PERCEPTION OF THE INMATES OF BUKIDNON PROVINCIAL DETENTION AND REHABILITATION CENTER ON THE

ADHERENCE OF BUKIDNON PNP PERSONNEL ON THE PROVISIONS OF R.A 7438

_____________________________

A Thesis Presented toThe Faculty of the Criminology

Graduate SchoolCAGAYAN DE ORO COLLEGECarmen, Cagayan de Oro City

___________________________________

In Partial Fulfilment of the Requirements for theDegree Master of Science in Criminology

Major in Police Science

____________________________________

By:

NYMIA M. RAVIDASMARCH 2009

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APPROVAL SHEET

In partial fulfilment of the requirements for the degree MASTER OF SCIENCE IN CRIMINOLOGY Major in Police Science, This thesis final entitled. "PERCEPTION OF THE INMATES OF PROVINCIAL DETENTION AND REHABILITATION CENTER ON THE ADHERENCE OF BUKIDNON PNP PERSONNEL ON THE PROVISIONS OF R.A 7438”, Prepared and submitted by NYMIA M. RAVIDAS, has been examined, and recommended for acceptance for Oral Examination.

GERRY J. CAÑO, Ph.D. Mentor

_________________________________________________________________

Panel of Examiners

Approved by the Committee on Oral Examination with the grade of ___________.

MANUEL V. JAUDIAN, Ph.D.Chairman

ZENAIDA G. GERSANA, Ph.D ROGER G. ABADAY, Ph.D. Member Member

CHED Representative

Accepted and Approved in partial fulfilment of the requirements for the Degree Master of Science in Criminology Major in Police Science.

MANUEL V. JAUDIAN, Ph.D.Dean, Criminology Graduate Studies

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Title : “Perception of the Inmates of Bukidnon Provincial Detention and

Rehabilitation Center on the Adherence of Bukidnon PNP Personnel

on the Provisions of R.A 7438.”

Total Number of Pages : 118

Text Number of Pages : 101

Researcher : Nymia M. Ravidas

Type of Document : Unpublished

Host Institution : Phinma Educational Network

Address : Carmen, Cagayan de Oro City

Region : Region 10

Key Word : Adherence among the Members of the Bukidnon PNP

Personnel on the Provisions of R.A 7438

ABSTRACT:

The study sought to determine the level of adherence the Bukidnon PNP

Personnel on the Provisions of R.A 7438, the rights of persons under custodial

investigation as perceived by the inmates of Provincial Detention and

Rehabilitation Center of Malaybalay City, Bukidnon. The study hoped to provide

information as basis for the Bukidnon Police Provincial Office, the Law

Enforcement Agency of the Government, the Judiciary System to improved and

correct some loopholes in our penal laws and the proper protection of individual’s

rights during custodial investigation and for the future masters degree students, so

they would be able to improved or used this study for the betterment of the society.

Summary

The main objective of this study was to ascertain/determine the level of

adherence on the Bukidnon PNP Personnel on the Provisions of R.A 7438, rights

of person arrested or under custodial investigation as perceived by the inmates of

Provincial Detention and Rehabilitation Center, of Malaybalay City, Bukidnon.

The respondents of this study are the whole population of the inmates of

the Provincial Detention and Rehabilitation Center of Malaybalay City, which

represents the 20 Municipalities of Bukidnon.

The survey instrument was devised to generate the profile of the

respondents as to their age, sex, civil status, educational attainment, types of

crime committed, duration of confinement, number of times arrested and the

number of times investigated and to determine the respondents assessment on

the adherence of the among the members of Bukidnon PNP Personnel on the

custodial rights of a person arrested, the right to remain silent, the right to know

the nature and cause of accusation, the right to have a counsel, the right against

threat, violence and intimidation and the right to held in secret detention cell.

The respondents rated the police officers as strongly adhered, moderately

adhered, sometimes adhered and seldom adhered.

Statistical tools were frequency, percentage, standard deviation, mean

deviation and t-test for the difference among means. Descriptive analysis was

used in interpreting and analysing the data collected.

Findings

Majority of the respondents are males, age ranges from 26-35 years old

with elementary education. Most of them are single and murder crime is the

majority among the crimes committed by the respondents and as to the number of

crimes investigated and the number of crimes arrested majority are committed the

crime only once.

The adherence of the PNP Personnel on the right to remain silent to the

respondents were rated “sometimes adhered” with the over all mean of 1.61: the

right to know the nature and cause of accusation were also rated “sometimes

adhered” with a mean of 1.82: the right to have a counsel were rated “sometimes

adherence” with a mean of 1.84: the right against threat, violence and intimidation

were also rated “sometimes adhered” with a mean of 1.84: and the right to held in

secret detention cell were rated “moderate adhered” with a mean of 2.93.

Generally the adherence level of the PNP Personnel to the custodial rights of the

accused was “sometimes adhered”.

As divulged, all the independent variables and independent variables did

not significantly establish any differences as shown in the correlation coefficient

r=.025, taken as a whole variation in adherence accounted for by the socio-

demographic characteristics is only .06%.

The total significant, No Significant Differences t=-.12 in the adherence to

the right of single and married arrested/detained person among the members of

the PNP officers in Bukidnon PNP Personnel on their custodial rights. The

negative sign t=-.12 implies that married respondents has the higher

assessment/perception to the adherence of among the members of the PNP in

Bukidnon on their custodial rights.

Conclusion

The findings drawn from the study is that, there is no significant difference

in the perception of the respondents in the level of adherence by the Bukidnon

PNP Personnel when grouped according to sex, age, civil status, educational

attainment, types of crime committed, duration for confinement, number of times

arrested and number of times investigated by the police and the adherence of the

rights of person arrested were “sometime’ adhered, the right to know the nature

and cause of the accusation were also “sometimes” adhered, the right to have a

counsel were “moderate” adhered to both single and married respondents, the

right to be held in secret detention cell were “moderate’ adhered and the right

against violence, intimidation and threat were raged form “sometimes to

moderate”, the assessment when the respondents were grouped into single and

married respondents has no significant differences, there were no significant

differences on the perceptions of the respondents on the level of adherence of

Bukidnon PNP Personnel on the provisions of R.A 7438,the rights of person

arrested when group according to demographic profile and experiences and lastly

there were no significant differences on the perceptions of the respondents on the

level of adherence of Bukidnon PNP Personnel on the rights of person under

custodial investigation as perceived by the inmates of Provincial Detention and

Rehabilitation Center when grouped according to single and married

arrested/detained persons.

Recommendations

Based on the findings and conclusions the researcher would like to

recommend that the Bukidnon PNP Personnel should memorized by heart and

bear in mind that the custodial rights of the accused should always be uplifted and

emancipated during the arrest.

Recruitment procedure for the newly PNP Personnel should be those who

have knowledge in laws or if possible criminologist should be given the first

priorities.

All Criminology Schools in the country should include the Miranda

Doctrine/Custodial rights of the accused in their curriculum.

The Philippine Public Safety College Instructor should always emphasize

and conduct module of instructions and educate trainees the relevance of the

custodial rights of the accused.

Republic Act 7438 should strengthen and imposed strict penalties for

violation of the custodial rights of the accused.

The National Police Commission should follow-up and monitor cases

involving violation of the custodial rights of the accused by the PNP Personnel.

The Philippine National Police itself should make programs, such as

seminars, retraining courses that include the custodial rights subject and its

relevance to policing.

The researcher come-up with this recommendation, probably to enhanced

the level of adherence among the members of the PNP Personnel such as; Police

Personnel should hold their emotions of dealing accused individual particularly

those who have arrested for several times because most of those who arrested

fails to be informed of their constitutional rights, due for a fact that they already

arrested the person for several times, no need to reiterate the their custodial rights

according to some police officers which is wrong, this practiced should be

eliminated for betterment of the Philippine policing system; police officers should

always bear in mind that the family members and relatives of the accused always

be given the opportunity to see/visit and should not solely detain in a secret

places/detention without the benefits of availing those rights particularly those

single detainees/accused.

During Individual Personal Evaluation Rating and Interview for promotion,

actual demonstration of the MIRANDA doctrine should be done.

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ACKNOWLEDGEMENT

The author would like to convey her profound and sincere appreciation and

heartfelt gratitude to the following persons who directly or indirectly have given

assistance and encouragement that paved the way in materializing this piece of

work to make her study possible.

The Dean of the Criminology Graduate Program, Dr. Manuel Vallar Jaudian

for his untiring support and encouragement to pursue her study.

Dr. Gerry J Caño, her mentor, who guided and supported her through all

the way with her study.

Dr. Generita Hebron, for her benevolent guidance and countless supports

Engr. Marillen Ll. Maglaque for her golden pieces of advice and corrections

To her friends, Mr Hermogenes P. Malagamba, Mrs Juvy U. Bote Ms.

Josephine Dacayana for their invaluable opinions, support for the improvement of

her study.

The Philippine College Foundation President, Dr. Adela P. Pagonzaga. The

Board of Trustees, for their financial support and understanding.

The PCF Faculty and Staff, for lending their computer and printer.

All PDRC personnel, whose names were not mentioned but have shared

thoughts and solace in improving the study.

All the Faculty and Staff of the Criminology Department of COC for their

comments and suggestions for the improvement of the study.

Grateful recognition also extended to her sister Ruby Ravidas Galope for

her guidance and support financially and spiritually in continuance of this study

Her nieces Kresel and Rachel who helped her in tabulating the questionnaires

The detainees of the PDRC who gave time, patience and support in answering the

questionnaires

and to a very special person of the author’s life Joel Diadula Malikse for

his full support all through the process of this study.

Without them, this humble piece of work would have remained only in the

author’s nostalgic dream.

NYMIA M. RAVIDAS

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DEDICATION

This work is specially dedicated to my family for their untiring support;

financially, morally and spiritually

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TABLE OF CONTENTS

CHAPTER TITLE PAGE

Approval Sheet i

Abstract ii

Acknowledgment iii

Dedication iv

Table of Contents v

List of Tables vi

List of Figures vii

List of Appendices viii

I Introduction 1

Conceptual Framework 6

Statement of the Problem 13

Hypothesis 15

Significance of the Study 15

Scope and Limitation of the study 17

Definition of terms 17

II Review of Related Literature 21

and Studies

III Research Methodology 40

Research Design 40

Research Setting 40

Respondents and Sampling Procedure 43

Research Instrument 43

Validation of Instrument 44

Scoring procedure 44

Statistical Treatment 45

IV Finding, Analysis and 46

Interpretation of Data

V Summary, Conclusion and 74

Recommendation

Summary of the Study 74

Findings 75

Conclusion 76

Recommendation 77

BIBLIOGRAPHY 79

APPENDICES 82

1.1 Letter Request to the Governor 83

1.2 Approval Letter from the Governor 84

1.3 Letter to the Provincial Warden 85

1.4 Approval Letter from the Provincial Warden 86

1.5 Letter for the Respondents (English Version) 87

1.6 Letter for the Respondents (Visayan Version) 88

1.7 Questionnaire for the Respondents (English Version) 89

1.8 Questionnaire for the Respondents (Visayan Version) 95

CURRICULUM VITAE 100

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LIST OF TABLES

TABLE TITLE PAGE

TABLE TITLE PAGE1.1 Distribution of Respondents According to Sex 46

1.2 Distribution of Respondents According to Age 47

1.3 Distribution of Respondents According to Civil Status 48

1.4 Distribution of Respondents According to Educational Attainment

49

1.5 Distribution of Respondents According to Types of Crime Committed

50

1.6 Distribution of Respondents According to Duration of Confinement

51

1.7 Distribution of Respondents According to the Number of Times Arrested by the Police

52

1.8 Distribution of Respondents According to the Number of Times Investigated

53

2.1 Adherence of the Bukidnon PNP Personnel on the Right of the Arrested Person in Terms of the Right to Remain Silent

54

2.2 Adherence of Bukidnon PNP Personnel on the Right of Person Arrested in Terms of theRright to Know the Nature and Cause of the Accusation

56

2.3 Adherence of Bukidnon PNP Personnel on the Right to Person Arrested in Terms the Right to have a Counsel

57

2.4 Adherence of the PNP Personnel on the Right of Person Arrested in Terms of Right Against Threat, Violence or Intimidation

59

2.5 Adherence of the PNP Personnel on the Right of Person Arrested in Terms of the Against being Held in Secret Detention Cell

61

2.6 Summary Table for Problem 2 62

3.0 Correlation of demographic Characteristics of the Respondents with the Adherence of Bukidnon PNP Personnel to the rights of Persons under Custodial Investigation

63

4.0 Comparison of Single and Married Respondents of their Perception to the Level of Adherence of Bukidnon PNP

69

Personnel of the Rights of Person Under Custodial Investigation

LIST OF FIGURES

FIGURE TITLE PAGE

1.1 Schematic Diagram Showing the 12

Relationships of the Profile of the

Respondents and the Rights Under

Custodial Investigation

1.2 Map of the Province of Bukidnon 42

Showing the Locations of the Different

Municipalities were the Respondents

Originated