The color of the flame can give some indication of the composition of the fuel.

Spontaneous combustion - the ignition oforganic matter with out apparent cause, typically through heat generated internally by rapid oxidation.A process whereby a material self heats.

Explosive combustion - can occur when vapors, dust of gases, premixed with appropriate amount of air are ignited.

Definition of Terms:

Arson - intentional or malicious destruction ofproperty by fire.

Fire analysis - the process of determining the origin, cause and responsibility as well as the failure analysis of fire or explosion.

Fire cause - the circumstances or agencies thatbring a fuel and an ignition source together with proper air or oxygen.

Fire spread - the movement of fire from one place to another.

Flash fire - a fire that spreads with extreme rapidity such as the one that races over dust, over the surface of flammable liquids or through gases.

Key Positions - Qualifications1. Municipal Fire Marshal - should have the rank of Senior Inspector. a. Must have finished at least 2nd year Bachelor of Laws or earned at least 12 units in a masters degree program in public administration, management, engineering, public safety, criminology or other related discipline. b. Must have satisfactory passed the necessary training of career courses for such position as may be established by the fire bureau.2. City Fire Marshal - should have the rank of Chief Inspector. a. Must have finished at least 2nd year Bachelor of Laws or earned at least 24 units in a masters degree program in public administration, management, engineering, public safety, criminology or other related disciplines. b. Must have satisfactory passed the necessary training or career courses for such position as may be established by the fire bureau.3. District Fire Marshal/Provincial Fire Marshal/ Assistant Regional Director for Administration/ Assistant Regional Director for Operations/ Chief of Directorial Staff - should have the rank of Superintendent. a. Must be a graduate of Bachelor of Laws or a holder of a Masters degree in public administration, management, engineering, public safety, criminology, or other related disciplines. b. Must have satisfactory passed the necessary training or career courses for such position as may be established by the fire bureau.4. District Fire marshal for the NCR/Regional Director for Fire Protection/Director of the Directorate of the National Headquarters Office - should have at least the rank of Senior Superintendent. a. Must be a graduate of Bachelor of Laws or a holder of masters degree in public administration, management, engineering, public safety, criminology, or other related disciplines. b. Must have satisfactory passed the necessary training or career course for such position as may be established by the fire bureau.5. Deputy Chief for Administration and Deputy Chief for Operation of the Fire Bureau - should have the rank of Chief

Fuel load - the total quantity of combustible contents of the building, spaces or fire area, including interior finish and trim expressed inheat units or the equivalent weight in wood.

Point of origin - the exact physical location where a heat source and fuel comes in contact with each other and a fire begins.

Rekindle - a return to flaming combustion afterincomplete extinguishment of a fire reigning atsome time after being put out.

Spalling - chipping or pitting of concrete or masonry surfaces.

Definition of terms - (RA no.9514)

Abatement - any act that would remove or neutralize fire hazard.

Administrator - any person who acts as agent ofthe owner and manages the use of a building forhim.

Blasting Agent - any material or mixture consisting of a fuel and oxidizer used to set off explosives.

Cellulose nitrate or Nitro cellulose - a highlycombustible and explosive compound produced by the reaction of nitric acid with a cellulose material.

Cellulose nitrate plastic (Pyroxylin) - any plastic substance,materials or compound having cellulose nitrate as base.

Combustible/Flammable or Inflammable - Descriptive of materials that are easily set onfire.

Combustible fiber - any readily ignitable and free burning fiber such as cotton,oakum,rags,waste cloth,waste paper,kapok,hay,straw,Spanish moss,excelsior,and other similar materials commonly used in commerce.

Combustible liquid - any liquid having a flash pointat or above 37.8 degrees Celsius or 100 degrees Fahrenheit.

Corrosive liquid - any liquid which causes firewhen in contact with organic matter or with certain chemicals.

Curtain board - a vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separatecompartmentsso that heat and smoke will be directed upwardsto a roof vent.

Cryogenic - descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings.

Damper - a normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire.

Distillation - the process of first raising the temperature to separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to

superintendent. a. Must be a member of the Philippine Bar or must be a holder of a masters degree in public administration, management, engineering, public safety, criminology or other related disciplines. b. Must have satisfactory passed the necessary training or career courses as may be established by the fire bureau.6. Chief of the Fire Bureau - should have the rank of Director. a. Must be a member of the Philippine Bar or a masters degree in public administration, management, engineering, public safety, criminology or other related discipline. b. Must satisfactory passed the necessary the training or career courses for suchposition as may be established by the fire bureau.

produce as nearly purified substance.

Duct system - a continuous passageway for the transmission of air.

Dust - a finely powdered substance which when mixed with air in the proper proportion and ignited will cause an explosion.

Electrical arc - an extremely hot luminous bridge formed by passage of an electric currentacross a space between two conductors or terminals due to the incandescence of the conducting vapor.

Ember - a hot piece or lump that remains after a material has partially burned and is still oxidizing without the manifestation of flames.

Finishes - materials used as final coating of asurface for ornamental or protective purposes.

Fire - the active principle of burning characterized by the heat and light of combustion.

Fire Trap - a building unsafe in case of fire because it will burn easily or because it lacksadequate exits or fire escapes.

Fire Alarm - any visual or audible signal produced by a device or system to warn the occupants of the building or the fighting element of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire.

Fire door - a fire restrictive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - any condition or act which increases or may cause an increase in the probability of the occurrence of fire or which may obstruct,delay,hinder or interfere with firefighting operations and the safeguarding oflife and property.

Fire Lane - the portion of a roadway or public way that should be kept opened and unobstructedat all times for the expedient operations of firefighting units.

Fire Protective and Fire Safety Device - any device intended for the protection of buildingsor persons to include but not limited to built inprotection system such as sprinklers and other automatic extinguishing system,detectors for heat,smoke and combustion products and other warning system components,personal protective equipment such as fire blankets,helmets,fire suits,globes and other garments that may be put on or worn by persons to protect themselves during fire.

Fire Safety Constructions - refers to design and installations of walls,barriers,doors,windows,vents,means of egress etc. integral to and incorporated into abuilding or structure in order to minimize danger to life,from smoke,fire,fumes or panic before the building is evacuated.

Flash Point - the minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture withair.

Forcing - a process where a piece of metal is heated prior to changing its shape or dimensions.

Fulminate - a kind of stable explosive compoundwhich explodes by percussion.

Hazardous operation/process - any act of manufacturing, fabrication, conversion etc., orproduces materials which are likely to cause fires or explosions.

Horizontal exit - passage way from one buildingto another or through or around a wall in approximately the same floor level.

Hose Box - a box or cabinet where fire hoses, valves and other equipment are stored and arranged for firefighting.

Hose Reel - a cylindrical device turning on an axis around which a fire hose is connected.\.

Hypergolic fuel - a rocket or liquid propellantwhich consist of combinations of fuels and oxidizers which ignite simultaneously on contact with each other.

Industrial Baking and Drying - the industrial process of subjecting materials to heat for thepurpose of removing solvents or moisture from the same and,or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated.

Jumper - a piece of metal or an electrical conductor used to bypass a safety device in an electrical system.

Occupancy - the purpose for which a building orportion thereof is used or intended to be used.

Occupant - any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance ofthe latter.

Organic Peroxide - a strong oxidizing organic compound which release oxygen readily. It causes firewhen in contact with combustible materials especially under conditions of high temperature.

Overloading - the use of one or more electricalappliances or devices which draw or consume electrical current beyond the designed capacityof the existing electrical system.

Owner - the person who holds the legal right ofpossession or title to a building or real property.

Oxidizing Material - a material that readily yields oxygen in quantities sufficient to stimulate or support combustion.

Pressurized or Forced Draft Burning Equipment -type or burner where the fuel is subjected to pressure prior to discharge into the combustionchamber and /or which includes fans or other provisions for the introduction of air above normal atmosphere pressure into the same combustion chamber.

Public Assembly Building - any building or structure where 50 0r more people congregate, gather or assemble for any purpose.

Public Way - any street, alley or other strip of land unobstructed from the ground to the sky, dedicated for public use.

Pyrophoric - descriptive of any substance that ignites spontaneously when exposed to air.

Refining - a process where impurities and,or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.

Self Closing Doors - automatic closing doors that are designed to confine smoke and heat anddelay the spread o fire.

Smelting - melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.

Sprinkler System - an integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire.

Standpipe System - a system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlet as needed.

Vestibule - a passage hall or ante chamber between the outer doors and the interior parts of a house or building.

Vertical Shaft - a enclosed vertical space of passage that extends from floor to floor as well as from the base to the top of the building.

Dictionary of terms in criminology

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