Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Investigation Defined
Tools of an Investigator in Gathering Facts
Phases of investigations
Standard Methods of Recording Investigative Data
Scientific Examination of Real Evidence
Investigators Notebook
Interview
Custodial Investigation/ Interrogation
A. Arrest
Arrest Defined
Who are Exempt from Arrest
Duty of Arresting Officer
Techniques in Making Arrest
Life of a Warrant of Arrest
When Arrest may be Legally Effected
Planning the Arrest
Who may Execute Arrest
How to Effect Arrest
Territorial Effectivity of a Warrant of Arrest
Duty of Person Making an Arrest Without a Warrant
Periods Within Which Person Arrested Without A Warrant
Should be Charged in the Proper Forum
Right of Attorney or Relative to Visit Person Arrested
Medical Examination of Arrested Person/Suspect
Summoning Assistance for Arrest
Right of Person Arrested (Miranda Doctrine)
C. Raids
Raid Defined
Objectives
Factors Affecting Success or Effectiveness of Raid
Composition of a Raiding Party
Duties of Goin-In Detail or Entering Party
Undertakings
Planning the Raid
Raid Operation
Coordination With Local Station Commander
Donts in Raid
Disposition of Seized Items
Item to be Seized and Disposition of Seized items
Mugshots and Fingerprint
Accomplishment of National Crime Reporting system (NCRS)
Reports on Arrested Persons
D. Inquest
Concept
Commencement and Termination of Inquest
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Inquest Procedure
D. UNDERCOVER INVESTIGATION
Preparation of Undercover Work
Factors to consider
General and Specific Qualifications
Authority for Undercover Operations
Background or cover Story
Role of Undercover Operative
Reminders to the Undercover Operative
E. SURVEILLANCE
In General
Definition
Objectives of Surveillance
Shadowing of Trailing
Tactics
Note
Roping
Arrest of Undercover Agent
Preparation and Supervision of Discreet Surveillance
A. RESCUE OF MINORS
Applicable Laws
Investigative Procedure
Common Problems
B. SEX CRIMES
Preliminary Note
Salient Principles of Sex Crimes
The Sex Crime Investigator
Analysis and Evaluation of Every Complaint
Investigative Techniques
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Without Funds
The Bouncing Check Law
I. ARSON INVESTIGATION
Arson Investigation
Law and Jurisprudence
Preliminary Investigation
Questioning Principal Suspects
Motives
Reporting Arson Investigation
Preliminary Report
Final Report
J. INVESTIGATION OF BOMBINGS
Preliminary Remarks
Interview and Interrogation
Follow-up Police Activity
Motive
Guide to Explosives Investigation
Safety Precautions for the Handling of Home-Made Bombs
Preliminary Statement
Initial Steps
Control Action
Disposal
Moving the Bomb
Types of Explosives Used in the Construction of Home-Made Bombs
N. DISASTERS-IDENTIFICATIONS PROBLEMS
Introduction
Specific Police Duties
Necessity for Positive Identification of Deceases
Organization of Disaster identification Team
Recovery of Bodies
Centralized Receiving Morgue
Preliminary Body Examination
Morgue Administration
Establishing Positive Identity
Special Problems
Importance of Fingerprinting
O. ANTI-SMUT OPERATIONS
Applicable Laws
Investigative Procedures
Decide Cases
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Applicable Laws
Investigative Procedures
A. DEFINITION
A. BILL OF RIGHTS
Probable Cause
Particularity of Description
Exclusionary Rule
Person Protected/Custodial Investigation
Right to Counsel
Coerced Confessions and Admissions
Right to Bail
Distinction between Life Imprisonment
B. WARRANTLESS ARREST
When right is voluntarily waived as an incident to lawful arrest Search of vessels
and aircraft in violation of immigration and customs laws Searches of automobiles at
borders for violation of immigration and smuggling laws Inspection of buildings/etc., for
the enforcement of fire, sanitary and building regulations In plain view doctrine Area
target zoning and saturation drives a valid exercises of police powers of the President
Under urgency and exigency situations
APPENDICES:
A. LAWS, STATUTES
B. REPORT FORMATS
C. REFERENCES
D. GLOSSARY
CHAPTER I
In the performance of his duties, the investigator must seek to establish the six
(6) cardinal points of investigation, namely: what specific offense has been committed;
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how the offense was committed; who committed it; where the offense was committed;
when it was committed; and why it was committed.
In improving the guild of the accused in court, the fact of the existence of
the crime must be established; the defendant must be identified and associated
with the crime scene; competent and credible witnesses must be available; and
the physical evidence must be appropriately identified. The proof of guild will
depend on the establishment of the essential elements of the crime. The
investigator must know by heart the elements of specific crime.
6. Investigators Notebook.
a. Purpose: Considering the mass of details and the number of cases which in
some instances an investigator is handling, it is very possible that he might forget
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some details. Many of the details associated with the investigation, while not
essential to the report, might become points of interest to the court when the
case is brought to trial. Experienced investigators employ a handbook to record
the relevant details of the case.
During trial, the court allows investigators to consult their notes to refresh their
memory.
b. Recording Note: The data of the investigation should be recorded in a
complete, accurate and legible fashion so that in the event another investigator is
required to assume the responsibility for the investigation, he can make
intelligent use of the notebook.
CHAPTER II
ARREST, RAID,SEARCH AND SEIZURE & INQUEST PROCEDURES
A. ARREST
1. Arrest Defined Arrest is the taking of a person into custody so he can
answer for the commission of an offense.
3. Duty of Arresting Officer. It shall be the duty of the officer executing the
warrant without unnecessary delay to arrest the accused and to deliver him to the
nearest police station or jail.
b. Methods of Arrest:
i. With warrant of arrest the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant has
been issued for his arrest, except when he flees or forcibly resist
before the officer has opportunity so to inform him or when the
giving of such information will imperil the arrest. The officer need
not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrants
shall be shown to him as soon as practicable.
ii. Without a warrant of arrest The officer shall inform the person
to be arrested of his authority and the cause of his arrest, unless
the person to be arrested is then engaged in the commission of an
offense or is pursued immediately after its commission or after an
escape, or flees or forcibly resists before the officer has opportunity
so to inform him, or when the giving of such information will imperil
the arrest.
c. Investigators/operatives conduct.
i. Be natural and pleasant but forceful and aggressive.
ii. Dominate the situation.
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iii. Voice must command authority
iv. Demand prompt and absolute obedience.
v. Nervousness should be controlled.
vi. Avoid acting tough as the subject will be the first to detect it.
vii. Avoid profanity (this reflects personality weakness).
viii. Avoid being reticent or apologetic.
ix. Avoid unnecessary conversation.
x. Investigator in charge does the talking and gives the commands.
5. Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within the
statutory period, remains valid unless recalled by the issuing court, or if the accused is
arrested or has voluntarily submitted himself to the jurisdiction of the issuing court,
unlike a search warrant which has a lifetime of only ten (10) days from its date of
issuance.
8. Who May Execute Arrest. Among others, members of the PNP and the NBI
may effect arrests.
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a. In General. An arrest is made by an actual restraint of the person to be
arrested, or by his submission to the custody of the person making the
arrest.
No violence or unnecessary force shall be used in making an arrest, and
the person arrested shall not be subjected to any greater restraint than is
necessary for his detention. (Sec. 2, Rule 113)
b. Making the Arrest.
i. Use good judgment in connection with the arrest.
ii. Assume that the subject is armed and will take your life if given
an opportunity.
c. Arrest on the Street.
i. This should be made from the side or rear when possible.
ii. Subject should be forced toward a building
iii. Avoid congested areas when possible.
d. Arrest at Home, Office or Business Establishment.
i. Restrict the subjects movement. Do not grant request for
personal privileges before being searched.
ii. Clothing and other things requested should be examined for
weapons or items of evidence before turning them over to the
subject.
11. Duty of Person Making an Arrest Without a Warrant. Any person making an
arrest on legal grounds shall, without unnecessary delay and within the time prescribed
under Art. 125 of the Revised Penal Code, take the person arrested to the proper court
or judge for appropriate action. However, it is not the physical delivery of the arrested
person that is required under Art 125 of the RPC, but the filing of an information against
the arrested person in the proper court, where the judge has the authority to issue an
order of release or of confinement.
12. Periods Within Which Person Arrested Without a Warrant Should be Charged
in the Proper Forum. Executive Order No. 272, dated 25 July 1987, amended Article
125 of the Revised Penal Code by extending the period authorized to detain a person
prior to delivery to the judicial authority, to wit: six (6) to twelve (12) hours for crimes or
offenses punishable with light penalties; nine (9) to eighteen (18) hours for crimes or
offenses punishable with correctional penalties; and eighteen (18) to thirty six (36) hours
for crimes or offenses punishable with afflictive or capital penalties.
13. Right of Attorney of Relative to Visit Person Arrested. Any member of the bar
shall, at the request of the person arrested or of another on his behalf, have the right to
visit and confer privately with such person, in jail or any other place of custody at any
hour of the day or, in urgent cases, of the night. This right shall be exercised by any
relative of the person arrested to reasonable regulation (Sec. 14, Rule 113) Executive
Order No. 155, dated March 1987, amending Republic Act No. 857, penalizes any
public officer who deprives a person of his right to counsel. The penalty shall be prison
correctional or imprisonment of 6 months and 1 day to 6 years.
15. Summoning Assistance for the Arrest. Any officer making a lawful arrest may
verbally summon as many as he deems necessary to aid him in making the arrest.
Every person so summoned shall aid him in the making of such arrest when he can
render such aid without detriment to himself (Sec 10, ibid)
16. Right of Person Arrested. Republic Act No. 7438 states the right of a person
arrested, detained or under custodial investigation. (Appendix A)
B. SEARCH
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1. Search Defined. Search is an examination of an individuals person, house
papers or effects, or other buildings and premises to discover contraband or some
evidence of guilt to be used in the prosecution of a criminal action.
3. Item to be Seized. A search warrant may be issued for the search and seizure
of the following personal property:
a. Property subject of the offense;
b. Property stolen of embezzled and other or fruits of the offense and
c. Property used or intended to be used for committing an offense. (Sec 2,
ibid)
4. Probable Cause Required for Search Warrant. Probable cause means that
sufficient facts must be presented to the judge issuing the warrant to convince him that
circumstances sufficiently establish the need for the issuance of the warrant.
7. How to Serve a Search Warrant. A search warrant must be served within ten
(10) days from its date (thereafter, it shall be void) Sec 9, Rule 126) in the following
manner:
a. The police officer concerned must go to the place indicated in the
search warrant and take the things described therein, in the presence of at
least one competent witness who is a resident of the neighborhood. If he
is refused admittance to the place of search after giving notice of his
purpose and authority, he may force himself in to execute the warrant; and
if he is detained therein, he may force himself out to liberate himself. (Sec
6, ibid)
b. The search must be made at daytime, unless otherwise stated (Sec. 8,
ibid)
c. The officer seizing the property must issue a detailed receipt of the
things seized to the person in whose possession it was found, or in the
absence of such person, he must, in the present of at least one witness,
leave such receipt in the place where such things was seized. (Sec .10,
ibid)
i. In compliance with this procedure, it has been standard practice
to issue a RECIEPT FOR PROPERTY SEIZED (See Apendix A)
after a seizure. The receipt is signed by the seizing officer only and
two witnesses. Recent Supreme Court decision, however, declare
that such receipt when signed by the accused, is in effect an
extrajudicial confession of the commission of the offense charge.
(People v de las Marinas, G.R. No. 87215, 30 Apr 91; and People v
Mauyao, G.R. No. 84525, 6 Apr 92). Consequently, if the accused
does not sign such receipt, it may still be used in evidence.
Moreover, if the accused DID in fact sign the receipt, but he signed
it with the assistance of a lawyer of his choice, that act would
constitute a valid waiver of his right against self-incrimination.
ii. It must be noted that in the cases cited above, the crime charged
is possession of prohibited drugs. Thus, the signature of an
accused on the receipt is a declaration against interest and a tacit
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admission of the crime charged, as mere unexplained possession
of prohibited drugs is punishable. The doctrine is therefore not a
hard and fast rule as far as the Receipt for Property Seize is
concerned. If the crime charged is possession of unlicensed
firearms, for example, the doctrine would apply. In other cases, it
will not apply.
iii. Another document which is madder after a search is a
CERTIFICATION OF PROPERTY SEIZED (See Appendix B).
This is signed by the owner of the seized property, and would seem
to fall more under the court pronouncement above than the
Receipt for Property Seized does.
d. As much as possible, during the opening of safes, drawers, cabinets,
tables, etc., the lifting of the articles should be done by the owner of the
house or his authorized representative, or by immediate members of his
family, to preclude any suspicion of theft of planting of evidence.
e. Thereafter, the officer must immediately deliver the things or property
seized to the judge who issued the warrant, together with an inventory
duly verified under oath. (Sec 11, ibid.)
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ii. The subjects feet must be extended back away from the wall as far as possible.
Spread them far apart as possible , toes pointed out. Buttocks should not be on an
arched position.
iii. The subjects head should be down or bowed at all times.
iv. Mechanics in executing the Wall Search:
1. If there is only one subject, the leader of the search should place himself at
one side, while his subordinate is on the other side;
2. To search the other side, the subordinate should move to the opposite side;
3. If there are two or three subjects, move one subject to be searched on the
wall, but out of reach of the others;
4. Search both sides of subject, the leader conducting the searches and the
subordinate guarding the other subjects;
5. Move one subject at a time;
6. Subjects head should be down at all times;
7. the subordinate should concentrate on the actions of the subject and not the
action of the leader;
8. When there are more than three subjects, additional personnel should be
summoned;
9. In serious apprehensions, the searcher should hold his weapon in ready
position throughout the search;
10.The body must be searched systematically with the foot of the searcher place
tightly against subjects foot, right with right, left with left, anklebone against anklebone;
11.Remove any object found, then examine the palm of the palm of the hand,
including between the fingers.
b. Standing Search.
i. Raise subjects hand over his head and spread his feet far apart
as possible.
This is not recommended because the subject is in the onbalance
position.
c. Kneeling Search.
i. Subject kneels on the ground with hands raised over his head.
This is also discouraged for the same reason as the standing
search.
d. Prone Search.
i. Subject lies on his stomach with arms and legs outstretched.
ii. Subject has both arms and legs free and is at all times in an on
balance
position.
iii. Front part of clothing cannot be searched.
iv. This can extremely dangerous if the subject has knowledge of
judo.
b. When applying handcuffs, give the following orders to the subject and
follow this procedure:
i. First Order: Take your right hand off the wall and place it on your
back. Fasten the handcuff to this hand and firmly hold the other
handcuff.
ii. Second Order. Move up and put your hand against the wall.
Allow the subject to move closer to the wall, making certain his feet
remain back far enough to keep him off-balance.
iii. Third Order: Take your other hand off the wall and place it on
the small of your back. Fasten the other handcuff and double-lock
both handcuffs.
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iv. Final Order: Stand up and face the wall. Help the subject in
doing this.
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f. Execution.
9. Planning the Raid. The success of a raid depends upon intelligent planning and
competent implementation. To achieve the necessary element of surprise, the operation
must be performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a
reconnaissance/surveillance of the place should be conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the raiding party, the
tactics to be employed, the equipment and transportation to be used, the
evaluation of possible danger points, and the optimum time to be selected should
be stressed.
e. Things to consider when planning a raid:
i. Need for surveillance.
ii. Number of individuals to be apprehended. Are they armed? With what?
If uncertain, assume they are armed.
iii. Are photographs and descriptions of subjects available for use in the
briefing?
iv. Determine the physical structure of the place where the criminals are
located.
v. Determine all possible escape routes.
vi. Need to discreetly photograph the place and immediate area
vii. Type of neighborhood where the hideout is located.
viii. Volume and kind of activities in the neighborhood at various times (to
determine the most desirable time to conduct the raid).
ix. Street plans of neighborhood for possible road blocks.
x. Do the men have confidence in the ability of the raid leader?
xi. Consider:
. Speed in moving into position and the execution of the plan.
. Surprise catch subjects off-guard.
. Simplicity plan that is easy to remember and understand; this avoids
confusion.
xii. Consider the dividing the raiding party into:
. Cover group: moves into position on first, covers advance of raiding
group and avenues of escape.
. Raid group: disarms and restrains subjects, searches premises secures
evidences, etc.
xiii. Does every member of the raiding groups know the raid plan
completely? The identities and duties of all?
xiv. What is your move-out plan?
xv. What are the instructions concerning the use of firearms?
xvi. What are the instructions concerning the possible handling of traffic?
xvii. What are the instructions concerning communications, signals, etc.?
xviii. Make sure your plan avoid crossfire.
xix. Do you have all equipment you might need, such as flashlights,
searchlights, vehicles, transceivers, loudspeaker, (public address system),
firearms, teargas, etc.?
xx. Ask each participants to repeat his duties to the raid leader.
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11. Coordination with the Local Police Station. It is imperative that immediately
before the service of a search warrant, the team leader should see to it that proper
coordination is made with the commander of local police station having jurisdiction over
the target premises. The coordinating party will inform the local station that their team is
conducting an operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.
14. Mug shots and Fingerprints. Arresting units shall at all times take the mug
shots and fingerprints of all arrested persons. Copies thereof shall be submitted to the
PNP Crime Laboratory Service to serve as master file.
16. Report on Arrested Persons. All arrests made shall be immediately reported
to the C, PNP; AIIN; DO, DIDM; PAOCTF (in case of kidnapping /drugs).
D. INQUEST
SECTION 1. Concept. Inquest is an informal and summary investigation
conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and
correspondingly be charged in court.
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SECTION 2. Designation of Inquest Officer The City or Provincial Prosecutor
shall designate the Prosecutors assigned to inquest duties and shall furnish the
Philippine National Police (PNP) a list of their names and their schedule of assignments.
However, there is only one Prosecutor in the area, all inquest cases shall be referred to
him for appropriate action.
The inquest proceedings must be terminated within the period prescribed under
the provisions of Article 125 of the Revised Penal Code, as amended. Inquest
Procedure
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b. certification of the Bureau of Fisheries and Aquatic Resources.
Violation of the Forestry Law (PD No. 705) scale sheets containing the volume and
species of the forest products confiscated, number of pieces and other important details
such as estimated value of the products confiscated; certification of Department of
Environment and Natural Resources/ Bureau of Forest Management; and seizure
receipt.
The submission of the foregoing documents shall not be absolutely required if there are
other forms of evidence submitted which will sufficiently establish the facts sought to be
proved by the foregoing documents.
SECTION 8. Duty of Inquest Officer The Inquest Officer shall first determine if
the arrest of the detained person was made in accordance with paragraphs (a) and (b)
of Section 5, Rule 13 of the 1985 Rules on Criminal Procedure, as amended, which
provide that arrest without a warrant may be affected:
a. when, in the presence of the arresting officer, the person to be arrested
has committed, is actually committing, or is attempting to commit an
offense; or
b. when an offense has in fact just been committed and the arresting
officers has personal knowledge of facts indicating that the person to be
arrested has committed it.
For the purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest of apprehension of
the detained person.
The MTC and MCTC judge can conduct preliminary investigation. And after
examining the affidavit of complainant/s together with the witness/es in a searching
question and answer the probable cause exist and there is necessity of placing the
respondent under immediate custody, he shall issue a warrant of arrest. Within ten (10)
days after conclusion of preliminary investigation, he shall transmit to the provincial or
city prosecutor for appropriate action.
SECTION 9. Where arrest not properly effected. Should the Inquest Officer find
that the arrest was not made in accordance with the Rules, he shall:
a. recommend the release of the person arrested or detained;
b. note down the disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action
taken; and
d. forward the same, together with the record of the case, to the City or
Provincial Prosecutor for appropriate action. Where the recommendation
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for the release of the detained person is approved by the City or Provincial
Prosecutor but the evidence on hand warrants the conduct of a regular
preliminary investigation, the order of release shall be served on the
officer having custody of said detainee and shall direct the said officer to
serve upon the detainee the subpoena or notice of preliminary
investigation, together with the copies of the charge sheet or complaint,
affidavits or sworn statements of the complainant and his witnesses and
other supporting evidence.
SECTION 10. Where arrest properly effected. Should the Inquest Officer find
that the arrest was properly effected, the detained person shall be asked if he desires to
avail himself of a preliminary investigation and, if he does, he shall be made to execute
a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with
the assistance of a lawyer and, in case of non-availability of a lawyer, a responsible
person of his choice. The preliminary investigation may be conducted by the Inquest
Officer himself or by any other Assistant Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor, which investigation shall be terminated within
fifteen (15) days from inception.
SECTION 11. Inquest proper. Where the detained person does not opt for a
preliminary investigation or otherwise refuses to execute the required waiver, the
Inquest Officer shall proceed with the inquest by examining the sworn
statements/affidavits of the complainant and the witnesses and other supporting
evidence submitted to him.
If necessary, the Inquest Officer shall require the presence of the complaining witnesses
and subject them to an informal and summary investigation or examination for purposes
of determining the existence of probable cause.
SECTION 12. Meaning of probable cause. -Probable cause exists when the
evidence submitted to the Inquest Officer engenders a well-founded belief that a crime
has been committed and that the arrested or detained person is probable guilty thereof.
SECTION 13. Presence of Probable cause. If the Inquest Officer finds that
probable cause exists, he shall forthwith prepare the corresponding complaint/
information with the recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed and the amount of bail
recommended, if available.
Thereafter, the record of the case, together with the prepared complaint/information,
shall be forwarded to the City of Provincial Prosecutor for appropriate action.
The complain/information may be filed by the Inquest Officer himself or by any other
Assistant Prosecutor to whom the case may be assigned by the City or Provincial
Prosecutor.
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b. note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action
taken; and
d. forthwith forward the record of the case to the City Provincial Prosecutor
for appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or
detained person is approved, the order of release shall be served on the officer having
custody of the said detainee.
SECTION 16, Presence at crime scene. Whenever a dead body is found and
there is reason to believe that the death resulted from foul play, or from the unlawful
acts or omissions of other persons and such fact has been brought to his attention, the
Inquest Officer shall:
a. forthwith proceed to the crime scene or place of discovery of the dead
person; and
b. cause an immediate autopsy to be conducted by the appropriate
medico-legal officer in the locality or the PNP medico-legal division or he
NBI medico-legal office, as the case may be;
c. direct the police investigator to cause the taking of photographs of the
crime scene or place of discovery of the dead body;
d. supervise the investigation to be conducted by the police authorities as
well as the recovery of all articles and piece of evidence found thereat and
see to it that the same are safeguarded and the chain of the custody
thereof properly recorded; and
e. submit a written report of his finding to the City or Provincial Prosecutor
for appropriate action.
SECTION 18. Recovered articles. The Inquest Officer shall see to it that all
articles recovered by the police at the time of the arrest or apprehension of the detained
person are physically inventoried, checked and accounted for with the issuance of
corresponding receipts by the police officer/investigator concerned.
The said articles must be properly deposited with the police evidence custodian
and not with the police investigator.
Inquest Officer shall ensure that the items recovered are duly safe guarded and
the chain of custody is properly recorded.
SECTION 19. Release of recovered articles. The Inquest Officer shall, with the
prior approval of the City or Provincial Prosecutor or his duly authorized representative,
order the release of recovered articles to their lawful owner or possessor, subject to the
conditions that:
a. there is a written request for their release;
b. the person requesting the release of said articles is shown to be the
lawful owner or possessor thereof;
c. the requesting party undertakes under oath to produce said articles
before the court when so required;
d. the requesting party, if he is material witness to the case, affirms or
reaffirms his statement concerning the case and undertakes under oath to
appear and testify before the court when so required;
e. the said articles are not the instruments, or tools in the commission of
the offense charged nor the proceeds thereof; and
f. photographs of said articles are first taken and duly certified to by the
police evidence custodian as accurately representing the evidence in his
custody.
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CHAPTER III
2. Recording. The investigator begins the process of recording pertinent facts and
derails of the investigation the moment he arrives at the crime scene. (He should record
the time when he was initially notified prior to his arrival). He also writes down the
identification of persons involved and what he initially saw. He also draws a basic
sketch of the crime scene and takes the initial photographs (if a photographer is
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available). This is to ensure that an image of the crime scene is recorded before any
occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at
the crime scene until the evidence has been processed through notes, sketches and
photographs, with proper measurements.
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collected and tagged and search proceeds at a given signal. At the
end of the rectangle, the searchers turn and proceeds along new
lines.
ii. The double strip or grid method of search is a modification of
the Strip Search Method. Here, the rectangle is traversed first
parallel to the base then parallel to a side.
iii. Spiral Search Method In this method, the three searchers
follow each other along the path of a spiral, beginning on the
outside and spiraling in toward the center.
iv. Zone Search Method in this method, one searcher is assigned
to each subdivision of a quadrant, then each quadrant is cut into
another set of quadrants.
v. Wheel Search Method In this method of search, the area is
considered to be approximately circular. The searchers gather at
the center and proceed outward along radii or spokes. The
procedure should be repeated several time depending on the size
of the circle and the number of searchers. One shortcoming of this
method is the great increase in the area to be observed as the
searcher departs from the center.
4. Collecting Evidence. This is accomplished after the search is completed, the rough
sketch finished and photographs taken. Fragile evidence should be collected as they
found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding report to the Firearms and Explosive Division
(FED) must be made for verification purposes. In the collection, the investigator should
touch the evidence only when necessary.
5. Removal of Evidence.
a. The investigator places his initials, the date and time of discovery on each item
of evidence and the time discovery on each item of evidence for proper
identification.
b. Items that could not be marked should be placed in a suitable container and
sealed.
6. Tagging of Evidence. Any physical evidence obtained must be tagged before its
submission to the evidence custodian.
7. Evaluation of Evidence. Each item of evidence must be evaluated in relation to all the
evidences, individually and collectively.
9. Releasing the Scene. The scene is not released until all processing has been
completed. The release should be effected at the earliest practicable time, particularly
when an activity has been closed or its operations curtailed.
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i. Indicate the PLACE in the sketch as well as the person who drew it. Use KEY-
capital letters of the alphabet for listing down more or less normal parts or
accessories of the place, and numbers for items of evidence.
j. Indicate the position, location and relationship of objects.
k. Methods or systems of locating points (objects) on sketch:
i. Rectangular coordinates. (Measurements at right angles from each of
two walls)
ii. Coordinates constructed on transecting base line. Choose relatively
fixed points for your base line
iii. Triangulation. (Measurements made from each of two fixed objects to
the point you want to plot or locate so as to form an imaginary triangle.
Sketch will show as many imaginary triangles as there are object plotted).
l. Critical measurements, such as skid marks, should be checked by two (2)
investigators.
m. Measurements should be harmony or in centimeters, inches, yards, meters,
mixed in one sketch.
n. Use standard symbols in the sketch.
o. Show which way doors swing.
p. Show with arrow the direction of stairways.
q. Recheck the sketch for clarity, accuracy, scale, title, key.
The recovery of physical evidence during investigation of crime scene is the most
important task of current law enforcement. In most cases, the material items of evidence
and descriptive information collected from the scene of the crime make a big difference
in the success and failure of cases in court.
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1. Team Leader
a. Assume control of the crime scene. Ensure the safety of personnel as well s
the victim and offenders caught in the scene and secure the crime scene from
kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and
narrative description of the place.
c. Determine search patterns to be used and designate assignments to evidence
gatherer.
d. Designate command post location in or near the crime scene and insure
exchange of information between searcher and investigator.
e. Coordinate with other law enforcement agencies for the security of the victims,
offenders/suspects and the scene of the crime.
f. Ensure that sufficient supplies and equipments are made available for
personnel involved in SOCO.
g. Control access to the scene and designated personnel. To log persons
entering the place and remove Kibitzers in the area.
h. Continuously reevaluate efficiency of search ensure and the all places are
searched properly.
i. Release the crime scene to the investigators handling the case.
2. Assistant Team Leader
a. Shall assist the Team Leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the Team Leader in his absence.
4. Sketcher:
a. Perform all sketches necessary during the crime scene processing
5.Evidence Recorder/Custodian:
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to
the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence
gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.
f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory
per agency guidelines.
C. Equipment
1. Basic Equipment
a. Crime Scene tape or Rope (Police Line)
b. Measuring device e.g. ruler and measuring tape
c. Recording materials e.g. chalk, sketcher and paper pad
d. Camera with film
e. Video camera or tape recorder
f. Evidence collection kit
g. Flashlight
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2. Evidence Containers
a. String tags-large and small
b. Evidence tape or masking tape
c. Roll of manila paper for wrapping
d. Plastic gallon
e. pint bottles/vials-plastic and glass
f. pint bottles /vials-plastic and glass
g. Absorbent cottons
h. Rolls of Fingerprint tape
i. Plastic bags-different sizes
j. Paper bags-different sizes
3. Tools
a. Pair of scissors
b. Knife-heavy duty and folding knife
c. Adjustable wrench
d. Pliers
e. Wire cutter
f. Complete Screwdriver set
g. Saw
h. Hammer
i. Ax of hatchet
j. Shovel
k. Fingerprint magnifier
l. Nylon brush
m. Magnet
n. Spatula
o. Box of plaster of Paris for casting or lifting foot marks
p. Goggles
q. Sifting screen
r. Funnels of different sizes
s. Weighing scale
t. Vernier caliper and micrometer
u. Scalpels
5. Miscellaneous
a. Rubber bands
b. Pencils, ballpens, pentel pen different color
c. Chalks
d. Permanent flet marker
e. Eraser
f. Staple with extra staple
g. Assorted paper clip and binders
h. Notebooks, paper pads, sketch pads and drawing pads
i. Drawing compass
j. clippers
k. Magnetic directional compass
l. Carbon papers and coupon bonds
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1. Receipt of report/complaint
a. The police officer of the police station who first received the report of the
incidents shall record the time the report/complaint was made, the identity of the
person who made the report, place of the incident and synopsis of the incident.
b. The desk officer who received the report shall immediately inform his superior
officer or the duty officer regarding the report.
c. The duty officer or COP should immediately dispatch a mobile team to the
place of the incident for verification; Mobile patrol shall be likewise directed to
verify the incident.
d. There are incidents when the mobile or beat or off-duty policemen have
already responded on the complaints, thus they should immediately inform the
headquarters and the nearest police unit.
e. The duty officer of the COP shall immediately dispatched its investigating team
together with its investigation.
f. In the absence of SOCO teams from the PNPCLS and NBI, the investigators
are the one responsible in collecting, recording and preservation of the evidences
in the crime scene and they shall endorse the said evidence to the Crime
Laboratory for forensic examination.
c. After assessing the situation, adopt appropriate search plan by using any of
the following methods, namely: strip method, spiral method, zone method and
wheel method.
f. Consider all objects or items found inside or within the crime as significant and
take appropriate documentation and recording.
g. Photographs the crime scene by making series of overlapping shots from the
parameter inward to obtain maximum information on haw the crime was
committed.
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-Date about the type and make of the camera, and the kind of film used.
-Focal; length of the lens.
-Data on the developing printing and other special laboratory techniques.
i. Prepare a rough sketch of the crime scene indicating the actual measurement
of the things but need not be drawn to scale as basis in the court presentation.
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11. The possibility of coordinating multi-jurisdiction scene
investigations should be explored. It is advantageous to have
working agreements that are mutually acceptable to potentially
involved agencies. These arrangements should be mad before
confusions occurs in an actual multijurisdictional case, rather than
as a later crisis response.
d. Preliminary Survey.
1. Initiate a preliminary survey which will function as the
implementation plan for the entire search.
2. Accomplish a cautious walk-through of the scene.
3. For the person-in-charge, he should maintain definite
administrative and emotional control.
4. Select appropriate narrative description techniques.
5. Acquire preliminary photograph.
6. Define extent of the search area, usually expanding from the
initial perimeter.
7. Organize applicable methods and procedures. Recognize special
assignments.
8. Determine personnel and equipment needs. Make specific
assignment.
9. Identify and protect transient physical evidence.
10. Develop a general theory of the crime.
11. Take down extensive notes to document important factors in
the scene like physical and environmental condition, evidences,
movements of personnel, etc.
12. On vehicles, get licensed plate number, description of vehicles,
position of key and odometer reading.
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7. Evaluate whether or not the scene and evidence appears
intentionally Contrived.
f. Obtaining a Narrative Description
1. Make a narrative that is a running, general terms description of
the condition of the crime scene.
2. Represent scene in a general to specific references scheme.
3. Photograph supplements narrative description at this point.
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B. INTERVIEW AND INTERROGATION
INTERVIEW:
6. Preparation of the Interview -Before interviewing a witness, the law enforcer should
mentally review the case and consider what information the witness can contribute. If
the case requires it, he should acquaint himself with the background of the witness.
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a. It is not always possible to fix the time and place of an interview, but since
memory is short; it is basic that an interview with the witness and suspect(s)
should take place as soon as possible after the commission of the crime.
c. Conduct interviews whenever possible in your own turf, i.e., your office.
d. Have an interview room where there will be privacy. It should be a plain room
but not bleak. There should be few furniture, and not distracting pictures,
calendars or similar items.
g. If there are two interviewers, let one man be the prime interviewer.
h. Arrange chairs so the window light falls on the interviewee and not on the
interviewer.
i. The interviewer should adapt his speech to the style best understood by the
subject. In dealing with an uneducated subject, the interviewer should use simple
words and sentences.
j. Straight-back chairs should be used for both subject and interviewer. Other
types of chairs induce slouching or leaning back, and such position are not
conducive to proper interviews.
k. The interviewer should remain seated and refrain from pacing about the room.
c. He should keep in mind the provisions of law regarding the rights of people
under custodial investigation.
b. Interviewer should keep to the point at issue and should not wander too far
from it.
e. However, you may guide the interviewee with innocuous questions such as
And then what did you do?
10. Questioning.
a. Dominate the interview. Be careful, do not allow the interviewee to be the one
asking the questions.
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c. Follow the order of time and bring out the facts in that order. This technique is
called chronological questioning and is considered the easiest as people tend
to think in terms of what happened first, then, second, then third. The interviewer
should go step in learning all the details concerning the planning and commission
of the crime and what happened after it was committed.
h. Wait for the answer to one question before asking a second one.
i. Ask important questions in the same tone of voice as the unimportant ones.
11. Closing
a. Before closing the interview, the law enforcer should make a mental check of
the purpose of the interview and should analyze what he has learned, decide
whether he has attained his objective. He should be guided in this respect by the
5 Ws and 1 H what, where, when, who, why and how.
b. The interviewer should always leave the door open for are-interview. Dont
forget to say THANK YOU after the interview.
Note: Although the words interview and interrogation have similar meanings,
there are those who prefer to use interview when questioning witnesses and
informants, and interrogation when questioning suspects.
INTERROGATION
IN GENERAL
1. Interrogation Defined - An interrogation is the questioning of a person suspected of
having committed an offense or of a person who is reluctant to make a full disclosure on
information in his possession which is pertinent to the investigation.
2. Purpose of Interrogation
a. To obtain information concerning the innocence or guilt of a suspect
b. To obtain a confession to the crime from a guilty suspect.
c. To induce the suspect to make admissions.
d. To know the surrounding circumstances of a crime
e. To learn of the existence and location of physical evidence such as documents
or weapons.
f. To learn the identity of accomplices.
g. To develop information this will lead to the fruits of the crime.
h. To develop additional leads for the investigation.
i. To discover the details of any other crime in which the suspect participated.
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3. Preliminary Conduct -The interrogator should identify themselves at the outset and
state in general the purpose of the interrogation. He must advise the suspect of his
rights against self-incrimination and inform him that the does not have to answer
questions and that, if he does answer, these answer can be used as evidence against
him. He must inform the suspect of his right to counsel and that a state appointed
counsel will be made available without cost to him if he so desires. No questioning of
the suspect unless the latter has definitely waived his right to be silent. Ordinarily the
investigator should be alone with the suspect and, of course, the latters lawyer, if he
has requested counsel.
4. The Interrogation Room - The room should provide freedom from distractions. If
should be designed simply to enhance the concentration of both the interrogator and the
subject on the matter under questioning.
CRIMINAL INTERROGATION
1. Types of Offenders and Approaches to be used in Dealing With Them:
a. Emotional Offenders have a greater sense of morality. They easily feel the
remorse over what they have done. The best approach in interrogating this type
of offender is the sympathetic approach.
b. Non-emotional Offenders normally do not feel any guild, so the best way to
interrogate them is through the factual analysis approach, that is, by reasoning
with the subject and letting him know that his guild has already been, or will soon
be, established.
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. Remember that one who is trained in criminal interrogation is easier to
question than an ordinary criminal since he has less confidence in himself
as a liar.
b. The subject should be made aware of the fact that the interrogator knows
information indicating his guild and that the interrogator is not merely fishing for
evidence.
c. Let the subject know that he is showing signs of deception, some of which are:
a. Pulsation of the cerotic (neck) artery
b. Excessive activity of the Adams apple.
c. Avoiding the eyes of the interrogator, swinging one leg over the other,
foot-wiggling, wringing of the hands, tapping of fingers, picking fingernails,
etc.
d. Dryness of the mouth
e. Swearing to the truthfulness of assertions. This is frequently used by
guilty subjects to strengthen their assertions of innocence.
f. Spotless Past Record Religious Man These are asserted to support
statements which the subject knows, and realized the interrogator knows,
to be false.
g. A Not That I Remember or As Far As I Know expression should be
treated as a veiled admission or half-truth.
d. Sympathize with the subject by telling him that anyone else under similar
conditions or circumstances might have done that same thing.
e. Reduce the subjects guild feeling by minimizing the moral seriousness of his
offense.
f. In order to secure the initial admission of guilt, the interrogator should suggest
possible reasons, motives or excuses to the subject.
h. In encouraging the subject to tell the truth display some understanding and
sympathy.
i. Show sympathy through a pat on the shoulder (usually reserved for men
how are either younger that or of the same age as the interrogator, or
emotional offenders), or gripping the subjects hand. Care must be taken
with female offenders, who might consider any physical contact with the
interrogator as a sexual advance.
ii. Tell the subject that even if he were your own brother (or any other
close relative), you would still advise him to speak the truth.
iii. Convince the subject to tell the truth for his own moral or mental well-
being.
iv. The friendly-unfriendly act. This is much like the Mutt and Jeff system
discussed earlier. The only difference is that this act seems more effective
if done by a single interrogator playing both roles.
i. Point out the possibility of exaggeration on the part of the accuser or victim or
exaggerate the nature and seriousness of the offense itself.
j. Early in the interrogation, have the subject situate himself at the scene of the
crime or in some sort of contact with the victim or the occurrence.
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confession stage, because he can always be reminded by the interrogator that
he has not been telling the truth.
n. Point out to the subject the grave consequences and futility of a continuation of
his criminal behavior.
o. Rather than seek a general admission of guilt, first ask the subject a question
regarding some detail of the offense, or inquire as o the reason for its
commission.
b. Ask the subject to relate all he knows about the crime, the victim, and possible
suspects.
c. Obtain from the subject detailed information about his activities before, during
and after the occurrence under investigation. This is a good method of testing the
validity of the subjects alibi.
d. Where certain facts suggestive of the subjects guilt are known, ask him about
them rather casually and as though the real facts were not already known, to give
the subject an opportunity to lie. His answer will furnish a very good indication of
his possible guilt or innocence, and if he is guilty, his position becomes very
vulnerable when confronted with the facts possessed by the interrogator.
h. In theft cases, if the suspect offers to make restitution, that fact is indicative of
guilt.
i. Ask the subject whether he is willing to take a lie-detector test. The innocent
person will almost always immediately agree to take practically any test to prove
his innocence, whereas the guilty person is more prone to refuse to take the test
or to find excuses for not taking it, or for backing out of his commitment to take it.
j. A subject who tells the interrogator, All right, Ill tell you what you want, but I
didnt do it, is, in all probability, guilty.
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c. Make no promises when asked, What will happen to me if I tell the truth? a
promise of leniency or immunity may induce an innocent to confess.
c. Basic considerations.
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i. Contact must be made in a neutral place. The officer making the contact
should not be in uniform or in police vehicles. Contact should be made in
such a manner that the informants association with law enforcement
agency will not be disclosed. Get the informer away from his local habitat
to a place where he is not known. Call him by phone and let him set the
time and place.
7) Revenge motive.
5. Use of informants
a. Maximum benefit The confidential informant should be used for the
maximum benefit of the entire organization, not of only one (1)
officer/investigator.
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with the police. It is also possible that something might happen to you which
would mean the loss of the informant to the entire police force. Besides the
officer who developed the informant, it is suggested that the other be rank-officer
to give the informant a feeling of importance.
D. UNDERCOVER INVESTIGATION
1. Preparation for undercover work should be sufficiently thorough:
a. To preclude compromise.
b. To minimize danger to the undercover operative
c. To ensure the ultimate success of the investigation
2. Undercover investigation should not be attempted until other investigative
techniques have failed or are deemed impractical.
b. Specific qualifications.
i. Ability to act out an assumed role
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iv. Physical appearance and capabilities consistent with his
assumed qualifications.
5. Authority for undercover operations must be from the top officer of the
organization, for this requires coordination with other agencies.
10. Provide safe communication systems between the undercover agent and
headquarters relaying information or instructions.
11. Arrangements for drops and safe house must be made and, if necessary, the
undercover operative himself may be placed under surveillance.
12. The undercover operative must never pose as a criminal unless no other
approach appears adequate.
14. Plans for the operation must provide actions or alternatives in case the
undercover is arrested.
E. SURVEILLANCE
1. In General In the investigation of a certain case, a point is reached when the
investigator sometimes finds it difficult to secure leads through questioning of the
complainant and witnesses. In such a situation, the investigator has to go the field to
locate the criminal or, if he is known, to study his habits, movements and possible
accomplices in the commission of the crime.
2. Definition Surveillance is the direct observation of places, persons and vehicles for
the purpose of obtaining information concerning the identifies or activities of subjects.
3. Objectives of Surveillance:
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a. To detect criminal activities.
d. To protect a witness
There are three (3) types of shadowing employed, depending upon the objective
of the surveillance:
a. Loose Tail is employed when a general impression of the subjects
habits and associates is required.
5. Tactics The subject should be kept unaware that he is being shadowed. The
investigator should be inconspicuous. He should not be detected looking directly at the
suspect. He should shift from left to right, never remaining for long directly behind the
subject. Both sides of the street should be used. If the tail, he should request immediate
removal from the assignment.
6. Note The investigator must maintain a note or log containing a chronological record
of the activities of both the investigator and the subject. The log can used either in the
interrogation of the suspect or for purposes of cross-examination during trial.
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b. Choosing proper equipment. Equipment include motor vehicles, boats,
binoculars, cameras, radio equipment, handcuffs, containers for evidence, strips
of neolith and other materials for disguising motor vehicles (day or nighttime),
firearms, tear gas etc.
CHAPTER IV
SPECIAL INVESTIGATION
A. RESCUE OF MINORS
INTRODUCTION:
Cases of women and child abuse were proliferating in the past decade which
prompted the legislative department of the government to rashly enact into law RA
7610, otherwise, known as the Special Protection of Children against Abuse,
Discrimination and Exploitation. This special law which partly amends the provisions of
the Revised Penal Code on Corruption of Minors and White Slave Trade, provides
among others a stiffer penalty against its violators as it classifies the act as capital if not
grave offense. Thus, the Philippine National Police as one of the principal agents of the
government authorized to enforce the said law and other allied status for the protection
of women and childrens rights, plays a crucial and important role, most specifically in
the rescue of minors who were abused by their parents dragged into commission of
crimes like rape, murder, robbery; sold to prostitution dens of foreigners, by their own
relatives or compelled to work as bold nude dancers on different night spots. It is
noteworthy, that in the performance their assigned tasks as protectors or rescuers of
abused children, the law enforcers must be guided by the time honored principle of rule
of law so as to carry out more effectively their functions.
INVESTIGATIVE PROCEDURE:
Under the law, a police officer can conduct rescue operations if or when complaint is file
by any of the following persons to wit:
a. Offended party;
b. Parent or guardian;
c. Ascendant or collateral relatives within the third (3rd) degree;
d. Social workers of DSWD;
e. Representatives of a licensed child-caring institution;
f. Barangay Chairman; or
g. At least three (3) responsible citizens of the place where the violation
occurred.
The officer-on-case should evaluate the complaint to find out if there exists a
violation of the law such as abuse, discrimination or exploitation of the child
subject of the complaint.
a. DSWD or DOLE;
b. Local Police Unit; and
c. Barangay Officials, who may join the rescue team
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Immediately after the minor/victim is rescued, the latter should be brought within
twenty-four (24) hours to the hospital for medical and physical examination and the
examination and treatment papers, as the case may be, shall be incorporated in the
child/victims record.
The taking of sworn statement of the complainant and/or minor including the
witness (es), as the case may be, shall be conducted purposely for the inquest of
respondent or for the filing of the appropriate charges(s).
The records of the investigation together with the pieces of evidence adduced by
the complainant/victim shall be referred to the Department of Justice or the local
Prosecutors concerned for Preliminary Investigation, and, if there exists sufficient
ground that a crime has been committed by the respondent, and that the latter is
probably guilty thereof and should be held for trial, the former shall prepare a resolution
and an appropriate information shall be filed by him before the court, to hold the
accused for trial.
USUAL PROBLEMS
If the complainant is woman, 18 years of age and above, the officer on case may
encounter the following problems:
a. Trauma
b. Cannot narrate her ordeals in details because of embarrassment
c. Insistence that the suspect/suspects be arrested
d. Always in a hurry in going home
e. Indecision whether to file or not
f. Decision of victim is only influenced by the relatives And if the complainant are
children, 17 years old and below, the problems encountered by the investigators
are:
a. Inability to communicate (comprehension)
b. Trauma
c. Moodiness
d. Failure to recall the exact date, time, and place of incident
e. Inconsistency on the account of victim during investigation
f. Shame
g. Playfulness
B. SEX CRIMES
1. Preliminary Note.
Given the natural complexities and sensitivity of the subject matter, sex crimes,
indeed require special breed of investigators with specialized training.
Under RA 8353 (Anti-Rape Law of 1977), rape now falls under Crimes Against
Persons, whereas it used to be grouped under crimes against chastity in the Revise
Penal Code.
The new rape law introduces new features such as, a wife may charge her
husband for rape (marital rape); the victim is no longer limited to females, i.e., a male
may be injured party; insertion of objects/penis into the mouth, genitals, or anal orifice of
another person already constitutes rape.
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2. Salient Principles of Sex Crimes.
a. It is triggered by emotion. A person who commits a sec crime has lost control
of his emotions. It is not something you can sit out and analyze. It is a
compulsion that comes from deep within the person.
b. Gratification of the sex drive is often accomplished in strange and disguised
ways. It involves an addiction to a certain kind of sexual satisfaction. Sex is what
makes a person feel good you have to understand this when investigating sex
crimes.
c. The motivation for crimes committed by insane persons is so often obscure
and so illogical as to defy analysis.
d. Most sec offenders have peculiarities that fall under any of the following
categories:
i. Fetishism object compulsively used in attaining sexual gratification
iii. Ritualism.
Sex offenders with this peculiarity use the same approach or pretext all
the time. This helps you determine if your suspect is the same individual
involved in another case.
iv. Sex fantasy or dream world. Here, the sex fantasy overcomes the
offender who puts his dreams into reality to see if he could feel even
better. It is important to him.
vi. Sado-Masochism
Inflicts injury and at the same time enjoys having injury inflicted
upon him
b. Be intensely suspicious. Watch for words spoken that might give both your
victim and suspect away.
c. Be extremely curious. Get to know what goes on in the mind of both the victim
and the sex offender.
i. Be intensely interested in the solution of this type of case. Remember that the
offender is likely to commit another crime of the same kind.
j. Take all complaints seriously. Remember the sex offenders will do things that
ordinarily are hard to explain.
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4. Analysis and Evaluation of Every Complaint.
a. The accusation may be an excuse to cover escapades or to secure sympathy.
c. Look into life, hallucinations, daydreams. There are those whose dreams
assume the proportion of reality.
d. Martyr complex
5. Investigative Techniques.
a. Determine patterns (ritualism)
i. Weather has an influence on abnormal people. For example: raindrops
on the roof, fog, heat, new moon and full moon etc.
iii. Type of victim. Examples: Invalids, little fat girls, skinny boys, old
women, etc.
v. Odor. It can be anything, from the most filthy smell to the smell of trees.
vii. Word used. Chances are he will use the same words in succeeding
sex crimes.
b. Everyone is a suspect.
i. Never try to excuse from involvement a suspect who is not the type
religious, educated, responsible, etc.
iii. Understand that love is closely associate with sex. Man is made up of a
mass of emotions. Youll never know what goes on in his mind. Youll
never known what circumstances would compel him to commit a sex
crime.
ii. The Outer Rind men concentrate on conditions and circumstances not
immediately concerned with the private life of the victim.
Example:
1) Known perverts and sex maniacs. Check police files and tap confidential
informants.
2) Strangers, tramps and vagrants.
3) Juveniles who have displayed evidence of sexual propensity
4) Known criminals
5) Think of the unusual. Dig back. Consider unlikely suspects
6) Consider the crippled and sick: man. He has the same emotions anyone
else.
d. Search of persons and places. Perverted sex offenders sometimes need
paraphernalia (excitement aids). Therefore, they may have a collection fetishes,
symbols, aphrodisiacs, and excitants such as pornographic material, etc.
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i. Ask a suspect to explain everything he has.
ii. Search suspects car
iii. Search suspects home and office
iv. Check with suspects friends
e. Interview of sex offenders.
i. Employment pathy. This means putting yourself in the position of the
suspect you are questioning. To think as they thought, fell as they felt and
act as they acted.
iii. The opening is most important. Dont fumble around. Prepare for it
v. Privacy in this case is very important because in digging into the mind of
the suspect, the investigator has to ask very personal questions.
vi. Explore his mind to find out what kind of a sex offender he is.
ix. Consider the emotional approach method. There are suspects who
react favorably to this method.
x. Learn how to listen. Some of the best interviewers are those who have
learned to listen.
iv. Being an employee of, and knowingly visiting, prohibited drugs dens
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vi. Cultivation of plants which are sources of prohibited rugs.
b. Republic Act No. 953 (Narcotics Law of 1953). RA 953 requires the
registration of persons (including juridical persons) with the Bureau of Internal
Revenue to produce, import, manufacture, compound, deal in, dispense, sell,
distribute and give away opium, marijuana, opium poppies or coca leaves, or any
synthetics drugs which had been declare habit-forming by the President of the
Philippines, including their salts, derivatives or preparation.
c. The National Internal Revenue Code of 1977 (As amended). This requires the
keeping of true and correct records of prohibited drugs by physicians, dentists,
veterinarians, pr pharmacists, as required by law and by the regulation of the
Department of Finance.
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7. A tendency to sit looking off into space known as goofing,
which may indicate the use of barbiturates.
8. Certain visual signs appear when the abusers supplies are cut
off and withdrawal symptoms develop. These may include:
. Nervousness, restlessness, anxiety
. Yawning, red eyes and runny nose, sweating
. Enlargement of the pupils of the eyes
. Severe back- and leg-aches.
. Hot and cold flashes.
As withdrawal progresses, vomiting, diarrhea, and increase in breathing rate and
temperature may develop. Ordinarily, the eyes become extremely sensitive to light and
easily get hurt. When any of the above symptoms occur, the services of a doctor should
be sought.
b. The Pusher. Pusher refers to any person who sells, administers, delivers, or
gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports any dangerous drug or who acts as a broker in any such
transactions
i. Ordinarily, he is an addict himself
ii. If not an addict, determine the reason for his possession of the drug. Is
it for sale, for giving away, etc?
iii. If he is selling, determine his clientele. Get their names and other
personal circumstance.
v. Determine the number of times that he had been arrested and charged
for the same offense.
1. Opium refers to the coagulated juice of the opium poppy (paver somiferum) and
embraces every kind, character and class of opium, whether crude of prepared; the
ashes or refuse of the same; narcotic preparations thereof of there from; morphine or
any alkaloid of opium; preparations in which opium enters as an ingredient; opium
poppy; opium seeds; opium poppy straw; and leaves or wrapping of opium leaves,
whether prepared for use or not. Opium is a black, molasses-like substance, which is
bitter in taste and hard and brittle when dried..
FIELD TEST: Burn a small quantity of the suspected substance. The odor or smell is
similar to burnt banana leaves or has a sweetish odor.
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2. Morphine comes in various forms:
. Powder white, odorless, granulated powder with a very Vitter taste.
Sometimes, however, illicit traffickers add color to deceive investigators.
. Block with embossed marks like 999 555, Lion or Elephant brands.
. Licit morphins used for medical purposes invariably comes in powder form,
tablets, capsules or ampuls with the brand name of the manufacturer.
NOTE: Both heroin and morphine may be sold by pushers in papelita or bundle a
containing about .03 gram of powder. The price will depend on supply and demand.
ii. Cocaine (Methyl benzoyl ecgonine). Cocaine (C17H21n04) is an
alkaloid obtained from the leaves of Erythorxylon coca Lamarch and the
other species of Erthroxlon Linen, or by synthesis from ecgonine and its
derivatives.
1. HISTORY Cocaine was isolated in 1844 from Brazilian coca leaves and until two
decades ago, the latter was the only sources of cocaine, today, the alkaloid is obtained
principally from Java coca contain from 0.5 to 1% of methyl benzoyl ecgonine, or
cocaine, whereas the java coca leaves contain very little cocaine as such. However,
there are present in the Java leaves such derivatives as benzoyl ecgonine, cinnamyl
ecgonine, methyl ecgonine, etc., to the extent of 1.5 to 2% all of which are converted to
methyl benzoyl ecgonine in the manufacturing process.
After dilution with water, the organic acids which have been liberated are
removed with chloroform. The aqueous solution is then concentrated, neutralized, and
cooled with ice, whereupon methyl ecgonine sulfate crystallizes. This is now
benzoylated by
heating with benzoyl chloride or benxoix anhydride at about 150 degrees Centigrade.
Upon adding water and sodium hydroxide, methyl benzoyl ecgonine or cocaine is
precipitated. The cocaine is extracted with ether and the solution concentrated to
crystallization. For the purification of cocaine, re-crystallization from a mixture of
acetone and benzene is generally preferred. The total synthesis has been
accomplished.
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Cocaine also comes in the form of salt crystals, known as crack and usually
sold in packets. This is the American counterpart of the local shabu or
methamphetamine hydrochloride.
iv. Synthetic drugs having the same physiological action as a narcotic drug,
such as methadone and Demerol.
REGULATED DRUGS. These include self-inducing sedatives, such as seconbarbital,
Phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt of barbituric acid:
and salt, isomer or salt of an isomer, of amphetamine, such as Benzedrine of
Dexedrine, or any drug which produces a physiological acting similar to amphetamine;
and hypnotic drugs, such a methaqualone, nitrazepam or any other compound
producing similar physiological effects.
ii. Amphetamines Stimulate the central nervous system and have the ability to
combat fatigue and sleepiness. These are also known at uppers. Examples of
amphetamines are Benzedrine and Dexedrine.
iii. Shabu is the most widely known amphetamine in the country today. The
compound (methamphetamine hydrochloride) is also known as poormans cocaine.
The latter term however, is misleading because although cheaper that cocaine, shabu is
nonetheless expensive as compared to other drugs such as marijuana or solvents.
iv. Hallucinogens These are the drugs that are capable of creating
hallucinations in the mind of the taker.
1. Lysergic acid diethylamide 25, commonly known as LSD
2. Other drugs falling under this category are DMT, STP, peyote and
morning glory seeds.
b. Evidence handling. Physical evidence of various types can do much to augment the
inevitable oral evidence in a prosecution involving drugs. The investigator should be
constantly on alert to obtain physical evidence during an inquiry for presentation in
court.
i. Drug seizures.
One officer, preferably the officer who made the seizure, should be detailed to
take charge of the drug found. The following procedure should guide him:
1) Identify the seizure in some permanent way using indelible
markings or non-removable labels or wax-sealed tie on tag.
49
2) The identification should give details of the time, date and place
of seizure, and the name of the owner or suspect where an arrest
had been made.
10) At the first opportunity, the officer should himself deliver the
seized drug(s) to the laboratory for examination.
11)If the commitments of the officer holding the seized drug(s) are
such that he cannot travel to the laboratory, he should hand the
same to another officer who should make the delivery personally.
ii. Photographs.
A permanent written record should be kept relating to photographs taken in the
course of an investigation, noting the time, date and place of the photograph, its subject
the weather condition at the time it was taken. The technician might also note details of
film and camera operations. Several prints of each photograph should be obtained, and
50
on one copy, these details should be recorded together with the name of the officers
who can prove the photograph. The other print copies e retained unmarked for
possible submission to the court. Valuable corroborative evidence can be adduced by
photographs of, for instance, a meeting between two offenders.
iv. Documents.
Documents which may become evidence in a prosecution should be retained in
their original form. They should be treated in much the same manner as drug seizures
with regard to identification, and it is suggested that all under whose supervision this is
done can later prove the original, particularly in cases where returned to a person for
production later in court.
v. Investigative records.
Records in this particular category include:
1. Information on a suspect of drug movement.
2. Results of background inquiry on a suspect.
3. the log or running sheet kept on investigator and suspect movement during a
surveillance or arrest.
4. Investigators notebooks.
5. Investigators diaries.
6. Investigators notes conversations, events or interviews.
7. Filed Tests.
The test describes in the following pages are designed to give investigators emergency
means of making on-the spot tentative identification of samples seized or purchased
during the course of investigations. Results obtained should not be regarded as final
identification since a number of such drugs are marketed in combination with other
chemicals from which they must be separated (by laboratory methods) before true
results can be obtained.
When brought into contact with morphine, heroin or other opium derivatives, the reagent
develops brilliant colors ranging from blue to reddish purple. There are some other
substances which also produce colors with this reagent. No confusion, however, should
arise once the operator is familiar with specific colors given by the opium alfaloids. It is
therefore essential that the test be observed with known samples before any unknowns
are tested.
b. Making the test.
1. Allow the reagent to drain to one end of the ample.
2. Break the ample between the fingers along the scored line.
3. Introduce a small bit of sample into the open end of one-half of the sample by
scraping a cube or pinch of powder held between the fingers with a sharp edge. Tap the
closed end so as to shake the sample further into the tube and thus bring it into contact
with the reagent.
4. After the test, the ample should be rinsed with water before discarding. DO NOT
THROW AMPUL IN WASH OR SIND.
NOTE: The value of this test lies in the fact that a positive reaction indicates the
presence of an opium derivative. A negative result does not rule out the possibility of the
sample being a prohibited drug since cocaine, methadone, Demerol, dromoran, etc.
51
does not give positive results with this reagent. A suspected sample that gives a
negative result should be submitted to the laboratory for examination.
Marquis Reagent
Drug Results
Morphine Deep magenta Deep Violet
Heroin Deep magenta Deep Violet
Codeine Blue with violet cast
Opium A dark purple
Methadone No reaction
Cocaine No reaction
Apirin Colories pink deep rose
Darvon Purple - red
Amphetamine Orange Orange with brown cast
Orange pale red
Miltwon No reaction
Librium No reaction
A.P.C. Colories pink deep rose
Tunial No reaction
Chloral hydrate No reaction
Phenobarbital No reaction
Mescaline Green changing rapidly to dark brown, slowly changing to brown with violet
cast.
After solution is effected filtration of the sample is desirable but not essential to the
success of the method, since insoluble substance such as starch, talc, etc. are not blue
in color.
Method
Reagent: dissolve 1gm of cobalt acetated, nitrate or chloride and 1/5 gm of potassium
thiocyanate in 90ml of water and 10ml of glacial acetic acid.
This field test for cocaine, Demerol and methadone was developed by the U.S.
Customs Laboratory, in Baltimore, Maryland in 1961 and has been successful use since
then.
The field test is based on a modification of the will-known cobalt thiocyanate color test
that produces a blue color in the presence cocaine.
The customs filed test is a stable single-solution version of the thiocyanate test and is
the most specific cocaine color test available at this time.
The test set consists of 12ampuls in a packet and is similar in appearance to the
Marquis Field Test set for morphine, codeine and heroin.
52
The ampuls may be distinguished from the Marquis ampuls by the pink color of the
cocaine reagent.
The field test is not intended to replace more specific laboratory determination and
should be used only as a preliminary test. Some non-narcotic substances, such as
certain antihistamines, are known to give a color with cobalt thiocyanate.
The test is simple to perform. The ampul should be broken at the point where the glass
is scored and the powdered sample introduced into the end of the half of the ampul
should NOT BE SHAKEN. A blue color is indicative of cocaine, Demerol or methadone,
Cocaine and methadone give stronger blues that Demerol. For each of the three
narcotics. The strength of their blue in the ampuls is proportionate to their active
content.
The ampul contains a dilute acid and should be discarded in a place where water can
be used to dilute the acid.
e. Field Test for Marijuana:
NOTE: Do not rely on chemical tests alone. Always examine the materials with a
microscope or hand lens. Cannabis sativa, or marijuana, can be quickly and positively
identified by subjecting the sample to the following test:
1i Microscopic
Using a magnification of approximately 30 diameters, the leaves small twigs, seed hulls
and flowering tops exhibit a characteristics warty appearance due to the presence of no-
glandular hairs which contain at their base a spheriodal cystolith of calcium carbonate.
The presence of carbonate may be shown by adding a drop of diluted hydrochloric acid
to the slide and noting the effervescence. Many of the cystolithics hairs appear in the
shape of bear slaws. The seed or fruit, deprived of its hull, under the same
magnification, presents mottled effect and gives the viewer the impression he is looking
at a hulled coconut or nutmeg. A comparison with an authentic sample is
most desirable.
2 Chemical
The Duquenois Test (Chemical Abstracts 32, 5993 1938) has been modified and the
modification has been found to be the only satisfactory chemical test for the
identification of marijuana. The chloroform soluble color developed in this test is due to
the presence of tetra-hydrocannabinol which is the active principal of the marijuana
plant.
Reagents:
Duquenois Reagent Dissolve 5 drops of acetaldehyde and 0.4 gm of vanillin in 20ml
of 95% ethyl alcohol. (this reagent may be kept for some time in glass-stoppered bottles
in a cool dark place. It should be discarded after it assumes a deep yellow color.)
-Add a pinch of suspected marijuana to a test tube containing about 2ml (one teaspoon)
Duquenois reagent.
-Add an equal amount (2ml) of concentrated hydrochloric acid. Stir with a glass rod or
shake the test tube in a circular motion to mix its contents. CAUTION Do not splash
acid contents on body or clothing. Allow the test tube to stand for 10minutes, or until a
color develops.
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-Decant the liquid into a second test tube. Add 2ml of chloroform. Stopper and shake. If
marijuana is present, a violet or indigo-violet color will be transferred to the bottom
(chloroform) layer.
NOTE: Sage leaves, thyme, thymol, menthol, orcinol and some tobaccos give blue to
purple colors with the original Duquenois test but negative test with the above
modification. Colors other than violet or indigo-violet appearing in the chloroform layer
should be disregarded.
Seeds When a sample consists entirely of seeds, their identity alone is not sufficient
to bring them within the purview of the law, which techniques them to be fertile. To
establish their fertility a number of the seeds should be placed in a suitable container
with moist paper pulp or wet vermiculite, and placed in a warm dark place until
germination takes place. When reporting a sample containing marijuana seeds alone,
their fertility should always be stated.
Test Material The test material consist of 2 or 3 drops of Marquis reagent (2 drops of
37% formaldehyde in 3 ml of concentrated sulfuric acid) in a small glass ampul.
Test Procedure Break the ampul at the scored center and place 1 or 2 drops of the
reagent on the sample. This should be done on a glass ashtray, inverted tumbler, etc.
Amphetamines react with the reagent to give a red-orange color, turning to reddish and
then dark brown within 1 or 2 minutes. The reagent gives this characteristics color
reaction when applied to white, pink, yellow, peach or green amphetamine tablets.
The speed within which the color is formed appears to depend upon the hardness of the
tablet. The red-orange color forms immediately of some tablets while with others it
appears in 10 to 20 seconds.
Therefore, the critical period of color differentiation for amphetamines is within the first
20 seconds.. The peach-colored caffeine tablets give a color which might cause some
confusion. The difference between the color formed by this tablet and that formed by a
peach-colored amphetamine tablet seems to be more obvious if the tablets are crushed
before the reagent is applied. Once the difference is seen, there should be no trouble in
distinguishing one from the other.
As indicated by the table below, the only materials which giver the same color change
as amphetamine are the phenyl tertiary butylamine HCI tablets and the wyamine sulfate
tablets. Both are similar chemically to the amphetamines.
Amphetamine powder and tablets Red-orange onset to reddish brown to dark brown
within a couple of minutes.
Caffeine powder and tablets -No color Methamphetamines and tablets -Red-orange
onset to reddish brown to dark brown in 1 to 2 minutes.
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Test Material The Zwikker Test Kit consist of a small plastic bag containing three
solutions in plastics dropping bottles and small porcelain spot plate.
Solution #1 - Anhydrous methanol
CAUTION: The above solutions are volatile and inflammable. They should be kept
sealed.
Test Procedure:
1. Place part of sample into spot-tester, (enough to cover letter O on a typewriter key).
2. Put two drops of solution #1 on sample in spot-tester. (Sample should dissolve.)
3. Add two drops of solution #2. (This may produce a violet or a blue color.)
4. Add two drops of solution #3. (If color deepens to a darker violet of blue,, this
indicates presumptive presence of a barbiturate.)
CAUTION: Do not let the dropper bottle touch the sample as the solution will become
contaminated. Wash and dry spot-test plate after use.
The effects of a particular drug on the human body are often accompanied by evident or
visible signs which remain after death and are available for the trained observer. These
signs are result of symptoms experienced by the victim prior to death. Following is a
partial listing of the more dangerous drugs, the minimum lethal dose, symptoms and
cause of death:
Codeine
Nausea, dizziness,
Constipation
800mg
Respiratory failure
Heroin and Morphine
Sweating, loss
Appetite, nausea
(Vomiting), constipation, itching, thirst, cyanosis 0.25gm respiratory failure
Barbiturates
Lower body temperature, cyanosis, cold extremities skin rash,
Constipation 1.6gm respiratory arrest of pneumonia
Cocaine
Nausea, vomiting, chills, sweating, thirst, convulsions 500mg circulatory and respiratory
failure
55
Amphetamine
Chills, sweating, diarrhea, constipation, nausea, vomiting, cramps, Thirst, convulsions,
petechial hemorrhages
8) Wet body Evidence of body being immersed in tub or shower or having ice cubes
placed in underclothes or in private parts. It is a common mistake users make in
thinking this helps in overdose cases. Salt water may also be injected into the victim.
Hospitals use Narcan as antidote.
9) Nylon Stocking Stretched over a hanger used as sieve.
10) Playing Card with the powder, may have been used to smack (cut) heroin. The
card is usually on top of a record album or similar.
11)Merchandise Small items which are easily carried and disposed of after being
stolen radios, watches, portable T.V.s radios, etc.
56
Historical date on the victim would include his criminal record (local, national and
international); medical record (of a private doctor, hospitals, clinics, etc. and any mental
treatment or attempts at suicide); social (relatives, friends, neighbors, co-workers);
marital (past or present); and financial records.
When interviewing users or person possibly involved in narcotics traffic, you should use
straight language rather than attempt street talk because slang constantly changes,.
You must determined the extent of decedents addiction, his familiarity with other drugs,
whether he had steady source of the drugs or continuously shopped around, and other
matters relative to his personal history.
The resignation, dismissal or separation of the officer or employee from his office or
employment in the Government or in the Government-owned or controlled corporation
shall not be a bar to the filing of the petition: Provided, however, that the right to file
such petition shall prescribe after four years from the date of the resignation, dismissal
or separation or expiration of the term of the officer of employee concerned, except as
to those who have ceased to hold office within ten years prior to the approval of this Act,
in which case the proceeding shall prescribe after four years from the approval hereof.
If in accordance with the provisions of R.A.. 1379 a public official has been found to
have acquired during his incumbency, whether in his name of in the name of other
persons, an amount of property and/or money manifestly out of proportion to his salary
and to his other lawful income, that fact shall be a ground for dismissal or removal.
Properties in the name of the spouses and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown. Bank deposits in the name of or manifestly excessive expenditures
incurred by the public official, his spouse or any of their dependents including but not
limited to activities in any club or association or any ostentatious display of wealth
including frequent travel abroad of a non-official character by any public official when
such activities entail expenses evidently out of proportion to legitimate income, shall
likewise be taken into consideration in the enforcement of this contrary. The
circumstances here in above mentioned shall constitute valid ground for the
administrative suspension of the public official concerned for an indefinite period until
the investigation of the unexplained wealth is completed.
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2. Investigation of Unexplained Wealth.
a. Information sheet (IS) of Subject.
b. Records of incomes, allowances, per diems, etc.
c. Statement of incomes, allowances, per diems, etc.
d. Statement of Assets and Liabilities
e. Records of real and personal property, such as lands, houses, vehicles, animals,
shares of stocks, bonds and other investments, etc. (their acquisition costs should be
determined)
f. Income Tax Returns (all available)
g. Bank Records where Subject has contracted loans.
h. Savings and time deposits, and current accounts, as an exception to the application
of the Secrecy of Bank Deposit Acts (RA 1405)
i. Interviews of persons who can give information as to the property of Subject, their
sources, whereabouts, costs, etc.
j. Follow up all leads, appearing in all the records, documents secured, as to Subjects
assets and liabilities.
k. Others as indicated by the peculiar circumstances of the case.
l. Explanation of the Subject if he so elect.
3. Formula in Establishing the Case.
a. Determine the Subjects asset and liabilities (net worth) before assumption of public
office.
b. Determine the Subjects sources of income during his tenure of office.
c. Determine the Subjects expenses (to be deducted from his income) during his tenure
of office
d. Determine the Subjects assets and liabilities (net worth) after his tenure of office.
e. Determine the Subjects increase/decrease in assets and liabilities (net worth) after
his tenure of office.
4. When is there illegal Enrichment in Office?
a. With Subjects income and expenses constant, an increase in assets without a
proportionate increase in liabilities.
b. Where Subjects income has increased and expenses constant, an increase in
liabilities must be compared to the increase in income. Where the increase in assets far
exceeds the increase in income, illegal enrichment is very probable.
c. Decrease in income/increase in expenses and decrease in liabilities are factors that
strengthen a case of illegal enrichment where there is an apparent increase in assets.
5. Investigation of Corrupt Practices. In the investigation of this kind of case, the
investigators is advised to be guided by the provision of law involved, the elements of
the acts complained of the sought to be proved. (See Section 3, para. A-k RA3019)
6. Investigation of Cases Re Prohibition of Certain Persons.
As in the investigation of corrupt practices cases, the investigator should be guided by
the pertinent provisions of the law (See Section 7, ibid).
7. Investigation of Cases Re Failure to File Statements of Assets and Liabilities.
a. Certification from Department heads, or Office of the President, or Office of the
Secretary of the corresponding House of Congress.
b. Explanation of Subject (if he so desires.)
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g. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such copy a statement contrary
to, or different from, that of the genuine original
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
2. Specimen or Standard Writings.
To prove falsification, it is usually necessary for an investigator to secure a specimen of
the suspects handwriting for comparison purposes. There two (2) classes of specimen
or standard writings. One consists of writing or printing executed form day to day in the
course of business, social or personal affairs.
Such standards may be referred to as collected standards. The second class consists of
specimens of persons writing or printing executed upon request of the investigating
officer for the sole purpose of comparison with the questioned documents and is
generally known as requested or dictated standards.
59
f. Places where evidence can be found. Weapons or poison, etc. Where can they be
obtained? Where can they be hidden?
g. Other places as indicated by the peculiar circumstances of the case.
2. Times of Importance.
a. Time when fatal injury was inflicted. You have to put the suspect(s) at the crime
scene at this time by admissible evidence
b. Time of incapacitation
c. Time of death
d. Time body was discovered
e. Time crime was reported
60
ii. Factors: Body temperature at the time of death; body size (fat, slower, child, faster;
etc.); clothing or covering; environmental temperature (wind and high humidity increase
evaporation of water and hasten cooling); immersion in water (good conductor).
b. Rigor Mortis (Stiffening of Muscle Tissue)
i. General Rates (Average clothed adult; observable in small muscles first);
Detected within 2 to 4 hours.
Completed within 6 to 12 hours.
c. Livor Mortis
i. Rate:
Visible to 4 hours
Well-developed 3 to 4 hours
Maximum 8 to 12 hours
ii. Factors: Circulatory failure (Stagnation; skin livid prior to death); chronic anemia or
acute blood loss (lividity less marked); carbon monoxide poisoning; cyanide poisoning;
case of rapid cooling (water); Tradieus Spot petechiate (over-congestion of blood in
capillaries).
61
i. Designate one person to pick up all the physical evidence. No one should touch or
move anything until after the fingerprint man and criminologist have finished their tasks.
j. A systematic, detailed search of the crime scene should be conducted. After this
search, have another team re-search the area. This is done under the theory that one
person might see items of evidence that could have escaped another person.
k. Color photographs should be taken as well s black-and-white.
l. Look for physical evidence that will tend to prove the elements of the crime you are
investigating.
m. Look for unusual odors, symbols, fetishes, rituals.
n. When the body is finally moved, attention should be given to the area beneath the
body.
o. While moving the body, use a rubber sheet to prevent contaminating the crime scene
with spilled blood.
p. Conduct a careful inspection of a dead person holding a gun. (The hand of dead
person usually has no gripping power. Therefore, if the gun were placed in the hand
after death, it may have been placed in an unnatural position (Cadavaric Spasm).
q. Note the condition and types of food at the crime scene as the pathologist may be
able to use this information in determining whether the victims last meal was eaten at
the crime scene.
r. The course and direction of each bullet should be determined. This applies to the
trajectory of the bullet through the body as well as the trajectory of the bullet through
solid object at the crime scene.
s. If all slugs are not removed at the crime scene, have the body X-rayed. X-ray is
excellent for determining the distance of fire from patterns and shows the trajectory of
the bullet through the body.
t. Take photographs of all bystanders. These may be helpful later to identify possible
witnesses or subject (who sometimes DOES return to the crime scene).
u. Try to:
i. Determine if any of the victims property of money is missing.
ii. Record the color of blood stains (bright red, reddish brown, brown, black or almost
black)
iii. Determine what portion of the stain is wet (just the center, completely wet, completely
dry, dry around the edges) of an estimate of time of death.
iv. If the blood is wet, see if a paper clip will separate the stain as it goes through or if
the blood will flow together again.
v. Note the size, dimension and location of blood drops.
vi. Determine the direction and distance of blood drops.
vii. Enter in your notebook details of the test to determine whether the victim is still alive.
Records if the body is cool to touch, warm, etc.
viii. Record the weather, as well as weather changes (sunny to cloudy or vice-versa)
ix. Talk to everyone with whom the suspect has talked to.
x. Look for weapons which could have inflicted the wounds.
xi. Obtain soil samples (double handfuls) at ten-foot intervals when appropriate in circles
around the body and the scene.
xii. Take samples of other items for exclusionary purposes.
xiii. Obtain botanical samples when necessary.
xiv. Take a temperature reading of the scene. If the body is submerged in a bathtub,
record the temperature of the water at the time of your arrival.
v. If it is necessary to cut off the victims clothing, the cut should not be done through
bullet or knife holes. Where possible, cut the clothing along seams so that the clothing
can be restored to approximately its original condition.
w. The spatter pattern of blood spots should be noted sits is:
i. An aid in determining if the object or persons was in motion when the blood spattered.
ii. Possible for an expert to tell you how the crime was committed as indicated by the
blood spots.
iii. Possible to trace every spot to its origin by observing its characteristics.
iv. Indicative of whether it was a result of a weapon striking a victim, or it was thrown
there from a weapon, or it was created by some other weapon.
x. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light
bulbs, telephone, doorknobs, etc.
62
y. When fingerprints an object which has a dark color, consider using fluorescent
powder as the standard fingerprint powders are not as effective in developing latent
prints on such objects.
z. Aerial photographs of the crime scene and escape route should be taken, when
possible and practicable.
8. Handling the Suspect.
a. IF THE SUSPECT IS AT THE CRIME SCENE, DO NOT ADVISE HIM OF HIS
CONSTITUTIONAL RIGHTS UNLESS HE IS TO BE QUESTIONED THERE
IMMIDIATELY FOR EVIDENCE OF HIS OWN GUILT TO BE USED AGAINST HIM IN
COURT.
b. Obtain the following evidence from the suspect:
i. The suspects clothing should be photographed, marked, and sent to the laboratory.
ii. Any scratches on the suspect should be photographed.
iii. Fingernail scrapings should be obtained.
iv. Take blood samples from the suspect in a medically approved manner and with
proper legal justification.
v. Take hair samples
vi. Acquire handwriting samples when applicable
vii. Have the fingerprint technician check the paper money which may have been taken
from the victims house for the victims fingerprints.
viii. Check the suspects personal effects very closely for items of evidentiary value.
ix. Obtain teeth mark impressions when appropriate.
x. Semen samples in rape or rape with homicide cases should be obtained medically,
not by hand.
xi. Consider polygraph examinations.
c. Never take suspect or a subject to the crime scene in the clothing he was wearing at
the time he was arrested. (This includes shoes.) The defendants lawyer may later claim
that the clothing was contaminated at the scene of the crime.
d. Attempt to ascertain the following:
i. The suspects mode of living as compared to the amount of his income.
ii. The suspects mode of living before the crime as compared to his mode of living after
the crime. (Compare his financial condition before the crime with his financial condition
after the crime)
iii. Compare his behavior before the crime with his behavior after the crime.
e. The interrogation of the suspect should cover all of the elements of the alleged
offense and the interrogator/investigator should ascertain if the defendant knew nature
and consequences of his acts.
f. Make a methodical and complete check of any suspects alibi. (If consider him to be a
good enough suspect to spend valuable time talking with him, then it is worth taking the
time to check his alibi.)
9. Body and Post Mortem
a. Someone should be designated to accompany the body from the scene to the
autopsy. If the victim is alive, a dying declaration can be taken reroute to the hospital.
b. An investigating officer should remain at the autopsy to prevent the embalming of the
body and to prevent anyone from touching or removing any of the clothing form the
body until the pathologist arrives. He should also be able to make a detailed report to
the homicide commander regarding the findings of the pathologist. He will be expected
a convey details of the crime scene investigation to the pathologist and, if the defendant
has made a statement that the victim was in a certain position, this should be related to
he pathologist.
c. Whenever possible, request that a crime laboratory technician attend the autopsy.
The technician, the detective and the pathologist can contribute a great deal to the
successful outcome if they share their knowledge at one of the most important stages of
the investigation the autopsy.
d. The photograph of the position of the body at the crime scene can be valuable aid to
the pathologist in determining whether the location of the post mortem lividity is
consistent with the position of the body as depicted in the photograph.
e. At the autopsy:
i. Obtain a blood sample form the victim.
ii. Collect the victims clothes, mark, and preserve them as evidence.
iii. Take fingernail scrapings from the victim if not previously done.
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iv. Ask the laboratory technical to check wounds to compare with the weapon used.
v. Obtain hair samples (from wounds and all areas of the body).
vi. Obtain all semen from the vaginal canal. (Pay specific attention to the amount as the
amount may be indicative of more than one act of intercourse.)
vii. Check the breasts for saliva in rape with murder cases.
viii. Check for bloody fingerprints and other evidence on the body of the victim.
ix. Have the victim finger-, palm and footprints.
x. Take color and black-and-white photographs. (Scale photographs of some of the
injuries should be made.)
xi. Rectal temperature should be taken.
xii. Teeth mark impression should made where applicable.
xiii. Have the laboratory technician check the body for powder burns and residue.
xiv. Ask the pathologist for an opinion regarding the suddenness of death, time of death,
the possibility of movement after death, the sequence of shots, the direction and
possible trajectory of the bullet, ect.
xv. Look for wounds in the eyes, hairy surfaces, mouth, ears, nose rectum, vagina.
xvi. Consider utilizing X-ray techniques to establish the depth of stab wound and the
shape of the instrument inflicting the injury.
xvii. In stabbing cases, have the body X-rayed for a possible broken tip from the
weapon, where applicable.
xviii. Obtain body organs in case of death by poisoning.
xix. Take feces sample when needed. (Death after act of sodomy, necrophilia,
poisoning)
xx. Be ready to give the pathologist detailed information from the scene.
xxi. Remove the victims rings and other personal property.
10. Follow-up Investigation.
j. Present photographs and crime reports to several psychiatrists to ascertain what type
of person would commit such a crime. A consensus regarding the type of person by the
psychiatrists will furnish investigative leads. Is motive obvious?
k. Read the newspaper articles regarding the crime and maintain a files of these
articles. You may obtain some valuable ideas or investigative leads.
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l. Consider the use of bloodhounds in appropriate cases. When the qualifications of a
bloodhound to trail human beings has been proven and there is evidence tending to
show the person charged was in the area of the homicide, evidence that trained
bloodhounds found by following a trail to the defendant is admissible. (Hodge v. State
98 Ala 10, 13 So 385; Richardson v State Ala 46, 41 So 82).
The qualifications of a bloodhound to follow the trail of a human being are sufficiently
established by the testimony of his owner, detailing the method used in training the
door; the length of time it had been trained; its aptness, accuracy, and dependability;
and that he had purchased both the father and mother of the four as full-blooded
pedigreed bloodhound. (Bullock v. Com 249 KY 1 60 SW (2d) 108)
Evidence is admissible in a prosecution for homicide that on being started from the
scene of the crime, which had been protected from subsequent intrusion, a dog which
had been qualified trailed the home of the accused. (Ibid.)
m. Schedule frequent meetings for all persons assigned to the investigation. At these
meetings, discuss all of the leads and the suspects. It is strongly suggested that the
discussion be recorded or that a secretary take a shorthand record and that a typed
transcript of the discussion, the recommendations, and the assignments be furnished to
each member of the team.
e. If the foregoing step (letter d) might endanger the life of the victim, it is better
to freeze all investigative activities until the victims relatives hear from the
kidnappers. Always remember that in kidnapping, the safety and security of the
victim is the primary consideration.
2. When Demand for Ransom is Made by Telephone.
a. Steps should immediately be taken to legally record all telephone conversation
with any member of the kidnapping group.
b. Make necessary legal arrangements to trace calls made by the kidnappers.
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c. Covert surveillance of all places where telephone calls were made should be
conducted. Instruct the victims relatives to prolong the conversation with the
kidnappers to get as much information as possible (such as background noise,
intonation, peculiarity of speech, callers age, sex, exact words used, etc.)
without, however, inviting suspicion that the relatives are acting upon orders of
the police.
d. KIDNAP CALL REPORT
If you received a kidnap call:
i. Try to signal someone to listen an another extension.
ii. Keep the caller online for as long as possible
iii. Do not antagonize the kidnapper
iv. Give the kidnapper a code word for later identification.
v. Ask:
Vitims name
Where and when seized
Victims code name
vi. Ask to speak to the victim
vii. Make a written record of it:
Callers age
Sex
Mental State
Peculiarity of speech (lips, accent, etc.)
Exact words used
Time call was received.
Extension received on
viii. Notify security office at once.
ix. Tell no one else about the call.
It is good practice to keep a form such as this near every telephone In your
organization to ensure that a kidnap call is handled in the right manner, no matter
who receives it.
3. When Demand is in Writing
Demand for ransom made in writing calls for a careful handling of the written
communications for possible lifting of latent fingerprints. Hold the letter by its edges and
save the envelope in which the note was placed.
4. When Contact is Made With the Kidnappers.
a. Instruct the relatives of the victim to request the kidnappers to show proof that
the victim is still alive.
b. Victims relatives may ask the kidnappers to reduce the amount of the ransom.
5. Agreement re Amount, Place, Manner of Delivery of Ransom Money.
a. Denomination and serial numbers of the bills must be recorded.
b. The designated place for the delivery of the ransom should as much as
possible be place under surveillance is such a way as to avoid possible
detection. The purposes of the surveillance are:
i. To be able to tail the suspect(s) in the hope that he (they) will lead the
officers to the hideout
ii. To identify the kidnappers for the follow-up investigation.
The question of whether or not the suspect(s) should be arrested once the
ransom money is picked up would depend on the attendant circumstances
and the wishes of the relatives of the victim.
As much as possible, the person instructed to deliver the money should be provided
with appropriate equipment or facilities (like wireless transmitter or beeper) to able to
communicate with law enforcement of officer working on the case at any time while
undertaking his mission and thereafter.
c. The kidnappers demand and instructions as to time, place and manners
should be strictly followed.
6. If victim has been Returned.
a. Conduct the necessary investigation for the identification and arrest of
the kidnappers.
b. At this stage, all investigative techniques likely to lead to the
identification and arrest of the kidnappers should be utilized.
7. The Kidnap Victims conduct.
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There are no rules of conduct that a kidnap victim can follow which will assure his
or her release of human treatment. However, there are some things that a kidnap victim
may do which will help to protect him or her.
a. It is generally best to do what your captor says.
b. Stay Calm.
c. Try to establish a dialogue with the kidnappers.
d. Observe/ feel you can bout your surroundings.
e. Leave your fingerprints around the room in which you are held.
f. Listen carefully to all conversations of the kidnappers among
themselves.
g. If the police assault the building in which you are held, drop the floor
and use any cover you may find.
h. Never tell the kidnappers that you can identify them later.
i. Try to delay matters as much as possible without making the kidnappers
suspicious.
These three may be reduced to two only. The first form under subdivision
(i) if known as estafa with abuse of confidence (the abuse of confidence
takes the place of deceit), and the second and third
forms under subdivisions
(ii) and (iii) cover estafa be means of deceit.
iii. That the offended party relied on the false pretense, fraudulent act or
fraudulent means, that is, he was induce to part with his money or
property because of the false pretense, fraudulent act or fraudulent
means.
iv. That as a result thereof, the offended party suffered damages.
d. Estafa through falsification of public or commercial documents. When the
offender commits on a document any of the acts of falsification under Article 171
of the Revised Penal Code, as a necessary means to commit another crime, like
estafa, theft or malversation, the two crimes form a complex crime under Article
48. the document, however, must be public, official or commercial. If the
falsification is committed to hide the crime of estafa, there are two separate
offenses of estafa and falsification.
e. Payment made subsequent to the commission of the crime of estafa does not
extinguish criminal liability or reduce the penalty, nor does it alter the nature of
the crime.
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2. Estafa through Issuance of Postdating of Check without Funds.
a. Elements
i. That the offender has postdated or issued a check in payment of an
obligation contracted at the time of postdating or issuance of such check,
not pre-existing at the time of payment.
ii. That at the time of the postdating or issuance of said check, the
offender had no funds or the funds deposited were not sufficient to cover
the amount of the check.
iii. That the payee has been defrauded.
b. It is still essential that the check must be issued in payment of a simultaneous
obligation. So, if it was issued in payment of a preexisting obligation, there is no
estafa since the accused obtained nothing for the said check.
c. If a check was issued as a mere guarantee, there is no estafa since it was not
issued in payment of an obligation. And when the postdated checks were
intended merely as promissory notes, there is also no estafa.
d. Good faith is a defense regarding the issuance of such checks. The payees
knowledge that the drawer has no sufficient funds to cover the postdated checks
at the time of their issuance negates estafa.
e. Issuance of the check must be a MEANS to obtain a valuable consideration
from the payee (offended party)
3. The Bouncing Check Law (Batas Pambansa Blg 22) Acts penalized under BP22 are:
a. The making, drawing or issuance any check to apply on account of for value,
the drawer knowing at the time of issue that he does not have sufficient funds in
or credit with the bank to pay the check in full when it is presented for payment.
The check is dishonored had not the drawer, without any valid reason, ordered
the bank to stop payment.
f. Study and formulate the mode and scope of the interrogation. This includes
confrontation and identification of documents by the person(s) under
interrogation.
g. Verity and follow up leads furnished by the person(s) interrogated
h. Apply standard investigative techniques.
i. Collate and evaluate evidence techniques
j. Prepare the report.
3. Documents Involved in Particular Bank Transactions.
a. Foreign Letter of Credit (L/C):
i. Application and agreement for commercial L/C
ii. Firm offer or pro form invoice or cable quotation.
iii. The Letter of Credit itself.
iv. Offering ticket.
v. Official receipt (for marginal deposits)
vi. Check (used in making marginal deposits)
vii. Cable ticket
viii.Credit/Debit advice
ix. Insurance policy
x. Bill of lading
xi. Certification issued by the Bureau of Customs
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xii. Certification issued by the Central Customs
b. Telegraphic Transfers:
i. Application for purchase of foreign exchange for miscellaneous
purposes.
ii. Evidence of indebtedness to support the application (such as invoice,
statement of account, and other shipping documents)
iii. Certification issued by the agents bank
iv. Debit ticket
v. Cable advice
vi. Telegraphic transfer.
c. Real Estate Mortgage Loan:
i. Loan application.
ii. Torrens Title and/ or Tax declaration
iii. Inspection and appraisal report
iv. Credit investigation report
v. Loan approval memorandum
vi. Promissory note.
vii. Real Estate Mortgage contract.
viii.Deed of Sale of the property used as collateral
ix. Board minutes relative thereto
x. Check used in the withdrawal of the loan.
NOTE: In case the proceeds of the loan were deposited in a Saving Account, also ask
for the following documents.
d. Encashment of Out-of-Town Check:
i. Check
ii. Remittance slip (prepared by the bank which honored the check for
encashment)
iii. Tellers block sheet (prepared by the bank which honored the check for
encashment)
iv. Clearing and distributing clerk block sheet (prepared by the bank which
honored the check for encashment).
v. Accountants block sheet (prepared by the bank which honored the
check for encashment)
vi. Monthly reconciliation statement (prepared by the Head Office of the
bank which honored the check in question.
e. Time Deposit:
i. Deposit slip
ii. Certificate of time deposit.
iii. Check used
iv. Tellers proof sheet
v. Tellers daily record of deposits.
vi. Check register
vii. Individual ledger card
viii.Withdrawal slip
ix. Books of accounts
x. Specimen signatures card.
f. Demand Draft:
i. Application
ii. Demand draft
iii. Cashiers Check
g. Trust Receipt
i. All documents needed re foreign L/C
ii. Invoice (only in case of domestic L/C
iii. Draft
iv. Trust receipt
h. Over Draft Line:
i. Agreement for advances in current account
ii. Bank resolution
iii. Collaterals used; that is, either the Real assignment of deposit.
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iv. Check used by the bank client Estate Mortgage or
i. Domestic L/C:
i. Invoice
ii. Draft or promissory note.
iii. Trust receipt
j. Cashiers Check:
i. Application
ii. Cashiers check
iii. Check used, if any (Sometimes, applicant cashiers check) uses checks
in buying
k. Money Market
i. Promissory note
ii. Call slip
iii. Repurchase agreement
iv. Check used.
l. Encashment of Fake and/or Forged Foreign Checks
i. Check involved
ii. Debit and credit ticket
iii. Withdrawal slip
iv. Passbook
v. Specimen signatures card
vi. Debit and credit advice
vii. Affidavit of the real payee
viii.Return slip
ix. Blue paper (the schedule of receipts of collection items(
x. Deposit slip
NOTES:
1. Money market This is one kind of bank transaction wherein a particular bank will
issue a promissory note I favor of another bank
2. Call Slip is a debt and credit ticker authorizing the Central Bank to pay a certain
bank chargeable against the account of another bank
3. Demand Draft is a bank transaction wherein a client of a bank will buy or purchase
a demand draft to be presented to its branch.
5. Out-of-Town Check is a check being presented for encashment before any bank
located not within the territory where the issuing bank is located.
I. ARSON INVESTIGATION
A. Arson Investigation
1. Law and Jurisprudence
The law on arson in the Philippines is covered by Articles 320 to 326 of the
Revised Penal Code, as amended by PD No. 1613, PD No. 1744, and RA 6975, Sec.
54 which provides that the fire bureau shall have the power to investigate all cases of
fires and, if necessary, file the proper complaint with the City/ Provincial prosecutor who
has jurisdiction over arson cases.
a. Elements of Arson:
. Actual burning took place.
. Actual burning is done with malicious intent
. The actual burning is done by person(s) legally and criminally and
criminally liable.
b. Art. 326-B, RPC Prima Facie Evidence of Arson Any of the following
circumstances shall constitute prima facie evidence of arson:
. If after the fire, materials or substances soaked in gasoline, kerosene,
petroleum, or other inflammables, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire or ashes or traces of any
of the foregoing are found.
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. That substantial amounts of inflammable substance or materials not
necessary in the course of the defendants business were stored within
the building; and
. That the fire started simultaneously in more than one part of the building
or locate under circumstances that cannot normally be due to accidental
or unintentional causes: Provided however, that at least one of the
following is present in any of the three above-mentioned circumstances:
c. That the total insurance carries on the building and /or goods is more that 80%
of the value of such building and/or goods at the time of the fire:
d. That the defendant after the fire has presented a fraudulent claim for loss.
The penalty of prision correccional shall be imposed on one who plants the
articles above-mentioned, in order to secure a conviction, or as a means of
extortion or coercion. (As amended by RA 5467)
e. Sec. 6 PD1613 Prima Facie Evidence of Arson Any of the following
circumstances shall constitute prima facie evidence of arson. These are in
addition to those enumerated under Art. 326-B of the Revised Penal code:
. If the fire started simultaneously in more that one part of the building or
establishment.
. If substantial mounts of flammable substances or materials are stored
within the building not necessary in the business of the offender nor for
household use.
. If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith, or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to
start a fire, of ashes or traces of any of the foregoing are found in the ruins
or premises of the burned building or property.
. If the building or property is insured for substantially more than its
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iii. Out-building and grounds.
iv. Interior of the building, room by room, in logical sequence.
v. Evidence, prior to removal, in close-up and wide angle shots.
vi. Travel of fire and to burn or reduce to charcoal.
c. Sketches
i. Before the fire: A sketch is made to assist firemen and investigators in
presenting a clear picture of the involved building to the court. The sketch
may be approximate or accurate, depending upon the ability of the
investigator, it should show clearly the rooms, halls, closets, doors,
windows and stairs. Its should show utility leads into the building. In
commercial or industrial buildings, the sketch should locate the standpipe,
audible alarm bell, elevators or any other pertinent factor involving the
investigation of the fire.
ii. After the fire: the whole layout should be sketched indicating therein
exact places where articles, etc. were found and the position thereof. (See
also Chapter 2 re Sketching the Crime Scene)
d. Laboratory (See also Chapter 6 re Scientific Aids to Criminal Investigation)
i. Evidence must be collected, identified and preserved and then
transported to the laboratory in the best possible condition. Every effort
should be made to prevent contamination of materials secured as
evidence. Containers for evidence may consist of heavyweight plastic
bags of various sizes, clean glass mason jars with rubber washers and
screw tops, metal cans with clean pressure or plastic lids, clean glass
bottles with screw caps, and card-board or plastic boxes of assorted size.
f. Insurance
i. The insurance agent of broker will provide the name of the
company(ies), policy number(s), terms of the insurance and expiration
dates, mortgage payable clause, name of the adjuster, and whether or not
the insurance was in the period of cancellation. It should also be
ascertained, from the agent/ broker who solicited the business, who
suggested the amount of coverage and whether the premium payment
was current or delinquent.
ii. The insurance adjusters can provide complete insurance information
regarding the loss. He can also supply any statements taken from the
assured. He will be able to provide a sworn proof of loss, which will
include specific items claimed, damaged or lost and which may provided
the investigator with information indicating an attempted fraud. Adjusters
frequently have access to the books (ledgers, journals, inventories, etc.) of
the business establishment involved in the fire. Should the investigation
indicate a probable fraud, the adjuster can request the interest insurance
company(ies) to withhold payment during the course of the investigation.
g. Neighborhood inquiry
When conducting a neighborhood inquiry, interview persons in a wide
area of the surrounding community. Interview the person who discovered the fire,
how he/she happened to be in the area, the location of the fire when initially
observed and other pertinent facts. Interview the person who turned in the alarm.
Obtain observation from neighbors concerning the fire, prior to, during and after
the fire. Ascertain the relationship of the owners(s)/ occupants(s) with the
neighbors. Witnesses may be able to provide information relative to the insureds
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domestic life, financial condition, anticipated sale of the property and problems
with the property such as flooding, heating, change of routes, etc. it is sometimes
useful to take statements from any witnesses who appear to be hostile or who
may later change their testimonies. Remember you are seeking information. Do
not divulge information to witnesses.
h. Public records.
i. Legal records: deeds, mortgages of real estate and chattels; liens,
encumbrance; local and national taxes; hospital and mental records.
ii. Financial and credit information: building and loan associations: credit
bureaus: charge accounts; public utilities, i.e., gas, water, electricity,
telephone; servicemen, i.e., newsboy, milkman, etc.
iii. Employment records, military records, school records, juvenile court
records..
3. Questioning Principal Suspects.
a. Prior preparation will determine when the investigator should conduct
the initial questioning. All background information pertaining to the suspect
and the matter under investigation should be known to the investigators
prior to the interview. Principal witnesses should be questioned
separately. The fewer the investigators present at the
interview (two is an ideal team), the more prone the suspect will be to
divulge information.
b. Statements.
i. Tape-recorded statements should be made on a permanent
recording, for their preservation, to forestall any alterations, nd to
ensure their availability to the court if necessary. Once started, a
tape recorder should operate continuously. If for any reason the
recorder is shut off, the subject should be made aware of this, and
when the recording is resumed, the reason for shutting off the
recorder should be noted and the subject should be asked if he was
promised any reward, threatened, or forced to continue his
statement.
ii. When shorthand notes are being taken, the stenographer should
be introduced to the subject. Some investigators request the
subject to initial all pages of the shorthand notes.
iii. Statements may be narrative or question-and-answer type.
There may be times when the subject will write his own statement,
and this is desirable.
iv. Statements should contain a complete personal history of the
principal subject, associates, complete and accurate account of the
purchases, lease of rental of the involved property, any strikes,
personnel problems, loss of business, neighborhood change,
highway changes, inventory, a complete account of his activities,
prior to, during and after the time of fire, etc.
4. Motives.
It is not essential to prove motive in obtaining a conviction for the crime of
arson. Establishing a motive does help in providing the reason why the suspect
committed the crime. The following motives for setting fires are well-known to
investigators and are self-explanatory.
a. Fraud
b. Spite Revenge
c. Cover up a Crime
d. Vandalism Riots
e. Pyromania
f. Juvenile delinquency
B. Reporting Arson Investigation
1. Preliminary Report
It is not necessary to go into details in preparing a preliminary report. This report
should be submitted to the supervisor as soon as possible list the following.
a. Owner his /her name and present addresses
b. Occupants theirs names and present addresses.
c. Date and hours of fire.
d. Location of fire, street address, city or municipality, province.
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e. Person requesting investigation and date of request.
f. Brief description of the building as to construction and occupancy
g. Available insurance data:
i. Name and address of agent
ii. Name and address of adjuster
h. Investigators conclusion as to cause of the fire. Is it accidental? Suspicious?
Incendiary?
i. Reason for closing the investigation. Accident report may be concluded
with the preliminary report.
j. Reason for continuing the investigation. Note what action is expected to be
taken by the investigator.
k. Date of preliminary investigation
l. Date of report
m. This report should contain a resume of the facts and information obtained
during the course of the preliminary investigation. It should cite the reasons for
investigators conclusions.
2. Final Report
This report contains a word picture of all information developed during the
investigation. All materials included should be concise. Accurate and complete, as it
becomes a permanent record and may be used by prosecutors and attorneys in the
preparation of cases for trial.
a. Case number
b. Date of report
c. Name, title, address of person requesting investigation and date of request.
d. Subject: owner or occupant, and present address.
e. Date and hour of fire alarm
f. Weather condition, wind direction, speed, etc
g. Complete and detailed descriptions of building: height, construction, type of
roof, wiring, plumbing, heating device, air conditioning, fuel etc. (Attach sketch) if
automobile or non-structure fire, describe and give the serial number, license
number, make, model, etc.
h. Location of loss. If in the city, give the street name and number and city name.
if rural, give mailing address, distance and direction from the nearest road
intersection, plot or lot number, etc.
i. Occupants.
i. Dwelling: List names, ages, race, relationship, present address,
telephone numbers, place of employment. If multiple dwelling, contact all
occupants and obtain the above information.
ii. Commercial/ Institutions: List names, titles and addresses of all officer
and supervisory personnel.
j. Fire history
i. Name and address of person(s) who discovered or reported the fire.
ii. Fie departments and companies responding and officers in charge.
iii. Detailed history of the fire as learned from the fire officials and firemen.
In this paragraph, list any unusual circumstances observed by firemen in
extinguishing the fire.
k. Insurance.
i. List name, address, telephone number of company, amount of
insurance, date and number of policy and to whom it was issued.
ii. Agents name, address, telephone number and name of company.
iii. Adjusters name, address, telephone number and name of company.
l. Evidence
What was found, the date, time, location and who now has custody;
names; titles and addresses of persons securing evidence; how marked; date
and time evidence was taken to the laboratory, receipt to be made a part of the
report. Report from laboratory should also be made a part of the report. Evidence
should be secured until the case is disposed of.
m. Photographs
Note the type of camera used to take the photos; the name, title and address of the
person taking the photos; the name and address of the person or firm developing the
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prints; type of film used. List the order in which the photographs were taken, and what
each depicts. Not who has custody of the negatives.
n. Fingerprints.
It is desirable to include three copies of fingerprints and photos of suspect(s) if
available.
o. Suspects.
i. In case no charge is filed or will be filed until more information is
obtained, but the reporting officer has the name(s) of strong suspect(s),
such name(s) should be included here.
ii. State the names, aliases and nicknames of the suspect(s), the present
address, occupation, places of enjoyment, habits, associates, family
history, and past criminal records and physical descriptions.
p. Motive
The investigator should describe in his own words the reason or reasons
why the suspect committed the crime. The suspect might have related his
motives for the commission of the crime, of they may be deuced from the
statements of witnesses.
q. Modus operandi
Describe or narrate in investigators own words the method, system or
manner by which the suspect entered the building, such as by using a key,
forcing a window or door open. Also outline suspects actions before, during and
after the crime. Set forth all other relevant information that may be obtained,
outline from what sources these conclusions were drawn.
r. Property.
List and describe the articles that were removed from the premises before
the fire, and if recovered, give the name and address of the holder. Also list and
describe any articles that the owner said were in the fire and which you were not
able to identify as being there. If the articles were recovered, note the time and
date of recovery, and where they were recovered. Secure a copy of the proof of
loss.
s. Witnesses.
Give the names, ages and addresses of witnesses, their occupation,
reliability and availability. State what each can testify to and, if possible, state
whether a witness is prejudiced for or against the subject. Include a written report
of all statements obtained from witnesses. Lengthy statements may be separated
and attached to the report. Summarize and statement in the report and refer to
the complete statement attached.
t. Financial reports.
Obtain reports of the financial status of owners, suspects or the accused,
i.e., bank statements, mortgage, debts, bankruptcy, etc,; credit reports;
information on sale of property. Information pertaining to deeds, titles, taxes, etc.
should be included in this paragraph.
u. Court action.
State the defendants name, ages, and addresses. Give the names and
addresses of the courts residing judge, the prosecutor and defense counsel.
v. Assisting officers.
Police, firemen from fire service, NBI agents, etc.
w. Subsequent reporting
In submitting additional information, follow the outline, as set forth, listing
the information to be reported under the proper headings and in the same,
sequence, using only the captions applicable.
J. INVESTIGATION OF BOMBING
A. Explosive Investigation.
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1. Preliminary Remarks
Investigation of this nature calls for the full use of ingenuity, investigative
resourcefulness and scientific crime detection methods.
2. Interview and interrogation.
a. All persons identified to be at the scene on arrival of the police and who
might have witnessed the explosion should be interviewed.
b. Interviews must cover indications of suspicious activity as well as facts
of the explosion itself, namely:
i. Sound of the explosion;
ii. Force of the explosion and its direction;
4. Motive.
This is very important in selecting suspects. Consider such traditional
circumstances as:
a. Evidence of motive
b. Evidence of plan, design or scheme.
c. Evidence of ability and opportunity to commit crime.
d. Evidence of possession of the means for a bombing
e. Evidence of flight after the explosion
f. Evidence of lying, attempts to influence potential witnesses, faking an
alibi, destruction of potential evidence, and other indications of a
consciousness of guilt.
g. Consider the possibility that the victim had the bombing done for his
own benefit publicity, sympathy, insurance, marital problem, etc.
h. Consider the possibility that a hate organization is involved regardless
of whether the group is large or small, adult or juvenile.
i. Do not concentrate all of your time on one suspect.
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viii.Assign General Area Search and Investigative units.
ix. Manage, evaluate and finalize search and investigative actions.
x. Conduct final scene evaluation conferences.
b. PHOTOGRAPHER
i. Select and assemble equipment
ii. Photograph immediate and general area including victims, crowd
and vehicles.
iii. Photograph team operations.
iv. Photograph blast seat and damage showing measurements.
v. Photograph evidence as found
vi. Photograph immediate and general area from aerial perspective
vii. Take scene reconstruction photographic series
viii.Photographs blueprints, maps and previous photos of the
scene, if necessary.
ix. Photograph known or potential suspects.
x. Identify additional photographic needs with all scene
investigators.
c. Evidence Technician
i. Select, assemble and distribute collection equipment to search
team members.
ii. Prepare evidence control log and set up evidence collection
points.
iii. Coordinate and control evidence collection techniques and
procedures
iv. Record the receipt of all properly marked and packaged
evidence from search teams on the evidence control log.
v. Categorize collected evidence.
vi. Maintain custody and control of collected evidence at the scene.
vii. Coordinate with the team leader and other investigators.
viii.Verify collected evidence with evidence control log before
departing the scene.
ix. Document the chain of custody and provide temporary storage
x. Prepare laboratory analysis requests and transmit evidence to
the laboratory.
d. SCHEMATIC ARTIST
i. Select and assemble equipment.
ii. Diagram immediate blast area
iii. Diagram general are
iv. Identify evidence found by indicting the assigned evidence
numbers on the evidence control sketch showing the location
where found.
v. Show necessary measurements of heights, lengths and widths
vi. Make artists conception of the scene prior to the blast with the
help of witnesses, showing how furniture was arranged or how the
structure was before the explosion.
vii. Prepare a legend on the diagrams
viii.Inventory collected evidence with the evidence technician and
ensure that tall evidence is noted on the control sketch
ix. Properly mark and identify the evidence control sketch and other
diagrams for proper court pre-senta-tion.
e. IMMEDIATE AREA INVESTIGATIVE UNIT
i. Select and assemble investigative equipment
ii. Interview local officers, firemen and all possible witnesses at the
scene
iii. Determine the owner of the property, the victim of the explosion,
and if any person were injured in the blast
iv. Obtain names of any persons who are normally on the premises,
such s employees, watchmen of janitors.
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v. Provide the names and locations of all persons or groups who
should be interviewed to the General Area Investigation Unit. This
list will include the injured persons who ere taken to a hospital or
rescue workers who have departed from the scene.
vi. Identify all persons at the explosion scene and coordinate with
the photographer to film the crowd and vehicles in immediate and
general areas.
vii. Record description and time of sounds, color of smoke and any
odors noticed by witnesses.
viii.Question the witnesses and record facts pertaining to the
general activity at the scene prior to the explosion
ix. Question the witnesses and record facts pertaining to anything
unusual about the activity or any facts concerning unidentified
packages, items, persons, or vehicles.
x. Reconstruct the immediate area activity and coordinate with the
team leader and other investigators.
f. IMMEDIATE ARE SEARCH UNIT.
i. Select and assemble equipment
ii. Stay alert for structural hazards, secondary devices and
entrapment devices, before and after entering blast area.
iii. Locate seat explosion or point of fire origin
iv. Coordinate with schematic artist and photographer before
disturbing the crater or immediate blast area
v. Measure and record the size, depth and shape of the crater of
damage
vi. Collect samples from the blast seat and retain necessary control
samples.
vii. Search and sift the seat of the explosion for device components
viii.Divide the immediate area into a search pattern and make a
methodical search. Search from the seat of the explosion to an
expanded area that overlaps with the general area search unit.
ix. Individually record and package evidence found and follow
routine procedure with the photographer, schematic artist, and the
evidence technician
x. Reconstruct the immediate area scene and coordinate with the
team leader and other investigators.
g. GENERAL AREA SEARCH UNIT
i. Search and assemble equipment and coordinate search pattern
ii. Stay alert for structural hazards, secondary and entrapment
devices.
iii. Check all surrounding buildings, vehicles and objects for
damage by missiles from the explosion and mark these locations
for the photographer and the schematic artist
iv. Search the area of ingress and egress for associative evidence
such as footprints, tire tracks, torn clothing, blood, hair, fingerprints
or other evidence that may relate to suspect(s)
v. Search the area for evidence from the explosion
vi. Search rooftops and trees or other high places that may have
caught debris from the explosion. Document blast effect and glass
breakage in surrounding area.
vii. Determine the extent of the outer perimeter of thrown missiles
and evidence. Indicate this finding to the schematic artist,
photographer and the explosives technician
viii.Adjust the outer perimeter of the search pattern as necessary.
ix. Individually record and package the evidence found. Coordinate
this with the evidence technician, schematic artist and
photographer.
x. Reconstruct the general area scene and coordinate with the
team leader and other investigators.
h. GENERAL AREA INVESTIGATIVE UNIT
i. Select and assemble investigative equipment
ii. Review maps and evaluate ingress and agrees and select a
methodical pattern for canvassing the area.
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iii. Determine the possibility of deliverymen being in the area and
make a list other names and addresses for follow-up interviews
iv. Canvass the neighborhood for witnesses
v. Canvass business premises that may be related to ingress and
agrees, such as all-night service stations, cafes, fastfood
restaurants, etc.
vi. Prepare a suspect list with necessary facts relating to the
investigation.
vii. Record descriptions of suspects, suspect vehicles, and suspect
premises for future use.
viii.Check sources of device components/materials recovered at the
crime scene
ix. Follow team leader assignments as developed from the scene
and make overall evaluation from conferences
x. Maintain communication with the team leader and coordinate
with other investigators.
i. FORENSIC CHEMIST
i. Select and assemble equipment
ii. Conduct preliminary walk-through of the scene with explosives
technician and team leader
iii. Assist team leader in evaluating the situation and discuss the
method of approach
iv. Assist general area search unit
v. Assist Immediate Area Search Unit.
vi. Coordinate with national and local laboratory personnel as
appropriate.
vii. Act as technical adviser for all laboratory oriented questions
arising at the scene.
viii. Conduct field test where appropriate.
ix. Assist the evidence technician and team leader in the evaluation
of collected evidence.
x. Assist the evidence technician with proper packaging for
submission to the laboratory.
j. EXPLOSIVES TECHNICIAN
i. Select and assemble equipment
ii. Accompany team leader on walk-through to provide a technical
evaluation and assessment of the fire/explosion scene
iii. Establish scene parameters
iv. Identify seat of explosion or point of fire origin
v. Assist the general and immediate area search units.
vi. Technically evaluate investigative information and recovered
materials
vii. Determine whether the incident was criminal or accidental
viii.Reconstruct the sequence of occurrence and physical evidence
ix. Provide technical briefings
x. Prepare statement regarding technical determination.
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2. Initial Steps
a. Clear the danger area of all occupants.
b. Get the services of an explosives expert.
c. Avoid moving any article or object which may be connected with the bomb or
act as trigger mechanism
d. Establish an organized guard outside the danger area.
e. Shut off power, gas and fuel lines leading to the danger area
f. Remove flammable materials from the surrounding area
g. Notify the local fire department and rescue squads
h. Arrange for stand-by medical aid
i. Obtain mattresses, sandbags, other similar baffle devices for protection against
flying fragments.
j. Check and have available fire-extinguishing equipment
k. Arrange for use of portable x-ray equipment if the use of such is deemed
advisable by the explosive expert.
3. Control Action.
a. A suspected bomb should be dealt with the fullest possible measure of control
before attempts to disable it are made.
b. If the bomb explodes, reduce the effects of the explosion by practicable ways
such as the use of sandbags and mattresses
c. Sandbags should be used to surround but not cover the bomb to direct the
force upward and downward rather than laterally over adjacent areas. If piled
between the bomb and valuable items or critical points, it wound afford some
protection and should received some consideration
d. Place barricades over the bomb (depending upon circumstances) to direct the
force downward, thus lessening the force in other directions.
4. Disposal
a. Disposal may be considered after appropriate control action has been taken.
b. Destroy the bomb where it is found rather than risk the danger of moving it .
this course of action is especially recommended if relatively little property
damage would result.
c. Explode or break apart, by rifle fire from behind a barricade at a safe distance,
the package containing the bomb or suspected bomb.
d. Burn or explode the package, where rifle fire is not advisable, by placing
kerosene-soaked rags or paper round it and igniting the rags or paper.
e. Withdraw at a safe distance from the bomb after the rags of papers have been
ignited.
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iii. Stepping on it;
iv. Opening the lid; or
v. Some other similar natural acts involving movements of the bomb or a
part of it.
NOTE: Trigger bombs are usually directed against persons rather than property. If the
bomb in question is determined to be one of trigger-type operating, for example, when
the lid of the package containing the bomb is raised, the bomb can be transported with
comparative safety to open country to be destroyed. A suspicious package, however,
may be examined by X-ray by manipulating the x-ray equipment into place form a
distance and from behind protecting mattress.
c. Open-type bomb
i. Makes no effort to conceal its nature, such as sticks of dynamite tied or
taped together, fitted with a safety fuse and blasting cap; a short piece of
pipe loaded with an explosive substance capped at both ends with a piece
of safety fuse protruding from a hole through one of the capped ends.
ii. Can be activated by attaching the electric blasting cap leg wires to an
electric current, if the safety fuse and blasting caps in either or both are
replaced with an electric detonator.
iii. Sources of current for setting off an electric blasting cap include
ordinary house current, a telephone, buzzer, bell or flashlight batteries.
iv. Usually place or thrown
v. Cannot be sent by mail or express
vi. Directed against property rather than persons
vii. To deal with an open-type bomb, most safety fuses cannot be
extinguished by water or by stamping but must be severed ahead of the
progress of burning. The burning is detected by a discoloration of the fuse.
viii.U.S. manufactured safety fuses normally burn at the rate of 90 to 120
seconds per yard
ix. Sever the safety fuse well ahead of the progress of burning to render
the bomb inactive
x. Though successful in cutting or removing the safety fuse (the bomb
itself should be treated as an active one), explosives experts should be
called to dismantle the bomb and render if safe to handle.
REMINDER: Only technical personnel fully acquainted with explosive devices should be
allowed to HANDLE, DISMANTLE and DESTROY.
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1. Robbery (Hold-up)
a. Place of occurrence
b. Time of occurrence how was the holdup committed? (Report might be
fake or simulated)
c. Number of participants in the holdup
. Number of suspects
. Number of victims
d. Physical descriptions of suspects (Identify by number, e.g., Suspect No.
1 No. 2, etc)
e. Injuries sustained by victims(s), if any
f. Common expressions uttered by suspect(s), diction, intonation, manner
of speech-lisping, talking through the nose, etc.
g. Number and description of weapons used firearms, bladed or blunt
instruments.
h. If victim was taken with a motor vehicles, what was the route taken by
the getaway vehicle and where was the victim subsequently released?
i. Description of suspects motor vehicle, if any
j. Complete description (secure copy registration papers) of victims motor
vehicle.
k. Other personal effects or articles taken by suspects aside from the
motor vehicle.
l. Witnesses to the robbery (hold-up)
m. Carnapper who take the victim with the motor vehicle sometimes
carry on a conversation with the victim before dumping him in an isolated
place, in this conversation, he sometimes give hints to the victim on where
the latter could pursue should he later decide top pay ransom for the car.
n. Some gangs of carnappers have their own modus operandi in
committing a holdup. Some have a favorite dumping place for their
victims, e.g., Sucat Road, the Alabang-Zapote Road for carnappers based
in Cavite; isolated places in San Jan and Mandaluyong for cranppers
based in Pampanga (San Fernando, Macabebe, Angeles, Guagua,
Mablacat) and Bulacan (San Miguel, Plaridel, Baliwag, Obando) and
Nueva Ecija (Sta Rosa, Gapan, Cabanatuan); the dark service road of the
South Super Highway (for carnappers based in Cavite and Rizal, Laguna
and Batangas); etc.
3. Carnapping
a. What is meant by the term carnapping? How is it committed?
Carnapping is the taking, with intent to gain, of a motor vehicle belonging
to another without the latters consent, or by means of violence against or
intimidation of persons, or by using force upon thins (Sec 2, RA 6539)
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trucks and cranes if not used on public highways; also, vehicles which run only
on rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachments to any motor vehicle, shall
be classified as separate motor vehicles with no power rating. (Sec 2, RA 6539)
d. How can one detect a stolen motor vehicle?
i. No license plate number
ii. Sporting improvised plate.
iii. If the vehicle appears to be abandoned
iv. Sporting a fake license plate or stickers
v. Having no sticker for the current year
vi. If the vehicle appears to be haphazardly painted.
vii. If the plate number foes not correspond with the year/model of
the vehicle.
e. What are the possible signs of fraud in transactions relating to the transfer of
motor vehicles?
The following are the possible signs of such fraud:
i. When the seller offers to register the motor vehicle in behalf of the
buyer.
ii. When the price is inconceivably below the prevailing market
price.
iii. If the seller cannot present original copies of supporting
documents,
i.e. CR, OR, Deed of Sale, regarding his ownership of the motor
vehicle
iv. Obviously falsified supporting documents.
v. If the sale is through a third party rather than the actual owner
appearing in the CR.
f. How does one obtain a motor vehicle clearance?
Applicants for clearance are required to bring the vehicle desired to be
cleared to TMG Headquarters in the regions/ provinces for stenciling/ macro-
etching of its motor/ chassis numbers. At the same time, the applicant must
present the following.
a) Clearance for Transfer of Ownership:
i. Xerox copies of the vehicles Certificate of Registration
ii. Deed of Sale
iii. If the vehicle is covered by an existing mortgage, a Xerox copy
of the Chattel Mortgage release or, in the proper case, the deed of
sale with assumption of the mortgage obligation which must bear
the conformity of the mortgagee.
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5. Follow-up Investigation
a) Surveillance of known fences and car repair shops, and exchanges
known to be storage places for stolen (carnapped) vehicles.
b) Identification of the suspect (s) by victim form mug shots in your rogues
gallery or those being kept by other agencies.
c) Gathering of information from informers and informants about past,
present, and future activities and plans of known carnappers and
carnapping gangs; number of carnappers belonging to the gang, and their
names, aliases, physical descriptions, weaknesses (drug-addicts,
fondness for a certain type of gun, fondness for alcoholic drinks and
beverages, etc.) their hang-outs (clubs, barbecue plazas, cafeteria, etc.)
d) Gathering of information of favorite storage places and garage of
carnappers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor vehicles:
i. Check registration papers, deeds of sale and other papers
(Customs records if car is imported) concerning the recovered car
presented by the possessor of the car with the LTO, etc
ii. Request Forensic Chemistry Division to have the motor and
chassis numbers and paints examined (to find out whether motor
and chassis numbers have been tampered with and whether it was
repainted, and if so, for their restoration and determination of the
original color)
iii. If engine and chassis numbers have not been tampered with,
trace the owner from whom they said car was carnapped or stolen
iv. Request the owner to present his papers of ownership and
conduct an interview as to the circumstances of the loss; take
sworn statement, show mug shots of the suspect or present the
suspects themselves if they have been arrested; include in the
interview questions as to whether the victim has means of
identifying the motor vehicle other than through the motor and
chassis numbers.
v. If motor and chassis numbers have been tampered with bring the
motor vehicle to the plant of the company which assembled the
vehicle to identify the owner by secret numbers the plant has
placed in the car.
vi. If the owner has been identified by this method and by going
through the records in the office of the car company, contact the
owner, bring him to the office and follow the procedure above.
vii. Interview the possessor as the person(s) form whom he
acquired the motor vehicle recovered from him
viii. Trace this person(s) for questioning and investigation
ix. If suspect(s) have been arrested, question them regarding the
five Ws and one H not only regarding the recovered car but also
past robberies or thefts committed by them; question them also on
their knowledge of other carnappers and gangs of carnappers their
areas of operation, physical descriptions, names, aliases,
hangouts, residence, Etc.
x. Check the records of arrested suspects.
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Any motor vehicle accident occurring on a not-traffic way the ordinary
collision between automobiles not on a street, road or highway.
8. Preliminary Actions
a) When the officer receives the call:
i. When and where the accident occurred.
ii. How serious were the injuries
iii. Need for ambulance and other equipment
iv. Name and address of the person reporting. He may be an
important witness.
v. Who witnessed the accident?
vi. Is there a traffic block?
vii. Arrange for help, if needed e.g., firetrucks, etc.
b) Drive safely in going to the accident scene. Be alert for cars leaving the
scene. It might turn out to be a hit-and-run case.
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Location and position can be marked off first and measurements
taken later.
c) Protect other properties.
d) Determine the cause of the accident.
i. Determine why it has occurred
ii. Determine the time and date of the accident
iii. Examine the physical evidence
iv. Reconcile conflicting situations
v. Determine the conclusion derived from physical evidence
vi. Identify evidence regarding the behavior of individual drivers
vii. Determine the responsibility of BOTH drivers.
e) Locate drivers and witnesses.
i. Get drivers licenses.
ii. Get the names and other details concerning persons who might
have witnessed the ccident. Start with the ones who appear to
know something of the accident
iii. If the drivers are at the scene of the accident, make it a point to
separate them.
f) Interview drivers and witnesses.
i. Conduct each interview separately
ii. Do not make conclusions as to the responsibility in the presence
of drivers and witnesses.
iii. Be alert for switches between driver and passenger.
g) Take measurements and make diagrams and sketches
h) Identify the precise location where the accident occurred
i) Obtain equipment to remove damaged vehicle
j) Evaluate physical evidence
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b. Some Police Departments have their officers skid a vehicle to stop form
the legal speed limit, if this can be done safely, and compare Skidmarks
with those in the accident.
c. Some would draw conclusions from tests based on physical calculation.
3. Measurement of Skidmarks.
a. Should meet legal standards. Officer measuring the skidmarks and the
distances to embankment or other fixed constructions should verify teach
others measurements so that they can corroborate each others/s
testimony in court.
b. Evidence should be presented to show that the skidmarks were made
by the suspect car.
c. Witnesses should testify in court.
4. Basic Principles in Calculating Speeds from Skidmarks
Energy and vehicle speeds. An automobile moving at any speed
possesses energy. As the speed of the vehicle increases, the resulting
energy developed is said to increase as the square of the ratio of the
increase in speed.
Examples:
20 kph = 40
30 kph = 90
40 kph = 160
6. Skid marks
The sudden application of brakes which results in the locked wheel condition
places such a great pressure between the brake shoe and the brake drum that the
frictional force at this point becomes greater than the frictional force between the tire
and the road surface. When this condition exists, the wheels skid.
8. Reaction Time
This is the distance traveled before applying the brakes.
a. Dived seconds in an hour (3,600) into feet in a mile (5,280) = 1.467
b. To determine distance you will travel in one second, multiply 1.467
(1.47 or 1.5) times the speed at which you are traveling.
c. Time to get foot off the accelerator and slam it on the brake is of
second on the average. The age of the driver should be considered.
d. 1.5 x speed = length in feet covered before brake works for you.
9. Test Runs.
In making calculation for speeds from skidmarks, it is often necessary to conduct
one or more test runs, using the vehicle involved in the accident or, if it cannot be
driven, another vehicle of similar characteristics may be used.
a. Conditions should be the same as those existing when the accident
occurred. The character of the road, whether wet or dry , should be the
same.
b. Conduct tests on the same and road surface and in the same direction
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c. The vehicles speedometer should be checked, and any difference form
accurate calibrations should be noted.
d. A speed consistent with safety, such as 20 or 30 miles per hour, should
be selected for the test run
e. Brakes should be applied suddenly and as hard as possible when the
car is moving at the selected test speed.
f. The length of each skidmark should be measured.
g. If a brake detonator is available, the total raking distance should be
accurately determined using such equipment, either mechanically or
electrically operated.
h. Generally, it is advisable to conduct two or three tests at the selected
speed. The test producing the longest braking distance, that which favors
the defendant most, is generally used in the calculation.
i. To avoid possible differences in the application of brakes by the driver, it
may be advisable to have the driver of the accident vehicle drive the car in
the test runs.
10.Speed Calculations.
a. When a vehicle is stopped solely by skidding, it is possible to calculate
the speed of the vehicle at the beginning of the skid by using the formula
based on the principle that he skidding or braking distances vary as the
square of the speed.
Minimum accident speed is equal to the speed of the car in the test run
times square root of the number obtained by dividing the average length of
the accident skidmarks by the total braking distance in the test run.
For probable speed, use test skidmarks instead of test braking distance,
employing the same formula above.
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b. Criminals fleeing from the scene of the crime.
c. Improperly licensed drivers, or drives with no license or with revoked or
expired license.
d. Drivers who fear publicity and prosecution.
e. Ignorance of the accident
f. Insurance or financial reason
g. Driver who flees in panic
h. Drug addicts
i. Juveniles
3. Preliminary Steps
(Refer to checklist on Accident Investigation)
Obtain the best possible descriptions of the car and driver.
i. A good description may be obtained from partial descriptions given by
witnesses.
ii. Get the license plate and any unusual features of the vehicle
iii. Concentrate on the cars description first.
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c. Approach and apprehend the driver of the suspect car as soon as his identity
and whereabouts are ascertained.
d. Place the driver in a defensive position by properly directed questions upon
approach.
16 December 1996
1. GENERAL:
This SOP prescribes the procedure in reporting stolen and wanted motor
vehicles and in disposing of recovered/ impounded vehicles by all PNP units.
2. APPLICATION:
This SOP applies to all stolen motor vehicles and those which are recovered and/
or impounded by PNP Units pursuant to the provisions of RA 6539, otherwise known as
the Anti-Carnapping Act of 1972. As amended.
3. OBJECTIVES:
a. To serve as guide for the PNP and other law enforcement agencies that are
involved in anti-crime operations involving stolen motor vehicles:
b. To establish the responsibility in reporting stolen/ wanted and recovered motor
vehicles; and
c. To take responsibility for the safekeeping/ custody of impounded motor vehicles.
4. PROCEDURES:
a. Reporting of Stole and other
1. The Director/ Chiefs of Officers of PNP units that take cognizance of a
loss of a motor vehicle or in a case where the subject of the crime is a motor
vehicle shall cause the owner to make a sworn written complaint supported by
documents of ownership such as registration certificate. LTO receipt of payment,
deed of sale, invoice receipt and other related documents:
2. A report shall then be rendered to the Chief, PNP (Attn: Dir, TMG) using
a uniform Alarm Sheet. All Alarm Sheets received by the PNP units shall be
immediately forwarded to the Dir, TMG. All alarm Sheets received by the PNP
units outside Metro Manila shall be forwarded to the respective TMG District
Offices covering the area.
3. The TMG shall flash the alarm to all its Districts and other law
enforcement agencies. The District Directors shall disseminate said alarms to all
PNP Stations within their AOR.
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4. Upon termination of the investigation of a recovered/ stolen motor
vehicle, the Unit Head/ Chief of Office shall prepare and submit in four (4) copies
to Dir, TMG, distributed as follows: Original copy for the PNP Computer Center,
Duplicate copy for the TMG; Triplicate copy for the reporting unit and
Quadruplicate copy for the investigating units file;
5. The PNP Computer Service shall provide all PNP units and other
agencies concerned periodic/ updated list of wanted/ recovered motor vehicles.
6. All PNP units which undertake anti-carnapping missions are required to
submit Daily Radiographic Anti-Carnapping Operations Report (DACOR) to this
Hqs (Attn: Dir, TMG) every 0800H daily. The report shall cover a 24hour period.
7. The DACOR shall have, as a minimum requirement, the following data:
1. Stolen while parked
2. Forcibly taken
3. Failed to return
a. No of motor vehicles reported stolen broken down as
follows:
b. Number of motor vehicles recovered
c. Nr of motor vehiles turned-over to TMG
d. Nr of encounter with carnappers
e. Nr of suspects arrested
f. Status of cases filed
8. Additionally, a monthly report on the Anti-Carnapping operations of the
above-cited units shall be submitted to this Headquarters (Attn Dir, TMG) not
later than the 7th day of the month following the period covered by the report.
9. In all cases, the reporting of a stolen/ wanted and recovered motor
vehicles shall follow the flow of the Chain of Command.
10. The Chief of Office/ Unit shall immediately notify the owner of the
recovered motor vehicle for identification purposes.
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discrepancy. It shall be presumed that the motor vehicle, before the same is
received for impounding is true in all respect as described the TIR.
8. PENALTY CLAUSE:
Any violation of this SOP shall be dealt with criminally and/or administratively as
evidence warrants.
9. MISCELLANEOUS:
a. TMG shall exercise functional supervision in the implementation of this
SOP.
b. Said supervision shall be exercised in the field through the District
Director/ Team Leaders of TMG and in close coordination with the Regional,
Provincial and other TMG Unit Directors.
ORIGINAL SIGNED
RECARDO A SAMIENTO
II
Police Director General
Chief, PNP
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Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
Camp,Crame, Quezon City
HCIDG/
April 14, 1999
1. GENERAL:
This SOP prescribes the procedure in recovering, handling and disposing stolen motor
vehicles and abandoned vehicles, which are suspectedly used by criminal elements in
their illegal activities.
2. APPLICATION:
This SOP applies to all recovered stolen motor vehicles and abandoned vehicles, which
are suspectedly used by criminal elements in their illegal activities.
3. OBJECTIVES:
4. PROCEDURES:
a. Disposition of Recovered Abandoned Motor Vehicles Used In Criminal Activities.
1. The Team Leader of the operating team that recovered the motor vehicle shall
properly secure the vehicle and its surroundings to avoid looting and distortion of
possible pieces of evidence found inside the motor vehicle.
2. Avoid touching and/or removing the motor vehicle from the recovery site without
examination of the SOCO.
3. The Team Leader shall immediately request for SOCO team to conduct technical
examination/ inspection on the motor vehicle for possible lifting of fingerprints and
collection of evidence inside the motor vehicle.
4. Take photographs of the entire motor vehicle while in the recovery site. Likewise,
photograph bullet hole markings found in the vehicle.
5. Technical inspection Report (TIR) shall be conducted at the recovery site in the
presence of any Barangay Official and/or any responsible citizen residing at the place of
recovery to serve as witness sin the inspection.
6. The recovery should be entered in the police blotter of the nearest police office
having jurisdiction of the place of recovery.
7. Remove immediately the motor vehicle from the recovery site using towing services
(wrecker) upon completion of the SOCO team technical examination/ inspection.
8. Designate a responsible custodian of the recovered motor vehicle and other pieces of
evidence recovered thereof.
9. The Chief of Office/ Unit responsible in the recovery of the motor vehicle shall
immediately communicate/ verify whether the vehicle is carnapped/ stolen and secure a
copy of the alarm sheet from the Director, TMG and/or Regional Officer of the Regional
Traffic Management Office (RTMO), where the motor vehicle was recovered.
10. The Chief of Office/ Unit shall immediately notify the owner of the recovered motor
vehicle for identification purposes.
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11. The Chief of Office/ Unit shall immediately render report to the Director, CIDG,
pertaining to the nature of the recovery and the case, if any, indicating therein the
pieces of evidence recovered thereof.
b. Disposition of Recovered Carnapped Motor Vehicle Not involved/Used in illegal
Activities.
1. All recoveries of carnapped/ abandoned motor vehicles made by any CIDG office/
unit in Metro Manila shall be turned-over within forty-eight (48) hours to the Director,
TMG (Attn: Central Vehicle Impounding Area (CVIA) at Camp Crame, Quezon City. In
case the motor vehicle was recovered outside Metro Manila it shall be turned-over to
the Regional Traffic Management Office (RTMO), where the motor vehicle wars
recovered with proper Technical Inspection Report (TIR) for disposition.
2. The Chief of Office/ Unit responsible in the recovery of the motor vehicle shall
immediately communicate/ verify whether the vehicle is carnapped/ stolen and secure a
copy of the alarm sheet from the Director, TMG and or from the Regional Officer of the
Regional Officer of the Regional Traffic Management Office (RTMO), where the motor
vehicle was recovered.
3. Technical Inspection Report (TIR) shall be conducted by the recovery team at the site
in the presence of any Barangay Official and/or any responsible citizen residing at the
place of recovery, to serve as witness in the inspection.
4. Take photographs of the motor vehicle while in the recovery site.
5. The recovery should be entered in the police blotter of the nearest police office
having jurisdiction of the place of recovery.
6. The Chief of Office/ Unit concerned shall immediately render report to the Director,
CIDG, pertaining to the nature of the recovery and the present status/ disposition of the
recovered motor vehicle.
5. PHOHIBITIONS:
a. No CIDG personnel shall use a recovered stolen/ abandoned motor vehicle or cause
the use thereof by any person prior to turn-over to the TMG or while being impounded
by the unit for evidentiary purposes.
b. No CIDG personnel replace/ remove any part of or accessory of the recovered stolen/
abandoned motor vehicle or cause the replacement/removal of any part of accessory
thereof by any person, unless there is written authority from the Chief of Office/ Unit
who has custody of the motor vehicle and which replacement/ removal of said part/
accessory is necessary for preservation purposes.
c. Recovered motor vehicle used as evidence in court shall not be released to the
owner/ claimant without proper court order and/ or clearance from the Director, CIDG.
6. PENALTY CLAUSE:
Any violation of this SOP shall be dealt with criminally and/ or administratively as
evidence warrants.
7. MISCELLANEOUS:
The Regional Officers/ Chiefs of Offices in close coordination with Director, TMG and
Regional Officers, Regional Traffic Management Offices (RTMO), shall exercise
functional supervision in the implementation of this SOP.
8. REPEALING CLAUSE:
All existing SOPs as well as circulars and other issuances inconsistent herewith are
hereby repealed and modified accordingly.
ORIGINAL SIGNED
ATTY LUCAS MALLILLIN MANAGUELOD
Police Chief Superintendent (DSC)
Director, CIDG
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. Sworn Statement for Passport Application
b. Supporting documents:
. Birth certificate of loss together with birth affidavit
. Marriage contract
. Income Tax Certificate
. Affidavit of Support
2. Determine from the checklist the DFA Officer who processed the application and the
person who filed the same (whether the applicant himself or the travel agent)
3. Determine the travel agent who filed the application or the agency for which the travel
agent works. NOTE: SOP of DFA requires the stamp of the travel agent appear on the
upper right hand corner of the application for passport.
4. The name of the witness who attested that the statements of the applicant are true.
7. Records check the name of the travel agent who file the application
8. Check with the BTTU Licensing DFA whether or not the travel agency is licensed or
blacklist.
9. Secure certifications.
a. From the Consular Affairs Office, the number and date of issued of the passport to
the applicant.
b. From the US embassy, the date when the visa was issued to the applicant and the
kind of visa issued.
11. Gather documentary evidence linking subject to the falsification of the passport or
visa, such as receipts, etc.
12. Document or reduce in writing statements of persons whose testimonies are needed
to complete the picture of the case.
13. Submit to the Questioned Documents Division all documents, which were falsified
together with specimen standards gathered.
14. Submit to the Chemistry Division the passport and visa to determine the alleged
alterations or falsifications.
15. Subpoena for interview the travel agent who filed the application (This is a very
important phase of the investigation)
16. Follow-up leads that might have been disclosed by the travel agent.
Modus Operandi
Some applicants will be provided with fake passports (Baklas) a passport of
another person but with the picture of the unsuspecting applicants in cahoots with some
unscrupulous personnel in their port of exit.
95
Republic Act No. 8042 An act to institute the policies of Overseas and Employment
and Establish a Higher Standard of Protection and Promotion of the Welfare of Migrant
Workers, their Families and Overseas Filipinos in Distress, and for other Purposes.
Republic Act No 2486 (February 5, 1915) First law enacted by the Philippine
Legislature which regulates recruitment of Filipinos abroad, and provides among others:
1. Every recruiter must pay annual tax of P550.00 to each province where laborers are
recruited;
2. Payment of annual license fee of P6, 000.00 to the Insular Treasury;
3. Prohibition on the recruitment of members of no-Christian tribes for exhibition
purposes;
4. Guaranteed transportation for the return of workers who have finished their contract
for those who failed due to work related physical incapacity; and
5. Total prohibition on the recruitment of minors below 15 years of age, and for minors
above 25 but below 18 years of age without the written consent of their parents or
guardian.
Presidential Decree No. 1920 (May 1, 1984) Strengthening the Campaign Against
Illegal Recruitment.
Executive Order No. 1022 (May 1, 1985) Strengthening the Administrative and
Operational Capabilities of the Overseas Employment Program Rules and Regulations
Governing Overseas Employment Book II Rule X
Presidential Decree No. 442 Labor Code of the Philippines (May 1, 1974)
A social legislation intended to promote public welfare which covers labor relations,
welfare and labor standard.
Labor relations laws those intended to stabilize the relations of employees and their
employers, adjust differences between them thru collective bargaining, and settle
disputes through conciliation, mediation, and arbitration;
Executive Order 247 Reorganizing POEA (July 24, 1987) Reorganizing POEA with
expanded functions to regulate private sector participation in recruitment and overseas
placement, maintain registry of skill and secure best terms of employment for Filipino
contract workers.
Modus Operandi
a. Office location such as room number, building, street and place. Usually, the
racket is conducted in a presentable office to lure prospective innocent victims;
b. Application forms filled up by victims;
c. Fees charged allegedly up by victims;
. Management and leg works;
. Processing of passport;
. Performance bonds;
. Settlement fees;
. Incidental expenses;
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k. Those who signified their intention to work abroad will be required to pay
certain amount of money to defray expenses for applicants passport, visa and
place ticket;
l. Once the amount is given and the promise to leave was made, the illegal
recruiter will then vanished and nowhere to be found by the applicants.
m. Some applicants will be provided with fake passport (Baklas), a passport of
another person but with picture of the unsuspecting applicants in cahoots with
some unscrupulous personnel in their port of area.
n. Most of the illegal recruiter go to the remote areas, usually in the provinces
due to ignorance/ illiteracy of potential victim due to absence of the means to
verify the authenticity of the recruiters.
Investigative Procedure
a. Take the sworn statements of complainant(s) and the witnesses, if any
b. Get any receipt issued to them
c. Check whether or not the employment agency is registered with the POEA
i. If it is, get a certified copy of the POEA Licensee/ Authority and other
pertinent papers
ii. If not registered, get a certificate of this effect
iii. Secure a statement that the recruiter has not valid license or authority
to enable one to lawfully engage in recruitment/ placement of workers.
iv. Or the statement may be that the offender undertakes any activity
within the meaning of recruitment placement as defined in Article 13 (b) of
the Labor Code (i.e) any act of canvassing, enlisting, Contracting
Transporting, utilizing hiring or procuring workers, and include referrals,
contract service, promising or advertising for employment, locally or
abroad, whether for profit or not: Provided, that any person or entity which,
in any manner, offers or promises for a fee employment to two or more
persons shall be deemed engaged in recruitment and placement), or any
Prohibited Practices under Article 34 of the Code:
1. To charge or accept, directly or indirectly, any amount greater
that the specified in the schedule of allowable fees prescribed by
the Secretary of Labor, or to make a worker pay any amount
greater that actually received by him as a loan or advance;
2. To furnish or publish any false notice or information or document
in relation to recruitment or employment;
3. To induce or to attempt to induce a worker already employed to
quit his employment in order to offer him to another unless the
transfer is designed to liberate the worker from oppressive terms
and conditions of employment;
4. to give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing
license or authority under this Code;
5. To influence or to attempt to influence any person or entity not to
employ any worker who has not applied for employ any worker who
has not applied for employment through his agency.
6. To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the Republic
of the Philippines.
7. To obstruct or attempt obstruct inspection by the Secretary of
Labor or by his duly authorized representatives:
8. To fail to file reports on the status of employment, placement
vacancies, remittance or foreign exchange earnings, separation
from jobs, departures and such other matters or in formations as
may be required by the Secretary of Labor
9. To substitute or alter employment contracts approved and
verified by the Department of Labor from the time of actual signing
thereof by the parties up to and including the periods off expiration
of the same without the approval of the Secretary of Labor.
10. To become an office or member of the board of any corporation
engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency.
11. To withhold or deny travel documents from applicant workers
before departure for monetary or financial consideration other than
those authorized under this code and its implementing rules and
regulations.
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d. Check whether or not the employment agency is duly licensed by the POEA.
i. In the affirmative, secure a certificate to this effect.
ii. In the negative, it is advisable to send an undercover investigator to
pose an applicant.
He should know:
. The official and employees of the agency
. Their claims and representations to job applicants
. The requirements and particular facilities used.
e. Record checks the employment agency, its official and employees, for any
outstanding warrant of arrest, or for any derogatory or relevant information.
f. Apply for a search warrant. The undercover man or one of the victims be a
witness.
g. Request the official photographer to accompany the investigators serving the
search warrant.
h. Take pictures of any signboard advertisement of the employment agency and
its officials and employees present during the raid.
NOTE: Confine yourself to the limits set under the search warrant, particularly the
place to be searched and the things to be seized.
i. Bring the seized articles and documents to the investigating office. Seized
articles and documents may be surrendered, duly receipted to the records and
evidence section. If its to bulky, they must be kept in a secure place, locked and
preserved from loss.
j. Return the search warrant as soon as possible. Usually the return is made with
a petition for retention of the articles and documents seized.
k. Bring officials and employees of the agency to the investigating office for
documentation and identification, fingerprinting and the standard front, side view,
whole body and back view photographs. Appraised them on their Constitutional
Rights as provided for and those specifically mentioned in RA 7438. take their
sworn statements, if they re willing in the presence and consent of their counsel.
l. Prepare the letter of transmittal to the prosecutor having jurisdiction over the
case. To be attached as annexes are:
i. Sworn statement taken
ii. Certificate from the POEA c/o the anti-illegal Recruitment Branch
iii. Booking sheets and arrest reports
iv. Receipts of payment made by applicants
m. Bring subject to Inquest Prosecutor
n. If bail is fixed during inquest, bring subjects to jail for temporary confinement
until they are turned over to the city jail or local or provincial jails. This should be
done immediately.
o. Should the Inquest Prosecutor return the latter transmittal with enclosures
during the inquest, file the case first thing in the morning of the following day.
98
enforcement officer to live up to the paramount traditions of outstanding
courage and unselfish devotion to duty for the protection of human lives,
minimizing property losses and alleviating human suffering.
99
9. Establishing Positive Identity
a. Comparison of Missing Person date with recorded body observations.
b. Death certificate and release of body. Authorities should be most
reluctant to issue death certificates until all doubts have been resolved.
10. Special Problems
a. Communications
b. Temporary morgue equipment
c. Relief of personnel
d. Public relations
11. Importance of Fingerprinting
a. The best means of identification
b. Special fingerprint techniques
CHAPTER V
ORGANIZED CRIMES
A. DEFINITION
Questions have been raised as to the difference between organized crime
groups and syndicated crime groups since the two have been interchangeably used in a
number of our laws. Actually there is none-probably only misuse of words.
Clarifications may be achieved however, if we look into the definition of each critical
term:
SYNDICATE: Is a body of persons associated for some design and undertaking which
is usually a bold and difficult one. By its descriptive definition alone, one can safely
deduce that a group maybe a syndicate but may not always be an organization
100
However, crime groups do exist and are engaged in various illegal activities.
These groups are loosely organized and are more entrepreneurial and opportunistic in
nature than organized in the structured, hierarchical and disciplined manner employed
by such group as the US Cosa Nostra, the Japanese Boryokudan and the Columbian
Cali and Medellin Cartels among others.
The propensity with which we affixed ORGANIZED or SYNDICATED when we
refer to all crime groups or syndicates is not only misplaced but may unnecessarily
create a picture of unmanageable crime situation in the country. Not to mention our lack
of understanding of the nature, attributes, and extent of organized crime.
This should not however constrain us from the awareness that organized crime in
criminal activities such illegal gambling, drug trafficking and others are continuously
evolving in our country.
Record Exploitation
1. Investigation Reports
2. Rogues Gallery
3. Modus Operandi File
4. Transmittal to Prosecutors Office
5. Booking Sheets
6. Sworn Statements
7. Coordination with Government and Non-government Offices
Case-Build-up
1. Documentation of target with derogatory info/ record and / or pending
cases;
2. Documentation of targets with warrants/ order of arrest;
3. Documentation of all cases committed by Targets with the end-in-View
of filing the cases before the proper forum.
Negation Phase
1. Prioritizing targets;
2. Arrest/ Search before filing the case;
3. Arrest/ Search after filing the case; and
4. Counter-action
a. Simultaneous
b. Maximum paralyzing effects against the OCG
5. Where police operations result to injuries or death of suspects:
a. Immediate evacuation of injured suspect should be mage to the
nearest hospital;
b. The Team Leader should designate the investigator with the
assistance of the SOCO preparatory to the conduct of the
INQUEST by the Duty Inquest Prosecutor;
c. In the absence of the Inquest Prosecutor, the investigator should
prepare the investigation report, supported by affidavits and pieces
101
of evidence and transmit the same to the Office of the Prosecutor
having jurisdiction of the place of the incident for appropriate action.
CHAPTER VI
A. BILLS OF RIGHTS
Section 2
PROBABLE CAUSE. Unlike proof of probable cause for a warrant of arrest, probable
cause for a search warrant for this need not point to a specific offender. 11(Weeb v. de
leon, G.R #121234, August 23, 1995 (63 SCAD 917). In application for a search
warrant for contraband video tapes, the presentation of the master tapes of copyrighted
films from which copies re alleged to have been made is essential, The court cannot
presume that duplicate or copied tapes were necessarily reproduce from the tapes that
(the complainant) owns. 12 (20th Century Fox Film v Court of Appeals, 55 SCAD 864,
SCAD 864, SCRA 367 (1994).
WARRANTLESS ARREST UNDER RULE 112. For the arrest of one in flagrante delicto
to be valid under Rule 112, Section 5, (a), the law tilts in favor of authority. Thus,
speech which in a officers estimation is criminally seditious can justify warrantless
arrest in flagrante delicto even if upon prosecution the officer in proved wrong. The
criminal characters of speech is something that is not easily determined and must await
court estimation. 20(Espiritu v Lim, G.R. # 85727, October 3, 1991. but see dissents)
In People v Mengote, 21 (G.R. 87059 June 22, 1922), what the surveillance team of
people saw were two men looking form side to side, and one of them holding his
abdomen. When approached, the two men ran away but were caught. When searched,
they yielded at .38 caliber Smith and Wesson revolver to the police who used it as
evidence in a prosecutor for possession on an unlicensed firearm. The court ruled the
evidence inadmissible saying that no offense was involved in looking from side to side
and holding the abdomen, regarding Section 5(b). it is not enough that there is
reasonable ground to believe that the person to be has committed a crime.
A crime must in fact or actually have been committed first. That a crime has been
committed is an essential precondition. 22 1d. At 15. and the arresting officer must
have personal knowledge of the commission of the crime. Thus, a police officer who
learns about the recent commission of the crime merely from a report does not possess
the personal knowledge needed to justify a warrantless arrest. 23(Go v Court of
Appeals, 206 SCRA 138, 150 (1992). Moreover, an arrest made nineteen hours after
the offense has been committed cannot be of one whose crime in fact just been
committed. 24 (People v Manlulu, 50 SCAD 71, 231 SCRA 701 (1994). See also
People v Rodriguez, 205 SCRA 791, 796-797 (1992) and people v Enrile, 41 SCAD
767, 222 SCRA 586 (1993).
Section 3
EXCLUSIONARY RULE. Ramirez v Court of Appeals 25 G.R. # 93833, September 28,
1995 was a conviction under Section 3 of RA 4200, the Anti-wiretapping Law for a tape
recording of a private conversation in an office. The evidence was excluded but the
constitutional aspect was not touched.
Section 12
PERSON PROTECTED. The rights enumerated are not available before police
investigators undergoing audit because an audit examiner is not a law enforcement
officer. 53 (Navallo v Sandiganbayan, 53 SCAD 294, 234 SCRA 175 (1994)). Nor for
that matter does it apply to a situation where a person, not being under investigation,
presents himself to the police and in the process makes his admissions. 54 (people v
102
Taylaran, 108 SCRA 373, 378-9 (1981). The accepted rule, moreover, following
Escobedo and Miranda, was , from the start, that the rule covered only situations when
the person was already in custody, for which reasons Escobedo had referred to them as
right under custodial investigation. 55(People v Caguuioa 95 SCRA 29 1980).
Significantly, however, the Court, in Galman v Pamaran, 56(138 SCRA 294 319,
August 30, 1985) departed from this rule. The Court sustained the contention of General
Ver that the provision covered even persons not yet in custody but already under
investigation because the 1973 text did not speak of custodial investigation.
The text of the 1987 Constitution has preserved the phrase person under investigation
without the word custodial. Moreover, the discussions on the floor of the 1986
Constitutional Commission manifest an intent, in the light of experience during
marital law, to expand the coverage of the right to situation when a person is not yet in
custody but is already a suspect.
Jurisprudence under the 1987 Constitution, however, has consistently held, following
Escobedo, the stricter view, that the rights begin to be available only when the person is
already in custody. As Justice Ragalado emphasized in People v Marra: 57 (People V
Marra, 55 SCAD 418, 236 SCRA 565, 573, (1994). Italics in original.
In an obiter and writing for a division in People v Maqueda, 58(G.R. # 112983, March
22, 1995 (59 SCAD 794). Justice Davide, who like Justice Regalado, was a member of
the 1986 Constitutional Commission, adverted to the view in the Constitutional
Commission that the rights are available even to one who is not yet in custody.
There are, however, investigatory situations where Section 12(1) does nor apply.
Subjection to paraffin test is one because it does not ask for communicative action or
testimonial compulsion. 59(People v Gamboa G.R. # 91374, February 25, 1991).
Similarly, one placed in a police line-up does not enjoy Section 12 (1) rights. Unless
there is a move on the part of investigators to elicit admissions or confessions.
60(People v Frago, 51 SCAD 497, 232 SCRA 653 1994; People v 1992; People v
Casinilio, 213 SCRA 777 1992; Gamboa v Judge Cruz, 162 SCRA 642 1988), but see
dissent of Chief Justice Yap and Justice Sarmiento). But a person already under
custodial investigation who is place in a police line-up is entitled to Section 12 rights. 61
(People v Macam, 56 SCAD 737, 238 SCRA 566 1994).
RIGHT TO COUNSEL. The specification of the duty of the state to furnish the detainee
with counsel is meant to put emphasis of the duty of the state. Jurisprudence on this
subject, however, has been on the side of erratic. Thus, for instance, where an
extrajudicial confession was made in the absence o counsel but where at the closing
stage of the interrogation counsel arrived and had the opportunity to read the statement
and discuss it with the client who subsequently signed it, the Court said that there had
been substantial compliance. 62 (Estacio v Sandiganbayan, G.R# 75362, March 6,
1990). This however, and a similar case, 63 (people v Rous G.R # 103803-04, March
27, 1995 60 SCAD 46). Was corrected in People v Lucero. 64(GR#97936, May 29,
1995 (61 SCAD 410). Also People v de Jesus, GR # 91535, September 2, 1992 and
People v Bandula, 51 SCAD 416, 232 SCRA 566 1994). Where in the same middle of
the investigation the lawyer had left to attend a wake, came back when the accused had
already signed his statement and affirmed that he did it voluntarily. The court ruled that
rights to counsel was right to effective counsel from the moment of questioning and all
throughout.
When Section 12(1) Protection ends. The criminal process includes the investigation
prior to the filing of charges, the preliminary examination and investigation after charges
are filed, and the period of trial. The Miranda rights or Section 12 (1) rights were
conceived for the first of these three phases, that is, when the inquiry is under control of
police officers. It is in this situation that the psychological if not physical atmosphere of
custodial investigations, in the absence of proper safeguards, is inherently coercive.
65(Miranda v Arizona. 384 U.S. at 488-58). Outside of this situation. Section 14 and 17
come into play.
103
Justice Narvasa was referring to the same matter when he said that Section 12 (1) does
not apply to persons under preliminary investigation or already charged in Court for a
crime. 66 (People v Ayzon, 175 SCRA 216, 232 (1989). In People v Maqueda,
GR#112983, March 22, 1995, 59 SCAD 794, another division consideration the view too
restrictive and, relying on the generous rule in Pamaran and Morales v Enrile (121
SCRA at 554) said that the right exist at anytime before arraignment. The Maqueda
argumentation, however, is not persuasive). For these are already under supervision of
a court.
Conceivably, however, even after charges are filed, the police might still attempt to
extract confessions or admissions from the accused outside or judicial supervision. In
such situation, Section 12(1) would still apply. But outside of such situation, the
applicable provision are Section14 and Section 17. it is for this reasons that an
extrajudicial confession sworn to before a judge even without assistance of counsel
enjoys the mark of voluntariness. 67(People v Pamon, 217 SCRA 501 (1993)); People
v Baello, 43 SCAD 32, 224 SCRA 218 (1993); People v Parajinog 203 SCRA 673
(1993) People v Marcos, 147 SCRA (1987).
Confession or admission covered by the provision, however, need not be explicit; they
can be merely implicit in any evidence that is communicative in nature. Thus, the
signature of an accused on a receipt for seized property. 68(People v de Guzman, GR#
86172, March 4, 1991; People v de las Marinas, GR#87215, April 30, 1991; People v
Bandin, 44 SCAD 684, September 10, 1993.) or marijuana cigarettes where the
accused wrote his name. 69 (People v Enriquez, Jr., GR#90738, December 8, 1991;
but where an accused is not being prosecuted for possession of marked bills, there is
no self-incrimination if the marked bills are presented. People v Linsangan, GR# 88589,
April 16, 1991.) is not admissible of guild but only of the fact or booking and arrest.
70(people v. Bandin, 44 SCAD 684, September 10, 1993).
Against whom are illegal confessions and admissions inadmissible? The text makes
them inadmissible against him, that is, against the source of the confession of
admission. And if is alone who can ask for exclusion. 71 (People v Balisteros, 56SCAD
1215, 237 SCRA 499 1994). They are, however, admissible against the person violating
the constitutional prohibition. 72 (Session of November 27, 1972, 1972 Constitutional
Convention.) to the extent that admissibility is allowed by the ordinary rules on
evidences. 73( I RECORD OF 1986 CONSTITUTIONAL COMMISSION 685-6, 734-6)
Section 13.
RIGHT TO BAIL. The person claiming the right must be under actual detention or
custody of the law. One is under the custody of the law either when he has been
arrested or has surrendered himself to the jurisdiction of the court, as in the case where
through counsel petitioner for bail who was confined in a hospital communicated her
submission to the jurisdiction of the court, as in the case where through counsel
petitioner for bail who was confined in a hospital communicated her submission to the
jurisdiction of the court. 74 (Paderange v Court of Appeals, G.R # 115407, August 28,
1995).
A distinction must be made between the penalty of life imprisonment and reclusion
perpetua.
(1) Life imprisonment is a penalty is special laws while reclusion perpetua is imposed by
the Revised Penal Code;
(2) Life imprisonment does not carry accessory penalties, whereas reclusion perpetua
does;
(3) liege imprisonment is indefinite, whereas reclusion perpetua is for 30 years after
which the convict is eligible for pardon. The distinction is important because under the
1985 Rules of Criminal Procedure a person charged with an offense punishable by life
imprisonment was entitled to bail as a matter if right. However, effective October 1,
1994, Rule 114 was amended placing life imprisonment on the same level as death
104
and reclusion perpetua. 75(Cardines v Rosete, 59 SCAD 788, 242 SCRA 557, 562,
1995).
B. WARRANTLESS ARRESTS
(Sec 5, Rule 113, Rule of court). A peace officer or eve a private person may effect an
arrest without a warrant:
a. When the person to be arrested has committed, is actually committing, or is
attempting to commit an offense in his presence.
i. In UMIL v RAMOS, 187 SCRA 311, the Supreme Court held that rebellion is a
continuing offense. Accordingly, a rebel may be arrested at any time, with or without a
warrant, as he is deemed to be in the act of committing the offense at any time of day or
night. See also the resolution on Motion for reconsideration in Umil v Ramos, 202 SCRA
251.
ii. In PEOPLE v. SUCRO, 195 SCRA 388, it was that when a police officer sees the
offense, although at a distance, or hears the disturbances created thereby, and
proceeds at once to the scene thereof, he may effect an arrest without warrant. The
offense is deemed committed in the presence of within the view of the officer.
iii. In People v. Rodrigueza, 205 SCRA 791, the police officer, acting as a poseur-buyer
in a buy-bust operation, instead of arresting the suspect and taking him into custody
after the sale, returned to headquarters and filed a report on his purchase. It was only in
the evening of the same day that the police officer, without a warrant, arrested the
suspect at the letters house where dried marijuana leaves were found and confiscated.
The Supreme Court ruled that both arrest and seizure (People v. Enrile 222 SCRA 586)
iv. The discovery of marked money on the person of the accused did not mean that he
was caught in the act of selling marijuana. The marked money was not prohibited per
se. Even if it were, the fact alone would not retroactively validate the warrantless search
and seizure (People v Enrile 222 SCRA)
b. When an offense had just been committed an the has personal knowledge of facts
indicating that the person to be arrested has committed it;
i. In Go v Court of Appeals, 206 SCR 138, six days after the shooting as petitioner
presented himself before the San Juan Police Station to verify news reports that he was
being hunter, the police detained him because an eyewitness had positively identified
his as the gunman who shot Maguan. The Court held that there was no valid arrest; it
cannot be considered as within the meaning of the offense had just been committee
inasmuch as six days had already elapsed; either did the policemen have personal
knowledge of facts that Go shot Maguan.
ii. But in People v Gerente, 219 SCRA 756, where the policemen saw the victim dead at
the hospital and when they inspected the crime scene, they found the instruments of
death and the eyewitnesses reported the happening and pointed to Gerente as one of
the killers, the warrantless arrest of Gerente only three hours after the killing was held
valid, since the policemen had personal knowledge of the violent death of the victim and
of the facts indicating that Gerente and two other had killed the victim.
Further, the search of Gerentes person and the seizure of the marijuana leaves were
valid as an incident to a lawful arrest.
c. When the person to be arrested is a prison who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
d. Add: When the right is voluntarily waived.
i. The posting of a bail constitutes a waiver of any irregularity attending the arrest.
(Callanta v Villanueva 77 SCRA 377; Bagcal v. Villaranza, 120 SCRA 525)
ii. Appellant is stopped from questioning the illegality of his arrest when he voluntarily
submitted himself to the jurisdiction of the court by entering a plea of not guilty and by
participating the trial (People v De Guzman, 224 SCRA 95)
iii. The illegality of the arrest is cured when the accused files
a petition for bail (People v Dural, 223 SCRA 207)
C. WARRANTLESS SEARCHES
a. When the right is voluntary waived
i. Note that for the valid waiver of a constitutional right, it must appear first that the right
exist; secondly, and that the person involved had knowledge, either actual or
constructive of the existence of such right; and thirdly, that the said person had an
actual intention to relinquish the right (De Garcia v Locsin, 65 Phil 689)
ii. In People v Omawing, 213 SCRA 462, the accused, driving a vehicle, was stopped at
a checkpoint, and when the vehicle was inspected, the soldiers asked permission to see
the contents of a bag which was partially covered by a spare tire. The accused
105
consented, and upon inspection, the bag was found to contain marijuana. The court rule
that there was valid waiver. iii. But in Aniag v Comelec, 237 SCRA 424, the Suprem
Court said that, in the face of 14 armed policemen conducting the operation, driver
Arellano, being alone and a mere employee of the petitioner, could not have marshaled
the strength and the courage to prest against the extensive search conducted on the
vehicle. Consent given under intimidating or coercive circumstance is not consent
within the purview of the constitutional guarantee.
iv. In People v Exala, 221 SCRA 494, the right ws deemed waived because the accused
did not object to the admissibility of the evidence during the trial, and the submissive
stance after the discovery of the bag and the absence of any protest which thus
confirmed their acquiescence.. there was also a valid arrest because it was effected
upon the discovery of the prohibited drug in the possession of the accused.
v. In People v Ramos, 222 SCRA 557, the Supreme Court said that the evidence for the
prosecution clearly disclosed that Ramos voluntarily allowed himself to be frisked, and
that he gave the gun to the police voluntarily; thus, there was a valid waiver. See also
People v Fernandez, 239 SCRA 174.
vi. However, in People v Barros, 231 SCRA 557, the silence of the sent. Rather, it was a
demonstration of regard for the supremacy of the law in this case, the warrantless
search was declared invalid, because there was no showing of any circumstances
which constituted probable cause for the peace officers to search the carton. Neither did
the peace officers receive any information or tip-off form an informer. They also did not
contend that they detected the odor of dried marijuana.
vii. In Veroy v Judge Layague, 210 SCRA 97, it was held that where permission to enter
a residence is given to search for rebels, it is illegal to search the rooms therein and
seize firearms without a search warrant.
viii.In People v Damaso, 212 SCRA 457, PC officers sent to verify the presence of
CPP/NPA member in Dagupan City, reached a house suspected to be rented by a
rebel. Outside the house, they saw one Luz Tanciangco (who turned out to e a helper of
the
accused). The PC officers told Luz that they already knew that she was a member of
the NPA, and requested that they be allowed to look around. Luz consented. Inside the
house, the team found subversive materials and firearms, which Luz identified as
belonging to the accused. The Court held that the constitutional rights against
unreasonable searches and seizures, being a personal one, cannot be waived by
anyone except the person whose rights are invaded, or one who is expressly authorized
to do so in his behalf. Here, there was no evidence that the accused had given Luz
authority to open his house in his absence. Thus the search and seizure were illegal.
ix. But in Lopez v Commissioner of Customs, 68 SCRA 320, there was deemed to be
valid waiver where, upon a warrantless search of a hotel room, consent and voluntary
surrender of papers belonging to the registered but absent occupant was given by a
woman identified as the wife of the occupant but who in fact was
a mere manicurist.
b. As an incident to a lawful arrest, provided that the search is made contemporaneous
to the arrest and within a permissible area of search.
i. Sec. 12, Rule 126, as clarified in the 1985 Revised Rules on Criminal Procedure
provides that a person lawfully arrested may be searched for dangerous weapons or
anything which may be used as proof of the commission of an offense, without a search
warrant.
ii. The warrantless search and seizure, as an incident to a lawful arrest, may extend
beyond the person of the one arrested to include the premises or surroundings under
his immediate control.
Object in the plain view of an officer who has the right to be in the position to have the
view are subject to seizure and may be presented as evidence. But the plain view
doctrine may not be used to launch unbridles searches and indiscriminate seizures, nor
to extend to a general exploratory search made solely to find evidence of defendants
guilt. The Plain view doctrine is usually applied where a police officer is not searching
for evidence against the accused, but nonetheless inadvertently comes upon an
incriminating object (People v Musa, 217 scra 597).
iii. In Posadas v Court of Appeals, 188 SCRA 288, the Court up held the validity of a
search made by police officers on one who confronted by the police because he was
acting suspiciously, ran away. But in People v Rodriguez, 232 SCRA 498, the arrest
and consequently search of the accused, simply because he was acting suspiciously
was held invalid.
106
iv. In People v Tangliben, 184 220, where two policemen on surveillance, fter reciving a
tip form an informer, noticed a person carrying a red bag acting suspiciously, then
confronted the person and found inside the bag marijuana leaves, the Supreme Court
held that the seizure was valid, as an incident to a lawful arrest. The Court said that
the matter presented urgency; when the informer pointed to the accused as one who
was carrying marijuana, the police officers, faced with such on-the-spot information, had
to act quickly. There was enough time to secure a search warrant. In People v
Malsmtedt, 198 SCRA 401, where, soldiers manning a checkpoint (set up because or
persistent report that vehicles were transporting marijuana and other prohibited drugs)
noticed a bulge on the accuseds waist and the pouch bag was found to contain
hashish, the search was deemed valid as an incident to a lawful arrest (as the accused
was then transporting prohibited drugs) - and there was sufficient probable cause for the
said officers to believe that the accused was then and there committing a crime.
v. In People v Catan, 205 SCRA 235, where a buy-bust operation was made at the
house of the accused, and immediately after the purchase, the accused was arrested
and a search made of the premises, the Court ruled that the search was validly made.
Contemporaneous to the arrest. (Note: Possession of marijuana is absorbed in the sale
of marijuana only with respect to the marijuana delivered to the buyer, not to marijuana
found in the sellers possession which are not subject of the sale and which
are probably intended for some other purpose).
vi. In Pita v Court of Appeals, 178 SCRA 362, it was held that the respondents had not
shown the required proof to justify a ban and to warrant confiscation of the magazines;
they were not possessed of a lawful court order (i) finding the materials to be
pornographic and (ii) authorizing them to carry out a search and seizure. To justify a
warrantless search as an incident to a lawful arrest, the arrest must be on account of a
crime having been committed. Here, no party has been charged, nor are any charges
being pressed against any party. The supreme Court outlines the procedure to be
followed, thus: a criminal charges must be brought against the person/ for purveying the
pornographic materials; an application for a search and seizure warrant obtained from
the judge (who shall determine the existence of probable cause before issuing such
warrant); the materials confiscated brought to court in the prosecution of the accused for
the crime charges; the court will determine whether the confiscated items are really
pornographic, and the judgment of acquittal or conviction rendered by the court
accordingly.
vii. In People v Sucro, 195 SCRA 388, the Supreme Court held that a warrantless
search and seizure can be effected without necessarily being preceded by an arrest,
provided that the same is effected on the basis of probable cause.
viii.While it is conceded that in a buy-bust operation, there is seizure of evidence from
ones person without a search warrant, inasmuch as the search is an incident to a lawful
arrest, there is no necessity for a search warrant (People v Dela Cruz 184 SCRA
416). Thus, in a buy-bust operation, was frisked by operatives who found marked
money which was used to buy two sticks of marijuana cigarettes and 17 more marijuana
cigarettes, the search was deemed valid s an incident to a lawful arrest.
Likewise, in People v Musa, supra., it was held that in a buy-bust operation, the law
enforcement agents may seize the marked money found on the person of the pusher
immediately after the arrest, even without an arrest or search warrant. However, in
People v Zapanta, 195 SCRA 200, where, as an incident to a buy-but entrapment
operation, a raid of the house under the mat, the Supreme Court said that apart form
the uncertainly among the witnesses as to how many marijuana cigarettes, if any, were
found in Zapantas possession during the raid, the search was made without a warrant,
therefore, the marijuana cigarettes seized in such raid were inadmissible in evidence.
c. Searches of vessels and aircraft for violation of immigration and customs laws.
i. A fishing vessels found to be violating fishery laws may be seized without a warrant on
two grounds: firstly, because they are usually equipped with powerful motors that
enable them to elude pursuit, and secondly, because the seizure would be an incident
to a lawful arrest (Roldan v ARca, 65 SCRA 3361)
ii. In People v Aminnudin, 163 SCRA 402, where the accused was searched and
arrested upon disembarkation from a passenger vessel, the Court held that there was
no urgency to effect a warrantless search, as it is clear that the Philippine Constabulary
had at least two days (from the time they received the tip until the arrival of the vessel)
within which they could have obtained a warrant to search and arrest the accused. Yet,
they did nothing; no effort was made to comply wit the law.
iii. The situation in People v Saycon, 236 SCRA 325, is different, because the NARCOM
agents received the tip in the early morning of July 8, 1992, and the boat on which the
accused boarded was due to arrive at 6:00 am on the same day.
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Furthermore, there was probable cause consisting of two part: firstly the agents
conducted a buy-bust operation; and secondly, they received confidential information
that the boat was due to leave soon.
d. Searches of automobiles at boarders or constructive borders for violation of
immigration or smuggling laws.
i. Warrantless search of vehicles made within interior of territory justified only if there is
probable cause. See: Papa v Mago, 22 SCRA 857; People v CFI of Rizal, 101 SCRA
86. In People v Balingan 241 SCRA 277, the search and seizure of the luggage of a
passenger in a bus after the team had tailed the bus for 15 to 20 minutes (because of a
tip received by the team) was held to be valid. This reiterates the ruling of People v Lo
Ho Wing, 193 SCRA 122, where the Court gave approval to a warrantless search done
on a taxicab which eventually yielded shabu.
ii. In Valmonte v De Villa, 178 Scra 211, the Supreme Court upheld the validity of
checkpoints. To enable the NCRDC to pursue its mission of establishing effective
territorial defense and maintaining peace and order for the benefit of the public. In its
resolution on the motion for reconsideration (185 SCRA 665), the Supreme Court
stressed that the warrantless search is not violative of the Constitutional for as long as
the inspection is limited to a visual search, and neither the vehicle itself nor the
occupants are subjected to a search. An extensive search is allowed only if the officers
conducting the search had probable cause to believe before the search that either the
motorist was a law offender or that they would find evidence pertaining to the
commission of a crime in the vehicle to be searched. This is reiterated in Aniag v
Comelec, supra.
iii. In Bagalihog v Fernanandez, 198 SCra 615, where respondent Roxas confiscated
and impounded petitioners motocylcle which was believed one of the vehicles used by
the killers of Rep. Moises Espinosa, the Supreme Court ruled that the confiscated,
without warrant, was unlawful. The constitutional provision protects not only those who
appears to be innocent but also those who appear to be guilty but are nevertheless
presumed innocent until the contrary is proved. The necessity for the immediate seizure
of the motorcycle had not been established; either can the vehicle be detained on the
ground that it is a prohibited article.
e. Inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations. (But see Camara v Municipal Court, 387 U.S. 523, where the U.S.
Supreme Court reversed the conviction of a person who refused a warrantless entry into
his residence by municipal officer who wanted to make a routine annual inspection of
premises for possible violations of the San Francisco House Code.)
f. Where prohibited articles are in plain view open to eye an hand, they maybe seized
even without warrant. See: Chia v ACTG Collector of Customs, 177 SCRA, and as
clarified in People v Musa, 217 SCRA 597
g. In Guazon v De Villa, 181 Scra 623, the Supreme Court upheld, as a valid exercise of
the military powers of he President, the conduct of aerial target zoning or saturation
drive/s (Note: in this case, the validity of the search was not directly questioned; what
was raised in issued was the alleged abuse/s committed by the military who conducted
the saturation drives in the absence of complaints and complaints against specific
actors, no prohibition could be issued. However, the Court temporarily restrained the
alleged banging of walls, kicking of doors, herding of half-naked men for examination of
tattoo marks, the violation of residence, even if these are humble shanties of
squatters ,a nd the other alleged acts which are shocking to the conscience. The
Supreme Court remanded the case to the trial court for reception of evidence on the
alleged abuses.
h. In people v De Garcia, 233 SCRA 716, considering the circumstances obtaining at
the time of the raid of Eurocar Sales Office at the height of the December 1989 coup d
etat. Military operatives had reasonable ground to believe that a crime was being
committed, and they had no opportunity to apply for a search warrant from the courts as
the latter were closed. Under such urgency and exigency, a search warrant could
lawfully be dispensed with.
APPENDICES
A. LAWS, STATUTES
ANTI-GRAFT AND CORRUPT PRACTICES ACT:
RA Nr. 3019 9 August 17, 1960) Anti-Graft and Corrupt Practices Act (As
amended).
PD Nr. 46 (Nov. 10 1972) making it punishable for public officials and employees
to receive, and for private persons to give, gifts on any occasion, including Christmas.
108
ARREST AND RESCUE:
PD Nr. 1829 (January 16, 1981) Penalizing obstruction of apprehension and
prosecution of criminal offenders.
Executive Order Nr 58, S. 1986. Authorizing the Ministry of Social Services and
Development to take protective custody of child prostitutes and sexually exploited
children, and for other purposes.
ILLEGAL RECRUITMENT:
PD Nr 2018 (January 26, 1986). Making illegal recruitment a crime of economic
sabotage and punishable with life imprisonment.
WITNESS PROTECTION:
Rep Act No. 6981 (April 24, 1991). Witness Protection, Security and Benefit Act
B. REPORT FORMATS
1. Initial Reports
a. Pot Report
b. Progress Reports
c. After Operations Reports
d. Final Report
2. Intel Operation Report
a. Summary of Information Reports
b. Background Investigation/ Inter (BI) Reports
c. Complan
3. Investigation Reports
a. Investigation Plan
b. Evidence Custodian Reports
c. Case Investigation Reports
d. Coordination Reports
e. Police Reports
1. Alarm Reports
2. Advance Report
3. Crime Reports
f. Request for examination reports
g. Request of Issuance of Subpoena/ Subpoena duces tecum
h. Scene of the Crime (SOCO) Operation Reports
i. Investigation Sheet (IS) Reports/ Case filed Reports
j. Inquest Referral Reports
4. after Arrest and Seizure Reports
a. Booking Reports
b. Complaint of Chief of Police
c. Return of Warrant Reports
d. Request for lifting or Alarm of Motor Vehicle/s
e. After Surveillance Reports
f. Application of Search Warrants
g. Deposition of Witnesses
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h. Compliance of Return of Search Warrants
i. Certification of Orderly Search
j. Inventory Report in Case of Search Warrant
k. Detention Reports
5. Case Monitoring Report
a. Case Hearing Reports
b. Promulgation Reports
WHEREAS, under existing laws and the civil service rules, it is prohibited to
receive, directly or indirectly, any gift, present or any other form of benefit in the course
of official duties;
For violation of this Decree, the penalty of imprisonment for not less than one (1)
year nor more than (5) years and perpetual disqualification from public office shall be
imposed. The official or employee concerned shall likewise be subject to administrative
disciplinary action and, if found guilty, shall be meted out the penalty of suspension or
removal, depending on the seriousness of the offense.
This Decree shall take effect immediately after its publication. (68 OG No. 47
Nov. 20, 1972) Done in the City of Manila, this 10th day of November, in the year of Our
Lord, nineteen hundred and seventy-two.
110
PROVIDING FOR THE DISPOSITION OF CASES INVOLVING SIMPLE ILLEGAL
POSSESSION OF FIREARM, AMMUNITION, OR EXPLOSIVE, THE SURRENDER OF
SUCH CONTRABAND UNDER CERTAIN GUARANTEES AND CONDITIONS, AND
FOR OTHER PURPOSES (PD No. 1745, as amended)
WHEREAS, reports from the law enforcement agencies further reveal that there
are still a big number of loose or unlicensed firearms, ammunitions or explosives in the
possession of individuals a majority of whom, not having used such contraband for the
commission of any other offense or offenses, may be desirous of surrendering the same
but are prevented from doing so for fear of being punished in accordance with current
laws;
Section 1. Grant of Amnesty. Amnesty is hereby decreed in favor of any person who,
on or before the date of effectivity of this Decree, has been under arrest and/or
investigation for, charged with, or convicted of, simple illegal possession of firearm,
ammunition, or explosive, provided that he shall apply therefor in writing to the proper
authorities within three (3) months from such date of effectivity. For purposes of this
Decree, illegal possession of firearm, ammunition or explosive shall be deemed simple
if no other, offense is committed with the use of such firearm, ammunition or explosive.
Section 2. Persons Disqualified From Amnesty. The following are disqualified from
amnesty under this Decree:
(a) Promoters, maintainers, heads or members of rebellious, seditious or subversive
organizations or associations;
(b) Those who have been arrested, charged with and/or convicted of illegal possession
of firearm, ammunition or explosive, with resultant offense or offenses.
111
from the date of effectivity of this Decree: Provided, however, That the foregoing
provision shall not be construed as barring the prosecution of any person for illegal
possession of firearms, ammunition, or explosives as the case may be, in violation of
current laws, if he, within the above-mentioned period of three (3) months:
(a) Carries outside of his residence, any loose or unlicensed firearm, ammunition or
explosive, unless this be for the purpose of surrendering the same as evidenced by a
written authorization to transport the same for that particular purpose priorly secured by
him from the proper authorities;lawphil.net
(b) Commits any other offense with the use of such loose or unlicensed firearm.
Section 8. Traveling Expenses and Allowances. The Chairmen and members of the
Amnesty Commissions created pursuant to this Decree, when traveling in the
performance of their duties for purposes hereof, shall be entitled to payment of traveling
expenses in accordance with existing laws, rules and regulations, and a flat allowance
of one hundred pesos a day.
Section 10. Rules and Regulations. The Minister of National Defense shall promulgate
such rules and regulations as may be necessary for the effective implementation of this
Decree.
Section 11. Effectivity. This Decree shall take effect immediately. (See PD No. 1747
amending this section)
Done in the City of Manila, Philippines, this 20th day of November, in the year of Our
Lord, nineteen hundred and eighty.
112
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866. AS
AMENDED. ENTITLED CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR
RELEVANT PURPOSES
WHEREAS, there has been an upsurge of crimes vitally affecting public order
and safety due to the proliferation of illegally possessed and manufactured firearms,
ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives, damage to
property and destruction of valuable resources of the country;
WHEREAS, there are various laws and presidential decrees which penalized
illegal possession and manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and
presidential decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential decrees
which must be updated and revised in order to more effectively deter violators of the law
on firearms, ammunition and explosives.
The penalty of prision mayor shall be imposed upon any person who shall carry
any licensed firearm outside his residence without legal authority therefor.
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Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The
possession of any machinery, tool or instrument used directly in the manufacture of
firearms or ammunition, by any person whose business or employment does not
lawfully deal with the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal manufacture of
firearms or ammunition.
Any person who commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons shall be
punished with the penalty of death.
Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall
be imposed upon any person who shall unlawfully tamper, change, deface or erase the
serial number of any firearm.
Section 8. Rules and Regulations. -The Chief of the Philippine Constabulary shall
promulgate the rules and regulations for the effective implementation of this Decree.
Section 10. Effectivity. -This Decree shall take effect after fifteen (15) days following the
completion of its publication in the Official Gazette.
Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen
hundred and eighty-three.
114
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 PRESIDENTIAL
DECREE No. 532 August 8, 1974
Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway
Robbery Law of 1974.
Section 2. Definition of Terms. The following terms shall mean and be understood, as
follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited
to, seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by historic or legal title, including territorial
sea, the sea-bed, the insular shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo
from one place to another through Philippine Waters. It shall include all kinds and types
of vessels or boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad within the Philippines used by
persons, or vehicles, or locomotives or trains for the movement or circulation of persons
or transportation of goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the
whole or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things, committed by any person,
including a passenger or member of the complement of said vessel, in Philippine
waters, shall be considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away of the property of another by means of
violence against or intimidation of person or force upon things of other unlawful means,
committed by any person on any Philippine Highway.
115
abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall
be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its
minimum period shall be imposed. If physical injuries or other crimes are committed
during or on the occasion of the commission of robbery or brigandage, the penalty of
reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping
for ransom or extortion, or murder or homicide, or rape is committed as a result or on
the occasion thereof, the penalty of death shall be imposed.
It shall be presumed that any person who does any of the acts provided in this
Section has performed knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as
the Revised Penal Code; and all laws, decrees, or orders or instructions, or parts
thereof, insofar as they are inconsistent with this Decree are hereby repealed or
modified accordingly.
Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen
hundred and seventy-four.
116
Section 1. Checks without sufficient funds.
Any person who makes or draws and issues any check to apply on account or for
value, knowing at the time of issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for insufficiency of funds or credit
or would have been dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment, shall be punished by imprisonment of
not less than thirty days but not more than one (1) year or by a fine of not less than but
not more than double the amount of the check which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the
court.
The same penalty shall be imposed upon any person who, having sufficient
funds in or credit with the drawee bank when he makes or draws and issues a check,
shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of ninety (90) days from the date appearing thereon,
for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or
persons who actually signed the check in behalf of such drawer shall be liable under
this Act.
Section 2. Evidence of knowledge of insufficient funds.
The making, drawing and issuance of a check payment of which is refused by the
drawee because of insufficient funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be prima facie evidence of knowledge
of such insufficiency of funds or credit unless such maker or drawer pays the holder
thereof the amount due thereon, or makes arrangements for payment in full by the
drawee of such check within (5) banking days after receiving notice that such check has
not been paid by the drawee.
Section 3. Duty of drawee; rules of evidence.
It shall be the duty of the drawee of any check, when refusing to pay the same to
the holder thereof upon presentment, to cause to be written, printed, or stamped in plain
language thereon, or attached thereto,
the reason for drawee's dishonor or refusal to pay the same: Provided, That where there
are no sufficient funds in or credit with such drawee bank, such fact shall always be
explicitly stated in the notice of dishonor or refusal. In all prosecutions under this Act,
the introduction in evidence of any unpaid and dishonored check, having the drawee's
refusal to pay stamped or written thereon or attached thereto, with the reason therefore
as aforesaid, shall be prima facie evidence of the making or issuance of said check, and
the due presentment to the drawee for payment and the dishonor thereof, and that the
same was properly dishonored for the reason written, stamped or attached by the
drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the
notice that there were no sufficient funds in or credit with such bank for the payment
in full of such check, if such be the fact.
REPORT FORMATS
I. Reports
1. Spot Reports
2. Progress
117
3. After Operation Reports
4. Final Reports
MEMORANDUM
FOR : Director, CIDG
DATE
118
1. (Indicate briefly the date/time, and place of occurrence) example
2. (Brief facts of the case(
3. (Etc.)
4. Requested/recommended actions from Hqs.
5. Progress report will follow
Regional Officer
DATE
1. Reference:
2. (Indicate briefly the date/time and place of occurrence) example
3. (Brief facts of the case)
4. (Etc.)
5. Requested/recommended actions from Hqs.
6. Disposition/ Action Taken
7. Final Report will follow
Regional Officer
DATE
I Authority
119
a. COP NCR Complan Sakote 99
II Mission
a. Background
The PNP particularly the CIDG suffered a major drawback in its campaign against
organized syndicated crime as a result of a series of robbery/hold-up incident in Metro
Manila.
b. Intelligence Build-up
Recent assessment conducted by COP NCR on the criminality generated from
Intelligence report and operational research revealed that the Waray Group composed
of ten (10)
members as follows.
Regional Officer
MEMORANDUM
1. Reference:
2. (Indicated briefly the date/time, and place of occurrence)example
3. Background/Brief facts of the case
4. Sequence of Events
5. Summary of Action
6. Recommendation/ Conclusion
7. Disposition/findings
8. For your information
120
Regional Officer
COMPLAINT
Contrary to law.
_________________, ___________________________, 19 __________.
JUDGE
SUMMARY OF INFORMATION
Information confirmed by operatives this office disclosed that Love Bird Videoke
at Sam Mateo, Isabela is Maintaining minors as GROs
2
Reporting Agent
121
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
BACKGROUND INVESTIGATION
I. This has reference to the depleted strength of personnel of 2RCIDG. In view thereof,
this Office
has accommodated two (2) PNCOs and were subjected for Background Investigation
prior to their official
assignment to CIDG 2RCIRDG.
II. PERSONAL BACKGROUND
A. BIOGRAPHICAL DATE:
1. PERSONAL DATE:
Name :
Nickname/alias :
Age :
Sex :
DOB :
Present Address :
Provincial Address :
Marital Address :
Citizenship :
Region :
Ethnic Group :
Blood Type :
Telephone Number :
TIN :
122
2.
PHYSICAL DESCRIPTION:
Height :
Weight :
Built :
Complexion :
Color of Hair :
Color of Eyes :
Identifying mark :
B. FAMILY BACKGROUND:
1.
FATHER :
Name :
Address :
Occupation :
Place of Birth :
Date of Birth :
REFERENCE:
SITUATION:
When to start the performance of the task and for how long?
123
And when found appropriate, why it should be done and what is the expected outcome?
IV. ADMINISTRATIVE:
A. Personnel. (Contains information on personnel involved in the case
operations, including those not available and is contemplated to be employed for the
purpose.)
B. Finance. (Contains the estimated quarterly expenses per diems and
operations expenses) of the project as a whole.
C. Supply and Equipment. (Contains date on supplies and equipment (and its
finances) to be used in the operations. Supplies and equipment already existing are not
included)
D. Transportation. (Vehicle & POL requirements of the case operations.
E. Miscellaneous. (Refers to other administrative data not covered in the above
paragraphs, May include disposition of arrested person/captured enemy/recovered
documents, evidences, etc.).
VI. REPORTS: (Instruction on the typed of report(s) and the frequency of submission
required from the case officer: the Monthly Development Report (MDR), and the Special
Report submitted in between MDR to disseminate significant incidents)
RECOMMEND APPROVAL:
(Project Officer)
(PD/DD/CD/PO)
(Project Director)
(C, RIID/ADI)
(Project Supervision)
(RD/DIR)
APPROVED/DISAPPROVED
(Project Sponsor)
(Director for Intelligence)
124
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
HCIG/ADIN
MEMORANDUM
FOR : Director, CIDG
FROM : ADIN
SUBJECT : Case Investigation Plan for Mysterious Death of ENS,
PHILIP A PESTAO, PN
DATE :
I. AUTHORITY (Specify)
III. THEORY OF THE CASE (Assumption as to what to be the possible result, indicate
all possible scenario of the incident?
IV. EXECUTION/TASK
A. First Stage (Research and record gathering)
B. Second Stage (Documentation)
C. Third Stage (Evaluation/Conclusion)
125
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
HCIDG/OADIN
FOR :
Director, CIDG
(Attn, ADIN)
FROM :
Regional Office
SUBJECT :
Investigation Report re: Shooting Incident resulting to the death of
DATE :
I AUTHORITY
II MATTERS TO BE INVESTIGATED
3. To determine the surrounding circumstances of the killing of the said police officer.
4. To possibly identify the suspects that will led to their apprehension and possible
prosecution
IV INVESTIGATION/FINDINGS
6. etc.
V CONCLUSION
VI RECOMMENDATION/DISPOSITION
REGIONAL OFFICER
126
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
1.ALARM NO.
2.NATURE OF ALARM
[ ] MISSING [ ] WANTED
3.. PLACE WHERE LAST SEEN 4. DATE/TIME
5 NAME OF SUBJECT 6. ALIAS (ES) 7. ADDRESS
8. DESCRIPTION:
SEX
NATIONALITY
AGE
COMPLEXION
HEIGHT
WEIGHT
BUILD
HAIR
PECULIARITIES
OTHER IDENTIFICATION DATA
9. PHOTO
10 ADDITIONAL INFO ON SUBJECT
11. COMPLAINANT/INFORMANT 12. ADDRESS 13. TEL NO.
14.RELATIONSHIP OF COMPLAINANT/
INFORMANT TO SUBJECT
15. REPORTED TO OTHER AGENCY
[ ] YES [ ] NO
If yes, what agency________________
16. DATE/TIME
REPORTED
17. REPORT RECEIVED BY 18. DATE/TIME 19. POSITION/DESIGNATION
20. THIS IS TO CERTIFY that the above report/data are
true and correct to the best of my knowledge.
21. SIGNATURE OF COMPLAINANT/
INFORMER
22. SUBSCRIBED AND SWORN TO before me
this _____ day of ________________ 19 _______
23. SIGNATURE OF ADMINISTERING OFFICER
24. ISSUANCE OF ALARM REQUESTED BY 25. DATE/TIME 26.
POSITION/DESIGNATION
27. ALARM ISSUED BY 28. DATE/TIME 29. POSITION/DESIGNATION
30. LIFTING OF ALARM REQUESTED BY 31. DATE/TIME 32.
POSITION/DESIGNATION
33. ALARM LIFTED BY 34. DATE/TIME 35. POSITION/DESIGNATION
36. REASON FOR LIFTING ALARM
[ ] PERSON RECOVERED [ ] PERSON RETURNED [ ] OTHER
[ ] FALSE ALARM [ ] PERSON ARRESTED
127
37. SIGNATURE OF SUPERVISOR 38. DATE/TIME 39. POSITION/DESIGNATION
ADVANCE INFORMATION
DATE/TIME/PLACE : __________________________________________________
OF OCCURRENCE : __________________________________________________
SUSPECTS : __________________________________________________
EVIDENCE : __________________________________________________
WITNESSES : __________________________________________________
_________________________________
NAME OF OFFICER-ON-CASE
_________________________________
RANK PNP
_________________________________
DESIGNATION
NOTED AND FORWARDED:
____________________________
CHIEF OF GROUP/UNIT
____________________________
RANK PNP
DESIGNATION
CRIME REPORT
NATURE OF CASE : __________________________________________________
COMPLAINANT/VICTIM:
___________________________________________________
(NAMES, PERSONAL CIRCUMSTANCES OF COMPLAINANT)
___________________________________________________
(IN RAPE CASES, ENCLOSE THE MEDICAL FINDING)
DATE/TIME/PLACE OF OCCURENCE
SUSPECTS
:
:
:
__________________________________________________
__________________________________________________
__________________________________________________
(NAMES, PERSONAL CIRCUMSTANCES,
__________________________________________________
ADDRESS, IF KNOWN, AND PHYSICAL
__________________________________________________
DESCRIPTION, IF AT-LARGE
EVIDENCE WITNESSES :
__________________________________________________
__________________________________________________
(NAMES AND ADDRESS)
128
FACTS OF THE CASE:
____________________________________
NAME OF OFFICER-ON-CASE
____________________________________
RANK PNP
____________________________________
DESIGNATION
NOTED AND FORWARDED:
_________________________________
CHIEF OF GOUP/UNIT
_________________________________
RANK PNP
_________________________________
DESIGNATION
129
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
Office of the Assistant Directorate for Police Community Relations
Women and Children Concern Office
Camp Crame, Quezon City
COORDINATION FORM
UNIT:
_________________________________________________________________
DATE/TIME:
____________________________________________________________
PLACE OF OPERATION: _____________________________________________
TEAM LEADER: ____________________________________________________
MEMBERS:
______________________________________________________________
VEHICLE USED:
130
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
21 July 1999
The BRAVO SOCO Team immediately proceeded to the place of incident and upon
arrival the whole Team properly coordinated with the officer on case and other Police
Officers to include the Deputy Chief of Police of the same command.
Ocular inspection of the crime scene was conducted and noted that the place was well
preserved, then instructed Forensic Photographer to take photographs at the area
particularly to the Cadaver position who was still (POSITION OF THE VICTIM) and
wearing, (clothing description) with (SUSTAIN
INJURY) at various part of the victims body and bathed with her owned blood. (NAME)
Duty Medico-Legal Officer declared that the victim (STATE THE CONDITION OF THE
VICTIM). The rest of the Team member then carried out their respective tasked, such
as taking, fingerprints at the suspects, lifting latent prints, gathered information,
recording and labeling of evidence relatives to the incident.
Responding Police Authorities here theorized that there are at least two possible
motives behind the killing of the victim. Suspects (NAME AND DESCRIPTION).
Information gathered that prior to the incident, suspects After thoroughly processing, the
SOCO Team properly turned over the scene of the crime to the investigator on case for
evaluation and final disposition.
SUBMITTED BY:
131
NOTED BY:
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Office of Assistant Director for Police Community Relation
Women and Children Concern Office
Camp Crame, Quezon City
MEMORANDUM
FOR : Director, PNP Crime Laboratory
FROM : C, WACCO
SUBJECT : Request for Genital Examination
DATE :
2. REASONS:
Copies of the above-mentioned documents are certified to as missing from the
files of the Office of the Notarial Section of the Clerk of Court of Manila.
(Applicant)
CONCUR
RECOMMENDED APPROVAL
132
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
CIDG-LO
SUBPOENA
TO : ___________________
G R E E T I N G S:
By virtue of the authority vested upon me pursuant to Sectio n6 of Republic Act 5750,
you are commanced to appear before the officer of the Criminal Investigation and
Detection Office, this complaint of ________________________ for Alleged
Falsification of Public Documents and bring with you the duplicate original copies of the
_______________________,
Received by:
Time and Date: ________________
FILE NO.______________
LIST OF EVIDENCE
133
MEMO OF PRELIMINARY INVESTIGATION
COMPLAINANT/S: RESPONDENT/S
1.______________________________ Address: ____________________________
2.______________________________
3.______________________________
CHARGE:
4.____________________________________________________________________
_
Place of Commission
5.
_____________________________________________________________________
Date ________________ Time _________________ (Use back hereof for add,
accused)
Witness:
Name____________________________________Address______________________
__
NOTE:
1. Has a similar complaint been filed before any other office? (YES OR NO)
2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO)
3. Are all the above information true and correct _____________(YES OR NO)
Investigation on ________________________
Postpone to ______________________________________________________
On relation of ________________________ (Signature of complainant or counsel)
TAKE NOTE: Sufficient copies of the affidavit of complainant and witnesses and other
ACTION TAKEN:
Supporting document should be submitted.
________________________________
Investigation Prosecutor
IMPORTANT!
A complainant shall be required to file his complaint in the form of an affidavit to which
must be appended affidavit of witnesses, annexes and other supporting documents.
The statements of the complainant and his witnesses, shall be, far as practicable, be
sworn to before the investigating Prosecutor. If sworn before any Officer authorized to
administer oaths, the administering Officer shall
CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE,
VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
______________________________
Investigating Prosecutor Stenographer
134
The Chief State Prosecutor
Department of Justice
Padre Faura, Manila
Sir:
I have the honor to refer to your good office, for appropriate action, the records of
investigation relative to the case of Violation of PD 1866 as amended by RA 8294
(Illegal Possession of Firearm and Ammunitions) and for Resisting Arrest, against the
following persons:
Suspects:
1. Domingo Fernandez y Manahan, 36 years old, married, a resident of Brgy Bagon
Silang, San Jose, Navotas, MM; (under arrest)
2. Mario Demate y Josayan, 29 years old, married, a resident of No. 411 Bayside,
Daang Hari St., Navotas (under arrest)
PO3 Joel R Abraham of this Regional Office will represent this case.
NAPOLEON R ESTILLES
Police Superintendent (DSC)
135
(LAST NAME) (FIRST NAME) (MIDDLE NAME)
ADDRESS:______________________________________TEL
____________________
PLACE & DATE OF BIRTH:______________________ OCCUPATION
________________
TIMED BOOKED: _________ MARITAL STATUS: ____________NATIONALITY
______
SEX: ___________ WEIGHT: ___________ HEIGHT: _________ AGE: _______
EDUC:______SCARS AND MARKS
___________________________________________
OTHER IDENTIFYING MARKS
_______________________________________________
NAME & ADDRESS OF FATHER:
____________________________________________
NAME & ADDRESS OF MOTHER:
____________________________________________
NAME AND ADDRESS OF NEARES RELATIVES
_________________________________
OFFENSE CHARGE:
(NATURE OF OFFENSE) (CRIM CASE/IS NO) (CRT/FISCAL)
DISTRIBUTION:
1-ADI
1-ADIN Signature of
1-Fiscal/Court Concerned Person Arrested: ________________________
1-Arresting Officer
1-CIDO File Arresting Officer: ________________________
RIGHT HAND
LEFT HAND
136
People of the Philippines Criminal Case No.
Vs
Accused
COMPLAINT
Contrary to law.
JUDGE
137
Department of the Interior and Local Government
NATIONAL POLICE DOMMISSION
PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION DETECTION GROUP
Camp Crame, Quezon City
HCIDG/ADIN
1ST Endorsement
June 16, 1999
Respectfully returned to the Honorable Court, Regional Trial Court, National Capital
Judicial Region, Branch 70, Pasig City, the herein attached Warrant of Arrest in Criminal
Case No. 110782 for Estafa against Rey Conception y Salvacion, duly served by
elements of Warrant & Alarm Branch, OADIN, of this Group, on November 11, 1997.
Subject accused was subsequently turned over to the CIDG Detention Center for proper
disposition, copy hereto attached for ready reference.
BIENVENIDO M MADRIA
Police Inspector
Chief, Warrant and Alarm Branch
138
Name of Applicant: ____________________________Address:
___________________
Registered Owner _____________________________ Address: __________________
Description of Motor Vehicle:
| | Signature
| | PHOTO | ______________________________
| | Print Name
|____________| ______________________________
Drivers License Number
COD
139
MEMORANDUM
3. Upon arrival at the place, _________________ took pictures of the faade of the
establishment. After which were able to gain entry inside the said printing office by
posing as vehicle owners interested in hauling newspapers and magazines from said
printing firm. The firm which is approximately four hundred square meters (400sqm)
wide is being guarded round-the-clock by uniform security guards.
4. While inside the said office, we were able to confirm to ourselves that aside from
___________ and ________________ tabloids, the said __________________ office is
also printing ______________, as we personally saw. It was further learned from the
guard on duty at the time that the owner of the ___________________________ is a
certain _________________, _______________________, whose house is just beside
the said ___________.
5. For information
Operative
NOTED:
This certificates that I personally examined the affiants and I am personally
satisfied that they fully read and understood its contents and that they freely and
voluntarily executed the same.
(Plaintiff)
versus FOR:
Henry Cuino Violation of Art. 201, RPC
Lorenzo Banag (Immoral doctrines, Obscene Publications
(Respondents) and Exhibitions, and Indecent Shows) as
amended by PDS 960/969
140
APPLICATION FOR SEARCH WARRANT
1. That he was informed and verify believes that the above-name respondents are
keeping in their possession and control at the premises of a printing office located at
_____________________________, the following articles used or intended to be used
in the printing of obscene publication, to wit:
a.
b.
c.
d.
e.
2. That the above fact was confirmed to him by his witnesses, Police Officer I
__________________________ and Police Officer I _______________________, who
were able to gain entry into the aforementioned premises of the respondents:
3. WHEREFORE, the undersigned prays to this Honorable Court to issue a search
warrant authorizing him and or his men to search the premises and if machines are
attached to the ground, padlock the premises described in the application and to seize
and bring to this Honorable Court the above-mentioned items to be dealt with in full
accord with existing laws.
JOINT AFFIDAVIT
141
That on _______________, at around ______________, in order to ascertain the
veracity of the report on the circulation of smut publications, we proceeded to a printing
office located at ______________ where we were able to gain entry inside the said
printing to a printing office posing as owners of delivery vehicles interested in hauling
newspapers and/or magazines and while inside, we were able to see to ourselves that
said office is indeed printing ____________ thereat;
IN WITNESS HEREOF, we affixed our signatures over our printed named below this
25th day of February 1999 at Camp Crame, Quezon City.
Affiant Affiant
Administering Officer
This further certifies that I personally examined both affiants and I am personally
satisfied that they full read and understood its contents and that they freely and
voluntarily executed the same.
DEPOSITION OF WITNESSES
142
A-We are_______________ and _________________ both of legal ages, and married
and widow, respectively, and presently assigned with the Criminal Investigation &
Detective Office, Criminal Investigation & Detection Group, Camp Crame, Quezon City.
Q-Do you have personal knowledge that in said premises the following properties are
being kept, being used or intended to be used without proper documents, to wit:
A-Yes Sir.
Q-Do you know who is or who are the person or persons who has or have control of the
above-described properties?
A-Yes Sir.
Q. How did you know that the said properties re kept in his/her premises which are
subject of the
offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is
keeping ___________________ in her premises/ residence.
Affiant Affiant
(Plaintiff)
-versus- FOR:
HENRY CIUNO VIOLATION OF ART. 01, RPC
LORENZON BANAG ET AL (Immoral Doctrines, Obscene
Publications)
281 Santolan Road, Brg, Parada and Exhibitions and Indecent Shows)
Valenzuela City
x---------------------x
143
On ________________, at about ________________, a _______________ issued by
this Honorable Court was served at the premises of the above-named respondents of
___________, (Annex A)
During the search , the following articles subject of the search warrant were found they
said office, to wit:
a.
b.
c.
All the entries confiscated were under proper receipts and are now in the custody of the
undersigned except for items number (d) and (e) listed hereof.
WHEREOF, it is respectfully prayed of this Honorable Court that the return of the
______________________ be accepted and granting the undersigned to have the
custody of the afore-cited articles until the termination of the investigation.
Applicant
VERIFICATION
That all the allegations contained on the Compliance/ Return of the Search
Warrant are true and correct and are of my own personal knowledge.
Applicant
Police Superintendent
Administering Officer
March 2, 1999
THIS IS TO CERTIFY that the undersigned has seized and taken possession on the
properly herein below described from __________________, in accordance with
144
Search Warrant No. ___________ issued by Hon. Judge ___________________- of
RTC Branch ___________, dated _______________ which seized was done in the
presence of _______________ to whom the original of this receipt is given, in the
presence of _____________ and _____________ as witnesses, on
________________1999.
Seizing Officer
1. __________________________
2. ___________________________
Address
Date/Time
That I was present at all times and has witnessed the conduct of the search which was
done in an orderly manner, no unnecessary force was employed, nobody was hurt nor
was there anything lost nor property taken without official receipts.
That the search was conducted in accordance with law and in view hereof, I do not have
any complaint whatsoever against any member of the Criminal Investigation & Detective
Office, Criminal Investigation & Detection Group Team that conducted the search.
IN WITNESS WHEREOF, I/WE have hereunto affixed my/ our signature this _________
1999 at _______________-.
WITNESSES:
CERTIFICATION
145
THIS IS TO CERTIFY that I have personally examined the herein affiant and I
am fully satisfied that he/she voluntarily executed and understood his/her statement.
Administering Officer
CERTIFICATION
THIS IS TO CERTIFY that the undersigned Incoming Duty Jail Guards assumed the
duties and responsibilities from the Outgoing Duty Jail Guards from
_________________ to ___________________ and received the following to wit:
LISTOFDETAINEES
Female
1.
2.
146
NOTED/INSPECTED: NOTED/INSPECTED:
_________________________________________________
MEMORANDUM
TO : RO, ______________
FROM : PROVINCIAL OFFICER
SUBJECT : CASE HEARING REPORTS
DATE :
1. This has reference to the Court Hearing which was attended today by the
undersigned together with ______________________ relative to the case filed by
_________________ against ___________________________ docketed under CC#
______________________ is scheduled for arraignment at the sala of
______________________________________.
2. However, said court hearing/arraignment was set because __________________
counsel of the respondents submitted/filed a motion for reinvestigation of the case and
was presented to City Prosecutor and after examining the motion, it was only approved
by the court.
3. For information.
Provincial Officer
147
FOR : Regional Officer
FROM : Provincial Officer
SUBJECT : Promulgation of Judgment re-Case
DATE :
3. In addition to the following, the accused is also directed to pay the heirs of deceased
P650, 000.00 deceased of the Decision Twelve (12) pages are hereto attached.
5. Information.
BIENVENIDO M MADRIA
Police Inspector
REFERENCES:
148
GLOSSARY
ABDUCTION the elements constituting the crime of abduction are: (1) The person
kidnapped must be a woman. It is immaterial she be a widow, a married woman, or
virgin, of all three classes are comprised within the generic term of woman. (2) The
crime must be committed against her will. (3) it must be committed with unchaste
designs, that is, with the intention of lying with the woman.
ABUSE OF CONFIDENCE Only the abuse of confidence that facilitates the lustful
purpose of rape is kind of abuse of confidence that aggravates the responsibility of the
offender. People v. Ballaran, 51 OG 4112.
ABUSE OF RIGHTS A principle in Civil Law, which holds that indemnity for damages
may be granted in cases where there is an abuse of rights. A person should be
protected only when he acts in the legitimate exercise of his right, that is, when he acts
with prudence and in good faith; but not when he acts with negligence or abuse. Such
principle is found in the Chapter on Human Relations in the Civil Code. Dadivas v.
Smith, Bell & Co. (Phil) 42830-R, July 30, 1974.
Through the principle in Art. 19, Civil Code, he incurs in liability who, acting under the
aegis of a legal right and an apparently valid exercise of the same, oversteps the
bounds or, limitations imposed on the right by equity and good faith thereby causing
damage to another or to society.
The abusive act is simply that which, performed in accordance with a subjective right
whose limits have been respected, is nevertheless contrary to the right considered in
general and as the sum total of all obligatory laws.
There is abuse of right when the right is exercised with the end of damaging another as
well as when damage results when the legitimate motive and normal end of the right is
violated as in the case of an abnormal exercise of the right.
If the purpose is evil or not serious of legitimate, or the manner of exercise of the right is
abnormal and damage is caused to another, then there is an abuse of right for which
damages are recoverable. Manaog v. Filinvest Credit Corporation, CV- 68010,
January 16, 1984.
149
ACCESSORY The accessory of an automobile is any article designed to be used in
connection with such vehicle to add to its utility or ornamentation and which is primarily
adapted for such use whether or not essential to the operation of the vehicle.
ACCESSORY AFTER FACT Elements. Under Art. 19 (1), Rev, Penal code, they are:
1) The accused must not have participated in the criminal design nor cooperated in the
commission of the felony;
2) He must have knowledge of the commission of the crime; and
3) He must have profited by the effects of the crime.
ACCOUNTABLE PUBLIC OFFICER A public officer who has been duly entrusted
with government funds or property.
ACQUITTAL One is acquitted if, after he has been arraigned and trial has been
begun, upon a valid indictment or information, he is discharged by a competent court.
ACT Certiorari. The act contemplated in the law on certiorari is one which creates
some sort of status, i.e., determinative of a certain legal right. A merely threatened act,
or an act which is preliminary and does not determine a legal right, cannot be reviewed
in a certiorari proceeding.
ADMISSION The term admission embraces any statement of fact made by a party
which is against his interest or unfavorable to the conclusion for which he contends or
inconsistent with the facts alleged by him.
ADULTERY A crime committed by a married woman who has sexual intercourse with
a man not her husband and by the man who has carnal knowledge of her, knowing her
to be married, even if the marriage be subsequently declared void.
AGENT OF AUTHORITY Agents of authority are all those persons who by direct
provision of law or by appointment of competent authority are charge with the
maintenance of public order and the protection and security of life and property, as well
as all persons who come to the aid of agents of authority, it being public functionaries
are entitled to be considered as agents of authority, it being understood, nevertheless,
that in order that the persons who come to the id of an agent of authority may be
considered as agents of authority, it is an essential condition that they lend such
assistance, by virtue of an order or request of such agent of authority.
150
AGREEMENT Proposal. A proposal remains an offer even if not answered and
irrespective of the length that passed. It only becomes an agreement when accepted by
the other party. The only exception is where there is a duty on the part of the other party
to answer, and hence silence is implied assent.
ALIBI to establish alibi, a defendant must not only show that he was present at some
other place at about the time of the alleged crime, but also that he was at such other
place for so long a time that it was impossible for him to have been at the place where
the crime was committed, either before, during, or after the time he was at such other
place.
ANSWER The word answer in Sec. 1 Rule 19, Rules of Court, envisions or includes
the affirmative and/or special defenses and counterclaim contained therein.
ARBITRARY DETENTION Arbitrary detention begins not merely from the moment a
person is locked up in prison cell but from the moment such person is deprived of his
liberty without legal grounds. And it ends only when such person is absolutely freed
from any restraint on his person.
ARREST The taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
ASSAULT The term assault in Sec. 87 (b)(2), Judiciary Act, on the original
jurisdiction of Municipal Courts, means physical injuries. It does not refer to the crime of
direct assault in Art.
ATTEMPT Intent, Intent is a quality of the mind and implies a purpose , while attempt
implies an effort to carry that purpose into execution.
BAIL The word bail as used in the prohibition against excessive bail is inadequately
translated by the word fianza, as bail implies a particular kind of bond that is to say, a
bond given to secure the personal liberty of one held in restraint upon a criminal or
quasi criminal charge.
BAND A group of more than three armed malefactors who act together in the
commission of an offense.
BEST EVIDENCE That which suffices for the proof of particular fact. That evidence
which, under every possible circumstance, affords the greatest certainty of the fact in
question and in itself, does not indicate the existence of other and better proof.
BEST EVIDENCE RULE A well known rule of law that a witness cannot be permitted
to give oral testimony as to the contents of a paper writing which can be produced in
court.
151
BAISED WITNESS A witness who tends to exaggerate. Although he may be honest,
he cannot, while human nature remains unchanged, overcome the tendency to distort,
magnify or even minimize as his interest persuades, the incidents which he relates.
BRIBERY Robbery, Bribery and robbery have little in common as regards their
essential elements. In the former the transaction is mutual and voluntary. In the latter
case the transaction is neither mutual nor voluntary but is consummated by the use of
force or intimidation.
BURDEN OF PROOF A party has the burden of proof as to those issues as to which
he has the affirmative, and the plaintiff has the burden of proof as to all the elements of
his claim or cause of action.
CAUSE OF ACTION The term cause of action has two elements: 1) the right of
plaintiff, and 2) the violation of such right by the defendant.
CAUSE OF DEATH A declaration of by what means and by whom the declarant was
injured is within the purview of the term the cause of the declarants death in a dying
declaration. People v. Taan, 25952-R, April 13, 1961.
CLERK OF COURT An officer of a court of justice who has charge of the clerical part
of its business, who keeps its record and seal, issues process, enters judgment and
orders, gives certified copes from the records and the like. While the clerk of court
belongs to the judicial as distinguished from the executive or legislative branch of
government, his office essentially a ministerial one. Lita Enterprises Inc. v Gonzales,
SP-00778, July 26, 1972.
COMMISSION AGENT One specially employed to receive goods from a principal and
to sell them for a compensation called factorage or commission. Salutillo v. Cruz,
31433-R, May 24, 1965.
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COMPLAINT A concise statement of the ultimate facts constituting the plaintiffs
cause of causes of action.
COMPLEX CRIME A single act which constitutes two or more grave or less grave
felonies, or an offense which is a necessary means for committing the order.
The general rule is that the wife has no authority to bind the conjugal partnership,
except: 1) When she acts with the authorization of the husband, as his agent, such as
when he authorized her to sell property of the conjugal partnership or he subsequently
ratifies such sale; 2) When she purchases things necessary for the support of the
family; 3) When the administration of the conjugal partnership has been transferred to
her; and 4) When she gives moderate donations for charity. Piezas v. Catao,
CV03621, January 22, 1986.
CONSPIRACY That which exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
CONTINUING OFFENSE A crime in which some acts material and essential thereto
occur in one province and some in another. For ex., the crimes of estafa or
malversation, and of abduction. In such a case the court of either province where any of
the essential ingredients of the offense took place has jurisdiction to try the case.
CONTRABAND A generic term covering all goods exporter from or imported into the
country contrary to applicable statutes.
CORPUS DELICTI Corpus delicti is not exactly the dead body in a case of homicide,
for example, or the stolen thing is a theft or robbery. Corpus delicti is the proof of the
killing in one case, and of the stealing in the other.
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CORROBORATIVE EVIDENCE Additional evidence of a different kind and character
tending to prove the same point.
CRIMINAL JURISDICTION The authority to hear and try a particular offense and
impose the punishment for it.
CRIMINAL LAW One that defines crime, treats of their nature and provides for their
punishment. Punishment, in this sense, refers strictly to the penalty imposed.
CRIMINAL LIABILITY Requisites. Under Art. 4 par. 1 RPC, a person may be held
criminally liable even if the injurious result be greater than that intended, provided these
requisites concur: 1) an international felony has been committed; and 2) the wrong done
to the victim be the direct, natural, and logical consequence of the felony committed.
CUSTODIA LEGIS A thing is in custodia legis when it is shown that it has been and is
subjected to the official custody of a judicial executive officer in pursuance of his
execution of a legal writ.
DECEDENT The general term applied to the person whose property is transmitted
through succession, whether or not he lift a will.
DOUBLE JEOPARDY The rule of double jeopardy means that when a person is
charged with an offense and the case is terminated either by acquittal or conviction or in
any other manner without the consent of the accused, the latter cannot again be
charged with the same or identical offense. This principle is founded upon the law of
reason, justice and conscience. It is embodied in the maxim of the civil law nom bis in
idem, in the common law of England, and undoubtedly in every system of jurisprudence,
and instead of having specific origin it simply always existed. It found expression in the
Spanish law and in the Constitution of the United States, and is now embodied in our
own Constitution as one of the fundamental rights of the citizens.
DUE PROCESS OF LAW The requirement that no person shall be held to answer for
a criminal offense without due process of law simply requires that the procedures fully
protects the life, liberty, and property of the citizens in the State, then it will be held to be
due process of law.
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be competent as a witness; and 4) the declaration must be offered in a criminal case for
homicide, murder, or parricide in which the declarant was the victim.
FORUM SHOPPING The act of filling the same suit in different courts. It is an act of
malpractice that is proscribed and condemned as trifling with the courts and abusing
their processes. It is improper conduct that tends to degrade the administration of
justice.
FUNCTUS OFICIO Legally defunct. Something which once has had life and power,
but which has become of no virtue whatsoever.
GRAVEAMEN In Civil law and as used and understood in ordinary legal parlance, a
lien and /or encumbrance is synonymous with gravemen
GRAVE ABUSE OF CONFIDENCE The term grave abuse of confidence in Art 310
of RPC, on qualified theft, refers to a breach of the high degree of confidence reposed
by the offended party upon the offender by reason of dependence, guardianship, or
vigilance.
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GRAVE ABUSE OF DISCRETION Error of judgment. Both differ in that grave abuse
of discretion means capricious and arbitrary exercise of judgment while error of
judgment means the mistakes actually committed in adjudication.
HABEAS CORPUS The writ of habeas corpus is the means by which judicial inquiry
is made into the alleged encroachments upon the political and natural rights of
individuals, such as restraint of liberty.
IN PARI DELICTOR The principle of in pari delicto does not apply to a simulated or
fictitious contact nor to a inexistent contract which is devoid of consideration, and an
illegal purpose cannot supply the want of consideration.
JURISDICTION The word jurisdiction as used in the Constitution and statues means
jurisdiction over the subject matter only, unless an exception arises by reasons of its
employment in a broader sense.
JURISPRUDENCE The groundwork of the written law. The science of law; the
particular science of giving a wise interpretation to the laws and making a just
application of them to all cases as they arise. In an untechnical sense, the term means
sometimes Cases Law.
LASCIVIOUSNESS The term lasciviousness in Art 336, RPC. Comprises all acts of
lasciviousness performed upon a person of either sex short of lying with a woman and
anything leading up to it, independently of the intention of the wrongdoer.
LAST CLEAR CHANCE A doctrine that a person who has the last clear change to
void the impending harm and fails to do so is chargeable with the consequences,
without reference to the prior negligence of the other party.
MALA IN SE Mala prohibita. In acts mala in se, the intent governs but in those mala
prohibita, the only inquiry is, has the law been violated?
MALA PROHIBITA Mala prohibita. In acts male se, the intent governs but in those
mala prohibita, the only inquiry is, has the law been violated?
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MOOT CASE A case is considered as presenting a moot question when a judgment
thereon cannot have any practical legal effect or, in the nature of things, cannot be
enforced.
MORAL CERTAINTY A certainly that convinces and satisfies the reasons and
conscience of those who are to act upon a given matter.
MOTION Motions are various kinds and may be classified as litigated, exparte,
special, or a motion of course.
NEGATIVE EVIDENCE Evidence is negative when the witness states that he did not
see or know the occurrence of a fact.
NOMINAL PARTY One who is joined as plaintiff or defendant, not because he has
any real interest in the subject-matter or because any relief is demanded as against
him, but merely because the technical rules of pleading require his presence on the
record.
OCCULAR INSPECTION An auxiliary remedy which the law affords the parties or the
court to reach an enlightened determination of the case, either to clear a doubt, to reach
a conclusion, or to find the truth, by viewing the object related to the fact in issue.
Delima v Reyes, 01538 SP, August 6, 1973.
OFFENDED PARTY In oral defamation or libel, the offended party referred to in par.
4 Art 360, RPC, and in Sec 4, Rule 110, Rules of Court, is the person appearing to have
been defamed, discredited, damaged and prejudiced by the imputation made. Ponce
v Bautista, 03239-SP, October 29, 1976.
The offender party who intervenes in a criminal action, under Sec 15 Rule 110, Rules
of Court, is the person who is entitled to civil indemnity in the civil action arising out of
the criminal act for which the accused is charged. People v. Ubusan, 75 OG 8114.
ONUS PROBANDI The obligation imposed upon a party who alleges the existence of
a fact or thing necessary in the prosecution of defense of an action, to establish its
proof. The obligation imposed by law on a party to the litigation to persuade the court
that he is entitled to relief. If no evidence is presented on a particular issue, the party
having the burden of proof as to issue will lose, and if that issue is terminative of the
cause of action, he will lose the litigation.
OPINION The opinion of the Court is that portion of the judgment containing the
findings of facts and the conclusions of law.
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PARENS PATRIAE Parent or guardian of the country. The states as a sovereign, as
parent partriae, has the right to enforce all charities of a public nature, by virtue of its
general superintending authority over th public interest, where no other person in
entrusted with it. A prerogative, inherent in the supreme power of every State, to be
exercised in the interest of humanity, and for he prevention of injury to those who
cannot protect themselves.
PAROL EVIDECE Requisites. For the admissibility of parol evidence of the ground of
mistake or imperfection of the writing, the following requisites must concur;
1) the mistake should be of fact;
2) the mistake should be mutual or common to both parties to the instrument;
and
3) the mistake should be alleged and proved by clear and convincing evidence.
PROXIMATE CAUSE The proximate cause of an injury is the one which produces the
injury either directly or thru other causes which it sets in motion and thru which it acts in
a natural line of causation.
QUESTION OF FACT There is a question of fact when the doubt of difference arises
as to the truth or falsehood of alleged facts, or when it involves an examination of the
probative value of the evidence presented by the litigants or any of them.
QUESTION OF LAW There is a question of law in a given case when the doubt or
difference arise as to what the law is on a certain state of facts.
REASONABLE DOUBT A reasonable doubt is not a mere guess that defendant may
or may not guilty, it is such a doubt as a reasonable man might entertain after a fair
review and consideration of the evidence.
RES IPSA LOQUITUR The doctrine f ores ipsa loquitur applies only when the facts
and circumstances of the accident do not appear in the record. The doctrine, being a
rule of necessity, must be invoked only where the evidence is absent and not readily
available. Nor is it applicable where the cause of the accident is unknown.
115. SERVICE OF SUMMONS A notice to the defendant informing him that an action
has been commenced against him which he must answer within specified time, or else
judgment with be taken against him. It is the means by which the defendant is afforded
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an opportunity, and rights, and thereby have them safe in the defense of his person,
property, and rights, and thereby have them safe guarded. The principal object of this
process is to give the party to whom it is addressed a notice of proceedings against him
Cloma v. Moya, SP-01048, June 14, 1972.
SPIRIT OF THE LAW The intent and purpose of the lawmaker, or framer of the
Constitution, as determined by a consideration for the whole context thereof- and,
hence, of the letter of the law, in its entirety-and the circumstances surrounding its
enactment.
VENUE Venues deals on the locality, the place where the suit may be had, while
jurisdiction treats of the power of the court to decide the case on the merits.
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VOLUNTARY SURRENDER A surrender to be voluntary, as mitigating circumstances
in criminal law, must be spontaneous, showing the intent of the accused to submit
himself unconditionally to the authorities.
WAIVER The doctrine of waiver, from its nature, applies ordinarily to all rights of
privileges to which a person is legally entitled, provided such rights or privileges belong
to the individual and are intended solely for his benefit.
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