B. Cdi Terminologies PDF

CSC-Antipolo City Pride/What Criminologist Knows?
/2016
What Criminologist Knows?

CRIME DETECTION AND
INVESTIGATION
Culled by: Charlemagne James P. Ramos R.C., J.D.
FUNDAMENTALS OF CRIMINAL
INVESTIGATION
(BASIC CONCEPTS PART I)
1 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

J.D./2016
CSC-Antipolo City Pride/What Criminologist Knows?/2016
WHAT CRIMINOLOGIST KNOWS?

FUNDAMENTAL TO CRIMINAL INVESTIGATION
Criminal Investigation Defined

 Criminal Investigation is an art which deals with the identity and location of the offender
and provides evidence of his guilt through criminal proceedings. Inasmuch as it is not a
science , it is not governed by rigid rules of laws but most often, it is governed by intuition,
felicity of inspiration and to a minor extent by chance.
 What is the exception to the general rule that a criminal investigation is not a science but an
art. The exception to the general rule, perhaps in the 1987 Constitution which states among
other things, that an arrested person under custodial investigation is afforded with the three
Constitutional rights:
* The right to remain silent
* The right to counsel
* The right to be informed of the nature and the cause of the accusation.
What is the legal consequence if an arrested person under custodial investigation is
deprived of the afore stated constitutional rights?
 Any testimony of statement taken from the arrested person who is deprived of the three
constitutional rights would be inadmissible as evidence in the Courts of Justice.
 On the other hand, the investigator may be held criminally liable for the violation of law.
Criminal Investigator Defined
 A Criminal Investigator is a person who is charged with the duty of carrying on the
objectives of criminal investigation, e.g. to identify and locate the guilty and provide
evidence of his guilt.
What are the five qualities of a good investigator?
 The ability to persevere or stick to task in spite of the monotony and the many obstacles
which surrounds it.
 He must have certain abilities and an intelligence which would enable him to acquire
information easily and readily and to use this information truthfully. He should have the
capacity to think through situations. The investigator must be intelligent as the offender.
 He must be honest. He must be incorruptible and must possess personal integrity. The
investigator will be subjected to all kinds of temptations: physical, emotional and material.
 He must have an understanding of the people and the environment in which he lives. He
must know the weakness and the strength of the people, so that he can use them to his
advantage, particularly during interrogation. A knowledge of the psychology of human
behaviors is essential to the investigator. He should be aware of the factors of the social
pattern that contributes to the kinds of behaviors exhibited by the individual.
 He must a keen power of observations and accurate description. Observation implies a
clear mental picture of what is seen. It requires a seeing detail, a study of detail, and a
recognition that the whole picture is composed of many details. A good investigator must
observe them accurately and completely. He must train himself to observe and perceive
persons, place, things, and incidents as they really are. He must be trained to estimate the
passage of time, speed, and distance; to recognize colors; to distinguish between varying
degrees of light; to estimate age; height and weight.
 He must be trained to see and record facts and must practice observing and recording facts,
observation without the complimentary ability of description is valueless in investigation
work. The investigator must learn to describe what is observed. The accurate and all
inclusive observation by the individual is meaningless to all even to himself unless he can tell
clearly and precisely what was seen.
The interviewer’s Personal Traits:
1. He must be a practical psychologist who understands the human psyche and behaviour.
2. He has a sincere interest in people. People who are reclusive generally are not good
interviewers.
3. He is calm, has self-discipline, and keeps his temper.
4. He is courteous, decent and sensitive.
5. He is self-assured and professional. He is tactful,

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6. He is cordial and agreeable, and never officious. But he should avoid over familiarity.
7. He is forceful, persistent and patient.
8. He is analytical.
9. He is flexible and cautious.
10. He is a good actor and can conceal his own emotional
11. He avoids third degree tactics and never deviates from the fundamental principle that a
person must be treated according to humanitarian and legal precepts.
12. He keeps the roles of evidence in mind.
 SUSPECT OR SUSPECTS- an individual who is/ are pointed to be by the victim and
witnesses to have had committed the crime.
 Subject person is not considered a criminal unless otherwise the honorable court will
pronounce in court his/her conviction.
 CRIME SCENE- a venue or place where the alleged crime/ incident/ event has been
committed.
 CRIME SCENE SKETCH- a drawn overlay of the crime scene indicating the position or
exact location where the body of the victim lie is/ found including the physical evidence.
Likewise it is the complete description of the crime scene with complete measurement and
scale. Sketch or sketches are substitutes to notes and photos and are only supplatory to both.
 INTERVIEW – a simple inquiry/ conversation type elicitation of information(s) from a
willing victim/ witness relevant to a certain crime/ incident/ event under investigation.
 INFORMATION- data gathered by an investigator from other persons including but not
limited to both the suspect and the victims , and from 1) Public records ;2) private records;
and 3) modus operandi file.
 INTERROGATION- skilful questioning of hostile witness & suspects.
 INSTRUMENTATION- scientific examination of real evidence; application of instrument
and other scientific aids or methods of the physical sciences in detecting crime.
PURPOSE OF CRIMINAL INVESTIGATION

1. To know the crime; its element and circumstances; identity of the victim, the suspects and
witnesses and secure physical evidence.
2. To know the truth;
3. To know the motive
Seven (7) factors responsible for the inaccuracy of recollecting what has been observed.
- Addition of details which were not in the original picture.
- Some items may be dropped from one observation and other items from a different
observation may be integrated by means of substitution.
- Recollection is subject to transposition in time, sequence and arrangement of details
- Focused attention. Some persons, by training will note only certain details and overlook
others. They see only one thing and are oblivious to the rest.
- Transmission of information leads to in accuracy. Words are used to convey description. We
all have difficulty in translating observation into such language as will actually convey our
picture. Mistakes due to communication are laid on the speaker and the listener.
- Incompleteness or simplification. Too much simplification may lead to omission of details
which may in the future be essential in the investigation.
- Too much self confidence in their recall. An investigation may relay too much on his
memory of what has been observed and described through memory, but the recollection may
not be vivid and actual.
What are the Golden Rules to be observed by the Investigator upon arrival at the scene of
the crime?
- Identify and if possible, retain for questioning the person who first notified the police;
Determine the perpetrator by direct inquiry or observe him, if his identity is immediate
apparent;
- Detain all persons present at the scene;

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- Summon assistance, if necessary;

- Safeguard the area by issuing appropriate orders and by physically isolating it;
- Subsequently, permit only authorized persons to enter the area;
- Separate the witnesses in order to obtain independent statements;
- Do not touch or move any object;
- Definitely assign the duties of the search if assistants are present.
One of the Golden Rule is “Do not touch or move any object”; what should then be the
primary job of an investigator before applying this rule?
a) If the victim is still alive, the investigator should try to gather or acquire information from
the victim himself with regard to the surrounding circumstances of the crime, while calling
for assistance for an ambulance from the nearest hospital.
b) Then Measure, sketch and photograph the crime scene immediately after the victim is
removed and brought to the hospital for medical attendance;
c) If the victim is dead, the body should be removed only after the crime scene is measured,
sketched, and photographed.
Assignment of duties
If there are many investigators assigned to form a team, the following arrangement is
recommended to insure maximum effectiveness:
1. Officer-in-charge – one who directs the search, assigns duties, and assumes responsibility
for the effectiveness of the search.
2. Assistant – he must implement the orders of the OIC.
3. Photographer- photographs the crime scene and individual pieces of evidence.
4. Sketcher – makes a rough sketch of the scene given and later a finished sketch.
5. Master Note-taker- writes down in short hand and the observations and descriptions during
the search.
6. Measurer- he makes overall measurements of the scene.
7. Evidence man- one who gather, collect and preserve the evidence.
Modes of Investigation
 Reactive response- addresses crimes that have already occurred.
 Proactive response - To anticipate criminal activity; investigation is conducted before
the crime is committed; the suspect is identified before committing a crime.
 Preventive response - prevention through deterrence is sometimes achieved by arresting
the criminal and by aggressive prosecution.
PURPOSE OF CRIMINAL INVESTIGATION

1. To know the crime; its element and circumstances; identity of the victim, the suspects and
witnesses and secure physical evidence.
2. To know the truth
3. To know the motive
TOOLS OF CRIMINAL INVESTIGATION

- Information
- Interview and interrogation
- Instrumentation
PHASES OF CRIMINAL INVESTIGATION

The main objective of police investigator is to gather all facts in order to identify the criminal
through:
a. Confession is a direct acknowledgement of the truth of the guilty fact as charged or of some
essential part of the commission of the criminal act itself.
What do you understand by the voluntariness of the confession?

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1. The statement obtained by urging or request was a spontaneous or self-induced utterance of

the accused.
2. The statement was obtained without coercion and free from any force or intimidation.
3. The statement was obtained during an official investigation after the accuse was informed
of the nature of the offense, of the fact that he need not make a statement, and of the fact the
evidence can be used against him at a trial.
Effects of CONFESSION
a. May be given in evidence against him in the investigation or trial of the offense with
which he is charge.
b. May be given to prove the guilt of his companions but it will pass lots of court
argumentation and deliberations.
TYPES OF CONFESSION
1. Judicial confession- confession done in the court.
2. Non- judicial confession or extra- judicial confession- called “out of court’, this kind of
confession is inadmissible in court unless corroborated by proof of corpus delicti.
b. Eyewitness testimony
c. Circumstantial evidence - is identification established indirectly by proving other facts or
circumstances from which, either alone or in connection with other facts, the identity of the
perpetrator that can be inferred.
When may circumstantial evidence be sufficient to produce conviction?

a. When there are more than one circumstances
b. When the facts from which the inferences derived are proven.
c. When the combination of all circumstances is such as to produce a conviction beyond a
reasonable doubt.
d. Associative evidence-are the physical evidence which may identify the criminal by means of
clues, personal properties, or the characteristics patterns of procedure deduced from the
arrangement of objects at the scene.
Terms Encountered in Investigation:
Chain of Custody
- Refers to the number of persons who handle evidence between the time of commission of the
alleged offense and the ultimate disposition of the case should be kept to a minimum. Each
transfer of evidence should be receipted. The recipient of the evidence shall accountable for
it during the time it is in his possession. He must protect it and he must record the name of
the person from whom he received it and also to whom it was delivered.
Admission
 is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt.
It is a acknowledgement of a fact or circumstances from which guilt maybe inferred.
 It implicates but does not incriminate. Coupled with circumstances such as the existence of
a motive, the admission may provide an inference of guilt.
MODUS OPERANDI
 Means the method of operation. The modus operandi file enables the investigators to
recognize a pattern of criminal behaviour, to associate a group of crime with a single
perpetrator to enable them to predict, approximately, the next target of the criminal, and to
assist complaints, eyewitnesses and investigators to recognize the perpetrator by means of
the recorded information concerning the characteristics of his criminal activities.
Distinguish Motive from Intent

 Motive is that which induces the criminal to act.

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 The motive may be the desire to obtain revenge or personal gain. Intent on the other hand, is
the accomplishment of the act. Motive need not be shown in order to obtain conviction, but
intent must always be proved where it is an element of the offence. In some crimes, intent is
an essential element, while in others, it is merely necessary to show that the accused is
aware of the consequences of his acts.
The Dying Declaration

Statement as to the cause of his death, made by a person who has been physically injured
at the hands of another, and who has given up all hope of recovery and who subsequently dies of
such injury.
Methods of Search
1. Strip Method - The searchers (A,B, & C) proceed slowly at the same pace along the path
parallel to one side of the rectangle. At the end of the rectangle, they turn and proceed back
along new lanes but parallel to the first movement.
2. Double strip method - the rectangle is traversed first parallel to the based and then parallel to
the side.
3. Spiral Method - The searchers follow each other in the path of a spiral, beginning in the
outside and spiraling in towards the center.
4. Zone Method - The area to be searched is divided into quadrants and each searcher is
assigned to one quadrant
5. Wheel Method - The searcher gathers at the center and proceed outward along the radii or
spokes.
The principal drawback of this method is that the distance between searchers increases as
they depart from the center. The investigator must see to it that the search made with the
employment of any of the above methods must be thorough. The discovery of any physical
evidence in the course of search must be collected and preserve without specific regard of their
relation to the crime.
CRIME SCENE SKETCH

SKETCH - A graphical representation of the crime scene.
Crime Scene Sketch

The crime scene sketch is an invaluable aid in recording investigative data. It is a permanent
record that provides supplemental information that is not easily accomplished with the exclusive
use of crime scene photographs and notes.
A crime scene sketch depicts the overall layout of a location and the relationship of
evidentiary items to the surroundings.
It can show the path a suspect or victim took and the distances involved. It can be used when
questioning suspects and witnesses. During trial, the crime scene diagram correlates the
testimony of witnesses and serves as a tool for relaying reference and orientation points to the
prosecutor, judge and jury.
I. Sketching the Crime Scene. Before beginning a sketch, obtain a comprehensive view of the
scene. Determine the sketch limits – decide what to include and what to exclude. If the scene
is complicated, a number of sketches may be necessary for adequate documentation.
Types of Sketches
A. Overview sketch - consists of a bird’s-eye-view or floor plan sketch of the scene. This is the
most common type of sketch and consists of items on the horizontal plane.
B. Elevation sketch - portrays a vertical plane rather than a horizontal plane. Examples include
bloodstain patterns on vertical surfaces such as walls or cabinetry and bullet holes through
windows.

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C. Exploded view or cross-projection sketch - consists of a combination of the first two

sketches. It is similar to a floor plan except the walls have been laid out flat and objects on
them have been shown in their relative positions .
D. Perspective sketch – depicts the scene or item of interest in three dimensions. It is the most
difficult sketch to create and requires some artistic skill .
KINDS OF SKETCH:
1. ROUGH SKETCH
2. FINISH SKETCH
Three (3) Tools or I’s in Criminal Investigation

1. Information - is the knowledge which the investigator gathered and acquired from other
persons.
2 kinds of information:
a) Information acquired from regular sources;
b) Information which the experienced investigator gathers from cultivate sources.
2. Interrogation - is the process of questioning witnesses and suspects to obtain further
information. The effectiveness of interrogation depends on the craft, logic and psychological
insight of the interrogator in interpreting the information relevant to the case.
Purpose of Interrogation
1. To obtain information concerning the innocence or guilt of a suspect.
2. To obtain confession to the crime from a guilty suspect.
3. To induce the suspect to make admission
4. To know the surrounding circumstances of a crime.
5. To learn of the existence and location of physical evidence such as documents or weapons.
6. To learn the identity of accomplices.
7. To develop information which will lead to the fruits of the crime?
8. To develop additional leads for the investigation.
9. To discover the details of any other crime in which the suspect participated.
10. In proving the guilt 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 guilt will depend on the establishment of the essential elements of
the crime. The investigator must know by heart the elements of specific crime.
Differentiate Interrogation from Interview

a) Interview – may be used to mean the simple questioning of a person who is cooperating
with the investigator;
b) Interrogation – is the vigorous questioning of one who is reluctant to divulge information.
3. Instrumentation - the application of instruments and methods of physical science to the

detection of crime. It is the application of physics, chemistry, biology in crime detection. It is
the sum total of the application of all sciences in crime detection otherwise known as
criminalistics although instrumentation means more than criminalistics because it includes
also the technical methods by which the fugitives may be traced and examined.
QUALIFICATION OF AN INVESTIGATOR:
1. Rapport – good relationship between interviewer and the subject.
2. Forceful Personality- the interviewer may induce trust and confidence by the strength of his
character.
3. Breadth of interest- it is necessary for the interviewer and the subject to develop a meeting
ground or interest.
4. Qualities of a salesman- an actor, and a psychologist must possess insight, intelligence and
persuasiveness.
STAGES OF AN INTERVIEW BY AN INVESTIGATOR:

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a. Preparation- mentally review the case and consider what information the subject can
contribute.
b. Approach – on the first meeting with the subject investigator must identify himself.
c. Warming up- preliminary subject matter of conversation should be focused to warm-up the
atmosphere to promote cordiality and trust.
d. Questioning- investigator should start questioning on points he wants to illicit.
e. Guiding the conversation- investigation has to control the proceedings to have a complete
information.
f. Corroboration- information from the witness must be correlated with those obtained from
others.
g. Inaccuracies- questionable points should treated repeatedly by additional questions.
h. Techniques of questioning- questions should only be asked when the person appears
prepared to give the desired information in accurate fashion.
DIFFERENT TYPE OF SUBJECTS:

1. Know Nothing type- these are persons who are reluctant to become witness and particularly
true among uneducated people.
2. Disinterested type- uncooperative, indifferent persons. They should be flattered to develop
pride in their ability to supply information.
3. Drunken type- flattery will encourage the drunk to answer questions said develop interest.
4. Suspicious type- fear must be removed and the investigator should apply psychological
pressure.
5. Talkative type- investigator must find ways and means to shift his talkativeness to those
matters useful in the investigation.
6. Honest type- Honesty and cooperative persons will be an ideal witnesses with little care and
guidance.
7. Deceitful type- these persons should be permitted to until he is enmeshed with falsehood
and inaccuracies.
8. Timid type- investigator employs friendly approach and explains on formation given will be
treated as confidential.
9. Boasting, Egoistic, or Egocentric type- patience and flattery are necessary for they will be
good witnesses because of their drive for self- expression.
10. Refusal to talk type- most difficult, but investigator must persevere neutral topics must first
be taken.
THE TECHNIQUES OF INTERRROGATION:

a. EMOTIONAL APPEAL- This is a technique where the investigator, combining his skills of
an actor and a psychologist, addresses the suspect with an emotional appeal to confess.
b. SYMPHATETIC APPROACH- The investigator, in his preliminary or probing questions
must dig deep into the past troubles, plight and unfortunate events in the life of the suspect.
c. FRIENDLINESS- A friendly approach coupled with a posture of sincerity induce the
suspect to confess.
d. TRICKS AND BLUFFS-
1) The pretense of Solid Evidence against the accused
2) The Weakest Link
3) Drama
4) Feigning Contact with Family members
5) Many more tricks and bluffs depending upon the imagination of the investigator in
each particular situation.
6) The Line-up
7) Reverse Line –up
e. STERN APPROACH- the investigator displays a stern personality towards the suspect by
using the following method:
1) PRETENSE OF PHYSICAL EVIDENCE
2) JOLTING
3) INDIFFERENCE

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4) FEIGNING PROTECTION AND CONSIDERATION

5) OPPURTUNITY TO LIE
f. THE MUTT AND JEFF or SWEET AND SOUR METHOD- the first set of investigators
must appear to be rough, mean and dangerous. The second investigator intervenes by
stopping the first set of investigators by being sympathetic and understanding.
g. REMOVING THE ETHNIC OR CULTURAL BARRIER- If the suspect is an Ilocano, he
should be interrogated by an Ilocano investigator and the same with other ethnic or cultural
groups.
h. SEARCHING FOR THE SOFT SPOT- In every man`s heart, there is always that softest
spot.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

a. RATIONALIZATION - IT is the use of reasons, which is acceptable to the subject that led to
the commission of the crime.
b. PROJECTION - It is the process of putting the blame of other persons, not alone to the
suspect.
c. MINIMIZATION - It is the act of minimizing the culpability of the suspect.
PHYISCAL SIGNS OF DECEPTIONS

a. SWEATING - Profuse sweating indicates tension, anxiety, shock or fear. Extreme
nervousness is also the cause of sweating.
b. COLOR CHANGE - Anger is indicated if the face is blushed. It is also the result of extreme
nervousness or embarrassment.
c. DRY MOUTH - This is a sign of great tension and is a reliable symptom of deception.
d. BREATHING - An effort to control breathing during the critical questioning is an indication
of deception. Gasping of breath is the ultimate result of the control in breathing.
e. PULSE - When observed at the sides of the neck, the investigator will discover the increase
in pulse beat which is indicative of deception.
f. AVOIDANCE OF DIRECT EYE CONTACT - This may indicate guilt or deception. Misty or
tears eyes indicate remorse or repentance.
SURVEILLANCE AND UNDERCOVER OPERATIONS:

1. SURVEILLANCE - It is the observation of persons, places, and vehicles for the purpose
of obtaining information concerning the identities of criminals and their activities.
2. SURVEILLANT defined- The surveillant is the person who conducts the surveillance or
performs the observations.
3. SUBJECT- The person, place or vehicle being observed by the surveillant.
THE KINDS OF SURVEILLANCE

a. Surveillance of places
b. Tailing or Shadowing
c. Undercover investigation or “ Roping”
TYPES OF SURVEILLANCE:
1. COVERT Surveillance- when the subject is not aware that he is being observed.
2. OVERT Surveillance – When the subject is aware that he is being tailed.
THE PURPOSE OF SURVEILLANCE:

a. To get information on criminal activities as a basis for future raid.
b. To discover the identities of persons frequenting the place to establish their criminal
activities.
c. To obtain evidence of a crime or to prevent commission thereof by arrest or raid.
d. To establish legal grounds for the application of a Search Warrant.
e. To arrest the criminal in flagrante delicto.
OTHER TYPES OF SURVEILLANCE:

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1. Fixed Surveillance- watching a house or building

2. Moving surveillance- on foot or by motor vehicle.
SHADOWING or TAILING- It is the act of shadowing, tailing or following a person or

persons.
PURPOSE OF FOOT SURVEILLANCE:

1. To detect pieces of evidence of criminal activities.
2. To establish the associates of the subject.
3. To establish places frequented by the subject and his place of operation or temporary
residence.
4. To locate a wanted person, or a missing person
5. To protect witnesses or complaints.
6. As part of background investigation of a certain person a lawful cause in promotion,
appointment or award.
7. As a form of loyalty check for suspected employees in cahoots with criminals or shady
characters.
THE METHODS OF FOOT SURVEILLANCE:

a. ONE MAN SHADOW – It is conducted by one man alone in shadowing a subject.
b. TWO MAN SHADOW- this is easier for the surveillants to fully cover the subject. The
method allows the exchange of the positions of the shadowers in order to avoid discovery.
c. THREE MAN SHADOWER or ABC TECHNIQUE OF SHADOWING- this
method pre arranged signals are encouraged.
TACTICS AND TECHNIQUES OF SHADOWING

a. TURNING CORNERS
b. ENTERING A BUILDING
c. RIDING A BUS
d. RIDING A TAXI
e. RIDING A TRAIN
f. INSIDE A RESTAURANT
g. IN A HOTEL
h. TELEPHONE BOOTH
i. IN A THEATER
j. INSIDE A PRIVATE HOUSE
k. INSIDE A SMALL PRIVATE OR PUBLIC OFFICE
COMMON TRICKS OF SUBJECT:

a. TEST FORT AILING - when the subject is conscious that he is being tailed while about to
board a public conveyance, is to jump off the vehicle.
b. USE OF CONVOY - The subject employs other partners to detect if he is being tailed.
UNDERCOVER OPERATION -Defined it is a police operation wherein the investigator

assumes a fictitious in order to infiltrate the ranks of the criminals for the purpose of obtaining
information. This is only resorted to as a final option if no other effective means of obtaining
information is available. It is a last resort because of the risk involved which may cause the
loss of life or limb of the investigator. This is called “ Roping”.
PURPOSE OF UNDERCOVER OPERATION:

a. Gathering evidence
b. Gathering Information
c. Counter Intelligence
d. Installation of Surveillance equipment
e. Loyalty check
f. Penetrating Subversive organization

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g. Basis for a successful raid
MEANS OF CONTACT WITH HEADQUARTERS

a. TELEPHONE – Utmost secrecy must be the guidelines in calling headquarters.
b. CODED MESSAGES - the coded messages should be written in inconspicuous writing
materials. This messages should be placed secretly in the drop boxes such as trashcans for the
collection of the supporting agent.
c. SECRET MEETINGS - They are pre-arranged to pass important and vital messages which
should be immediately acted upon.
METHOD OF TRACING AND LOCATING CRIMINAL

a. By INFROMERS
b. By INFORMANTS
c. GRAPEVINE SOURCES
d. TAILING
THE INVESTIGATIVE PROCESS

Begin with the acquisition of the initial information which the investigation is based or
predicated. I t ends when the last piece of physical, testimonial or directly observed data has been
collected.
The steps follow that of the systematic approach to investigation:
1. Define the Investigation – why this investigation being conducted?
a. Reason for the investigation- why this investigation being conducted?
b. What particular phase or elements of this investigation have assigned to the investigator?
c. Whether the investigation is to be handled directly or discreetly.
d. Clarify the priority and the suppose date assigned to the investigation.
e. Look for the origin of information.
2. Collection of relevant date- prepare and investigation planning represent guide for work
covering three(3) aspects of investigation:
a. Information needed
b. Method to be used in gathering information
IN SUMMING UP, THE FOLLOWING TASKS WILL BE A GOOD GUIDE FOR

THE INVESTIGATOR`S FOR SUCCESSFUL CRIMINAL INVERSTIGATION:
1. Recording; ( recording of pertinent facts & details upon arrival at the crime scene)
2. Searching for Physical evidence;
3. Collection of evidence; ( includes photographing and sketching)
4. Removing or removal of evidence;
5. Tagging of evidence;
6. Evaluation of evidence
7. Releasing of evidence
IMPORTANT TERMS:
1. CRIMINAL INVESTIGATOR- is a person who is charged with the duty of carrying on the
objectives of criminal investigation, e.g. to identify and locate the guilty and provide evidence
of his guilt.
2. CRIMINAL INVESTIGATION- is an art which deals with the identity and location of the
offender and provides evidence of his guilt through criminal proceedings.
3. SUSPECT OR SUSPECTS- an individual who is/ are pointed to be by the victim and
witnesses to have had committed the crime. Subject person is not considered a criminal
unless otherwise the honorable court will pronounce in court his/her conviction.
4.CRIME SCENE- a venue or place where the alleged crime/ incident/ event has been
committed.
5.CRIME SCENE SKETCH- a drawn overlay of the crime scene indicating the position or
exact location where the body of the victim lie is/ found including the physical evidence.

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6.INTERVIEW – a simple inquiry/ conversation type elicitation of information(s) from a

willing victim/ witness relevant to a certain crime/ incident/ event under investigation.
7.INFORMATION- data gathered by an investigator from other persons including but not
limited to both the suspect and the victims
8.INTERROGATION- skilful questioning of hostile witness & suspects.
9.INSTRUMENTATION- scientific examination of real evidence; application of instrument
and other scientific aids or methods of the physical sciences in detecting crime.
10.REACTIVE RESPONSE- addresses crimes that have already occurred.
11.PROACTIVE RESPONSE- to anticipate criminal activity; investigation is conducted before
the crime is committed; the suspect is identified before committing a crime.
12. PREVENTIVE RESPONSE- prevention through deterrence is sometimes achieved by
arresting the criminal and by aggressive prosecution.
13.CONFESSION- is a direct acknowledgement of the truth of the guilty fact as charged or of
some essential part of the commission of the criminal act itself.
14.CIRCUMSTANCIAL EVIDENCE-is identification established indirectly by proving other
facts or circumstances from which, either alone or in connection with other facts, the identity
of the perpetrator that can be inferred.
15.ASSOCIATIVE EVIDENCE-are the physical evidence which may identify the criminal by
means of clues, personal properties, or the characteristics patterns of procedure deduced from
the arrangement of objects at the scene.
16.ADMISSION-is a self-incriminatory statement by the subject falling short of an
acknowledgement of guilt.
17.SURVEILLANCE - It is the observation of persons, places, and vehicles for the purpose of
obtaining information concerning the identities of criminals and their activities.
18.SURVEILLANT - The surveillant is the person who conducts the surveillance or performs
the observations.
19.SUBJECT- The person, place or vehicle being observed by the surveillant.
20.COVERT Surveillance- when the subject is not aware that he is being observed.
21. OVERT Surveillance – When the subject is aware that he is being tailed.
22.SHADOWING or TAILING- It is the act of shadowing, tailing or following a person or
persons.
23.UNDERCOVER OPERATION
- it is a police operation wherein the investigator assumes a fictitious in order to infiltrate the
ranks of the criminals for the purpose of obtaining information
24. INFORMANTS- is a person who provides privileged information about a person or
organization to an agency. The term is usually used within the law enforcement world, where
they are officially known as confidential or criminal informants (CI), and can often refer
pejoratively to the supply of information without the consent of the other parties with the
intent of malicious, personal or financial gain.
25.
INFORMER- is a person who gives an information with reward , money or a gift.
26.MOTIVE - is that which induces the criminal to act.
27.INTENT - is the accomplishment of the act.

J.D./2016

CRIME DETECTION AND
INVESTIGATION
FUNDAMENTALS OF CRIMINAL
INVESTIGATION
(BASIC CONCEPTS PART II)
1 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C., J.D./2016


FUNDAMENTAL TO CRIMINAL INVESTIGATION
BASIC CONCEPTS
Criminal Investigation- is an art that deals with the identity and location of the offender and prove his
guilt in a criminal proceeding.
Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The
logic of scientific method must however, be supplemented by the investigator's initiative and
resourcefulness. The sequences of the investigation should be regarded by scientific, operating
framework that requires improvising on the part of the investigator.
Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science
– based on adequate professional preparation and abundance of certain qualities
Investigator- is the person who is charged with the duty of carrying out the objectives of criminal
investigation. He is an individual who gathers documents and evaluates facts about crime
Special Crime Investigation- deals with the study of major crimes based on the application of special
investigative techniques. It is also the study concentrates more on physical evidence; it‟s collection,
handling, identification and preservation in coordination with the various criminalists in the crime
laboratory. Special crime investigation involves close relationship between the investigator in the field
and the investigator in the laboratory- the Criminalist.
Duty of Criminal Investigator
1. Establish that, in fact, a crime was committed under the law.

2. Identify and apprehend the suspect.
3. To recover stolen property.
4. To assist the state in prosecuting the party charged with the offense.
Job of the Criminal Investigator

1. Discover whether or not an offense has been committed under the law.
2. After determining what specific offense has been committed, he must discover how, when, where,
why, what offense was committed.
Methods of Identifications of Criminals

Criminal are identified thru the following:
1. Confession and Admission

2. Statement of witnesses
3. Circumstantial Evidence
4. Associative Evidence

A. Confession- this is an expressed acknowledgement by the accused in criminal cases of the truth of
his guilt as to the crime charged or of some of the essential part thereof. There is no implied confession
for it is positive and direct acknowledgement of guilt. It is the best means of identifying criminal.
Rules in Confession
a. Confession need not to be in writing

b. Confession may be written in a language which the accused does not speak
c. Confession must be freely and voluntarily made
Voluntarily – means that the accused speak of his free will and accord, without inducement of any kind
and with the full and complete knowledge of the nature and consequences of the confession.
Freely- when the speaking is so free from the influence affecting the will of the accused at the same
time the confession was made.
Requirement for confession as proof of guilt

1. Other corroborative evidence must support it.
2. Corpus delicti- must be established separately (the actual commission of the crime charged. It refers
to a particular crime and signifies that specific offense had been actually committed by someone
being composed of two elements: that certain results were produced, that someone is criminally
responsible
3. Confession must be made voluntarily.
B. By EYE-WITNESS TESTIMONY- description made by eyewitness
Value of identification by eyewitness testimony depends on the following: (credibility-bringing honor)

1. the ability of the eyewitness testimony to observe and remember the relative “distinctiveness” of the
accused appearance
2. The prevailing conditions, visibility and observation
3. The lapse of time between the criminal event and identification
Methods of Identification made by eyewitness
1. Verbal Description- portrait parley vividly describing in words the appearance of a person by
comparing and thru personal appearance.
2. Photographic files (rogues gallery)
3. General photograph- files of photograph in any given establishment.
4. Artist Assistance or composite sketches- drawing or sketching the description of a person‟s face by
the cartographer
5. Police line-up- selecting the suspect from a group of innocent persons to eliminate the power of
suggestions as factor of identification
Cartography- the art of sketching the image of a person or the art of making map .Bases of the
eyewitness in the identification of criminal.

1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth, lips, teeth, chin, jaw, etc.
2. Neck- shape, length, Adam‟s apple
3. Shoulder- width and shape
4. Waist- size, shape of the abdomen
5. Hands- length, size, hair, condition of the palms
6. Fingers- length, thickness, stains, shape of nails and condition
7. Any deformities (cross eyed, limping and etc.)
8. Teeth-
9. Gait
Bases of Physical Description of Physical Appearance
1. Mug Shot
2. Artist Drawing
3. Composite Sketches
4. Verbal description or Portrait Parley
HISTORICAL FEATURES IN CRIMINAL INVESTIGATION

The art and science of Criminal Investigation that exist today is the result of countless
development since policing was conceived and then institutionalized. The following is just a brief
account of some of the major milestone in the history of Criminal Investigation.
WORLDWIDE DEVELOPMENT
1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a brothel operator; a master
criminal who became London‟s most effective criminal investigator. He was the most famous THIEF-
CATCHER in 1720s. His methods or techniques made popular the logic of EMPLOYING A THIEF TO
CATCH A THIEF. He conceived the idea of charging a fee for locating and returning stolen property to
its rightful owners.
1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel entitled “Tom Jones”
and was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was
the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group of police
officers attached to the Bow Street Court, and not in uniform, performing criminal investigative
functions.
1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding who took over the
control of Bow Street Court in 1753. His investigators were then called Bow Street Runners and became
quite effective because of his personal guidance despite the fact that he was blind. He introduced the
practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.

1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER
SERVICE. This is the first organized federal law enforcement and investigative effort made by the US
government.
1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the
unique idea of creating sizeable uniformed force to police the city of London in order to remedy the
public outcry concerning the alarming increase of criminality during the early 1800s. His proposal was
considered too radical and was dismissed by the Royal Court.
1811, FRANCE: - EUGENE „Francois” VIDOCQ He was a criminal who turned Paris Investigator.
He is a former convict who became a notorious thief-catcher in France. He is credited as the founder of
LA SURETE, France‟s national detective organization. He made popular the concept of “SET A THIEF
TO CATCH A THIEF”. He introduced the concept of „TRADE PROTECTION SOCIETY‟, which is a
forerunner of our present-day credit card system. For a fee, any owner of a shop or business
establishment could obtain particulars concerning the financial solvency of new customers. He created a
squad of ex-convicts to aid the Paris police in crime investigation.
1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London
Metropolitan Police – the SCOTLAND YARD. He reiterated the idea of creating sizeable police force in
his recommendations, which lead to the passage of the Metropolitan Police Act. This act had a
tremendous impact on the history of criminal justice in general, and on the development of criminal
investigation specifically. He introduced the techniques of detecting crimes such as: detectives
concealing themselves, and secretly photographing and recording conversations.
1833, ENGLAND: The Scotland Yard employed the first undercover officer while in
USA: First daytime paid police department was established in Philadelphia, USA.
1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide
investigative authority, the forerunner of the Federal Bureau of Investigation.
1839: - The birth year of Photography. WILLIAM HENRY FOX TALBOT explained a
photographic process he had invented to the Royal Society of London.
JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery - a

photographic process he developed in collaboration with NICEPHORE NIEPCE.
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the
Criminal Investigation Division of Scotland Yard.
1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first time.
1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced the
term DETECTIVE to the English language.

1852, USA: - ALLAN PINKERTON - America‟s most famous private investigator and founder of
Criminal Investigation in USA. He established the practice of handwriting examination in American
courts and promoted a plan to centralize criminal identification records.
1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation, hired
by the Pinkerton Agency.
1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when they are
relevant and properly verified.
1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war
America.
1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the
MODUS OPERANDI FILE.
1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the first bank hold-up which mark the
beginning of the gang‟s 15-year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach
robberies in 11 states). Clay County Savings Association was their first victim and their take was $
60,000.00.
1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL

INVESTIGATION DEPARTMENT in Scotland Yard.
1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and established
the first systematic identification system based on ANTHROPOMETRICAL SIGNALMENT (or
Anthropometry) he is considered as the FOUNDER OF CRIMINAL IDENTIFICATION.
1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal
Identification Bureau.
1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by creating
the fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was featured in 6
short stories and 4 novels.
1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying
fingerprints. While other scientists were studying fingerprints in their biological nature, Galton
recognized their uniqueness and potentiality/significance in criminal identification.
1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining
Magistrates in Munich, Germany and advocated the use of scientific methods in criminal investigation
process.

1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal investigation.
This is known as TEAM POLICING. In team policing, there is no patrol division or criminal
investigation per se. In this system, a team of police officers is assigned to patrol and investigate all
criminal matters within their area of jurisdiction or district. Team policing required that police officers
who respond to a call regarding a criminal case should investigate the case to its conclusion.
1954,USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of
Criminalistics as the University of California, USA.
1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained evidence is
inadmissible in state criminal prosecutions.
1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance
Administration – LEAA) was established to fund and coordinate administration, research and training in
criminal justice.
1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US Supreme Court established procedural
guidelines for taking criminal confessions.
DEVELOPMENT IN THE PHILIPPINE SETTING

1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the purpose of carrying out the
policies or regulations of the Spanish government. The members were armed and considered as the
mounted police. Later, they discharge the duties of a part, harbor, and a river police.
1836. GUARDRILLEROS: A body of rural police organized in each town, which was established by
the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-bodied
inhabitants in each town or province, and each member will serve for at least 3 years.
1852. GUARDIA CIVIL: An organization created by the Royal Decree issued by the Spanish Crown
Government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works in policing
towns. It consisted of a body of Filipino policemen organized originally in each of the provincial
capitals of the Central provinces of Luzon under the command of Alcalde (Governor).
NOV. 30, 1980. INSULAR POLICE FORCE: Established during the Filipino-American War (1898-
1901) upon the recommendation of the American Commission to the Secretary of War.
JULY 18, 1901. ACT # 175: The act establishing the Insular Police Force which was titled as “AN
ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR
CONSTABULARY”. The organic act creating the Philippine Constabulary.
OCT. 3, 1901. ACT # 255: The law which established the Philippine Constabulary

REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine
Constabulary is a national Police Institution for preserving the peace, keeping the order and enforcing
the law.
SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. Teudolo Natividad): The law otherwise
known as the POLICE ACT OF 1966, It created the Office of the Police Commission which was later
called National Police Commission (NAPOLCOM). In its inception, the Police Commission was under
the Office of the President. It was created as the supervisory agency to oversee the training and
professionalization of the local police forces. Through this law, reformation and professionalization of
the police service gained official recognition.
AUG. 8, 1975. PD#765: The law which stipulated that the office of the NAPOLCOM was under the
office of the Ministry of the National Defense. It defined also the relationship between the Integrated
National Police and the Philippine Constabulary. This is in compliance with the provisions of Section
12, Article 15 of the 1973 Philippine Constitution.
1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law provides that:” In all
criminal prosecutors, the accused shall…. Enjoy the right to be heard by himself and counsel……”.
Criminal prosecution was however interpreted by the court in US vs. Beechman (25 Phil 25,1972) to
mean the proceeding at the trial court from arraignment to rendition of judgment.
1973 PHILIPPINE CONSTITUTION, Article III, Section 20
“No person shall be compelled to be a witness against himself. Any person under investigation
for the commission of an offense shall have the right to remain silent and to counsel, and to be informed
of such right. No force, violence, threat, intimidation nor any means, which vitiate the free will, shall be
used against him. Any confession obtained in the violation of this section shall be inadmissible as
evidence.
The warning of the right to remain silent must be accompanied by the explanation that anything
said can and will be used against the individual in court. This warning is needed in order to make him
aware not only of the privilege, but also of the consequences of forgetting it. (People vs. Duero, 104
SCRA 379, 1981)
1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538)
The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called
have to be made so that a confession can be admitted. Therefore, while upon police custody for
investigation, the accused must be appraised of his:
1. Right to remain silent with explanation that anything that he might say may be used
against him in the court of the law;
2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend
present while he is being questioned; and
3. Right to the appointment of a lawyer if he cannot afford one.

1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) - The right to a counsel maybe waived but
the waiver, to be valid, must be made with assistance of a counsel.
1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - “Any person under investigation
for the commission of an offense shall have the right to be informed of his right to remain silent and to
have a competent and independent counsel preferably of his own choice. If the person cannot afford the
services of a counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of a counsel.
Article XVI, Section 5(4) - “No member of the armed forces in the active services shall, at any time, be
appointed for designated in any capacity to a civilian position in the Government including government
owned or controlled corporation, or any of their subsidiaries.”
Article XVI, Section 6 - “The State establishes and maintains one police force, which shall be national
in scope and civilian in character, to be administered and controlled by a National Police Commission.
The authority of local executives over the police units in their jurisdiction shall be provided by law.”
1990, RA 6975 - DILG ACT, Philippine National Police (PNP) together with BFP and BJMP
organization
1998, RA 8551 – PNP Reform and Reorganization Act
GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION
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; how the offense was committed;
who committed it; where the offense was committed; when it was committed; and why it was
committed.
The Phases of Criminal Investigation
a) Preliminary Investigation - identify the criminal through confession; eyewitness testimony;

circumstantial evidence; and associate evidence
b) Follow Up Investigation - trace and locate the criminal; and
c) Final Investigation - proved by evidence the guilt of the suspect/s.
In proving the guilt 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 guilt will depend on the establishment of the essential elements of the crime. The
investigator must know by heart the elements of a specific crime.
Tools of an Investigator in Gathering Facts
a) Information – Data gathered by an investigator from other persons including the victim himself
and from Public records; Private records; and Modus Operandi file.
b) Interrogation and Interview – Questioning of witnesses, suspects, and offended parties.
c) Instrumentation – Scientific examination of real evidence, application of instrument and methods
of the physical sciences in detecting crime.
INFORMATION
All evaluated materials of every description including those derived fro observation, reports,
rumors, imagery, and other sources from which intelligence in produced.
Information is a communicated knowledge by others obtaining by personal study, investigation,

research, analysis, observation. The use of modern gadgets in intelligence and other things and material
that possess or contain a desire information or knowledge.
Two General classifications of sources of information:
1. Open Sources – 99% of the info collected are coming from open sources.
2. Close Sources – 1% of info from close sources.
Overt Intelligence – is the gathering of information or documents procured openly without regard as to
whether the subject or target become knowledgeable of the purpose
Open Sources: Includes information taken from
 Enemy activity – POW – Civilians - Captured documents

 Map - Weather, forecast, studies, report - Agencies
Covert Intelligence – is the secret procurement of information, which is obtained without the
knowledge of the person or persons safeguarding vital intelligence interest.
Close Sources: are information usually taken through:
 Surveillance
 Casing
 Elicitation
 Surreptitious entry
 Employment of technical means (Bugging and Tapping device)
 Tactical Interrogation
 Observation and Description
Other sources of Information: Overt and Covert
 Routine patrol and Criminal investigation
 Use of informants and Interrogations
 Search and seizures and Cordon and scratch
 Checkpoints and Police public relations activities
 Coordination with law enforcement agencies
 Inmates of various city jails, national penitentiary, military stockade.
 Statistics
Persons as sources of Information
Informant Net – It is a controlled group of people who worked through the direction of the
agent handler. The informants, principal or cutouts supply the agent handler directly or indirectly with
Intel information
Informants (Asset) – people selected as sources of information, which could be voluntary, or in

consideration of a price.

 Informant – refers to a person who gives information to the police voluntarily or

involuntarily without any consideration
 Informer – those who give information to the police for price or reward
Types of Informants
1. Criminal Informant – an informant who give information to the police pertaining to the
underworld about organized criminals with the understanding that his identity will be
protected
2. Confidential Informant – is similar to the former but he gives information violate of the law
to includes crimes and criminals
3. Voluntary Informant – a type of informant who give information freely and willfully as a
witness to a certain act
4. Special Informant – those who gives information concerning specialized cases only and it is
regarded a special treatment by the operatives (ex. teachers, businessmen)
5. Anonymous Informant – those who gives information through telephone with the hope that
the informant cannot be identified
Sub-type of Informant
1. Incidental Informant – a person who casually imparts information to an officer with no

intention of providing subsequent information
2. Recruited Informant – A person who is selected cultivated and developed into a continuous
source of info
Categories of Recruited Informants:
1. Spontaneous or Automatic Informant – Informants who by the nature of their work or

position in society have a certain legal, moral or ethical responsibilities to report info to the
police
2. Ordinary run of he Mill Informants – Informants that are under the compulsion to report
info to the police
3. Special Employee – informants who are of a specific operational nature
Other classification of Informant

Automatic – Penetration - Full time - Rival – Elimination - False Informant - Frightened Informant -
Self- aggrandizing Informant - Mercenary Informant - Double Crosser Informant - Woman
Informant - Legitimate Informant
Common Motives of Informants

Reward – Revenge - Fear and avoidance of punishment – Friendship - Patriotism – Vanity - Civic-
Mindedness – Repentance –Competition -Other motives
INFORMANT RECRUITMENT
Phases
1. Selection – it is particularly desirable to be able to identity and recruit an informant who has
access to many criminal in-group or subversive organization. Wide access is probably the single
most important feature in the consideration of recruiting the potential informant

2. Investigation – the investigation of the potential informants that has tentatively identified as a
“probable” must be as thorough as possible. It must establish possible existing motives as to this
person might assist the police Intel community. Failure to do so will deny this office who must
perform the approach and persuasion phase with little more that a guess. If necessary, conduct
complete background investigation (CBI)
3. Approach – approach must be done in a setting from which might include pleasant
surroundings, perhaps a confidential apartment, completely free form any probability of
compromise, preferably in an adjacent city or a remote area foreign to the informants living
pattern.
4. Testing – the testing program should begin, of course, with the limited assignment, with a
gradual integration into the more important areas. The occasional testing of an informant should
continue through the entire affiliation
INTERVIEW AND INTERROGATION
1. Interview Defined. - An interview is the questioning of a person believed to possess knowledge

that is in official interest to the investigator.
2. Importance of Interview. - Interview in crime investigation is very important considering that the
person interviewed usually gives his account of an incident under investigation or offers information
concerning a person being investigated in his own manner and words.
Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the
police if he does not want to. Therefore, people will have to be persuaded, always within legal and
ethical limits, to talk to law enforcers. This makes interviewing an art:
3. The Person Interviewed
Consider:
a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or
similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.
4. The Interviewer‟s Personal Traits.

a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people. People who are reclusive generally are not good interviewers.
c) He is clam, has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to
say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a person
must be treated according to humanitarian and legal precepts.
l) he keeps the rules of evidence in mind.
5. Planning the Interview.

In planning the interview, the interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture
c) The sources of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence .
e) The time available for the interview.
f) The time allowed by law.
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.
7. Time, Place and Surrounding Circumstance.

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.
b) Interview of arrested person should be made as soon as possible after the arrest.
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 no distracting pictures, calendars or similar items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that 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 tan 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 conductive to proper interviews.
k) The interviewer should remain seated and refrain from pacing about the room.
8. Opening the Interview.

a) The interviewer should identify himself and the agency to which he belongs.
b) He should try to size up the interviewee and reach to tentative conclusion about his type, then use
the best interview approach.
c) He should keep in mind the provisions of law regarding rights of people under custodial
investigation.
9. The Body of the Interview.

a) The interviewee should be allowed to tell his own story in his own words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii)It helps the interviewee recall and relate evens in their proper order.
b) Interviewer should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on the
matter later.

d) Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of
the witness interview
e) However, you may guide the interviewee 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.
b) Do not ramble. Have a reason for every question asked.
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, the, second, then third. The interviewer should go step by step in learning all the
details concerning the planning and commission of the crime and what happened after it was
committed.
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement. It might be a hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or forked questions.
g) The dangers of leading and misleading questions should be borne in mind. A question which
suggests to the witness the answer which the interviewer desires is a leading question. Questions
which assume material facts that have not been proven are misleading questions.
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.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the interviewee involving something
unpleasant, it is wise to use introductory remarks deploring the need for the question and saying
that it is one of the unpleasant but necessary of an officer.
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, then decide whether he has attained his
objective. He should be guided in this respect by the 5 W‟s and I H- what, where, when who,
why and how.
b) The interviewer should always the door open for a re-interview. Don‟t 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 witness and informants, and
“interrogation” when questioning suspects.
A Philosophy of Interview and Interrogation:
The RIGHT officer, Asking the RIGHT questions, In the RIGHT manner, At the RIGHT
time and in the RIGHT place, Will get the RIGHT answers.
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 of information in his
possession which is pertinent to the investigation.
2. Purpose of Interrogation
a) To obtain information concerning the innocence or guilt of 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 which 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.
3. Preliminary Conduct. – The interrogator should identify himself a t 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 he does not have to answer questions and that, if he does answer, these answers
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 latter‟s 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 interrogation and the subject on the matter
under questioning.
5. Interrogation Techniques – The following are some of the techniques practiced by experienced
investigators:
a) Emotional Appeals – Place the subject in the proper frame of mind. The investigator should
provide emotional stimuli that will prompt the subject to unburden himself by confiding.
Analyze the subject‟s personality and decide what motivation would prompt him to tell the truth,
then provide those motives through appropriate emotional appeals.
b) Sympathetic Approach – The suspect may fell the need for sympathy or friendship. He is
apparently in trouble. Gestures of friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect will confess if he is treated in a
kind and friendly manner.
d) Extenuation – The investigator indicates he does not consider his subject‟s indiscretion a grave
offense.
e) Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not the
sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the
start that he was not dealing with a fellow who is a criminal by nature and choice. The trouble
with the suspect lies in his little weakness – he like liquor, perhaps, or he is excessively fond or
girls or he has had a bad run of luck in gambling.
f) Mutt & Jeff – Two (2) agents are employed. Mutt, the relentless investigator, who is not going to
waste any time because he knows the subject, is guilty. Jeff, of the other hand, is obviously a
king-hearted man.
CRIMINAL INTERROGATION SYSTEMS
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 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 guilt, 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 guilt has already been, or will soon be, established.
2. Interrogation of Suspect Whose Guilt is Definite or Reasonably Certain

a) Maintain an attitude that shows that you are sure of yourself when you conclude that the subject
is indeed guilty.
(i) Don‟t be very friendly with the subject and do not offer a handshake.
(ii) At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates
innocence. But if he remains calm, you can generally conclude that your suspicion of
guilt confirmed.
(iii)Interruption of questioning by the subject may indicate innocence. Silence is equated is
equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why he committed the act,.
(vi) When interrogating a “big shot,” it may be useful to lower his status by addressing him by his
first name, instead of using a title of respect.
(vii) 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 guilt 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:
(i) Pulsation of the carotid (neck) artery
(ii) Excessive activity of the Adam‟s apple
(iii)Avoiding the eyes of the interrogator, swinging one leg over the other foot wiggling,
wringing of the hands, tapping of fingers, picking fingernails, etc.
(iv) Dryness of the mouth
(v) Swearing to the truthfulness of assertions. Guilty subjects to strengthen their assertions of
innocence frequently use this.
(vi) “Spotless Past Record” – “Religious Man.” These are asserted to support statements, which
the subject knows, and realizes the interrogator knows, to be false.
(vii) 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 the same thing.
e) Reduce the subject‟s guilt 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.
g) Sympathize with the subject by:
(i) Condemning his victim. During the questioning, the interrogator should develop the notion
that the initial blame, or at least some the blame, for the crime rests upon the victim.

(ii) Condemning the subject‟s accomplice. But the interrogator must be cautious so that the
subject as leniency or exculpation from liability does not misinterpret his comments.
(iii)Condemning anyone else upon whom some degree of moral responsibility might be placed
for the commission of the crime.
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 who are either
younger that or of the same age as the interrogator, or emotional offenders), or gripping the
subject‟s 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 was 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.
k) Seek an admission of lying about some incidental aspect of the occurrence by achieving this, the
subject loses a great deal of ground, bringing him nearer to the confession stage, because he can
always be reminded by the interrogator that he has not been telling the truth.
l) Appeal to the subject‟s pride well-selected flattery or by a challenge to his honor. Flattery is
especially effective on women subjects.
m) Point out the uselessness of lying.
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 to the reason for its commission.
p) When co-offenders are being interrogated and the previously described techniques have been
ineffective, play one against the other. This is effective because when two or more persons have
collaborated in the commission of a criminal offense and are later apprehended for questioning,
there is usually a constant fear on the part of each participant that one of them will “talk,” in
exchange for some leniency or clemency.
3. Interrogation of Suspect Whose Guilt is Uncertain
a) Ask the subject if he knows why he is being questioned.

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 subject‟s
alibi.
d) Where certain facts suggestive of the subject‟s 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.

e) At various intervals, ask the subject certain pertinent questions in a manner, which implies that
the correct answers, are already known.
f) Refer to some non-existing incriminating evidence to determine whether the subject will attempt
to explain it; if he does, that is an indication of guilt.
g) Ask the subject whether he ever thought about committing the offense or one similar to it. If the
subject admits he had thought about committing it, this fact is suggestive of his guilt.
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, I‟ll tell you what you want, but I didn‟t do it,” is,
in all probability, guilty.
4. General Suggestions Regarding the Interrogation of Criminal Suspects
a) Interview the victim, the accuser, or the discoverer of the crime before interrogating the suspect.
b) Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged
and ready to give up; continue for a little while longer.
c) Make no promises when asked, “What will happen to me if tell the truth?” A promise of leniency
or immunity may induce an innocent to confess.
d) View with skepticism the so-called conscience-stricken confession.
e) When a subject has made repeated denials of guilt to previous investigators, first question him,
whenever circumstances permit, about some other, unrelated offense of a similar nature of which
he is also considered to be guilty.
f) An unintelligent, uneducated criminal suspect, with a low cultural background should be
interrogated on a psychological level comparable to that usually employed in the questioning of a
child.
5. Interrogation Witnesses and Other Prospective Informants:
a) Give the witness or prospective informant an assurance that the offender will not harm him or
any member of his family, and that there is a witness protection program specially designed to
meet that contingency when it becomes necessary.
b) If such witness or prospective informant refuses to cooperate with the police, try to sever any
bond between him and the offender, and proceed to interrogate the witness or informant as if he
were the suspect.
A. DEVELOPMENT AND CONTROL OF INFORMANTS
1. Confidential Informant Defined – a confidential informant is an individual who supplies

information on a confidential basis with the understanding that his identity will not be made known.
a) Scientific approach in criminal investigation can assist law enforcers immeasurably, but there is
always that one case wherein the crime laboratory cannot help. This is the reason why
investigators must to know the man on the street, then man who can supply information.
b) Law enforcers must develop confidential informants everyday.
2. Need for Informants

a) Informants increase accomplishment in all areas of investigation.

b) Without confidential informants, the officer‟s source of information is limited to what he gets
through formal interview.
c) Informants enable law enforcers to infiltrate the criminal element and help lower criminal
morale. Advance information improves crime prevention and enables the police to find out the
identity of transient hoodlums.
d) Informants are an investigative “short cut‟ to solve cases, to recover stolen property, and to make
apprehensions.
3. Where to Find Criminal Informants and Whom to Develop

a) Legitimate persons and criminals
(i) Hoodlums, criminals, fences, bookies, barbers, bartenders, poolroom and dancehall
operators, prostitutes, madams, pawnbrokers, cab drivers, bell hops, service station
attendants, waitresses and others. A class in themselves is persons who had been accused or
suspected of a crime.
(ii) Persons engaged in certain occupations should be considered.
4. How to Develop Confidential Informants

a) Constant need.
(i) No matter what our scientific development might be, there will always come that time when
we will need informants.
(ii) Development of confidential informants should therefore be a continuous process.
b) Evaluation of the individual being considered as possible informant:
(i) Does he have access to information?
(ii) Can he develop the trust of his associates?
(iii)Intelligence and physical courage
(iv) His criminal record and background
(v) His pattern of behavior
c) Basic considerations.
(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 informant‟s
association with the law enforcement agency would 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.
(ii) Plan the interview as to the type of “approach.”
[1] Return of favor. – Even small favors can help a lot in developing informants. These may
be extended in various ways.
[2] Monetary consideration – There may be ties when an officer has to pay for information.
one must make sure he gets his money‟s worth. Do not overpay or you will have a
professional informant.
[3] Appeal to prospect‟s ego. – Men on the beat (patrolmen/investigators) have a good
opportunity of developing informants.
[4] Development of “friendship” helps because the informant respects the officer. – This is
accomplished by friendly acts of the officer to the possible informant himself or his
relatives.
[5] Involvement in illegal activity – The illegal activity serves as pressure on the possible
informant. The attitude toward him, though, should be “Put up or get out”.
[6] Fear motive. – This is fear of the police or of his associates

[7] Revenge motive
[8] Perverse motives – To eliminate competition, for example.
[9] Bad publicity – Especially applicable to businessmen
(iii) Officer‟ Ability.
[1] Develop an informant to the point that he really respects you. - Do not call hour informant
a “stool pigeon” or a “stoolie” when talking to him.
[2] Secrecy in contacts cannot be over-emphasized. It helps maintain the confidence of the
informant. You may use fictitious names over the phone. Contact should be discreet and
the meeting place frequently changed.
[3] The informant may expect a few favors in return. – Make him understand that you
association with him does not give him the license to operate illegally. You must have
him understand also that he is not an employee of the police even though he is being paid
for the information. It may be necessary to hold something over his head.
- Be sure that your informant does not brag about his association with you
- Make sure he is giving you good information. test him with facts you know.
- Do not allow yourself to be interviewed by an informant.
Give him the facts he needs to know, and nothing more.
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.
b) A designated executive should be aware of the identity of the informant. – At least two (2)
individuals in the law enforcement agency should know the identity of a confidential informant.
This gives him the feeling that he is really cooperating 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 a rank-
officer to give the informant a feeling of importance.
c) Consider a program within your respective commands for the development of informants.
(i) Keep records as to the ability of your men to develop informants.
(ii) Keep records as to the accomplishments of each of the informants. This should tell you who
among the informants should be discarded.
(iii)Keep records as to fugitives apprehended, loot recovered and cases given to you.
(iv) Maintain a tickler system to review your informant‟s contribution to your command.
B. 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.
3. Factors to consider before undercover investigation is initiated:

a) The exact result desired
b) Jurisdiction
c) The importance of the investigation
d) Available planning information
e) Availability of qualified personnel
f) The equipment and preparation necessary
g) Danger to the investigator involved.
4. General and Specific Qualifications – Undercover work as a selective assignment requires that the
investigator possess, in addition to certain general qualifications, specific qualifications required in
the type of investigation being conducted.
a) General qualifications:
(i) Well-trained and experienced
(ii) A calm, collected and resourceful individual with good judgment and wit
(iii)Complete self-confidence to feel absolutely certain that he can successfully play the part of
the character he will assume.
(iv) Courage and ability to meet unforeseen situations with quick, sound decisions
(v) Will power to avoid drugs and excessive use of intoxicants.
(vi) Ability to avoid unwise entanglements with women involved in the case or associated with
the subject.
b) Specific qualifications
(i) Ability to act out an assumed role
(ii) Good memory in an investigation in which no notes can be taken or report submitted.
(iii)Skill adaptable to the occupation assumed.
(iv) Physical appearance and capabilities consistent with his assumed qualifications.
(v) Well-grounded in the lingo and techniques of the subject criminal operations
(vi) In special situations, the undercover investigator should possess certain linguistic abilities,
hobbies, sports, musical talent and personal background for the particular and undercover
assignment.
5. Authority for undercover operations must be from the top officer of the organization, for this
requires coordination with other agencies.
6. The fewest number of persons must know the undercover operation. Otherwise, the
investigation or the operative himself might be jeopardized.
7. The background or cover story regarding the assumed identity of the undercover operative must be
such that he can easily win the confidence of the suspect or organization sought to be infiltrated, and
should seldom be wholly fictitious.
8. Badge and credentials must never be carried.
9. A weapon should only be carried if it is consistent with the background story.
10. Provide safe communication systems between the undercover agent and headquarters relaying
information or instructions.

11. Arrangements for drops and safe houses 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.
13. The role of the undercover operative is to gather information or evidence against the suspect(s) or
the organization, never to instigate the commission of a crime.
14. Plans for the operation must provide actions or alternatives in case the undercover is arrested.
15. Reminders tot he undercover operative:

a) Act as natural as possible.
b) Do not overplay the part.
c) Do not indulge in any activity, which is not in conformity with the assumed identity.
d) Do not make notes unless they are to be mailed or passed immediately: (Use codes and never
place return address in letters and envelopes).
e) Do not use intoxicants except to play the part.
f) Limit association with women to that necessary to play the part
C. 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 to 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 discreet observation of places, persons and vehicles for the purpose
of obtaining information concerning the identities or activities of subjects.
3. Objectives of Surveillance:
a) To detect criminal activities
b) To discover the identity of persons who frequent the establishment and determine their
relationship.
c) To discern the habits of a person who lives in or frequents the place.
d) To obtain evidence of a crime or to prevent the commission of a crime.
4. Shadowing or Tailing. It is the act of following a person. Its objectives are:

a) To detect evidenced of criminal activities.
b) To establish the association of a suspect
c) To find a wanted person
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 subject‟s habits and associates is
required.

b) “Rough Shadowing” without special precautions may be used where the criminal must be
shadowed and he is aware of this fact; or where the subject is a material witness and must be
protected from harm or other undesirable influences.
c) “Close Tail” surveillance is one is which extreme precautions are taken against losing the
subject.
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 statement.
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 be used either in the interrogation of
the suspect or for purposes of cross-examination during trial.
7. “Roping” or Undercover Work. – It is a form of investigation in which the investigator assumes a

different and unofficial identity (a cover story) in order to obtain information. The general objective
of an undercover investigation is to obtain more information.
8. Arrest of Undercover Agent. – If the police arrest an investigator, he must act in accordance with
his orders. If he has not received orders regarding the disclosure of his identity in case of arrest by
other law enforcement officers, he must act according to his judgment. In such a case, if retaining his
assumed character does not serve a useful purpose, the investigator should refuse to make a
statement except to a member of his own organization.
9. Preparation and Supervision of Discreet Surveillance
a) Familiarize participating operatives with the case.

(i) Use sketches, photos and maps in the briefing.
(ii) Make a physical description of the subject(s).
(iii) Anticipate contingencies that arise and plan what to do
(iv) Ready coins for bus or jeepney fare and for making phone calls
(v) Determine exits and have them covered.
(vi) Bear in mid the need to secure a Search Warrant on short notice.
(vii) Ready materials for recording surveillance
(viii) Pre-arrange signals.
(ix) Maintain contact among the participants.
(x) Rotate participants and apportion their distances.
(xi) Consider the possibility of counter-surveillance.
b) Choosing proper equipment. Equipment include motor vehicles, boats, binoculars, camera, radio
equipment, handcuffs, containers for evidence, strips of neolith and other materials for disguising
motor vehicles (day or nighttime), firearms, tear gas etc.
Standard Methods of Recording Investigative Data
a) Photographs;
b) Sketching crime scenes;
c) Written notes (what you have seen or observed);

d) Developing and lifting fingerprints found at the crime scene:
e) Gathering physical evidence;
f) Plaster cast;
g) Tape recording of sounds;
h) Video tape recording of objects; and
i) Written statements of subjects(s) and witnesses
Scientific Examination of Real Evidence
a) The Crime Scene Search
Processing and Securing a Crime Scene – Processing a crime scene includes the application of
diligent and careful methods by an investigator/policeman to recognize, identify, preserve and
collect facts and items of evidentiary value that may assist in reconstructing that which actually
occurred. The crime scene is the area surrounding the place where the crime occurred. the
processing of the area at the scene includes all direct traces of the crime and this is determined by
the type of crime committed and the place where the act occurred.
Protecting the Crime Scene and the Evidence – Successful crime scene processing, depends
upon the policeman‟s or investigator‟s skill in recognizing and collecting facts and items of value
as evidence, and upon his ability to protect, preserve, and later, to present these in a logical
manner. This requires making careful and detailed notes and sketches; using correct procedures
in taking photographs of the scene; taking written statements and transcribing verbal statements
of witnesses, suspects and marking and preservation of collected physical objects of evidentiary
nature.
b) Laboratory examination of objects and substances located usually at the crime scene Objects and
substances needing examination in some cases are carried, intentionally or unintentionally, by
suspects from the crime scene.
Investigator‟s 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 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 Notes: 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, be can make intelligent use of the notebook.
Custodial Investigation/Interrogation.
It is the skillful questioning of a suspect or a hostile witness to divulge information on the crime
being investigated. It must be remembered, however, that police investigators cannot learn proper
interrogation merely by reading books. The success of interrogation depends on its legality, topic,
physical insight and experience.
PROCEDURE AT THE CRIME SCENE
Upon Arrival at the Crime Scene
a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather,
condition and type of lighting direction of wind and visibility
b. Secure the crime scene by installing the crime scene tape or rope (police line)
c. Before touching or moving any object at the crime scene determine first the status of the victim,
whether he is still alive or already dead. If the victim is alive the investigator should exert effort
to gather information from the victim himself regarding the circumstances of the crime, while a
member of the team or someone must call an ambulance from the nearest hospital. After the
victim is remove and brought to the hospital for medical attention, measure, sketch, and
photograph. Only a coronal or a medical examiner shall remove the dead body unless unusual
circumstances justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible persons to stand
watch and secure the scene, and permit only those authorized person to enter the same.
e. Identify and retain for questioning the person who firs notified the police, and other possible
witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent.
Arrest him if he still in the vicinity.
g. Separate the witnesses in order to get independent statements.
Recording - 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.
Searching for Evidence
a) A general survey of the scene is always made, however, to the location of obvious traces of
action, the probable entry and exit points used by the offender(s) and the size and shape of the
area involved.
b) The investigator examines each item encountered on the floor, walls, and ceiling to locate
anything that may be of evidentiary value. You should:
i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is
not collected when discovered.
ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
iii. Ensure that the item or area where latent fingerprints may be present is closely examined
and that action taken to develop the prints.
iv. Carefully protect any impression of evidentiary value in surfaces conducive to making
casts or molds. If possible, photograph the impression and make a cast or mold.
v. Note stains, spots and pools of liquid within the scene and treat them as evidence.
vi. Treat as evidence all other items, such as hairs, fiber, and earth particles, foreign to the
area in which they are fund – for example, matter found under the victim‟s fingerprints.
vii. Proceed systematically and uninterruptedly to the conclusion of the processing of the
scene. The search for evidence is initially completed when, after a thorough examination
of the scene, the rough sketch, necessary photograph and investigative note have been
completed and the investigator has returned to the point from which the search began.
Further search may be necessary after the evidence and the statements obtained have
been evaluated.
c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The
policeman may first search the strip on his left he faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be immediate scene of the
incident or crime. For example, evidence may indicate that a weapon or tool used in the crime
was discarded or hidden by the offender somewhere within a square-mile area near the scene.
e) After completing the search of the scene, the investigator examined the object or person actually
attacked by the offender.
Methods of Crime Scene Search
A. Strip Search Method In this method, the area is blocked out in the form of a rectangle. The
three (3) searchers A, B, and C proceed slowly at the same place along paths parallel to one side
of the rectangle. When a piece of evidence is found, the finder announces his discovery and the
search must stop until the evidence has been cared for. A photographer is called, if necessary.
The evidence is collected and tagged and the search proceeds at a given signal. At the end of the
rectangle, the searchers turn and proceed along new lanes.
B. 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.
C. 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.
D. Zone 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 times depending on the size of the circle and 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.
E. Wheel method
Collecting Evidence. This is accomplished after the search is completed, the rough sketch finished and
photographs taken. Fragile evidence should be collected as they are 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
Office (FEO) must be made for verification purposes. In the collection, the investigator should touch the
evidence only when necessary.
Removal of Evidence. The investigator places his initials, the date and the time of discovery on each
item of evidence and the time discovery on each item of evidence for proper identification. Items that
could not be marked should be placed in a suitable container and sealed.
Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the
evidence custodian.
Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence,
individually and collectively.

Preservation of Evidence. It is the investigator‟s responsibility to ensure that every precaution is

exercised to preserve physical evidence in the state in which it was recovered/obtained until it is released
to the evidence custodian.
Releasing the Scene. The scene is not releases 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.
Sketching Crime Scenes.
Pointers to Consider:
a) To establish admissibility, the investigator must have had personal observation o the data in
question. In other words, the sketch must be sponsored or verified.
b) REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to
them.
c) Types of sketches: Floor plan or “bird‟s-eye view”; Evaluation drawing; Exploded view; and
Perspective drawings.
d) Write down all measurements.
e) Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.
f) Keep the rough sketch even when you have completed the final sketch.
g) Indicate ht North direction with an arrow.
h) Draw the final sketch to scale.
i) Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY – capital
letters of the alphabet for listing down more or less normal part sof 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
 Rectangular coordinates. (Measurements at right angels from each of two walls)
 Coordinates constructed on transecting base line. Choose relatively fixed points for your
baseline.
 Triangulation. (Measurements made from each of two fixed objects to the pint you want to
plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary
triangles as there as object plotted).
l) Two (2) investigators should check critical measurements, such as skid marks.
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, and title key.
GENERAL TYPE OF SKETCH
Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate
Finished Sketch- for courtroom presentation, scale and proportion are strictly observed.
Kinds of Sketch

1. Sketch of locality gives a picture of the crime scene in relation to its environs including
neighboring buildings, roads, etc.
2. Sketch of grounds includes the crime scene and its nearest environment, ex a house w/ a garden
3. Sketch of details describes the immediate crime scene only.
SCENE OF CRIME OPERATION (SOCO)

Composition of SOCO Team
The SOCO team is composed of but not limited to the following depending on the nature of the case:
1. Team Leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Sketcher and Evidence Recorder
5. Evidence Recorder
6. Evidence Recovery Personnel
7. Driver/Security
Personnel Functions and Responsibility
1. Team Leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as 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 designate personnel. To log persons entering the place and
remove Kibitzers in the area,
h. Continuously reevaluate efficiency of the search ensure and that 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
3. Photographer and photographic log recorder:

a. Photograph the entire area of the crime scene with overall medium and close-up coverage
using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidences before collection.

d. Photograph all latent Fingerprints, impressions before lifting or casting is made. Likewise,
photograph blueprints map and other items
e. Prepare photograph log photographic sketch.
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 investigator or to Crime Laboratory per agency
guidelines.
6. Evidence Recovery Personnel:

a. Have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/custodian after noting
where the item was located.
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to proper
clothing including gloves.
Equipment
1. Basic Equipment - Crime Scene tape or Rope (Police Line), Measuring device e.g. ruler and
measuring tape, Recording materials e.g. chalk, sketcher and paper pad, Camera with film, Video
camera or tape recorder, Evidence collection kit, Flashlight
2. Evidence Containers - String tags-large and small, Evidence tape or masking tape, Roll of manila
paper for wrapping, Plastic gallon, ½ pint bottles/vials-plastic and glass, ¼ pint bottles/vials-
plastic glass, Absorbent cottons, Rolls of fingerprint tape, Plastic bags-different sizes, Paper
bags-different sizes
3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Adjustable wrench, Pliers, Wire
cutter, Complete screw driver set, Saw, Hammer, Ax of hatchet, Shovel, Fingerprint magnifier,
Nylon brush, Magnet, Spatula, Box of plaster of Paris for casting or lifting foot marks, Goggles,
Sifting screen, Funnels of different sizes, Ladder, Hand lens of magnifier, Weighting scale,
Vernier caliper and micrometer, Scalpels
4. Evidence Gathering Equipment - Rubber glove and cotton, Box or filter, White cotton sheet,
Cotton balls and swabs, Fingerprint car, data card and ink cards, Photo data card, Black and
white latent print lifting cards, Rolls of lifting card, Complete magna brush kit, Complete dusting
kit, Heavy duty rubber lifters, Camera whit no wide angel, normal and macro lens, Arson kit,
Casting and molding kit, Electric engraver
5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-different color, Chalks, Permanent
flat marker, Eraser, Stapler with extra staple, Assorted paper clip and binders, Notebooks, paper
pads, sketch pads and drawing pads, Drawing compass, Clippers, Magnetic directional compass,
Carbon papers and coupon bonds.
INTERVIEW IN GENERAL
Interview Defined. - An interview is the questioning of a person believed to possess knowledge that is
in official interest to the investigator.
Importance of Interview. - Interview in crime investigation is very important considering that the
person interviewed usually gives his account of an incident under investigation or offers information
concerning a person being investigated in his own manner and words.
Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the
police if he does not want to. Therefore, people will have to be persuaded, always within legal and
ethical limits, to talk to law enforcers. This makes interviewing an art:
The Person Interviewed (Consider the following)

a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or
similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.
The Interviewer‟s Personal Traits
m) He must be a practical psychologist who understands the human psyche and behavior.
n) He has a sincere interest in people.
o) He is clam, has self-discipline, and keeps his temper.
p) He is courteous, decent and sensitive.
q) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to
say it.
r) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
s) He is forceful, persistent and patient. Some people just cannot be rushed.
t) He is analytical.
u) He is flexible and cautious.
v) He is a good actor and can conceal his own emotion.
w) He avoids third degree tactics and never deviates from the fundamental principle that a person
must be treated according to humanitarian and legal precepts.
x) he keeps the rules of evidence in mind.
SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION
The scientific tools a criminal investigator can use are:

a. Fingerprinting (Dactyloscopy)
b. Photography
c. Forensic Chemistry
d. Medico-legal
e. Forensic Ballistics
f. Questioned documents examination
g. Polygraphy
h. DNA Analysis


CRIME DETECTION AND
INVESTIGATION
TRAFFIC MANAGEMENT AND

ACCIDENT INVESTIGATION


TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION
DEFINITION OF TERMS:
ACCELARATOR – refers to the primary speed control of a motor vehicle, which controls the
inflow of fuel to the engine decreasing or increasing its revolution per minute.
ACCESORY – any attachment to a motor vehicle, not an essential part but for aesthetic
purposes.
ACCIDENT – refers to that occurrence in a chain of events which usually produces unintended
injury, death or property damage.
ACCIDENT ANALYSIS – the process of determining factors on how accidents occur and how
to mitigate and prevent its effects into quadrants in which a searcher is assigned a particular
quadrant.
ADJUDICATION – a court function in traffic law enforcement, this step determines the guilt or
innocence of the accused.
AIR COOLED ENGINE – an internal combustion engine usually of a motorcycle, stationary
which uses the flow of air in and around cooling fins on its cylinder to dissipate the heat
generated during its operation.
ALTERNATOR – it provides electrical power to the ignition, as well as recharge the battery
while the engine is running.
ANGLE COLLISION – an impact between two traffic units approaching on separate roadways
or other paths that intersect.
APPREHENSION – wholly a police responsibility, wherein the arrest of the traffic violators is
required to prevent continued and future violations.
ATV – all Terrain Vehicles.
AUTOMOBILE – refers to a motor vehicle with a seating capacity of two to eight people,
usually with four wheels, powered by its own means of propulsion, which may be electric
motor, diesel or gasoline engine.
AUV – Asian Utility Vehicle.
BANK – the degree to which the outside edge of a roadways is higher than the inside edge at a
specified area on a curve.
BARRIER LINE – a strip which when placed parallel to a line or center line indicates that all
traffic units must not cross the line for purposes of passing or overtaking.
BATTERY – a vital component of a vehicle which has the capacity to store an electrical charge
used to start the engine of the vehicle and to provide power for its electrical components while
the engine is not in operation.
BERM – a narrow raised ledge on the outer edge of the shoulders on major highways.
BICYCLE – a mode of transportation with two wheels propelled by the physical pedaling of its
rider.
BIORHYTHM – a theory which asserts that man exhibits constant variation of life energy and
mood states.
BLOOD ALCOHOL LEVEL – a form of measurement that determines the volume of alcohol
in an individual’s blood stream by chemical analysis.
BLOW OUT – explosion or disintegration of a pneumatic tire due to its inability to contain the
air inside under pressure, frequently due to material failure.
BRAKES – the main mechanism used to stop a motor vehicle customarily activated by a brake
pedal.
BRAKING DISTANCE – the space through which brakes may be applied to show a vehicle to
avoid a collision.
BRIDGE – a structure designed to carry a path or road over and across another road, railway or
a river or any body of water.
BUMPER – refers to the front and rear end component of a vehicle usually made of steel or
fiber glass designed to absorb part of the force of a collision directly from the back or front of a
vehicle.

BUS – a large motor vehicle designed to transport passengers.

CANNIBALIZE – refers to the act of dissembling a vehicle for the purpose of separately selling
the components or to use them as replacement for broken down parts.
CARNAP – slang which denotes the act of forcefully stealing a motor vehicle.
CASUALTY – refers to the persons who is either dead or injured as a result of an accident.
CAUSE – simultaneous and consequential factors without any one of each result could not have
occurred.
CHAIN REACTION ACCIDENT – a series of two or more traffic accidents occurring one
after the other in the same location.
CHOP-CHOP – an illegally brought vehicle, broken down as parts and components to avoid
paying higher taxes and duties, then reassembled as a complete working unit.
CITY ROADS – those interlink between municipalities and within city proper with a right of
way of 15 meters.
CO-EFFICIENT OF FRICTION – the number denoting the resistance of two sliding surfaces
in contact. Also called the drag factor in traffic accident investigation represented in by the
Greek letter, MU.
COLLISION – an event wherein two or more vehicles physically make contact with other with
sufficient force to create damage.
COLOLRUM – a term used to denote any vehicle used for commercial purposes without any
valid franchise.
CONTACT DAMAGE – the indentation to a vehicle resulting from direct pressure of some
foreign object in collision.
COUNTERFLOW – the unauthorized or authorized use of the opposite lane of a separated
street or road to move against the path of the proper flow of traffic.
CROSSBAR – a structure intended to physically prevent the entry of vehicles situated on
railroad crossing and entry and exit gates of establishments and residential areas.
CROSSWALK – refers to a pedestrian lane.
CURB – it is a concrete edge bordering the sidewalk.
DANGER WARNING SIGN – refers to signs intended to caution road users of a hazard that
lies ahead and of its nature.
DEBRIS – refers to the accumulation of broken parts of vehicles, rubbish dust and other
materials left at the scene of the accident by the collision.
DECELATION – negative acceleration or rate of slowing down of a vehicle.
DELAY – the time lost by traffic due to traffic control devices and traffic frictions.
DETOUR – refers to a short distance and temporary deviation path or an alternate route.
DETECTION (OF VIOLATION) – this would entail looking for defects in the behavior of the
motorist, pedestrian, vehicles, equipment and roadway condition.
DIESEL – an internal combustion engine which uses the combustion of fuel which ignites upon
application of pressure and high heat. It does not require an external electrical source such as a
spark plug to ignite the fuel air mixture in the cylinders.
DISENGAGEMENT – it refers to the separation of a traffic unit in motion from an object with
which it has collided.
DIVERGING – departure of vehicles from one stream or flow to another.
DIVERSION ROAD – refers to a highway planned to bypass the main district of a city, town or
municipality or another road system.
DRAG FACTOR – the number representing the acceleration or deceleration of a vehicle as
decimal fraction of the acceleration of gravity. The horizontal force necessary for acceleration
in the same direction divided by the weight of the body into which the force is applied.
DRIVER – refers to a person who is in control of a motor vehicle, seated in the front of the
steering wheel while in motion.
DRIVEWAY – refers to a path to and from a road or street designed for motor vehicles.
EARLY WARNING DEVICE – a triangular device consisting of reflectorized folding pieces,
used to provide stalled vehicle with a means of forewarning other vehicles of their presence.
ENBANKMENT – refers to a raised portion of earth, concrete or stone used to confine a canal
or river to carry a street, road or railroad.

EMERGENCY LIGHT – a flashing or rotating light intended to inform other road users that
the vehicle using it is an emergency and should be given priority.
ENCROACHMENT – movement into the path assigned to another unit.
ENFORCEMENT SYSTEM – consists of legislation, police and course defining correct road
usage, and insuring that traffic laws, ordinances, rules and regulations are adhered to.
EVENT OSCILLOGRAPH METHOD – recording by means of an instrument the start and
end of an occurrence, this is used in measuring saturation flow.
EXPRESSWAY – a trough traffic of free-flow of vehicular movement.
FACTOR – refers to any circumstances contributing to a result without which the result could
not have occurred.
FARM TO MARKET ROADS – commonly called barangay roads it has a right way of not less
than 2 meters.
FATAL ACCIDENT – refers to any motor vehicle accident that results in death to one or more
persons.
FATALITY – refers to the casualty that has died as a result of an accident.
FEEDER ROADS – roads which are intended for farm to market traffic.
FIELD SKETCH – a freehand map of the site or scene of an accident showing certain features
of an accident and road configuration.
FINAL POSITION – place and time when objects involved in an accident finally to rest
without application and power.
FIRST CONTACT – refers to the initial touching of the objects involved in a collision.
FIXED TIME SIGNALS – refers to a traffic control sign by which traffic is alternately
commanded to stop and permitted to proceed in accordance with a pre-determined time
schedule.
FLIP – refers to the movement of a vehicle, without touching the ground in a place where its
forward velocity is suddenly stopped by an object such as scrub or furrow.
FOG LIGHTS – a high intensity usually amber in color headlamps intended for greater
penetrating power during heavy rains and fogs.
FOUR WHEEL DRIVE – refers to a vehicle with the capability to provide from its engine to
power its wheels through a modification of the transmission.
FRANCHISE – it is privilege granted by the government to a company or to an individual to
operate and undertaken a regulated service for transportation such as bus and taxi franchise.
FREEWAY – a highway with no toll stations and may be traversed by a motorist continuously
without encountering conflict with cross traffic.
GAS SKID – refers to a breaking skid mark which is interrupted by release and reapplication of
the brakes or which terminates by release of brakes before collision.
GLARE – intense and disagreeable brightness that causes discomfort and reduces visibility.
GRAVITY – refers to the force which tends to pull all objects towards the center of the earth.
GRILL – refers to the front portion of a motor vehicle which usually covers the radiator.
GUARD RAIL – it is a structure located at the approach of bridges and side of critical roads
designed to prevent vehicles from falling off the road in the event of a loss of control for any
reason.
HAND BRAKE – an emergency brake, which is a vital component of a motor vehicle designed
to prevent it from unintentionally moving while parked.
HEADLIGHT – front light designed to illuminate 300 to 500 feet in the forward direction of
travel of a vehicle.
HEAD ON COLLISION – it is a frontal collision between two vehicles.
HIGHWAY – refers to the entire road system which is usually wide, paved and designed for
unobstructed high speed traffic flow.
HIT AND RUN – refers to an accident wherein the driver directly causing said occurrence does
not stop on site to give assistance or for identification as required by law.
HUMPS – concrete protrusions on a street or road intended to slow down traffic.
IGNITION – the part of a vehicle provided with a key and designed to turn on the electrical
system and engage the starter to the engine.
IMPACT – the striking of any body against another.
IMPRESSION – an imprint of a tire or shoe pattern in soft material.

INDUCED DAMAGE – damage to a vehicle other than contact dent.

INFORMATIVE SIGNS – these are signs intended to guide road users while travelling, further
classifies as advance, direction, place identification and confirmatory signs.
INTERCHANGE – a system of interconnecting roadways i9n conjunction with one or more
grade systems, providing for the movement of traffic between two or more roadways of
different levels.
INTERSECTION – a place where two or more roads meet or join and includes the areas where
vehicles traveling on different joining or intersecting roads may collide.
JUNCTION – then general area where two or more highway cross or join which include the
roadway and roadsides facilities for traffic movement of the area.
KILOMETER POST – it is a marker made of concrete provided with the abbreviations and
numbers to inform the road users the distance to other locations.
LANE – series of parallel marked section of a street or road.
LANE LINE – a line separating two lanes of traffic traveling in the same direction.
LICENSE – Authorization that bearer is authorized by law to exercise a certain privilege.
LICENSE PLATE – a metal galvanized iron plate containing embossed numbers and letters
securely attached to the rear and front of very registered motor vehicle for identification
purposes.
LOAD LIMIT –refers to the maximum weight that a structure can safely carry or hold.
MANHOLE – ports placed on a sidewalk or road designed to provide access to below surface
utility facilities and connections.
MAXIMUM ENGAGEMENT – the greatest overlap or collapse in a collision.
MERGE – act of combining another lane or forming one lane.
MIDDLE ORDINATE – refers to the perpendicular distance between an arc and its chord at the
middle of the cord.
MODIFIER – a circumstance that changes or alters an attribute temporarily or permanently.
MOMENTUM – a sector of quantity obtained by weight or mass multiplied by speed or
velocity.
MOTOR VEHICLE – is every device which is self propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
MOTOR VEHICLE ACCIDENT – refers to any event that results in unintended injury or
property damage attributed directly or indirectly to the action of a motor vehicle or its load.
MOTOR VEHICLE NON-TRAFFIC ACCIDENT – collision between traffic units in any
place other than a traffic way.
MOTOR VEHICLE TRAFFIC ACCIDENT – refers to any motor vehicle accident occurring
on a traffic way.
MULTI-UNIT ACCIDENT – A traffic accident involving more than the two traffic units.
MUNICIPAL ROADS – all roads within town proper with a right of way of not less than 10
meters.
NATIONAL ROADS – covers the main road as conduit system with a right of way from 20
meters to 120 meters.
NON-FATAL INJURY – a motor vehicle accident that result in injuries to persons which are
not moral.
OBSTRUCTION – anything on the road that prevent or hinders free and smooth flow of traffic.
OPERATIONAL FACTOR – functional failure of the highway transportation system which
contribute to the occurrence of traffic accidents.
OVERPASS – refers to a roadway passing through another roadway.
OVERTAKING – it is the act of passing another vehicle moving in the same direction.
PASSENGER – refers to any person who is riding but not in control of a motor vehicle.
PASSING LANE – a marked sketch of road or street which is a designated safety for the
purpose of overtaking and passing.
PAVEMENT – Asphalt or concrete covering on the road to smoothen out the surface of the road
making it more durable and permitting vehicles to traverse at faster speed and heavier loads.
PAVEMENT MARKINGS – also known as road markings, it refers to any traffic control
device marked on the surface of the road carriageway used to regulate traffic, toward or guide
road users. A solid yellow line refers to your driving lane and prohibits you from passing other

vehicle, a solid white line is used to separate opposing stream of traffic, broken white lines
permits crossing from one lane to another if there is ample passing distance and if opposing
lane is clear.
PEDESTRIAN – refers to traffic units which goes about on foot utilizing our public road
system.
PEDESTRIAN LANE – a crosswalk, which is a painted portion of a street, located usually on
an intersection for allowing pedestrians to safety cross the street.
PEDICAB – a tricycle arrangement which uses a pedaled bicycle as its means of propulsion.
PENALTY – refers to the punishment for breaking the law.
PENALIZATION – last step in the enforcement process wherein the court imposes the penalty
upon the guilty traffic law violator.
PERCEPTION DELAY – the time from the point of possible perception to actual perception.
PERCEPTION OF HAZARD – it is seeing, feeling or hearing and understanding the usual or
unexpected movement or condition that could be taken as a sign that an accident is about to
happen.
POINT OF NO ESCAPE – refers to that place and time after or beyond which the accident
cannot be avoided or prevented by the traffic unit under consideration.
POINT OF POSSIBLE PERCEPTION – is that place and time at which the unusual or
unexpected condition or movement could have been perceived by a normal person.
PRIMARY CAUSE – a term generally applied to the most obvious or easily explained factor
causing an accident or the most easily modified condition factor.
PROFESSIONAL RECONSTRUCTION – the attempt to determine from all available
information how the accident occurred. It is the fourth level of traffic accident investigation, it
involves scientific principles to formulate opinions relative to events of the accidents which are
otherwise unknown or being disputed.
PROVINCIAL ROAD – refers to the linkages between two municipalities with a right of way
from 15 to 60 meters.
PSEUDOLANE – it is the center line of a single lane, and in case of multiple lanes lies between
the centerline of the nearest lane and the center of the farthest lane.
REACTION DISTANCE – the gap traveled or moved by a vehicle or any traffic unit during
reaction time.
REACTION TIME – the time from perception to reaction.
RECKLESS DRIVING – driving with a wanton disregard for the safety of other road users,
persons or property.
REFERENCE LINE – a line often located on the edge of a roadway from which measurements
are made to locate spots.
REFERENCE POINT – refers to appoint from which measurement are made to locate spots in
an area.
REFLEX REACTION – an involuntary response to a stimulant, an instinctive act resulting
from perception of an imminent hazardous situation.
REGULATORY SIGNS – these are signs intended for advise road users of special obligation,
restrictions or prohibition with which they must comply.
RIGHT OF WAY – the right to proceed ahead of another vehicle or pedestrian.
ROAD – that part of traffic way which includes both the roadway which is the traveled part and
any shoulder alongside the road.
ROAD MARKINGS – coded color paintings on a paved roadway identifying areas where
specific instructions apply.
ROAD SIDE – portion of a street which is not occupied by a road or sidewalk.
ROAD SIGN – refers to a sign placed conspicuously on a road, made of metal plates with
specific shapes and design for the purpose of informing road users of applicable road
instructions and conditions.
ROAD USER SYSTEM – includes pedestrians, pedal cyclists, drivers, passengers and others.
ROADWAY – portion of a highway designed or vehicular travel, exclusive of the term of
shoulder.
ROUND ABOUT – an intersection of traffic in one direction to another around a central island.

SATURATION FLOW – refers to the number of maximum number of vehicles that can clear
an intersection assuming that there is a 100 percent green time (go signal).
SCUFF MARKS – are signs left on the road by tire that are sliding or scrubbing while the wheel
is still turning.
SEPARATION LINE – line marked on a pavement of a thoroughfare to divide traffic traveling
in opposite direction.
SEQUENTIAL FACTORS – aspects which must be follow one another to contribute to the
cause of the accident.
SHOULDER – refers to the paved or unpaved area or portion on the side of the road whether
capable of handling traffic or not.
SIDESWIPE – an accident wherein a vehicle bumps or hits another on its side at an angle
inflicting damage not sufficient to stop any of the colliding vehicles.
SIDEWALK –portion of the highway designed primarily for pedestrian travel.
SIMULTANEOUS FACTOR – reason which must be present at the time to generally cause an
accident.
SKID MARKS – marks left on the roadway by tires when the breaks are applied.
SKIP SKID – a braking skid mark interrupted at frequent regular intervals, it is the skid mark
produced by a bouncing wheel on which the brakes inhibit the wheel from turning.
SKYWAY – refers to a modern urban system of roadway above street level intended for free
traffic low.
SPEEDOMETER – component of a motor vehicle designed to inform the driver on how fast he
is traveling.
SPEED LIMIT – prescribed minimum and maximum legal velocity by which a motor vehicle
may be operated for safe travel.
STALLED VEHICLE – refers to a motor vehicle which is unable to propel or proceed under its
own power.
START OF EVASIVE ACTION – first action taken by the traffic unit to escape from a
collision course or otherwise avoid a road hazard.
STOP – to halt, zero forward or backward speed.
STOPPING – coming to rest. It usually stabilizes the accident situation.
STREET – refers to a road in a village, town or city usually hard surfaced and provided with
lighting and drainage and having buildings and structures on one or both sides.
SUBWAY – an conduit running entirely under the ground for fast travel route of commuters.
SWERVE – the act of intentionally or unintentionally moving suddenly into an adjoining lane
without prior notice to other road users.
TACTICS – refers to any action taken by the traffic unit to steer clear of a hazardous situation.
TAIL LIGHT – electrical component of a rear of a vehicle intended to make it more visible to
others following it especially at night.
TANGENT – refers to a straight section of the road.
TERMINATING ROAD – a road which by virtue of its function, design or physical form ends
the intersection.
THOROUGHFARE – a portion of road designed and used for vehicular traffic exclusive of the
shoulder.
TIRE MARK – scratches made on the surface on the road by a vehicle’s tire, friction, mark and
tire prints.
TOW-AWAY ZONE – a motor vehicle length of a road wherein parking is prohibited. Any
vehicle parked in this zone can be towed and physically removed an impounded is a specified
location is a specified location and release only after the payment of the corresponding towing
fee and fine.
TRACK – the distance on the ground between the center of the tire tread on one side of the
vehicle at the center or middle tire tread on the opposite side.
TRAFFIC – refers to the movement of persons, gods and vehicles, from the point of origin to
the point of destination by utilizing public road for the purpose of safe travel.
TRAFFIC ACCIDENT – a mishap involving traffic units on a public road or traffic way.
TRAFFIC ARREST – an enforcement action which consist of taking a person into custody for
the purpose of holding him to answer charges of law violation before a court.

TRAFFIC CITATION – a means of having the violators appear in court without physical
arrest.
TRAFFIC CONTROL – the direction of vehicle or pedestrians at a certain point or area by
mechanical means, fixed objects or manpower.
TRAFFIC ENFORCER – refers to a person designated by law to direct and enforce traffic law
and ordinances, rules and regulations.
TRAFFIC ENGINEERING – the science of safety and travels which includes measurement,
study of the basic laws relative to traffic and the application of this knowledge.
TRAFFIC ISLAND – are areas within the roadway constructed in a manner to establish
physical channels through which vehicular traffic flow is guided.
TRAFFIC LIGHT SIGNALS – refers to power operated control devices by which traffic is
directed or warned to take some specific action.
TRAFFIC SIGN – – a device mounted on a fixed or portable support whereby message is
conveyed by means of words and symbols, it either informs warns, or guides traffic.
TRAFFIC STOP – the term which denotes the official act of halting a motorist in transit for the
purpose of traffic law enforcement or investigation.
TRAFFIC SUPERVISION – defined as keeping informed on streets and highways within
existing regulations to make their use expeditious and safe.
TRAFFIC SYSTEM – consist of the entire road and vehicle complex.
TRAFFIC UNIT – refers to an element of traffic, either a driver, pedestrian, passenger.
TRAFFIC WARNING – an enforcement action which does not contemplate possible
assessment of penalty, it is a persuasive action which may be either, verbal, visual or written.
TRAFFIC WAY – the entire width between property line or either boundary line for every way
or place of which any parts is open for public use particularly for vehicular travel.
TRAILER – a long wheeled vehicle used for carrying bulky or heavy cargo and requires
attachment to another vehicle to pull it as its means of propulsion.
TRANSPORTATION SYSTEM MANAGEMENT – an activity which concentrates on
measures directed at the alleviation of the symptoms of transportation problems rather than
treatment of root cause.
TRIANGULATION – a method of locating a spot in an area by obtaining measurements from
two or more reference point, the location of which are identified for future reference.
TRICYCLE – refers to any mode of transportation or conveyance with three wheels.
TURN TURTLE – an accident wherein the motor vehicle overturned and ends up on its roof
with its wheels in the air.
VEHICLE – refers to any device in, upon or by which any person or property may be
transported or drawn upon a road, except devices propelled by human power or used
exclusively upon stationary rail.
VEHICULAR POLLUTION – particulate and chemical exhaust emission introduced into the
atmosphere by the operation of internal combustion engines of motor vehicles.
VELOCITY – a vector quantity measured in feet per second, it is usually used interchangeably
with speed. It represents the time rate of change of position in which direction as well as
rapidity are essential elements.
VIOLATION – any act or deed which is contrary to law.
VOLUME – the number of vehicles passing a point during a specific time.
WHEEL BASE – refers to the distance from the center of the front wheel to the center of the
rear wheel. Or the distance to the midpoint between two tandem axles.
YAW – movement of a vehicle while turning. A motion produced when centrifugal force
exceeds.
YAW MARK – refers to a scuffmark produced is yawning , the mark impressed is impressed on
the road by means of a rotating tire which is slipping in a direction parallel to the axle of the
wheel.
HISTORY OF TRANSPORTATION
TRANSPORTATION
- Is a facility use for the movement or conveying of persons, goods and anything from a
certain place to another.

Various Ancient Modes of transportation :

1. Manpower
a. Carrying pole
b. Backload and trumpline
c. Sledge
2. Animals
a. Yak
b. Camel
c. Horse
d. Elephant
e. Ox
f. Donkey
3. Windpower
a. Ancient kite- used by the Chinese, Korean and Europian armies
b. Ornithopter
c. Airship using a balloons
d. Ships
ROAD AND VEHICLES HISTORY

A.WHEELS
1. Solid wheels
2. Sumerian chariot with flank wheels
3. Greek quadrica with spoked wheels
4. Roman carpentum
5. Italian cocchio
B. WHEELED VEHICLES- could not use the narrow paths and trails used by pack animals,
and early roads were soon built.
C. ROMANS
The major road builders in the ancient world.
D. JOHN L. MACADAM did not abandon the theory of feeder road building and perfected the
macadamized road in England about 1815.
E. AFTER THE FALL OF THE ROMANS that was in the 5th century
F. SIGNIFICANT IMPROVEMENT OF ROAD VEHICLE began with the adaptation of
COACH SPRING about 1650.
G. IN THE MID-18TH CENTURY, ENGLISH ROADS the mail usually carried by boys on
horses.
H. JOHN PALMER introduced his first fast mail coach in March of 1785.
I. THE INVENTION OF BICYCLE in the early century served as a nursery of automobile
builders.
J. PNEUMATIC TIRES ( inflated by air) by Scot, JOHN BOYD DUNLOP appeared in late
19th century.
K. MOTOR VEHICLES the first mode of transportation to challenge the railroads.
1. Frenchman ETIENNE LENOIR introduced the internal combustion engine.
2. NICOLAUS OTTO AND GOTTLIEB DAIMLER pioneered the manufacture of gas
engines and later became a successful automobile manufacturer.
3. RUDOLF DIESEL, a German engineer, developed an internal combustion engine which is
similar with the gasoline engine but requires no electrical ignition system.
4. HENRY FORD, introduced the MODEL T, which was proved so popular by 1914.
5. FELIX WANKEL, a GERMAN mathematician, developed an advanced-type of engine.
TIRES ( tyre in British). are rubber and fabric devices that attaches to the wheel of a vehicle,
that provides contact between the vehicle and surface when it travels.
1. Solid tire
2. Pneumatic tire ( an air filled structure)

a.) 1st pneumatic tire was patented by Robert W. Thompson in 1845 - A rubber saturated
canvass;
b.) Pneumatic tire for bicycle and automobiles w/c patented by John Dunlop in 1888.
ROADS- is one of the signs of advancing civilization.
Early identified road builders-

a. Mesopotamians
b. Chinese- silk road
c. Incas of South America- which is the Andes network of road through galleries of cut solid
rock.
d. Babylon
e. Egyptian
VEHICLES
Motor Vehicle shall mean any propelled by any power other than muscular power using
the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers , lawn
mowers, bulldozers, graders, forklifts, amphibian trucks , and cranes if not used on public
highways, 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
attachment to a motor vehicle shall be classified as separate motor vehicle with no power rating.
TRAFFIC- from French word “ TRAFFIQUE”- trafficare Italian word “ TRAFFICO”- which
means to carry a trade of uncertain origin.
- Is a movement of persons, goods or vehicles from one place to another for the
purpose of travel by either powered combustion system or animal drawn.
TRAFFIC MANAGEMENT- a group of persons to accomplish its purpose.
Traffic operation- a series of action to affect certain purpose.
TRAFFIC E`S – known as the Traffic Management Pillars.

1. Engineering
2. Education
3. Enforcement
4. Ecology ( environment)
5. Economy, and
6. Enactment
TRAFFIC ENGINEERING- it is the science of measuring traffic and travel the study of the
basic laws relative to the traffic law and generation; the application of this knowledge to the
professional practice of planning, deciding, and operating traffic system to achieve safe and
efficient transportation of persons and goods.
TRAFFIC EDUCATION- it is the process of giving training and practice in the actual
application of traffic safety knowledge.
Traffic Law Enforcement- an action taken by the Police and court to compel obedience to
traffic laws, and ordinances, regulating the use and movement of motor vehicle for the
purpose of creating and deterrent to unlawful behavior by all potential violators.
2 Major Functions:
a.) Police Traffic Law Enforcement
b.) Court Traffic Law Enforcement
THE FOLLOWING AGENCIES/ OFFICES INVOLVED IN TRAFFIC ENFORCEMENT:

a. LAND TRANSPORATION OFFICE(LTO)
b. LEGISLATIVE BODIES
c. POLICE TRAFFIC ENFORCEMENT

a. MMDA
b. Police Auxiliaries
c. LTO flying squad
R.A 4136 as amended ( TRAFFIC Laws) and other related traffic laws:
R.A. 8749- Clean Air Act
R.A. 8750- Seat Belt Act
R.A 6539- ANTI-CARNAPPING ACT
R.A. 1958- LAW ON IMPOSING TAX ON VEHICLES
GOALS OF TRAFFIC ENFORCEMENT ACTIVITIES

1. To increase safety level
2. To increase traffic efficiency
3. To ensure harmonious and comfortable environment
ELEMENTS OF TRAFFIC ENFORCEMENT SYSTEM
1. Enforcement System- legislation on stiffer penalties
2. Road user`s system- traffic way user
3. Road system- traffic system ( entire road)
THREE (3) ESSENTIAL TRAFFIC POLICE FUNCTIONS
1. Traffic Direction and Control
2. Traffic Law Enforcement
3. Traffic Accident Investigation
All men on the police department should be trained to traffic at:
1. Accident scene ( preservation)
2. Other emergencies
3. Planned special events
4. Regular point and intersection control
5. Directing pedestrian movement
TRAFFIC ECOLOGY/ ENVIRONMENT- this is very recent which includes the study of
potentially disastrous population explosion, changes in urban environment due to the scale
and density of new urban concentration and new activities carried out, air pollution, water
pollution and overcrowding.
TRAFFIC ECONOMY- This Is the most recent of the of the pillars of traffic which deals with
the benefits and adverse effects of traffic to our economy. But before all these things took
place first it must address always to Traffic Supervision- as defined as keeping order on
streets and highways within the existing regulations to make their use safe and expeditious.
TRAFFIC DIRECTION- defined as telling drivers and pedestrians when, how and where they
may or may not move or stand at a particular place, especially during emergencies or period
of congestion..ex.. hand signals / gestures
TRAFFIC CONTROL- a control of vehicles and pedestrians at a certain point or a certain area
by mechanical means, fixed objects or manpower.
5 MAJOR PHASES OF ENFORCEMENT PROCESS:

DETECTION- the wholly police responsibility which requires adequate training and experience
on the part of the police to make them more effective in their enforcement efforts while
assigned.
APPREHENSION- requires the application of the various traffic law enforcement and
designed:
- To prevent such violation from endangering persons or;
- To prevent continued violation
PROSECUTION- while this is court function, the police also provide corresponding influence
throughout preparation and introduction of evidence and close liaisoning with prosecution
officers.
ADJUDICATION- while this is obviously a court function, the police providing influence on
this step by acting as witness to the prosecution or supplying additional evidence.

PENALIZATION- the court impose the penalty upon the respondent by the weight of penalty
would again be greatly influenced upon presentation of the past or various criminal records of
the respondent by the police.
TRAFFIC CONTROL DEVICES:

Purposes of traffic control devices;
1. It must be visible that will compel attention;
2. It must convey a simple and clear meaning at a glance;
3. It must allow time to respond or react ; and
4. It must command respect
Different type of control devices:
Traffic Light Signal
1. Fixed time signal
2. Actuated traffic signal
Signs
1. Regulatory or prohibitory
a. Mandatory
b. Priority- stop and yield
2. Warning or Danger
3. Guide or Informative
a. Route
b. Destination or distance
c. Information
c. Pavement markings
d. Traffic Island
1. Pedestrian barriers
2. Channelizing island
3. Divisional island
4. Rotary island
5. Refuge Island
FUNCTION OF TRAFFIC ISLAND`S

1. To separate pedestrian and vehicles
2. To control streams of traffic in order to minimize conflicts and expedite the flow of traffic
with measures to increase safety; and
3. To channelized the flow of traffic and control pedestrian movements.
Goals of Enforcement
 To increase safety level
 To increase efficiency
 To insure harmonious and comfortable environment
TRAFFIC LAW ENFORCEMENT
1. Traffic Arrest
- Is an enforcement action which consist of taking a person into custody for the purpose
of holding or detaining him to answer a charge of laws violation before a court.
2. Traffic citation
- Is a means of having violators appearing in court without physical arrest.
a. Visual warning – are usually used when you have observed a minor violation but
are more importantly occupied at a moment
b. Verbal warning- are easily a form of safety education.
c. Written warning- are combination of verbal and citation warning.
TRAFFIC OBSERVATIONS:

1. Stationary- traffic observation on at a selected place usually one with an unfavorable accident
experience or traffic flow problem for traffic law enforcement purposes especially to detect
violation and deter possible violators.
2. Conspicuous- traffic observation or stationary observation in which the observer tries to
attract attention by keeping in full view of traffic.
3.Visible- traffic observation in which the observer is in foil view but so located, for example, on
a side street, so to require, effort on the part of traffic to discover the observer.
4. Concealed- the observer is not visible to person using ordinary power of observation from the
roadway being observed
Why do we need traffic enforcement action:

1. To prevent traffic violations from endangering person or property, inconveniencing other
users of the traffic way;
2. To prevent continued violations; and
3. To discourage future repetitious
TRAFFIC PATROL- refers to consists of driving or walking here and there in an area or to and
fro on a road for the purpose of traffic law enforcement and to provide traffic services
connected to the public.
Objectives/ purposes of Traffic Patrol

1. Deterring violations and dangerous driving
2. Detecting and apprehending violator
3. Observing and reporting of traffic conditions
4. Observing and reporting of road conditions
5. Providing certain services to public, handling and keeping traffic flow smoothly.
TYPES OF TRAFFIC PATROL

1. LINE PATROL
2. AREA PATROL
3. STATIONARY OBSERVATIONS-
a. Conspicuous
b. Visible
c. Concealed
A. CARELESSNESS
Carelessness and recklessness are ancient explanation of accidents.
1. Carelessness connotes breakdown of strategy, refers more often to decision that
recognition or performance.
2. Carelessness suggests that observation of a situation were not performed as skillful as the
driver could have made it.
3. Carelessness implies that decisions were not reached or if reached were delayed in
execution/
B. NEGLIGENCE
1. It is more formal and legal way to express almost the same idea as carelessness.
2. In legal practice, negligence has become closely associated with law violence because
law violations are generally prima facie negligence .
a. Other forms of negligence as inattention are very difficult to prove.
C.RECKLESSNESS
1. Recklessness assumes that the driver has perceives a situation and has decided on
strategic action w/c gives only a minimum margin of safety.
2. It is in the decision phase of strategic cycle.
3. Legally it involves the concept of “willful or wanton disregarding for the safety of
persons of property”.
CHAIN OF EVENT

1. Perception of Hazard- is ( seeing, feeling or hearing understanding the usual or unexpected

movement or condition that could be taken as a sign of the accident about to happen.
2. Start of evasive action- the first action taken by a traffic limit to escape from a collision
course or otherwise avoid a hazard.
3. Initial contact- the first accidental touching of an object collided with by a unit in motion.
4. Maximum Engagement- is the greater collapses or overlap in a collision.
5. Disengagement- is a separation of a traffic unit in a motion form on object at which it has
collided.
6. Stopping- coming to rest.
CAUSES OF TRAFFIC ACCIDENT
Anybody who gave a serious thought of preventing an accident have been asking what
causes them. This raises an intersecting question, just what do we mean by “ CAUSES” OF
TRAFFIC ACCIDENT? Let us begin with the idea that a traffic accident is simply to complete a
trip without a damage or injury. To get with cause what went wrong with the trip and why. Can
Start to go wrong with the preparation Too little time to prepare Driver or car in bad condition.
Fault in preparation is likely to make the tri less successful. These operation of keeping a car in
the available path avoiding object in path or taking evasive action, when hazards are recognized.
To be in a favorable condition to take evasive action require what we shall call driving strategy.
Adjustment of speed position in anticipation of hazards that may appear. Hence:
Defects in preparation
Driving strategy
Evasive action may be operational factors, which contributes to the accident.
Successful evasive action may not be possible if possible if car is going too fast or if on wrong
side of the road when hazard is recognized. In these may occur in one or more of three (3) steps:
Recognizing the situation requiring action.
Deciding what action to take.
Performing what has been decided.
If we find at what point or points operations broke down, we will know what operational factors
contributed and that will tell us how the accident happen. But knowing how the accident happens
does tell us WHY to discover this try to find:
Conditions of the road
Conditions of the driver
Condition of the vehicle
These conditions may be deficient because their normal condition has been modified. Several of
each factor are necessary to cause an accident.
IT IS A COMBINATION OF FACTORS THAT CAUSES AN ACCIDENT

Contributing factors combine as the cause. It is hard to think of conditions that are sufficient
to result in an accident. But easy to think of 100 of conditions as contributing factors. A factor is
any circumstances connected with a traffic accident without which the accident could not have
occurred. If a factor can`t produce an accident it should not be considered as a cause. A true
cause will produce the result. Therefore a cause is a combination of simultaneous and sequential
circumstances without any one the accident could not have happened.
SIMULTANEOUS FACTORS- are those which must be present at the same time to cause an
accident.
SEQUENTIAL FACTORS- are actions and conditions which set up situation that increases the
sequent probability of an accident.
OPERATIONAL FACTORS- It is useful to think that accidents and causes is considered as
broken in the operation to make a trip without damage or injury.Use of available path. Entire
area in which a vehicle or pedestrian maneuver. It includes the left half of a two way road,
shoulder of the road and occupied parking area. Avoid crucial event leading to damage or
injury. Rules of road that are risky and require that which is safe, obey traffic rules or adjusted
speed.
EVASIVE ACTION-

HAZARDS- is a risk or chance. A dynamic situation which a crucial event will result if
direction and acceleration of moving objects continue unchanged.
COLLISION COURSE- if space between them is diminishing and the angle between path of
either and line between them is constant.
EVASIVE TACTICS- an operation to perform to escape or mitigate results of the accident.
Breaking may not prevent but will minimize the damage.
SPEED AS A CAUSE OF ACCIDENTS
Speed is frequently debated as a cause of an accident.
Without velocity there would be no motion.
Without motion no accidents.
Speed is considered as a factor in an accident.
An accident is likely to be more serious if speed is high than low.
Adjusting speed – is the most common strategy in driving. When it is too high or too low may
produce one or more of three (3) things:
Makes it impossible to follow the desired curve. Each curve has a:
SAFE SPEED-Is one adjusted to the potential hazards of the road and traffic situation ahead. If
potential hazards are develop into actual one and is perceived promptly a traffic unit can
avoid accident by evasive action. Safe speed is determined by the road than by the driver or
vehicle. If driver unable to take successful evasive action from safe speed, operational factors
of the accident would be faulty evasive action rather than speed.
TRAFFIC ACCIDENT INVESTIGATION
Traffic Accident- Is unexpected circumstances on a road involving two or more motor vehicles
and / or pedestrians resulting to unintended death, injury and or damage to property .
PURPOSES OF TRAFFIC ACCIDENT INVESTIGATION

1.To uncover inadequacies of the roadway, traffic signal, signs, road markings so that it may be
remedied or
safeguarded by traffic patrol and direction.
2. To determine types of violation those are frequently contributing causes so that it can be
remedied by selective
enforcement.
3. To determine the classes of individuals involved in the accident as to its profession or
occupation so that education and enforcement program can be effectively directed/
implemented.
4. To gather all evidences so that they ( both) parties involved can exercise their rights under our
existing laws.
INVESTIGATION RESULTS TO ENFORCEMENT-

Arrest by police for law violation discovered in connection with the accident. It may be for
one of three(3) different kinds of violations:
a. Violations which contributed to the accident such as failure to stop for a traffic signal.
b. Violations to other traffic laws discovered in the course of investigation but which did not
contribute. I.e, driving without a license
c. Violations that are not related to traffic.. ex. Car theft or transporting narcotics
CAUSES OF ACCIDENTS:
1. If a factor cannot produce an accident it should not be considered as a cause.
2. A true cause will produce the result.
3. A combination of factors will produce a cause.
4. Simultaneous factors- are those which must be present at the same time to cause an accident.
5. Sequential factors- recognize different level of remoteness from crucial event of accident.
6. Operational factors- failure to obey traffic laws/ rules

PREPARATION FOR ACCIDENT INVESTIGATION

Scope/ reasons:
Proper preparation will keep you from making unnecessary mistakes, and
Proper preparation will make your investigation more valuable and will save time.
AUTOMOBILE FATALITIES
General-
Injuries inflicted to pedestrian victim:
Vehicles striking victim
Victim striking ground or other object
Vehicle striking over part of victim
Complication resulting from injuries sustained.
Usual injuries
Bumper injuries
Contact of subject with the ground
Usually head
Abrasions, bruises and lacerations to other parts
3.Injuries from vehicle running over subject, which depends on:
a. the part of the body run over
b. weight of the vehicle
c. speed of the vehicle
d. nature of ground underneath
Traffic Accident Investigation

1. Traffic Accident Investigation . Determine WHAT happened, WHO and WHAT was
involved, HOW and WHY the accident occurred, and WHERE it happened.
2. What is a Traffic Accident? . It is an occurrence in a sequence of events which usually
produces unintended injury, death, or property damage.
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on a not-traffic way –
the ordinary collision between automobiles not on a street, road or highway.
4. Motor Vehicle Non-Traffic Accident . Any motor vehicle accident occurring on a non-traffic
way – the ordinary collision between automobiles not on a street, road or highway.
5. Non-Motor Vehicle Traffic Accident. Any accident occurring on a traffic way, involving a
person using the traffic way for travel or transportation, but not involving a motor vehicle in
motion collision between a pedestrian and bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that result in unintended injury or property damage
attributable directly or indirectly to the motion of a motor vehicle or its load. Included are
accidental injuries from inhalation of exhaust gas-fire, explosion, and discharge of firearm
within the motor vehicle when due to motion of the vehicle and railroad train. Excluded are
collision of motor vehicle with an aircraft of watercraft in motion, injury or damage due to
cataclysm, and injury of damage while a motor vehicle not under its own power is being
loaded on or unloaded from another conveyance.
Direct Causes of Vehicular Traffic Accidents:

a. Speed
b. Driver (attitude or behavior)
c. Vehicular malfunctions
d. Road conditions
e. Road hazards
f. Perception factors.
Preliminary Actions
a) When the officer receives the call:
1. When and where the accident occurred.
2.How serious were the injuries
3. Need for ambulance and other equipment

4. Name and address of the person reporting. He may be an important witness.

5. Who witnessed the accident?
6. Is there a traffic block?
7. Arrange for help, if needed – e.g., firetrucks,
8.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.
Duty of a Police Officer in Time of Traffic Accident.
a) Protect life and property
1. Render whatever aid is necessary to the injured persons.
2. Take steps to prevent further destruction (like fire and other hazards).
3. Place warning devices in both directions.
4. Park the police car safely
5. Get all the names of persons present. In case of loss of property belongings to the injured or
dead, you might need these persons to may protect the good name of the PNP.
b) Protect the accident scene.
1. Prevent physical evidence from being lost or destroyed
2. Photograph should be taken before the physical evidence is removed.
3. First things first. Location and position can be marked off first and measurements taken
later.
c) Protect other properties.
d) Determine the cause of the accident.
1. Determine why it has occurred
2. Determine the time and date of the accident
3. Examine the physical evidence
4. Reconcile conflicting situations
5. Determine the conclusion derived from physical evidence
6. Identify evidence regarding the behavior of individual drivers
7. Determine the responsibility of BOTH drivers.
e) Locate drivers and witnesses.
1. Get driver’s licenses.
2. Get the names and other details concerning persons who might have witnessed the accident.
Start with the ones who appear to know something of the accident
3. If the drivers are at the scene of the accident, make it a point to separate them.
f) Interview drivers and witnesses.
1. Conduct each interview separately
2. Do not make conclusions as to the responsibility in the presence of drivers and witnesses.
3. 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
k) Check the road and vehicle conditions
1. Carefully examine road signs, signals, marking, and other traffic control devices.
2. Examine all moving parts of the vehicle
l) Make conclusions on the validity of statements.
m) After leaving the accident scene:
1. Interview the injured at the hospital
2. Get the medical report of the injured persons
B. Calculating Speeds from Skid marks
1. Skid marks as Evidence in Accident Cases. This is useful in several ways other than as
indication of the vehicle’s speed.
a. it will show if the vehicle was traveling in the wrong direction or on the wrong side of the
road.

b. It will indicate if the driver failed to observe the right of way

c. It will also show if the driver did not obey a traffic signal
2. Procedure Followed by the PNP
a. The officer submits as evidence in a case the measurements of the Skidmarks and the Court
interprets the facts in the light of other evidence.
1. Some courts require the assistance of an expert
2. Measurements should be accomplished by two men.
3. Sketches and photographs with measurements indicated should be made soon after the
accident.
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 Skid marks.
a. Should meet legal standards. Officer measuring the skid marks and the distances to
embankment or other fixed constructions should verify teach other’s measurements so that
they can corroborate each other’s/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.
HIT-AND-RUN ACCIDENT INVESTIGATION
1. Elements of Hit-and-Run
a. You must prove suspect was driving the vehicle at the time of the accident. Even if you
have witnesses to prove this, get evidence to corroborate it.
b. Suspect was involved in an accident resulting in death, personal injury or damage to
property
c. Suspect failed to stop, give aid or information as to his identity to other person(s) involved,
to police or to anyone at the accident scene; or failed to the take reasonable steps to notify
the owner of damaged property other than a vehicle. Do not overlook the possibility of a
simulated second accident to explain damage caused by the first accident.
d. Suspect had knowledge of the accident.
1. Physical evidence may prove the vehicle figured in the accident
2. Extent of damage to vehicle. Extensive damage to vehicle would preclude allegation of
lack of knowledge. If suspect refrained from using his vehicle for several days since
the accident, this would also indicate guilt.
3. Guard against claims that the vehicle was stolen to evade responsibility.
2. Classes of Hit-and-Run Drivers:
a. Drunk drivers
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
Obtain the best possible descriptions of the car and driver.
1. A good description may be obtained from partial descriptions given by witnesses.
2. Get the license plate and any unusual features of the vehicle
3. Concentrate on the car’s description first.
4. Dispatch initial description and all subsequent information to the Headquarters and to police
agencies that may assist in spotting and stopping the suspect vehicle.
5. Broadcast descriptions of the suspect car and driver to all police units and offices
6. Try to determine the damage to the fleeing car.

a. Check his clothing; other parts of his body; tire marks, grease, paint chips, fragments, and
such things that might have been left on him by the suspect car.
b. If the victim is killed, get samples of uncontaminated blood from him at the morgue and
samples of hair, skin, etc.
c. Collect and preserve for laboratory examination the clothes, shoes, and other items he was
wearing at the time of the accident.
4. Follow-up Investigation.
a. Interview person living along the route taken by the hit-and-run driver; also operators of
filling stations and garages.
b. Canvass parking lots and other filling station and garages
c. Return to the accident scene at the same time on subsequent days and on the same day of the
following weeks to obtain additional witnesses such as delivery men operating on schedule
routes.
d. Follow up phone calls to garages and dealers of auto parts.
e. Continue appealing for information through the press, radio and TV
5. Search for Suspect Car.
a. Look for physical evidence, such as latent fingerprints, pieces of clothing, marks, damaged
parts, dirt, hair, blood, etc. which will identify the car as that involved in the hit-and-run
accident.
b. Search the undercarriage of the suspect car. Determine also if there is indication of
disturbance in the grease or dirt adhering to it.
c. Make a careful investigation for replaced parts.
6. Interview of Suspect.
a. Obtain s signed statement if you can
b. Get a full account of suspect’s whereabouts and write it down just in case he refutes it later.
c. Approach and apprehend the driver of thesuspect car as soon as his identity and
whereabouts are ascertained.
d. Place the driver in a defensive position by properly directed questions upon approach.
REFERENCES:
 D
DARLITO BERNARD G. DELIZO (2009), Traffic Management and Accident
Investigation (An Instructional Handbook), Quezon City, Philippines, Wiseman’s Book
TYrading Inc.
 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon
City, Philippines, Wiseman’s Books Trading Inc.


CRIME DETECTION AND
INVESTIGATION
SPECIAL CRIME
INVESTIGATION

J.D./2016

SPECIAL CRIME INVESTIGATION
INTRODUCTION:
Criminal investigations are conducted in accordance with the dictates of the law. The
conduct of an investigation is governed by information obtained people, records, and physical
evidence. Victims or witnesses still provide the bulk of facts as to when, where, how, why, and
by whom the crime was committed.
Police science utilizes the methods of natural and related sciences as aid in criminal
investigation. It may be said to have three phases that embraces.
--- the identification of living and dead persons
--- the field work carried out by specially trained crime scene investigators; and
--- the laboratory methods used to examine and analyze physical evidences by the criminalists.
PHASES OF CRIMINAL INVESTIGATION

Criminal investigation is a planned and organized determination of the material facts
concerning a specific crime. It has three—fold aims to accomplish:
1. To identify the victim and perpetrator
2. To arrest the perpetrator; and
3. To provide the evidence of his guilt
STANDARD PROCEDURE IN PROTECTING THE CRIME SCENE

 Preserve the crime scene by preserving all evidence, visible and latent
 Do not permit unauthorized persons to enter the crime scene
 Proper recording of the crime scene
 Drawings of the crime scene to include photos
The investigator must seek to establish the six cardinal rules of investigation:
- What offense was committed?
- By whom the offense was committed?
- Where the offense was committed?
- When the offense was committed?
- Why the offense was committed?
- How the offense was committed?
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.
As per recommendation of the Chief, WACCO to Director, CIDG, only the Director, or
in his absence, his duly appointed OIC, has the full power to give approval on the requested
rescue operation.
The Police Officer should coordinate with the following agencies:

a. DSWD or DOLE;
b. Local Police Unit; and

J.D./2016
c. Barangay Officials, who may join the rescue team
Proper approach by a police officer conducting rescue operations

a. Politely identify yourself;
b. State the purpose of the rescue;
c. Do not use unnecessary force in the conduct of police/rescue operation;
d. In case the victim is female, a female law enforcer should be the one to approach and take
temporary custody of the victim.
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:
o Inability to communicate (comprehension)
o Trauma
o Moodiness
o Failure to recall the exact date, time, and place of incident
o Inconsistency on the account of victim during investigation
o Shame
o Playfulness
Common Problem in Child Abuse (RA 7610)

1. Minors using fake birth certificates to Night Club
2. No centralized coordination with the Local Civil Registry and NSO for the certification of
their birth certificate – Factory and Night Club
3. Wrong advise to the minors by some people especially from parents.
4. Filing of harassment suits by manager/owner of the club against the police by convincing the
minors to file case – Night Club.
5. Media intervention – Night Club
6. Political intervention.
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.
In as much as the majority of these violations involve women and children, it is
absolutely necessary that police investigation be accurate, comprehensive, effective and prompt.
2. Salient Principles of Sex Crimes.

a. It is triggered by emotion. A person who commits a sex 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.
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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:
 Fetishism – object compulsively used in attaining sexual gratification
 Symbolism – the representation of things by use of symbols, especially in fine art or
literature
 A group of symbolists, as in art or literature
 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
 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.
 Sadism – Sexual satisfaction through being humiliated, hurt or beaten.
 Sado-Masochism - inflicts injury and at the same time enjoys having injury inflicted
upon him
3. The Sex Crime Investigator.
a. Get the facts no matter how embarrassing to those interviewed.
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.
d. Understand all the little overtones of sex offenses.
e. Possess interview skills. This may be attained if the investigator understands the crime he
is interviewing about.
f. Have the abilities to analyze and to grasp the significance of details
g. Be a thoroughly capable investigators in all phases of the criminal inquiries.
h. No crime is harder to prove and no crime is harder to disprove than sex crimes. Use good
sense to prove you hit somebody with this charge.
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.
k. Establish reliable informants, especially in places where children gather.
4. Analysis and Evaluation of Every Complaint.
a. The accusation may be an excuse to cover escapades or to secure sympathy.
b. Be particularly analytical of charges made by children (neighborhood drudge). Children
can be mean and vengeful.
c. Look into life, hallucinations, and daydreams. There are those whose dreams assume the
proportion of reality.
d. Martyr complex
e. Desire to be in the limelight (publicity-seekers)
5. Investigative Techniques.
a. Determine patterns (ritualism)
b. Everyone is a suspect.
c. Conduct investigation of all suspects by the Inner-Outer Ring method.
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.

J.D./2016
 Ask a suspect to explain everything he has.

 Search suspect’s car
 Search suspect’s home and office
 Check with suspect’s friends
e. Interview of sex offenders.

 Employment Apathy. 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.
 Show a definite understanding and sympathy.
 The opening is most important. Don’t fumble around. Prepare for it
 Employ ―face-saving‖ whenever possible; such remarks as would help the suspect talk of
the crime without feeling of guilt or shame.
 Privacy in this case is very important because in digging into the mind of the suspect, the
investigator has to ask very personal questions. *
 Explore his mind to find out what kind of a sex offender he is.
 Explore his life for the same purpose.
 You must understand the language of sex offenders if you want to know what they are
talking about.
 Consider the emotional approach method.
 Learn how to listen. *
 DON’Ts in interviewing the victim:
D. INVESTIGATION OF GRAFT AND CORRUPTION PRACTICE CASES.
1. Preliminary Statement -In the investigation of graft and corrupt practices cases, reference
should always be made to Republic Act No. 3019 in relation to Republic Act No 1379. R.A.
3019 enumerates and defines those acts punishable under it whereas R.A. 1379 provides the
procedure for the forfeiture of certain property in favor of the government.
2. Investigation of Unexplained Wealth.
a. Information sheet (IS) of Subject.
b. Records of incomes, allowances, per diems.
c. Statement of incomes, allowances, per diems,
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 Subject’s 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 Subject’s asset and liabilities (net worth) before assumption of public office.
b. Determine the Subject’s sources of income during his tenure of office.
c. Determine the Subject’s expenses (to be deducted from his income) during his tenure of
office
d. Determine the Subject’s assets and liabilities (net worth) after his tenure of office.
e. Determine the Subject’s increase/decrease in assets and liabilities (net worth) after his
tenure of office.
4. When is there illegal Enrichment in Office?

J.D./2016
a. With Subject’s income and expenses constant, an increase in assets without a proportionate
increase in liabilities.
b. Where Subject’s 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.)
E. INVESTIGATOIN OF CASES OF FALSIFICATION

1. Acts of Constituting Falsification under Art 171 of the Revised Penal Code.
a. Counterfeiting or imitating any hand writing, signature or rubric.
b. Causing it to appear that persons have participated in any act when they did not in fact so
participate.
c. Attributing to persons that persons have participated in any act of proceeding statements
other than those in fact made by them.
d. Making untruthful statements in a narration of facts.
e. Altering true dates.
f. Making any alteration or intercalation in a genuine document which changes its
meaning.
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 suspect’s 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 person’s 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.
a. Procedure for Obtaining Collected Standards:
- Obtain at least 15 to 20 genuine signatures.
- If investigation is about other specimens of handwriting or hand printing, secure at least 4
to 5 pages of handwriting or hand printing.
- Procure ink signature for comparison with questioned ink specimens and pencil standards
for comparison with questioned pencil specimens.
-Secure, when available, genuine signatures used for the same purpose as the questioned
documents.
-Supplement standards with the signatures for different purposes.
-Procure standard signatures of approximately the same date as the disputed
documents.

J.D./2016
-If questioned signature was written under unusual conditions, attempt to obtain some
specimens which were executed under similar conditions.
- Secure, whenever possible, some signatures written on forms or paper of the same size as
the questioned documents.
b. Procedure for Obtaining Requested Standards:

1. Obtain at least 25 to 30 specimen signatures.
2. If inquiry pertains to extended handwriting or hand printing, dictate at least 5 to 6 pages of
material, including approximately one page which is repeated three (3) times.
3. If possible, have writer make out specimen checks or receipts aside from his signature.
4.If questioned signatures are in ink, have suspect write with a pen; if in pencil, with a pencil
5. Require suspects to write each signature on separate sheets of paper or form.
6. Provide paper forms of the same size, shape, composition and ruling as the questioned
document.
7. Whenever possible, always interrupt preparation of standards once or twice or rest periods.
8. Provide normal writing conditions. If questioned writing is known to have been executed
under unusual conditions, obtain some standards under similar conditions.
F. HOMICIDE (Generic) INVESTIGATION
IDENTIFICATION PROCEDURE :
a. Identifying the Dead Body / Mutilated Remains
1. Primarily determine WHO WAS THE VICTIM.
2. Secondarily, take notes of the following:
a. Hair j. General Estimate Age
b. Eye Color k. Pierced Ears
c. Teeth l. Beard (and other similar characteristics)
d. Moles m. Racial Pigmentation
e. Tattoos n. Pregnancy Marks
f. Operation scars o. Sex
g. Amputations p. Industrial Marks
h. Birth marks q. Old Injuries
i. Weight r. Height
THE THREE BRIGDES IN HOMICIDE INVESTIGATION WHICH SHALL NOT
BE CROSSED:
1. That the dead body has been moved.
2. The cadaver has been embalmed
3. When the dead person is burned or cremated.
1. Places of Importance.
a. The crime scene. Make a methodical and thorough search
b. Avenues of approach. How did the killer(s) arrive?
c. Avenues of escape. Investigate and search along this route.
d. Places where victim was seen immediately preceding his death. Who was he with? What he
doing? Was this Customary? Get the time.
e. Places where suspect claims he was; places where he was seen prior to, during and after the
crime was committed for the purpose of checking his alibi.
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
f. Time of arrival of police at the scene
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g. Time victim was last known to be alive

h. Times relative to victim’s movement preceding death
i. Times relating to suspect(s) movements.
j. Times relating to police activity
3. Persons of Importance
a. Victim. What is his history? His relationship with other people?
b. Witnesses. Get their statements without delay
c. Suspects. Eliminate them if there is absolutely evidence against them, or thoroughly tie them
to the case by penetrating investigation.
d. Person who reported the crime. Remember that he probably has key information. Check out
his statement.
e. Alibi witnesses. Exhaustive interview is necessary. Check and recheck their stories. Let them
account for their time. Background investigation may necessary.
f. Persons who stand to gain by the death. This is touchy thing. Be circumspect in your
approach.
g. Relatives and other sources of information.
4. Things of Importance.
a. Body of the deceased.
b. Belongings of the deceased. Here, we may find motive.
c. Items of evidence should be legally obtained and carefully preserved.
d. Weapons of transportation.
e. Means of transportations
f. Sounds, shots, screams, arguments, or falling objects.
g. Odors – of gunpowder, distinctive smell of poison, etc.
Terms Encountered in Homicide.

a. Homicide – The killing of one Human being by another.
b. Sororicide – The act of one who kills his or her own sister.
c. Fratricide – The act of one who murders or kills his own brother
d. Matricide – Murder of a mother by her own child.
e. Patricide – The act of one who kill his own father.
f. Parricide – The act of one who murders a person to whom he is related such as his parent,
spouse, or child. This is a generic term.
g. Infanticide – The killing of an infant less than 3 days old
h. Suicide – Taking one’s own life voluntarily and intentionally.
i. Uxoricide – Act of one who murder his wife.
j. Regicide – The killing or murder of a king
k. Vaticide – The murder of a prophet.
l. Euthanasia – Mercy killing or the act or practice of painlessly putting to death persons
suffering from incurable and distressing disease.
m. Aborticide – Act of destroying a fetus in the womb. Better known as ―abortion‖
n. Homicide – Not the killing of a homosexual but a misspelling of homicide.
6. Time of Death Estimates in Homicide Investigations.

a. Algor Mortis (Body Cooling)
General Rule: 1.5 degrees per hour – when room temperature is about 70 degrees.
Dr. Simpson: 25 Degrees an hour for the first 6 hours, and an average of 1.5 to 2 degrees
an hour over the first 12 hours. Dr. Rhodes, Gordon and Turner: 1.5 degrees for the first 12 hours
and 1 degree for the next 12 to 18 hours.
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)

J.D./2016
General Rates (Average clothed adult; observable in small muscles first);

-Detected within 2 to 4 hours.
-Completed within 6 to 12 hours.
-Remains for 12 to 18 hours.
-Begins to leave within 24 to 36 hours.
-Gone by 40 to 60 hours.
Exceptions: There temperature at death: high/low environmental temperature (heat

hastens, cold retards); strenuous muscular activity; emotional excitement.
c. Livor Mortis
Rate:
-Visible – ½ to 4 hours
-Well-developed – 3 to 4 hours
-Maximum – 8 to 12 hours
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); ―Tradieu’s
Spot‖ petechiate (over-congestion of blood in capillaries).
Death due to Gunshot Wound:

 Wounds of Entry- are typical neat round holes with an even gray ring around them and from
which emerges comparatively small quantities of blood.
 Wounds of exit- are much larger than the bullet, are ragged, torn and generally the escape of
blood is much greater than in wounds of entry.
 Contact wound – a dirty looking wound, considerably larger than the diameter of the bullet
and skin edges are ragged and torn.
 Smudging- the wound of entry will show deposit of smoke and soot from the burned powder
producing a dirty, grimy appearance.
 Tattooing- a pattern of unburned powder granules and particles of molten metal from the
bullet is embedded into the skin.
7. Basic Outline for Homicide Investigations.

a. Record the time the call was received as well as the time of arrival at the scene.
b. Ascertain if victim is still alive. Record all first impressions of the scene.
c. IF THE VICTIM IS ALIVE, GIVE FIRST AID.
d. IF THE VICTIM IS ALIVE AND CONSCIOUS, TRY TO GET A DYING
DECLARATION. The declaration must be made under the consciousness of an impending
death. The declaring must have abandoned all hope of living. If possible, the investigator
should ask the following questions and tape the question and the answer of the victim, or at
least obtain a signed statement to that effect, in the presence of witnesses, if possible. It is
enough that the declaring believes that he is dying, when he makes the declaration.
e. Be objective, calm and use your brains. Remember that if the victim is dead, there is nothing
you can do for him, so gather your wits and think through each step before you take them.
f. Protect the crime scene by:
i. Limiting the people present.
ii. Putting one person in complete charge of the crime scene. All officers should report to
him and ask for orders.
iii. Protecting footprints, fingerprints, blood stains, etc., from injury by placing evidence
tags on, or officer near, the evidence to ensure that it will not be destroyed.
g. Do not remove anything until its location and position has been noted and photographed.
The position evidence should be located by some accurate means of measurement.
h. Do not untie knots in ropes and similar items of evidence. If the victim is found hanging, pay
particular attention to the direction of fibers on the rope. Is there a worn spot over a branch
or rafter?

J.D./2016
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 victim’s 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).
x. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs,
telephone, doorknobs, etc.
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:
1. The suspect’s clothing should be photographed, marked, and sent to the laboratory.
2. Any scratches on the suspect should be photographed.
3. Fingernail scrapings should be obtained.
4. Take blood samples from the suspect in a medically approved manner and with proper
legal justification.
5. Take hair samples
6. Acquire handwriting samples when applicable
7. Have the fingerprint technician check the paper money which may have been taken from
the victim’s house for the victim’s fingerprints.
8.Check the suspect’s personal effects very closely for items of evidentiary value.
9. Obtain teeth mark impressions when appropriate.
10. Semen samples in rape or rape with homicide cases should be obtained medically, not
by hand.
11. 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 defendant’s lawyer may later claim that the
clothing was contaminated at the scene of the crime.
d. Attempt to ascertain the following:
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1. The suspect’s mode of living as compared to the amount of his income.

2. The suspect’s 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)
3. 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 suspect’s 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.)
Follow-up Investigation.
POLICY RELEASES NO INFORMATION TO THE PRESS. POLICE HERE
SHOULD BE STAND BY THE CHIEF OF YOUR OFFICE.
11. Court Preparation

G. INVESTIGATION OF KIDNAPPING FOR RANSOM
The word kidnap comes from the two slang words kid ( which means child) and nab (
which means to steal or snatch)
Kidnapping in criminal law, is an offense involving taking and conveying away a person
against his or her will, either by force, fraud or intimidation.
HOSTAGE- is a person held prisoner to force fulfillment of a demand.

STOCKHOLM SYNDROME- is a term used to describe the relationship a hostage can build
with their kidnapper.
MODUS OPERANDI OF KIDNAPPING ( STAGES)

a. SPOTTING
b. SURVEILLANCE
c. RISK ANALYSIS and TARGET SELECTION
d. SEIZING OF VICTIM
e. NEGOTIATION
f. COLLECTION
1. Precautions
a. Avoid any indication that law enforcement officers have been informed of the kidnapping.
b. Avoid publicity of any kind. Knowledge on the part of the kidnappers that the police are
working on the case or that it has become public knowledge could cause them to panic
and to make a wrong decision which could endanger the life of the victim.
c. Contacts by law enforcement officers with relatives of the victim should be in a neutral place
to avoid detection of police investigation.
d. If law enforcement officers are positive that the case in question is kidnapping, and not an
ordinary ―missing person‖ case, investigation especially those relating to the identities of
the suspect, their associates, their habits, activities and movements, their physical
descriptions, etc., should be done with utmost secrecy.
e. If the foregoing step (letter ―d‖) might endanger the life of the victim, it is better to freeze all
investigative activities until the victim’s 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.
c. Covert surveillance of all places where telephone calls were made should be conducted.
Instruct the victim’s relatives to prolong the conversation with the kidnappers to get as much
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information as possible (such as background noise, intonation, peculiarity of speech, caller’s

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:
1. Try to signal someone to listen an extension.
2. Keep the caller online for as long as possible
3. Do not antagonize the kidnapper
4. Give the kidnapper a code word for later identification.
5. Ask:
-Vitim’s name
-Where and when seized
-Victim’s code name
6. Ask to speak to the victim
7. Make a written record of it:
Caller’s age
Sex
Mental State
Peculiarity of speech (lips, accent, etc.)
Exact words used
Time call was received.
Extension received on
8. Notify security office at once.
9. 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. Victim’s 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:
1. To be able to tail the suspect(s) in the hope that he (they) will lead the officers to the
hideout
2. 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.
The kidnapper’s 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.
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7. The Kidnap Victim’s conduct.

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.
H. ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION
A. Estafa and Bouncing Checks

1. Elements of Estafa.
a. That the accused defrauded another by abuse of confidence, or by means of deceit.
1. This element covers the three different ways of committing estafa under Article 315
of the Revised Penal Code. Take note that Art. 315 has three subdivisions,
classifying the different forms of estafa according to the means by which the fraud is
committed, to wit:
2. By means of false pretense or fraudulent acts.
3. Through fraudulent means.
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.
b. That damage or prejudice capable of pecuniary estimation is caused to the offended party of a
third person. This element is the basis of the penalty. It is necessary that the damage or
prejudice e capable of pecuniary estimation because the amount of the damage or prejudice is
the basis of the penalty for estafa.
c. Elements of estafa with abuse of confidence.
1. That there be a false pretense, fraudulent act of fraudulent means.
2. That said pretense, fraudulent act of fraudulent means be made or executed prior to or
simultaneously with the commission of the fraud.
3. 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.
4. That as a result thereof, the offended party suffered damages.
d. Estafa through falsification of public or commercial documents.

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.
2. Estafa through Issuance of Postdating of Check without Funds.

a. Elements
1. 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.
2. 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.
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3. 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 payee’s 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.
B. Bank Fraud Investigation

1. Preliminary Steps:
a. There must be a complaint
b. Ascertain the possible crime committed.
c. Determine the particular bank transaction(s) involved.
2. Investigative Steps.
a. Determine what document(s) is/are needed to prove the offense, if any.
b. Determine where and how to get them
c. Get the document (physically) by electro copying, photographing, etc. without delay.
d. Evaluate and analyze the documents probative value.
e. Determine the person(s) to be interrogated.
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):
b. Telegraphic Transfers:
c. Real Estate Mortgage 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:
e. Time Deposit:
g. Trust Receipt
h. Over Draft Line:
j. Cashier’s Check:
k. Money Market
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

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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.
4. Draft – is a promissory note signed by the client of the bank
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.
. That substantial amounts of inflammable substance or materials not necessary in the
course of the defendant’s 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 correctional 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 than one part of the building or establishment.
_ If substantial amounts 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 actual value at the
time of the issuance of the policy.
- If during the lifetime of the corresponding fire insurance policy, more than two fires
have occurred in the same or other premises owned or under the control of the offender
and/ or insured.
- If shortly before the fire a substantial portion of the effects insured and stored in the
building or property except in the ordinary course of business
- If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of
the victim.
f. Sec. 4, PD 1613 – Special Aggravating Circumstances in Arson -The penalty in any case of
arson shall be imposed in its maximum period:
1. if committed with intent to gain:
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2.. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred toward the owner or occupant of the
property burned;
4. If committed by a syndicate . The offense is committed by a syndicate if it is planned or
carried out by a group of three (3) or more persons.
g. It is a well-settled principle of criminal law that a conviction for a crime cannot be unless the
corpus delicti is established. (State v. Sullivan, 17 L.R. 902). To establish the corpus delicti in
arson, the proof of two elements is required:
1. The burning of the house or other thing, and
2. The criminal group that caused it.
3. Preliminary Investigation.
a. Examination of the fire scene.
1. Examination should be thorough.
2. Establish the corpus delicti by eliminating all natural or accidental causes.
b. Take photographs of the following:
1. Exterior elevations
2. Identification of the property
3. Out-building and grounds.
4. Interior of the building, room by room, in logical sequence.
5. Evidence, prior to removal, in close-up and wide angle shots.
6. Travel of fire and to burn or reduce to charcoal.
c. Sketches
1. 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.
2. 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
1. 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.
2. Evidence containing latent prints should be protected so as not to smudge or destroy the
prints.
3. A letter of instruction should be sent to the laboratory with the evidence, describing the
same and what the investigator expects the laboratory technician to recover via the various
laboratory processes.
e. Preliminary interview with the owners/occupants.
This interview is conducted to ascertain the names of owners/ occupants, insurance date,
employment, etc. Warning: Nothing should be said or implied during this interview to indicate
any suspicion toward the person preliminary contacts may provide a possible clue as to an
accidental fire, or leads on possible suspects and motives.
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
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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 insured’s 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
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f. Juvenile delinquency
B. Reporting Arson Investigation

1. Preliminary Report
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.
j. Fire history
k. Insurance.
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 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.
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 investigator’s 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.
t. Financial reports.
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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 defendant’s name, ages, and addresses. Give the names and addresses of the
court’s presiding 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.
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;
iii. Color of the smoke;
iv. Color of the flame; and
v. Odor of the gases produced.
c. Determine the avenues of approach to and retreat from the area where the bomb exploded.
Explore these avenues for evidence.
d. Mount a saturation interview of all persons who might have notice something bearing on
the bomb explosion.
e. Photographs of potential bombers should be shown to persons who had the opportunity to
see activities in the bomb area before the immediately after the explosion.
3. Follow-up Police Activity:
a. Account for the whereabouts of suspect at the time of the bombing and immediately prior
and subsequent thereto. Informants are useful in this.
b. Start tracing any physical evidence found at the crime scene – for example, dynamite
wrappings, pieces of pipe, electrical devices, pieces of fuse and similar materials. Use of
experts (whenever available) in searching the crime scene in best since they can
recognize potential evidence more quickly and may be able to make investigative
suggestions from what they see at the scene.
c. After experts have determined the type of explosive used, contact users and suppliers of
this particular type for aid in determining the source of the explosive used. Consider also
the possibility that the explosives were stolen.
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.
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i. Do not concentrate all of your time on one suspect.
5. Explosives Investigation Guide.

a. TEAM LEADER
1. Select and assemble personnel and equipment and coordinate with other offices.
2. Conduct scene overview.
3. Determine and establish scene integrity, security and safety.
4. Establish command post and media control
5. Conduct scene walk-through with explosives technician and forensic chemist.
6. Coordinate all personnel and search patterns
7. Assign Immediate Area Search and Investigative units.
8.Assign General Area Search and Investigative units.
9. Manage, evaluate and finalize search and investigative actions.
10. Conduct final scene evaluation conferences.
b. PHOTOGRAPHER
c. Evidence Technician
d. SCHEMATIC ARTIST
e. IMMEDIATE AREA INVESTIGATIVE UNIT
f. IMMEDIATE AREA SEARCH UNIT.
g. GENERAL AREA SEARCH UNIT
h. GENERAL AREA INVESTIGATIVE UNIT
i. FORENSIC CHEMIST
j. EXPLOSIVES TECHNICIAN
B. Safety precautions for the Handling of Home-Made Bombs
1. Preliminary Statement
Upon the discovery of a bomb or a suspected bomb, the function of the private citizen
should ordinarily be limited to warning all persons in the bomb area and notifying the proper
authorities.
The problem presented to the law enforcement officer is much more difficult he is
concerned both with the protection of human life and property, and with the removal of the bomb
menace and subsequent investigation to establish the identity of the perpetrator. However, the
primary importance of human life, including his own, should be the controlling factor in his
efforts to dispose of the bomb. No person other than a trained explosive expert should
attempt to dismantle a suspected bomb.
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
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NOTE: Light metal portable shields are of little value.

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.
5. Moving the Bomb

When it is deemed advisable to remove the bomb rather than explode or burn it where it
is, a number of factors should be considered. It must first be determined, as much as possible,
whether the bomb is a TIME or TRIGGER bomb.
a. Time bomb explodes automatically at a preset time.
b. Trigger bomb may be set off by –
1. Picking it up;
2. Inverting it;
3. Stepping on it;
4. Opening the lid; or
5. 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
d. Conceal or disguised bombs
1. Generally activated by time delay device or by trigger mechanisms
2. Any conceivable object of practicable size can be used to disguise a bomb e.g., gift
packages, cigar boxes, food containers – an infinite number of items.
3. Directed principally against persons
4. Should be handled by explosives experts.
6. Types of Explosives Used in the Construction of Home-Made Bombs.

a. Low-order explosives.
NOTE: These must be ignited by heat, frictions or spark
b. High-order explosives.
1. Various grades of dynamite
2. Blasting gelatin
NOTE: It is necessary to detonate high explosives with a blasting cap to which a fuse is attached
or by an electric detonator. When detonated, the explosive wave produces a high degree of
fragmentation.
REMINDER: Only technical personnel fully acquainted with explosive devices should be
allowed to HANDLE, DISMANTLE and DESTROY.
J.D./2016
K. ROBBERY, THEFT AND CARNAPPING

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 suspect’s motor vehicle, if any
j. Complete description (secure copy registration papers) of victim’s 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 to pay ransom for the car.
n. Some gangs of ―carnappers‖ have their own modus operandi in committing a holdup.
2. Theft and Robbery With Force Upon Things.
a. Purpose: Identifies and apprehend the offenders and recover as much stolen property as
possible.
b. Considerations:
1. Determine the method of approach
2. Reconstruct the offender’s activities at th scene
3. Find out if there were attempts to destroy evidence of conceal the offense
4. Gather evidence on the type of transportation used.
5. Gather evidence to determine the method and route of exit and flight. This may provide
leads to the offender.
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 latter’s consent, or by means of violence against or intimidation of persons, or by using force
upon thins (Sec 2, RA 6539)
b. What are the elements of carnapping?
--Unlawful taking
--Intent to gain
-- Motor vehicle belonging to another
-- Lack of owner’s content
-- Use of violence against or intimidation of persons, or force upon things.
c. What is a motor vehicle?
―Motor vehicle‖ is any vehicle propelled by means other than muscular power using the
public highways, but excepting rollers, trolley cars, street sweepers, sprinklers, lawnmowers,
bulldozers, graders, forklifts, amphibian 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?
1. No license plate number
2. Sporting improvised plate.
3. If the vehicle appears to be abandoned
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4. Sporting a fake license plate or stickers

5. Having no sticker for the current year
6. If the vehicle appears to be haphazardly painted.
7. 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:
1. When the seller offers to register the motor vehicle in behalf of the buyer.
2. When the price is inconceivably below the prevailing market price.
3. If the seller cannot present original copies of supporting documents, i.e. CR, OR,
Deed of Sale, regarding his ownership of the motor vehicle
4. Obviously falsified supporting documents.
5. 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 HPG
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:
b) Clearance for original registration:
c) Clearance for change of motor/chassis/color:
d) Clearance to rebuild/ assemble:
4. (Qualified) Theft of Motor Vehicles. Consider the following:

a) Where the motor vehicle was stolen
b) Time when it was parked.
c) Time the car theft was discovered
d) How was the car possibly taken?
e) Complete description of car. (Get the registration papers, if possible.)
f) If car was stolen from residence, look for footprints, tire marks of vehicle used by suspects,
tools or implements left behind.
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 rogue’s 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:
1. 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
2. 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)
3. If engine and chassis numbers have not been tampered with, trace the owner from whom
they said car was carnapped or stolen
4. 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.
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5. 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.
6. 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.
7. Interview the possessor as the person(s) form whom he acquired the motor vehicle
recovered from him
8. Trace this person(s) for questioning and investigation
9. 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.
10. Check the records of arrested suspects.
Motor Vehicle Accident Investigation (Major Accidents)
A. Traffic Accident Investigation

1. Traffic Accident Investigation. Determine WHAT happened, WHO and WHAT was involved,
HOW and WHY the accident occurred, and WHERE it happened.
2. What is a Traffic Accident? It is an occurrence in a sequence of events which usually produces
unintended injury, death, or property damage.
3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on a not-traffic way –
the ordinary collision between automobiles not on a street, road or highway.
4. Motor Vehicle Non-Traffic Accident . Any motor vehicle accident occurring on a non-traffic
way – the ordinary collision between automobiles not on a street, road or highway.
5. Non-Motor Vehicle Traffic Accident. Any accident occurring on a traffic way, involving a
person using the traffic way for travel or transportation, but not involving a motor vehicle in
motion collision between a pedestrian and bicyclist on a sidewalk, for example.
6. Motor Vehicle Accident. Any event that result in unintended injury or property damage
attributable directly or indirectly to the motion of a motor vehicle or its load. Included are
accidental injuries from inhalation of exhaust gas-fire, explosion, and discharge of firearm
within the motor vehicle when due to motion of the vehicle and railroad train. Excluded are
collision of motor vehicle with an aircraft of watercraft in motion, injury or damage due to
cataclysm, and injury of damage while a motor vehicle not under its own power is being
loaded on or unloaded from another conveyance.
7. Direct Causes of Vehicular Traffic Accidents:

a. Speed
b. Driver (attitude or behavior)
c. Vehicular malfunctions
d. Road conditions
e. Road hazards
f. Perception factors.
8. Preliminary Actions
a) When the officer receives the call:
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.
9. Duty of a Police Officer in Time of Traffic Accident.
a) Protect life and property
b) Protect the accident scene.
c) Protect other properties.
d) Determine the cause of the accident.
e) Locate drivers and witnesses.
f) Interview drivers and witnesses.
g) Take measurements and make diagrams and sketches
h) Identify the precise location where the accident occurred
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i) Obtain equipment to remove damaged vehicle

j) Evaluate physical evidence
k) Check the road and vehicle conditions
l) Make conclusions on the validity of statements.
m) After leaving the accident scene:
n) Action against violators
o) Initiate action on the evidence and file the charges
p) Prepare the report.
B. Calculating Speeds from Skid marks

1. Skid marks as Evidence in Accident Cases.
This is useful in several ways other than as indication of the vehicle’s speed.
a. it will show if the vehicle was traveling in the wrong direction or on the wrong side of
the road.
b. It will indicate if the driver failed to observe the right of way
c. It will also show if the driver did not obey a traffic signal
2. Procedure Followed by the PNP
a. The officer submits as evidence in a case the measurements of the Skidmarks and the
Court interprets the facts in the light of other evidence.
i. Some courts require the assistance of an expert
ii. Measurements should be accomplished by two men.
iii. Sketches and photographs with measurements indicated should be made soon after
the accident.
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 Skid marks with those in the accident.
c. Some would draw conclusions from tests based on physical calculation.
3. Measurement of Skid marks.
a. Should meet legal standards. Officer measuring the skid marks and the distances to
embankment or other fixed constructions should verify teach other’s measurements so
that they can corroborate each other’s/s testimony in court.
b. Evidence should be presented to show that the skid marks were made by the suspect car.
c. Witnesses should testify in court.
HIT-AND-RUN ACCIDENT INVESTIGATION

1. Elements of Hit-and-Run
a. You must prove suspect was driving the vehicle at the time of the accident. Even if you
have witnesses to prove this, get evidence to corroborate it.
b. Suspect was involved in an accident resulting in death, personal injury or damage to
property
c. Suspect failed to stop, give aid or information as to his identity to other person(s) involved,
to police or to anyone at the accident scene; or failed to the take reasonable steps to notify
the owner of damaged property other than a vehicle. Do not overlook the possibility of a
simulated second accident to explain damage caused by the first accident.
d. Suspect had knowledge of the accident.
1. Physical evidence may prove the vehicle figured in the accident
2. Extent of damage to vehicle. Extensive damage to vehicle would preclude
allegation of lack of knowledge. If suspect refrained from using his vehicle for
several days since the accident, this would also indicate guilt.
3. Guard against claims that the vehicle was stolen to evade responsibility.
2. Classes of Hit-and-Run Drivers:
a. Drunk drivers
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
J.D./2016
h. Drug addicts
i. Juveniles
e. The victim
a. Check his clothing; other parts of his body; tire marks, grease, paint chips, fragments, and
such things that might have been left on him by the suspect car.
b. If the victim is killed, get samples of uncontaminated blood from him at the morgue and
samples of hair, skin, etc.
c. Collect and preserve for laboratory examination the clothes, shoes, and other items he was
wearing at the time of the accident.
4. Follow-up Investigation.
a. Interview person living along the route taken by the hit-and-run driver; also operators of
filling stations and garages.
b. Canvass parking lots and other filling station and garages
c. Return to the accident scene at the same time on subsequent days and on the same day of
the following weeks to obtain additional witnesses such as delivery men operating on
schedule routes.
d. Follow up phone calls to garages and dealers of auto parts.
e. Continue appealing for information through the press, radio and TV
5. Search for Suspect Car.
a. Look for physical evidence, such as latent fingerprints, pieces of clothing, marks, damaged
parts, dirt, hair, blood, etc. which will identify the car as that involved in the hit-and-run
accident.
b. Search the undercarriage of the suspect car. Determine also if there is indication of
disturbance in the grease or dirt adhering to it.
c. Make a careful investigation for replaced parts.
6. Interview of Suspect.
a. Obtain s signed statement if you can
b. Get a full account of suspect’s whereabouts and write it down just in case he refutes it
later.
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.
L. PASSPORT AND VISA RACKET INVESTIGATION

Pertinent Provision of the Laws, PD, Memos and Circulars
Republic Act No. 8329 – Philippine Passport and Circulars
Presidential Decree No. 1851 – Amending PD 1623 entitled ―Authorizing the Issuance of
Special Investors Resident Visas to Aliens and for other purposes.
Procedural on Passport and Visa Racket Investigation
1. Gather on Passport and Visa Racket Investigation.

a. Passport documents before conducting a formal interview of subjects:
. Checklist for processing application
. Passport application (FA Form 1)
. Information Sheet
. 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.
J.D./2016
5. who identified the affiant?

6. The notary public or administering officer who notarized the application
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 issue 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.
10. Get the sworn statement of the applicant.
a. Did he/ she personally fill up the application for passport and visa?
b. Did he personally appear for interview at the US Embassy, etc?
c. Get the official receipts issued by the travel agent or agency, which filed the application.
d. Did he/ she
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.
NOTE: If signatures are forgeries, get certifications to this effect.
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.
M. FAKE OVERSEAS EMPLOYMENT RACKET

Pertinent Provision of the Laws, PDs, Memos and Circulars
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;

J.D./2016
Presidential Decree NO. 2018 – Making Illegal Recruitment a Crime of Economic (January 26,
1986)
It re-defined Illegal Recruitment by amending Articles 38 & 39 of the Labor code by

declaring it’s a crime involving economic sabotage when it is committed by a syndicate or is
committed in large scale;
It provides stiffer penalties by making IR punishable by life imprisonment if it involved

economic sabotage.
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.
REFERENCES:
 FELIPE G. MONTOJO (2007); Special Crime Investigation(lesson for Criminology

Students), Mandaluyong, Philippines; National Bookstore
 RICARDO M. GUEVARA & FELICIANO R. ALMOJUELA JR.; Special Crime
Investigation, Quezon City, Philippines, Wiseman’s Book Trading Inc.
 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon City,
Philippines, Wiseman’s Books Trading Inc.

J.D./2016

CRIME DETECTION AND
INVESTIGATION
ORGANIZED CRIME
INVESTIGATION


NOTES ON ORGANIZED CRIME INVESTIGATION
Terms to Ponder:
Abduction with consent- the essential elements of abduction with consent are :
1. The taking away of a maiden over 12 and below 18 years of age;
2. The girl shall have consented to being taken away;
3. The acct shall have been committed with lewd design.
Abuse of right- a principle in the civil law which holds that indemnity for damages may be granted in cases
where there is an abuse of rights.
Accessory after fact- that the accused must not have participated in the criminal design nor cooperated in
the commission of the felony; he must have the knowledge of the commission of the crime; he must
have profited by the effect of the crime.
Accountable public officer- has been duly entrusted with government funds and property.
Agent of authority – all those persons who by direct provisions 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.
Alter- to add, change, substitute or omit something from a pleading or instrument.
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 a particular fact.
Biased evidence- a witness who tends to exaggerate.
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.
Case operational plan- a definite target, specific activity conducted in relation to an intelligence project
under which it is affected.
Certiorari- the extra- ordinary remedy to correct an actuation of a judge who has acted without jurisdiction,
in excess of jurisdiction or clearly in grave abuse of discretion, and not to correct errors of procedures
and/or mistake in the judge`s findings or conclusion.
Complex crime – a single act which constitutes two or more grave or less grave felonies, or an offense
which is necessary means for committing the other.
Continuing offense – a crime in which some acts material and essential thereto occur in one province and
some in other.
Eminent domain- the right of the government to take and appropriate private property to public use,
whenever the public exigency requires it; which can be done only on condition of providing a reasonable
compensation thereto.
Forum Shopping- the act of filing the same suit in different courts. It is an act of malpractice the is
prescribed and condemned as trifling with the courts and abusing their processes.
Habeas Corpus- the means by which a judicial inquiry is made into the alleged encroachments upon the
political and natural rights of individuals, such as restraint of liberty.
In articulo mortis – at the point of death.
In flagrante delicto – in the very act of committing the crime.
Interim – temporary, provisional, of passing and temporary duration, as opposed to permanent and regular.
Ipso facto – by the fact or act itself.
Last clear chance – a doctrine that a person who has the last clear chance to avoid the impending harm
and fails to do so is chargeable with the consequences, without reference to the prior negligence of the
other party.
Motu propio- on its own motion or initiative.
INTRODUCTION
A group at the immigration bureau involved in illegal activities may turn out to be the biggest and
most organized crime syndicate in Asia whose funds “ may dwarf that of any terrorist group or drug cartel in
the region”.
ORGANIZED CRIME is in a class by itself. It`s big, it`s powerful, it`s well connected,and highly profitable.

Mafia is the most common term used to describe the more profitable criminal organizations around the
world, but other terminology includes:
a. International criminal organizations ( military usage)
b. Transnational crime ( United nations usage)
c. And enterprise crime ( FBI usage)
Mafia the name for a loose association of criminal groups, sometimes bound by a blood oath and sworn to
secrecy.
-It is a secret criminal society in Sicily.
-is also as a general term for any underworld criminal organization.
The Mafia is made up of extended kinship groups called Mafiosi and a member is called Mafioso. In
personal quarrels, a Mafioso took the law into his own hands and gained respect by using violence.
Any offense might trigger a campaign of vengeance called a vendetta.
The Origins of Organized crime

According to proponents of alien conspiracy theory, sometime around 1900, a group called the
Black Hand ( a lower east side Manhattan gang modeled after the Silican Mafia ) led by Johnny Torrio,
leader of the Five Points Gang, set up a national syndicate of 25 or so Italian-dominated crime families
calling themselves as LA COSA NOSTRA ( LCN or “ this thing of ours”, also called Mob or Mafia.
The most important five families OF ORGANIZED CRIME are:
- Gambino Family
-Columbo family
-Luchese family
-Bonnano family
-Genovese family
These five the founding “ godfathers”. Meeting throughout the U.S. during the 1920`s and 1930`s
helped settle the differences between Silicians and Italians ( who had always been at odds with one
another), discover ways to settle gang wars nonviolently and maximize profits.
ORGANIZED CRIME UNDER PHILIPPINE LAWS

The Philippines has specific criminal laws that deal squarely with specific crimes. These laws can
be found in our Revised Penal Code and Special Penal Laws passed by the Congress of the Philippines.
There is, however, no law that defines organized crime.
Conspiracy is not a felony per se but only a manner of incurring criminal liability. Article 8 of the
Revised Penal Code states that: “ A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to commit it.” Thus, conspirators share
equal criminal liabilities regardless of their levels of participation.
Anti-Money Laundering Act (AMLA) or Republic Act (RA) 9160 was enacted in 2001, and
amended by RA 9194. Among others, the AMLA criminalizes money laundering and provides for the
penalties therefore, and the freezing and forfeiture of assets. R.A 10365 -Act strengthening AMLA )
DEFINITION OF ORGANIZED CRIME GROUP. The international law enforcement community has
yet to find a universally accepted definition for Organized Crime Group. In the United Nations Convention
against Transnational Organized Crime.
Organized crime group is characterized as a “structured group of three or more persons
existing for a period of time and acting in concert with the aim of committing one or more serious
crimes or offenses established pursuant to this Convention, in order to obtain, directly, or
indirectly, a financial or other material benefit.”
On the other hand, based on the definition adopted by Philippine law enforcement agencies,
organized crime group is a profit motivated and highly capable group of persons or an enterprise organized
to undertake widespread, regular or long term, large scale, high profile and diversified criminal activities
that has high- impact on the economy and national security . The latter definition, in effect, covers wider

range of groups and may include terrorist groups that threaten the security of the state. Nevertheless, a
common denominator exists among these groups as can be deduced from the various definitions, - that is
their common objective to acquire “dirty money” through a premeditated criminal act or acts.
The known traditional OCGs such as the Mafia, Yakuza and the Triads have evolved through
centuries into highly cohesive groups that are rich in traditions of discipline, loyalty and rigid adherence to
the “family” hierarchy. Filipino Organized Crime Group`s are engaged in, among others;
 drug trafficking,
 kidnapping-for-ransom (KFR),
 carnapping,
 robbery/hold-up,
 prostitution,
 illegal gambling and
 smuggling
The following are profiles of selected examples of OCGs in the Philippines:

 Francisco Group which is formerly the Dragon or the Kuratong Baleleng Group, now led by Manuel
Francisco, with 66 members armed with assorted type of high powered firearms and operates in the
cities of Cagayan De Oro, Pagadian and Dipolog, and other neighboring cities and municipalities in the
Mindanao (in southern Philippines), Cebu in Visayas (in Central Philippines), and Metro Manila in
Luzon (in northern Philippines). The group is engaged in robbery/hold-up, carnapping, illegal drugs
trafficking, and smuggling of rice and sugar.
 Pentagon Group headed by Tahir Alonto with around 168 armed members, engaged primarily in KFR
and operates in Mindanao. This group is a creation of the Moro Islamic Liberation Front (MILF). It was
organized not only to generate funds for the latter through illegal means but also insulate the MILF from
accusations that its members are involved in purely criminal acts. Its leader, Tahir Alonto is the former
planning and operations office of the BIAF and the nephew of MILF's Chairman Al Haj Murad.
Relatedly, there are other members of the group who are listed as members of the MILF.
 Lexus Group-a carnapping group with around 37 members operating in NCR, and Regions 3 and 4, all
in Luzon.
 Rex “Wacky” Salud Group - with 30 members operating in Cebu, engaged in illegal gambling and the
Vicviv Yu Group with 16 members operating in Central Visayas and also engaged in illegal gambling.
ORGANIZED CRIME SITUATION

Drugs Trafficking
Shabu in the Philippines mainly comes from Southern China particularly from Guandong and
Fujian. Previously, “ephedra” or “ephedrine” is processed in China and smuggled in the Philippine as
shabu. However, the discovery of a big clandestine shabu laboratory in Cagayan in northern Luzon in 1999
showed that the drug syndicates have also started processing ephedrine into shabu right in the Philippines.
Intensified campaign against illegal drugs resulted in more discoveries of shabu laboratories even in the
National Capital Region.
Kidnap-for-Ransom (KFR)
KFR groups have displayed a higher level of sophistication in their operations. Extensive research
and planning are conducted prior to their operations. Vital data and information are obtained including
inside information about net worth and liquidity of assets of prospective victims, usually Filipino-Chinese
nationals, and his family.
Perpetrators of kidnapping have some peculiar operational style that distinguishes one group from
the other. Some groups prefer fast negotiations with less ransom money involve while others have the
patience and sophistication for prolonged negotiations for a bigger ransom. Kidnapping operations
generally involve the following stages: spotting, surveillance, risk analysis and target selection, abduction of
victim, negotiation for ransom demand and collection of ransom.
Robbery/hold-up
As of October 2003, there are 45 bank robbery incidents recorded nationwide, or one (1) incident
per week, with the perpetrators carting a total loot of around PhP44.8 million. Compared to similar period in

2002, bank robbery incidents increased by 13 percent. Metro Manila or NCR registered the highest with 20
recorded incidents. Operations conducted against these groups resulted in the arrest of 18 persons, to
include 12 members of the Kuratong Baleleng Group who were responsible in the series of bank robberies
in Metro Manila.
Bank robbery groups are considered as the most organized among the crime groups. They are
usually composed of hardened criminals and/or personalities of tested daring capabilities. Members are
trained to follow and executed minute details of a well-planned operation. Usually, all members are heavily
armed and ready to forcibly douse any opposition.
Carnapping
Carnapping activities are on a decreasing trend in the year 2003. A total of 1,968 carnapping
incidents were recorded up to October last year, or decrease of 25 percent compared with similar period of
2002. Metro Manila still accounted for the highest number of recorded incidents.
-Carnappers have adopted various tricks in plying their trade.
-A carnapping gang is usually made up of four to five members with defined areas of responsibility.
-The group has their own financier to bankroll their activities, a skilled forger who is adept at
falsifying the signatures of the owner of the stolen vehicle and officials from the Land Transportation Office.
The newly created Anti-Illegal Drugs-Special Operation Task Force (AIDS-SOTF), composed of
different agencies, came up with Twelve-Point Priority Program of Action to implement EO No 218 that
would create a big impact on the national drug situation and reaffirm the will of government to solve the
illegal drug problems.
To add more teeth to the government anti-kidnapping campaign, the President on October 13,
2003, created the National Anti-Kidnapping Task Force (NAKTF) to lead a national, integrated,
comprehensive and synchronized effort to reduce, if not eliminate kidnapping in the country. The
Department of the Interior and Local Government, the Department of National Defense, the Department of
Justice and the Department of Transportation and Communications play key roles in this multi-agency
force. The task force employs a three-pronged approach to combat kidnapping in the country. This includes
deterrence by sending clear signal of punishment to kidnap syndicates, relentless crackdown of kidnappers
and participation of the citizenry in the campaign against kidnapping.
Division of Labor in organized crime:

1. An enforcer – one who make arrangement for killing and injuring the member or non-member.
2. A corrupter – one who bribes, buys, intimidates, threatens, negotiates and sweet talk into a relationship
with the police, public officials or any one else who might help the member security and maintain
immunity from arrest, prosecutor and punishments.
3. a corruptee- a public official usually not a member of the organization family who can yield influence on
behalf of the organizations interest.
Characteristics of organized crimes:

1. It is a conspiracy activity involving coordination of members.
2. Economic gain is the primary goal.
3. Economic goal is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption
5. Effective control over members, associates and victims.
6. Organized crimes does not include terrorist dedicated to political change.
ADDITIONAL CHARACTERISTICS OF ORGANIZED CRIME

 Conspiracy and Hierarchy – planning, organizing, executing, three or more permanent level of rank
with a division of labor or specialization.
 Ideology of economics- it`s just business, nothing personal; it`s probably more accurate to say they
have no ideology, no politics ; intimidation, violence and coercion are business and profit oriented.
 Perpetuity – the organization is designed to last through time, beyond the lifespan of current members
via a mix of legitimate “ fronts”.
 Monopoly- they often seek total control over a particular turf or industry, seeking goods or services
that are presently illegal or quasi- illicit and that have such a demand that raising price won`t matter.

 Strict discipline- the group controls its members promptly, deadly; there`s a code of silence, secrecy,
extensive rules and regulations.
 Restricted membership- usually on ethnic, kinship, criminal record, or other grounds; applicants need
a sponsor; not anyone can join.
 Immunity from prosecution- the group is interested in corruption, in fixing the criminal justice system.
Generic types of organized crimes

1. Political Graft- manned by political criminals who use force and violence as a means to obtain profit or
gain and or achieving political aims or ambitions.
2. The mercenary/predatory organized crime- crimes committed by groups for direct personal profit
prey upon unwilling victims.
3. In-Group oriented organized crime- group manned by semi-organized individual whose major goals
are for psychological gratification such as adolescent gangs.
4. Syndicates crimes – the organization that participates in illicit activity in society by the use of force,
threat, or intimidation.
The group with a formal structure, whose purpose is to provide illicit services, which are in strong public
demands through the use of secrecy on the parts of the associates.
Essential Composition of Organized Crime

Organized crime needs professional criminals to successfully operate in the organization.
Professional crimes
- refer to occupations or their incumbents, which posses various traits including useful knowledge
that requires lengthy training, service orientation and code of ethics that permits occupations to attempt to
obtain autonomy and independence with high prestige and remuneration.
Characteristics of Professional Crimes (Sutherland)

1. Crime is a sole means of livelihood.
2. Careful planning and reliance upon technical skills and methods.
3. Offenders are of migratory lifestyle.
4. The group shared a sense belongingness, rules, codes of behavior and mutual specialized language.
Characteristics of Professional Crimes (Quinney)

1. Crime is a sole means of livelihood or economic gain.
2. There is highly developed criminal career.
3. There is considerable skill involved.
4. Group of professional career offender.
5. Hard to detect by authorities and able to avoid imprisonment.
Criteria that manifest a syndicate group to be considered organized
1. It is composed of many members at least of hundreds.

2. Its structure is complex as those of any corporation.
3. It is subject to laws more rigidly enforced than those of legitimate government.
4. Its organizations are usually structures
5. Its action are not impulsive, but rather the result of intricate conspiracies.
6. Responsibilities are distributed through long term activities, and
7. Gas highly sophisticated technology.
TYPICAL ORGANIZED CRIME ACTIVITIES

Categories of organized crime:
1. Theft and fraud
a. victimizing business
Example: Hijacking of cargo trucks insurance fraud
b. victimizing individual persons
Example: Car theft(chop2x), credit cards

b. Victimizing state
Example: Money counterfeiting, providing immigrant workers to avoid taxes
2. Providing illegal services and goods
a. loan sharking
b. gambling
c. prostitution
d. arms dealing
e. murder for hire
f. trafficking in human beings
3. Business and labor racketeering
a. casino skimming
b. abusing labor unions- ex. Extortions
c. getting no show and no work jobs
d. monopolizing the supply of immigrant workers with the associated people smuggling.
. Miscellaneous activities
a. money laundering
b. political corruption
c. piracy
Some of the Asian organized Crime Groups

* Triads and Tongs in Hongkong and China
* Yakuza in Japan
* United Bamboo Gang in Taiwan
* Warlords in Myanmar
* Nam Cam gang in Vietnam
China Organized Criminal Groups two forms:

1. Gangs (triads) – work in cooperative ventures involving black market activities, large burglaries, thefts
and hijacking.
2. Criminal syndicate – commonly involved on more sophisticated crimes such as prostitution, illegal
immigration, slavery and other organized forms of vices.
Hong kong Criminal Groups – Wo Sing Wo, and 14 K are only a few of the many triads in Hong Kong
Japan. The Yakuza or Boryokudan, is the most influential organized crime group in Japan.
Cambodia . Chinese and Myanmorese are the major controller of organized transnational activities in
Cambodia.
Republic of Korea. Keandal Emening Scarups – engage in criminal activities and intervene violence in
someway to help the weak and the poor.
Myanmar (formerly Burma)

A country led by a military Junta, which exploits its citizens to forced labor. A country which
produce and supply at 68% of illicit drugs around the globe.
Taiwan Organized Crime Groups

have direct connections with Bamboo Union gangs, it has close relationship with the triad groups
from China and Hong Kong with primary crime activities into drug trafficking, prostitution, child and women
smuggling aggravated by parents who sold their young daughters to criminal groups.
Singapore – the country which has the lowest cases of organized activities due to stringent laws and
severe penalties and the government strong will power for the implementation of laws.
Philippines – considered the heaven for the sex industry, organized criminal groups virtually control every
aspect of the commerce in women and child trafficking.

Thailand- considered the most notorious in the world in terms of sex industry, importing at least one (1)
million women from China, Laos and Vietnam.
Categories of Organized Crime Groups involved in trafficking of human and smuggling of

immigrants.
1. Individual entrepreneurs- this are individuals who traffic one or two children or women and exploit them
on a private basis or those who provide a single service to migrants.
2. From Homemade Business to small enterprises- this range from those that display very rudimentary
forms of organizations through loose trafficking groups with a small number of affiliates to small illegal
groups composed of well organized criminals specializing in the transport of migrants from one specific
country to another using trail and tested routes.
3. Medium and large enterprise- this comprise of very well organized transnational groups, more highly
structured, sometimes in a variety of criminal activities with high level of expertise, run on a broader
geographical basis and invariably operating in more than two countries.
4. Multinational enterprise (international networks) – this includes only the multinationals of trafficking
and smuggling organizations able to transport their immigrants and trafficking victims over thousands
and miles, often through several countries and continents and with logistical bases in various nations.
The trafficking an smuggling business

1. The stages- smuggling usually comes into at least three phases: recruitments, transfer and entrance
into the destination country.
2. The routes- selected friendly routes with state to traffic human beings and smuggle migrants, this
routing have rules of themselves.
3. The victim- the lowest common denominator of all trafficking and smuggling victims is their vulnerability,
which may depend on a set of variable deriving from the fact that a person has no physical, material,
social or psychological resources with which to resist the blandishments of traffickers/smugglers.
Diverse Typologies of Human Victims of Human Smuggling.

1. Poverty stricken
2. Extremely uneducated
3. Common criminals
4. Intellectuals
5. Political dissident
6. Prostitutes
Basic principles of organizing trafficking/smuggling enterprise:

1. Network/alliance and outsourcing - this means that an individual groups consist of a loose networks
of individuals or that of an entire smuggling/trafficking operation is carried out by an articulated network
of crime groups linked by alliances.
2. Division of labor - consist of arranger/investor, recruiter, transporter, corrupt public official or protector,
informer, guide and crew member, enforcer, supporting personnel and specialist, debt collector and
money launderer.
3. Horizontal intermediaries among criminal activities - this happen when the crime group is
endeavoring to diversify its criminal activities in much the same way as an investor diversifies his or her
investments to reduce risk and earn higher profit.
4. Vertical interdependence among criminals (specialization of criminal activity) – this occurs when
organized criminals commit an offense but also perpetrate a series of intermediate or instrumental
crimes as they do so.
5. Using control devices during the exploitation phase – traffickers use several forms of control over
their victims, like seizure of victims identity documents and change to false identity (counterfeit)
violence and menace to undermine the victims confidence, other exploitation controls includes driving
the victims to the workplace, fixing the prices of services, giving the women with exact number of
condoms and collects the victims daily earnings.
ACTIONS TAKEN BY INTERNATIONAL AND NATIONAL LEVEL TO LEVERAGE THE PROBLEMS

1. Repression- the Palermo protocol calls for every nation to enact laws to criminalize trafficking in person,
specially women an children and to ensure that the person attempting to commit, participating in its
commission, or organizing and directing other persons in order to commit it are punished.
2. Prevention- the protocol emphasizes that government should seek to prevent trafficking with various
measures.
3. Protection and assistance- trafficking and smuggling protocols mandated countries to:
a. protect the basic rights of migrants against violence.
b. assist migrants endangered by the smuggling process, with special attention to women and children.
c. allow trafficked victims to remain on their territory temporarily or permanently.
d. provide for the physical, psychological and social recovery of the victim.
R.A. 9208- the Anti-Trafficking in Person Act of 2003. An act to institute policies to eliminate
trafficking in persons especially women and children, establishing the necessary institutional
mechanism for the protection and support of trafficked persons, providing penalties for its
violation and for other purposes.
IACAT- Inter –Agency Council Against Trafficking
R.A. 9208 Sec. 3. Trafficking in person means, in general, and without prejudice to the operative provisions
of the law defining the criminal acts, trafficking in person is best understood by parsing into the acts,
the means and the purpose such as:
Acts:
- recruiting
- transporting
- transferring
- harboring
- receiving persons
Means:
- threat
- use of force
- other forms of coercion
- abduction
- fraud
- deception
- abuse power or position
- taking advantage of the vulnerability of persons
- giving or receiving payments or benefits to achieve the consent of a person who has control over
another.
Purpose:
- prostitution
- other forms of sexual exploitation
- forced labor or services
- slavery
- servitude
- removal or sale of organs
R.A. 9262 – An act defining violence against women and their children, providing for protective
measures for victims, prescribing penalties therefore, and for other purposes
War Crimes- as offense against the law of war that are criminal in the ordinary and accepted sense of the
word. They are to be distinguished from traditional criminal laws by reason of their heinousness, their
brutality, their ruthless disregard for the sanctity of human life, and their wanton interference with rights
of property overreact to reasonably conceived requirements of military necessity.

Some Forms of War Codes and Laws

1. National Code- contains some 159 articles conveying matters such as military necessity, punishment of
crimes against the inhabitants of hostile countries, prisoners of war and spies.
2. The Hague Law- the first was in 1899. The purpose of the conference wears to consider bombing,
dropping of bombs from balloons, the use of poisonous gases and the use expanding bullets, known as
“dumdum bullets” during war.
Second in 1907, provided for the core prisoners of war, flags of truce and the treatment of the inhabitants
and property of occupied territories and prohibit rape and pillage.
Controlling Organized Crimes

a. Law enforcement effort
b. Organization of anti-organized crime measures
c. Community awareness and cooperation
Transnational crime- is an activity that is considered a criminal offense by the at least two countries.
- offenses whose inception, prevention and/or direct or indirect effects involved more than one country.
Transnational- refers to the borders defining territorial boundaries of nations.
Slavery- the submission to a dominating influence or the state of a person who is a chattel of another.
Slave- a person held in servitude as the chattel of another.
White slavery- engagement in the business for profit or enlistment of services of any other person for the
purpose of prostitution.
Piracy- refers to robbery in the high seas and or the unauthorized use of another’s production, invention, or
conception especially in infringement of a copy right.
Smuggling- the act of conveying or introducing surreptitiously or to import export secretly contrary to law
and especially without paying duties imposed by law.
Modern Types of Transnational Crimes:

1. Terrorism as a modern transnational crime
2. Illicit trafficking
3. Computers crimes
4. trans-chemical environmental crimes
5. Drug trafficking
6. trafficking of human beings.
INTERPOL- investigating bodies for transnational crimes. Its uncertain origin 1898-1910
- by the name International Criminal Police organization, an organization established to
promote international criminal police cooperation.
The concept of the two prominent international police organizations as Interpol and the Europol were
geared to thwart the sophisticated groups of criminals, there is the urgent need for international police
cooperation.
Scam- refers to very broad spectrum of illegal activities committed which has a wide negative effect.
Type of Corruptions:
Grass eaters-extended to those that take bribes, gratuities and unsolicited protection money.
Meat eaters- those that participate in shakedowns “shopped” at burglary scene.
Slippery slope- this idea suggest that when people start to deviates, they do so in small incremental ways.
Graft- refers to exploitation of one’s role by accepting bribes or protection money.
Classification of Assassins
a. Political assassins- commit their act for political reasons
b. egocentric assassins- person with an overwhelming and aggressive egocentric need for acceptance,
recognition and status.
c. Psychopathic assassins- are unable to relate to others these emotional cripples direct their perverse
rage at popular figure.
d. Insane assassins- mental illness

Methods of wiretapping
a. hard wiretapping – physical access to the telephone
b. soft wiretapping- involves software to run the telephone
c. record wiretapping- simply calls for installing a voice activated tape recorder into the telephone lines
d. transmit wiretapping- use transmitter bugging machine connected to telephone line.
R.A. 8372- Laws against computer crime also known as electronic commerce act of 2000.
Computer crimes- are crimes committed through the use of computer or by means of computer.
 Computer hacking
 Computer fraud
 Pornography
Virus- is a program that disrupts or destroys existing programs and networks, causing them to perform the
task for which the virus was designed.
Logic bombs- a set of instructions secretly inserted into a program that is designed to execute if a
particular condition is satisfied.
Rodney Stork- believes that religion is a form of belief which is evident in highly structured societies.
International Kidnapping- to keep the world critics dumb and blind, its hide behind the facades of
orchestrated events to radiate an aura of saving people and to deodorize its hidden agenda.
Terrorism in Philippines- R.A 9372- Human Security Act of 2007. Made effective May 15, 2007.
Crimes:
Art.22- Piracy in General and Mutiny in the high seas.
Art. 134- Rebellion or Insurrection
Art. 134-a.Coup d`etat
Art. 324- Crimes involving destruction
PD 1613 – the Arson Law
R.A 6969- Toxic substances and Hazardous and Nuclear waste control act 1990.
RA 5207 – Atomic energy regulatory and liability act of 1968.
R.A 6235- Anti- Hijacking Law
P.D- 532 – Anti- piracy and Anti-highway Robbery of 1974
P.D 1866 – decree codifying the laws on illegal and unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms.
Common terms related to terrorism:

a. National terrorist- used to define almost all illegal acts of violence committed for political purpose by
clandestine groups.
b. Transnational terrorist- who operates across national boarders, whose actions and political aspirations
may affect individual of more than one nationality.
c. International terrorist- who are controlled by and whose actions represents the national interest of a
sovereign state.
Crimes against Humanity-

Is international crime and is distinguished from a domestics crime on the basis that its breach is
common to the whole of the international community and as a consequence invokes international
jurisdiction rather than just the individual victims, that essentially characterizes crimes against humanity.
 Murder
 Extermination
 Enslavement
 Deportation
 Rape
Genocide- it operates to exclude many victims of mass killing and would freeze the crime as an event in
history.

Cult- an organization brazed with spiritual or ethical belief- suggested the being the first stage of
development into religion.
Sect – groups which believe on unorthodox rituals crafted from the religious ideology.
Crime by Government comes in so various means such proactive support for police operation throughout
the world.
The International notices

 Red Notices- based on national arrest warrants are to seek the arrest or on there are used to seek
the arrest and extradition of suspects.
 Blue notices – are used to seek information on the identity of person or on their illegal activities
related to criminal matters.
 Green Notices- are used to provide warnings and criminal intelligence about persons who have
committed criminal offenses and who are likely to repeat these crimes in other countries.
 Black Notices- are used to determine the identity of deceased person.
Political Ideology- the body of ideas reflecting the social needs and aspiration of an individual or group, a
class or a culture.
Bovier defined- a set of doctrines or beliefs that form the basis of a political, economic or other system.
 Cooper 1978- terrorist engage in all types of crimes, but their purpose is not criminal.
 Liqueur 1999- terrorist behavior does not remain constant; terrorism is not a psychological
phenomenon.
 Jerkins 1998- terrorism is situational defined, terrorism is frequently involves criminal activity, terrorist
are not typical criminals, they commit crimes for political purposes.
 Jeffrey Ian Ross 1999- argues that terrorism involves violence but criminal behavior is a result of
political and social circumstances.
 Richard Dichotomy of Terrorism- international terrorism crosses national boundaries.
Points towards an ideological globalism ignoring a world divided by national frontiers.

Terrorism- a system use of terror as means of coercion and threat.
Different Types of terrorism:

Anti- colonial terrorism- known as bureaucratic language as asymmetric terrorist formulated their own
theories of anti- colonial revolution and based much of their activity on earlier revolutionist.
Ideological terrorism- terrorist of the left and later the right used rhetoric of anti- colonialism, but their
targets were the economies and social symbols of western democracies.
Religious Terrorism- introduced a cosmic dimension to violent political struggle according to mark
Juergens Meyer- terror in the mind of God.
Root causes of terrorism:

1. Political ideologicalism- the body of ideas reflecting the social needs and aspiration of an individual or
group a class or a culture.
2. Religious Fanaticism- according to Ninian Smart- religion is a complex phenomenon with many
definitions as there authors articulating its methodology and theology.
Diverse typologies of Human Victims of Human Smuggling

1. Poverty stricken
2. Extremely uneducated
3. Common criminal
4. Political dissident
5. Prostitutes
Europol Distinction of types Of victims:

1. Exploited victims- those who have worked in sex industry in their own country and are recruited for
similar work in the destination country.

2. Deceived victims- consist of women recruited to work in the service or entertainment industry of the
destination country.
3. Kidnapped victims- women who have been kidnapped and are therefore unwillingly from the outset.
Basic principles of Organizing Trafficking/ Smuggling Enterprise

1. Network/ Alliance and outsourcing- this means that an individual groups consist of a loose
networks of individuals or that of an entire smuggling/ trafficking operation is carried out by an
articulated network of crime groups linked by alliances.
2. Division of Labor- consist of arranger/ investor, recruiter transporter, corrupt public official or
protector, informer, guide and crew member, enforcer, supporting personnel and specialists, debt
collector and money launderer.
3. Horizontal intermediaries among criminal activities( diversification) – this happen when the
crime group is endeavoring to diversify its criminal activities in much the same way as an investor
diversifies his or her investments to reduce risk and earn higher profit.
4. Vertical interdependencies among criminals( specialization of criminal activity)- this occurs
when organized criminals commit an offense but also perpetrate a series of intermediate or
instrumental crimes as they do so. The commission of a crime of particular importance is this flanked
by a chain of concomitant offenses. In the case of trafficking of human beings for sexual exploitation,
a series for sexual exploitation a series of crimes are committed and linked together to profit from the
exploitation. It includes counterfeiting of documents, corruption of public officials, the use of compliant
individuals who aid and abet traffickers by proving food and lodging for the women trafficked, and
breaches of the laws on legal immigration. All this displays a pattern of specialization.
5. Using control devices during the exploitation phase- traffickers use several forms of control over
their victims, like seizure of victims identity documents and change to false identity( counterfeit);
violence and menace to undermine the victims confidence; other exploitation controls includes driving
the victims to the workplace, fixing the prizes of services giving the women with exact number of
condoms and collects the victims daily earnings.
Actions taken by International and National level to leverage the Problem

1. Repression- the Palermo protocol calls for every nation to enact laws to criminalize trafficking in person,
specially women and children and to ensure that the person attempting to commit, participating in its
commission or organizing and directing other persons in order to commit it are punished. The Palermo
convention also envisages the eliminations of safe havens for migrants smugglers and fast –track
prosecution of offenders.
2. Prevention- the protocol emphasizes that government should seek to prevent trafficking with various
measures. Information campaigns should be drafted and implemented and should be focused on
informing potential victims of the cause and consequences of trafficking, the practice of trafficking
And the risk they may face, sate parties are then required to take steps, also through bilateral unilateral
cooperation to reduce vulnerability of persons specially women and children.
3. Protection and Assistance- trafficking and the smuggling protocols mandated countries to
a. protect the basic rights of immigrants against violence.
b. assist migrants endangered by the smuggling process, with special attention to women and
children.
c. Allow trafficked victims to remain on their territory temporarily or permanently.
d. provide for the physical, psychological and social recovery of the victim.
Philippine Law against Human Trafficking

R.A.9208 – The Anti Trafficking in person Act of 2003
Approved May 26,2003
Purpose:
a. Protection of persons against any threat of violence and exploitation
b. The elimination of trafficking in person
c. Mitigating the pressures for involuntary migration and servitude
d. Ensuring the recovering, rehabilitation and integration of trafficked persons.

Sec. 3 Trafficking in person means, in general and without prejudice to the operative provision of the
law defining the criminal acts, trafficking in person is best understood by parsing into acts.
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The
recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall
also be considered as "trafficking in persons" even if it does not involve any of the means set forth in
the preceding paragraph.
(b) Child -refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition
(c) Prostitution refers to any act, transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slaveryrefer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services
is not clearly defined or when the value of the services as reasonably assessed is not applied toward
the liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Sec. 20 of this Act.Sec.
4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit
any of the following acts:(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling
or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;(c) To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;(d) To undertake or
organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing
and offering persons for prostitution, pornography or sexual exploitation;(e) To maintain or hire a
person to engage in prostitution or pornography;(f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines
or abroad.
Sec. 5. Acts that Promote Trafficking in Persons- The following acts which promote or facilitate
trafficking in persons, shall be unlawful:(a) To knowingly lease or sublease, use or allow to be used any

house, building or establishment for the purpose of promoting trafficking in persons;(b) To produce,
print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and
certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;(c) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;(d) To assist in the conduct of misrepresentation or fraud for purposes
of facilitating the acquisition of clearances and necessary exit documents from government agencies
that are mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;(e) To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local airports, territorial boundaries and seaports who
are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting
trafficking in persons;(f) To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or appropriate agencies; and(g) To
knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to
a condition of involuntary servitude, forced labor, or slavery.
Sec. 6. Qualified Trafficking in Persons. The following are considered as qualified trafficking:
a) When the trafficked person is a child;
b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
Sec. 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this
Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy of the trafficked person and the accused.
Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial.
The name and personal circumstances of the trafficked person or of the accused, or any other
information tending to establish their identities and such circumstances or information shall not be
disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer in case of
television and radio, producer and director of a film in case of the movie industry, or any person utilizing
tri-media facilities or information technology to cause publicity of any case of trafficking in persons.
Sec. 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any
offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.
Sec. 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the
time of the commission of the offense: Provided, That the court where the criminal action is first filed
shall acquire jurisdiction to the exclusion of other courts.

Sec. 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Sec. 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Sec. 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Sec. 6 shall suffer the penalty of life imprisonment
and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Sec. 7 hereof shall suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer
who participated in the commission of the crime or who shall have knowingly permitted or failed to
prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or
any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner
or manager thereof shall not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other
similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for
by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction, be dismissed
from the service and be barred permanently to hold public office. His/her retirement and other benefits
shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Sec. 11. Use of Trafficked Persons.- Any person who buys or engages the services of trafficked persons
for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).
Sec. 12. Prescriptive Period- Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Sec. 6
shall prescribe in twenty (20) years.
Criminological types of organized crimes;

1. traditional crime syndicates - patron client networking..this type of organized crime is controlled by one
family or relative by blood.
2.Non- traditional crime syndicates- bureaucratic… each member have potential to become a leader.
3.Semi- organized crime syndicates- pertain to a gangs
4. Politically controlled organized crime- manned by politics criminals for achieving political aims and
ambition.
Categories of organized crime group involved in trafficking of human and smuggling of immigrants.
1. Individual Entrepreneurs- ( amateur smugglers or traffickers)- this are individuals who traffic one or two
children or women and exploit them on a private basis or those who provide a single to migrants, these
are occasional smugglers who profit small sums by supplying nation and international transportations.

2. From Homemade Business to small Enterprises this range from those that display very rudimentary
forms of organizations though loose trafficking groups with a small number of affiliates to small illegal
groups composed of well organized criminals specializing in the transport of migrants from one specific
country to another using trail and tested routes. These criminal groups are more specialized than
occasional smuggles their influence is limited to a small number of countries, usually only two.
3. Medium and large enterprises - this comprise of very well organized transnational groups, more highly
structured, sometimes in a variety of criminal activities with high level of expertise, run with on a
broader geographical basis and invariably operating in more than two countries.
4. Multinational Enterprise- this includes only the multinationals of trafficking and smuggling organizations
able to transport their immigrants able to transport their immigrants and trafficking victims over
thousands of miles, often through several countries and continents and with logistical bases in various
nations.
The Trafficking/ Smuggling Business shall have the following:
1. the stages – phases
a. recruitment
b. transfer
c. entrance into the destination
2. The routes- selected friendly routes with soft sate to traffic human being and smuggling migrants, this
routing rules of themselves;
a. tested routes- these are determined through criminal expertise, less risky countries and borders
with opportunistic countries;
3.The victim- the lowest common denominator of all trafficking and smuggling victim is their vulnerability,
which may depend on a set of variable deriving from the facts that a person has no physical, material,
social or psychological resources with which to resist the blandishments of traffickers/ smugglers.
REFERENCES:
 HOWARD ABADINSKY (2007), Organized Crime 8th Edition, Singapore, Thompson Learning.
 MARIO A. GARCIA (2009), Organized Crime Investigation-A learning Series for Criminal Justice
Students and Practitioners, Wiseman’s Book Trading Inc.
 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon City, Philippines,
Wiseman’s Books Trading Inc.


CRIME DETECTION AND
INVESTIGATION
DRUG EDUCATION AND VICE

CONTROL

DRUG EDUCATION AND VICE CONTROL
1. ADIMINISTER- any act of introducing any dangerous drug into the body of any
person, with or without his/ her knowledge, by injection, inhalation, ingestion or other
means, or of committing any act of indispensable assistance to a person in administering a
dangerous drug to himself/ herself unless administered by duly licensed practitioner for
purposes of medication.
2. BOARD- refers to the Dangerous Drug Board under Section 77, Article IX of this act.
3. CENTER- any of the treatment and rehabilitation centers for drug defendents .
4. CHEMICAL DIVERSION- the sale, distribution, supply or transport of legitimately
imported, in transit , manufacture or procured controlled precursors and essential chemicals,
diluted, mixtures or in concentrated form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall include packaging, repackaging, labelling,re
labelling or concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
5. CLANDESTINE LABORATORY- any facility used for the illegal manufacture of any
dangerous drug and/ or controlled precursor and essential chemical.
6. CONFIRMATORY TEST- an analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific w/c will validate and confirm
the result of the screening test.
7. CONTROLLED DELIVERY- the investigative technique of allowing an unlawful or
suspect consignment of any dangerous drug and/ or controlled precursor and essential
chemical, equipment or paraphernalia, to pass into, through or out of the country under the
supervision of an authorized officer, with a view to gathering evidence to identify any person
involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.
8. CULTIVATE OR CULTURE- any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the source of dangerous
drug.
9. Chemical abuse it is an instance when the use of chemical has produced negative or harmful
consequences.
10. DANGEROUS DRUGS- including those listed in the schedules annexed to the 1961 Single
Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the A1971 .
11. DELIVER- any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
12. DEN, DIVE, OR RESORT- A place where any dangerous drug / or controlled precursor
and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold
or used in any forms.
13. DISPENSE- any act of giving, selling or distributing medicine or any dangerous drug with
or without the use of prescription.
14. DRUG DEPENDENCE- as based on the WORLD HEALTH ORGANIZATION
definitions, it is a cluster of physiological, behavioural and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes on a high priority thereby involving,
among others, a strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance- taking behaviour in terms of its onset, termination, or
levels of use.
15. DRUG SYNDICATE- any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense.
16. EMPLOYEE OF DEN, DIVE, OR RESORT- the caretaker, helper, watchman, lookout
and other persons working in the den, dive or resort, employed by the maintainer, owner and
/ or operator where any dangerous drug and / or controlled precursor and essential chemical
is administered, delivered, distributed, sold or used, with or without compensation, in
connection with the operation thereof.

17. FINANCIER- Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities.
18. ILLEGAL TRAFFICKING- the illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation
and possession of any dangerous drug and /or controlled precursor and essential chemical.
19. INSTRUMENT- anything that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.
20. CANNABIS OR COMMONLY KNOWN AS „ MARIJUANA‟ OR INDIAN HEMP -
embraces every kind, class, genus, or specie of the plant CANNABIS SATIVA L. Including ,
but not limited to, Cannabis Americana, hashish, bhang, guaza, churrus and ganjab and
embraces every kind, class and character of marijuana, whether dried or fresh and flowering
or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or any form.
21.Natural drugs –include natural plant leaves, flowering tops, resin, hashish, opium and
marijuana.
22.Manufacture – the production, preparation, compounding or processing a dangerous drug
either directly or indirectly or by extraction from substances of natural origin or by chemical
synthesis.
23.Methylenedioxymethamphetamine (MMDA) or commonly known as “ Ecstasy”, or its any
other name. Refers to drug having such chemical composition, including any of its isomers or
derivative of any form.
24.Methamphetamine Hydrochloride or commonly known as “ Shabu‟, „ ice‟ “meth”, or by its
other name. refers to the drug having such chemical composition, including any of its
isomers of derivatives in any form.
25.Opium- refers to the coagulated juice of the opium poppy ( papaversomniferum L) embraces
every kind, class , and character of opium, whether crude or prepared; the ashes or refuse of
the same, narcotic preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an ingredients;
opium poppy; opium poppy straw; and leaves or wrapping of opium leaves, whether prepared
for use or not.
26.Opium poppy- refers to any aprt of the plant of the species papaversomnifreum L., papaver
setigerum DC, papaverorienttale, which includes the seeds, straw, branches, leaves or any
part thereof, or substances derived therefrom, even for floral, decorative and culinary
purposes.
27.Over the counter drugs(OTC)-are non prescription medicines, which maybe purchased
from any pharmacy or drugstore without written authorization from the doctor.
28.PDEA- refers to the Philippine Drug enforcement Agency
29.Person- any entity, natural or judicial, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other
unincorporated organization or group, capable of acquiring rights or entering into
obligations.
30.Planting of evidence- the willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or dangerous drug, and/or controlled precursor
and essential chemical in the person, house, effects or in the immediate vicinity of an
innocent individual for the purpose of implicating, incriminating or imputing the commission
of any violation of this Act.
31. Practitioner- any person who is a licensed physician, dentist, chemist, technologist, nurse,
midwife, veterinarian or pharmacist in the Philippines.
32. Protector/ coddler- any person who knowingly, and wilfully consents to the unlawful acts
provided for in this Act and uses his/ her influence, power or position in shielding,
harbouring, screening or facilitating the escape of any person he/ she knows, or has
reasonable grounds to believe on or suspects, has violated the provisions of this Act in order
to prevent the arrest, prosecution and convictions of the violator.
33. Pusher- any person who sells, trades, administers, dispenses, delivers, or gives away to
another on any terms whatsoever, or distributes, dispatches in transit or transports dangerous
drugs or who acts a broker in any of such transactions, in violations of this Act.
34. Republic Act 6425- an Act known as the Dangerous Drug Law of 1972.

35. Republic Act 9165 – an Act known as the Comprehensive dangerous drugs Act of 2002.
36. Rehabilitation – it is a dynamic process directed towards the changes of the health of the
person to prepare him from his fullest life potentials and capabilities and making him law
abiding and productive member of the community without abusing drugs.
37. Synthetic/artificial drugs-are produced by clandestine laboratories which include those
drugs that are controlled by law because they are use in the medical practice.
38. School- any educational institutions, private or public, studies at defined levels, receiving
instructions from teacher`s, usually located in a building or a group of building in a particular
physical or cyber site.
39. Screening test- a rapid test performed to establish potential presumptions positive result.
40. Sell- any act of giving away any dangerous drug and or controlled precursor and essential
chemical whether for money or any other consideration.
41. Self medication syndrome-is found in users and would be users of drugs whose sources of
information are people or literature other than doctors, pharmacists and health workers.
42. Trading- transactions involving the illegal trafficking of dangerous drugs and / or controlled
precursors and essential chemicals using electronic devices such as, but not limited to text
messengers and chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
43. Tolerance –it is the tendency to increase dosage of drugs to maintain the same effect in the
body.
44. Treatment – a medical service rendered to client for the effective management of his total
condition related to drug abuse
45.Use- any act of injecting, intravenously or intramuscularly of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, any of the dangerous drugs.
WHY DO PEOPLE TURN TO DRUGS?

There are various reasons – ranging from the reason that “medicines” can solve problems,
to widespread access to various drugs, to “peer pressure” to the notion that drugs give enjoyment
to users and in the context that is used as an alcoholic substitute.
WHAT DRUGS ARE COMMONLY ABUSED?

Drugs that are commonly abused depending on their pharmacological effects may be
classified into:
a) Stimulants – drugs which increase alertness and physical disposition. Examples:
Amphetamine, Cocaine, Caffeine, Nicotine.
-also called “uppers”
-examples are: shabu, ecstacy, cocaine,
b) Hallucinogens (also called psychedelics) – drugs which affect sensation, thinking, self-
awareness and emotion. Changes in time and space perception, delusions (false beliefs) and
hallucinations may be mild or overwhelming, depending on dose and quality of the drug.
Examples: LSD, Mescaline and Marijuana.
c) Sedatives – drugs which may reduce anxiety and excitement. Examples: Barbiturates, Non-
barbiturates, Tranquilizers, Alcohol.
d) Narcotics – drugs that relieve pain and often induce sleep. Examples: Opium, and its
derivatives such as Morphine, Codeine, Heroin.
HOW CAN YOU TELL WHEN ONE ABUSING DRUGS?

A lot of changes – in behavior, in appearance and in mood-occur in a person who is
abusing drugs. Sudden changes occur in the person‟s disposition from pleasant to unpleasant.
Thus He –
* is often associated with known drug abusers
* is irritable, discourteous, defiant and aggressive
* is untrustworthy and lacks self-confidence
* is unhealthy and unconcerned with good grooming
* has a low frustration tolerance
* lacks interest in his studies/work

* blames everybody but himself for his problems

* prefers his “barkada” where he feels accepted
* frequently goes to odd places (to take drugs)
* unusually wear sunglasses at inappropriate time
* unusual borrowing of money and at times stealing various items
* has abrupt changes in attendance ins school or at work
* develop changes in normal capabilities in school/work
Malnutrition.
The lives of drug dependents revolve around drug abuse. They miss their regular meals
because they lose their appetite.
Panic Reaction.
The loss of thought processes can cause panic reactions or feelings of invulnerability.
Both of these states can lead to injury and death. The prolonged harmful reactions include
anxiety and depressive states, or breaks with reality which may last from a few days to months.
Physical Damages.
In addition to those diseases which accompany the use of unsterile syringes and
contaminated drugs may cause certain medical problems. Liver and kidney damage may result
when large quantities are taken. Many who abuse drugs also neglect personal hygiene, which
can lead to multiple health problems. Kidney failure, hepatitis, drastic weight loss, and vitamin
deficiencies are some of the adverse physical complications.
The life of drug abusers is dreadful one. To support the habit they resort to committing
crimes like stealing, prostitution and gambling, which hamper their emotional maturation.
WHAT CAN A PERSON DO TO PREVENT DRUG ABUSE?

- Maintain good physical and mental health.
- Use drugs properly. Most drugs are beneficial when used under medical advice.
- Understand your own self. Accept and respect yourself for what you are.
- Develop your potentials. Engage in wholesome, productive and fulfilling activities.
- Learn to relate effectively to whom you can communicate your problems freely.
- Learn to cope with your problems and other stresses without the use of drugs.
- Seek professional help if you feel you cannot cope with your problems.
- Develop strong moral and spiritual foundations.
WHAT IS INHALANT ABUSE?

Inhalant abuse is the deliberate inhalation of volatile chemical substances that contain
psycho active (mind/mood altering) vapors to produce a state of intoxication.
WHY INHALANT ABUSE DANGEROUS?

It will cause permanent damage to the brain or may result in “Sudden Sniffing Death.
Abusers under the influence of inhalants are prone to accident. Several inhalants have
died from road accidents, drowning, falling from building etc. (after sniffing glue).
Abusers can also become violent.

* Inhalant abuse produces psychological dependence. Once the habit is formed, the dose has to
increased gradually to produce the same effect.
IMMEDIATE EFFECTS
* Confusion / Disorientation
* Distorted perception of time and distance
* Aggressive behavior / violence
* Hallucination
* Illusions
* Nausea and vomiting
* Drowsiness and weightless

DELAYED EFFECTS
* Loss of memory
* Inability to think
* Muscle cramps and weakness
* Numbness in limbs
* Abdominal pains
* Damage to the central nervous system, kidneys, liver and possible bone marrow
WHY DO YOUNG PEOPLE ABUSE INHALANTS?

* Curiosity (to experiment/experience)
* Boredom
* Frustration (due to personal / family / school problems
* Poor self-image
* Weak personality (unable to cope with stress, conflict, etc.)
* Lack of parental guidance
HOW TO DEAL WITH “PEER PRESSURE”

We all care what other people will think about us. We want to be accepted and be part of
the crowd.
When you are young the influence of the people your own age is especially powerful and
affects the way you feel, dress and behave.
Peer group pressure is one reason of people are able to live in groups.
The influence of people on one another can help them do useful and healthy things.
However, the same pressure can influence people to do other things, like using drugs. If
your friends or someone you know pressures you to use drugs, saying “no” can be hard because
you want them to like you and accept you as a part of the group.
But peer pressure can also be a positive thing. Peers can be a powerful influence in
preventing drug abuse by helping one another to say “no” to drugs.
HOW CAN I AVOID INHALANT ABUSE?

Learn say “NO” and ask for help. Close friends are important but you don‟t have to do
everything your friends do to remain friends. Real friends will accept you whether you take
drugs or not.
Learn to talk to people about your problems. Don‟t bottle things up inside-cry, shout,
laugh, feel sad about your problems.
Learn to relax. Give yourself time for:
* physical exercise and sports for relaxation
* Meditation
* Using music to relax
* Bodily relaxation techniques like yoga
* Learn to find new interest. Find out what you like doing, what other people like doing. Meet
new people. Go to new places, put yourself in new situations.
MOST COMMONLY ABUSED DRUGS

• SHABU (Metamphetamine Hydrochloride)
- more commonly called “shabu”
- also called “poor man‟s cocaine” because it is cheaper than cocaine
- first synthetic stimulant developed by the Japanese
- originally called “kakuzeizai”, from the Japanese term “kakuzei”, which means
“waking” and “zai”, which means drug
- “shabu” = waking drug
- white, colorless crystalline substance with a bitter, numbing taste
- can be ingested, snorted or injected (intravenous or intramuscular)
- the following are its immediate effects:
1) produces anxiety, irritability, irrational behavior, talkativeness and loss of self-control
2) loss of appetite and inability to sleep

3) produces violent and destructive behavior and recklessness

4) produces chest pain, irregularity of heartbeat and hypertension the following are its
long term effects:
1) psychosis
2) convulsion
3) death from cardiac arrest
GENERAL FACTS
Shabu is the street name for the chemical substance known as methamphetamine0. It is also
popularly known as “poor man‟s cocaine”. Other slang names are “shabs, ubas, S, siopao, sha
and ice”.
SOURCES:
This chemical substance is being smuggled into the country by drug traffickers and syndicate
from Taiwan, Hongkong, Japan, and South Korea. It has been reported that there are clandestine
laboratories in the Philippines suspected of manufacturing this substance.
USUAL FORM OF THE PRODUCT:

“Shabu” is a white, odorless or crystal or crystalline powder with a bitter numbing taste.
MEDICAL USE:
At present, this chemical substance has no known medically acceptable use.
METHOD OF USE:
Abusers are known to take this drug by ingestion, inhalation (chasing the dragon), sniffing
,snorting, or by injection.
HARMFUL EFFECTS
ACUTE:
- Produces anxiety, irritability, irrational behavior. Talkativeness and loss of self control
- Results in loss of appetite and inability to sleep
- Can lead to acute psychic reactions, violent and destructive behavior and recklessness that
may result in accidents.
PHYSIOLOGIC EFFECTS:
Include chest pain, irregularity of heartbeat, hypertension, convulsion and death from
cardiac arrest.
LONG-TERM EFFECTS:
Psychiatric consequences are the major features of chronic “Shabu” abuse and dependency.
Prolonged use and even a single exposure especially if administered intravenously can lead to
manifestations of a full blown psychosis which is similar to schizophrenia characterized by the
presence of paranoid delusions, auditory and visual hallucinations. The paranoia may lead to
violent and aggressive behavior.
Some chronic users have difficulty concentrating or remembering things. Diminished
ability to cope with problems and difficulties in facing reality are common. Loss of interest in
sex, ambition or motivation may also result.
Injecting “Shabu” from contaminated needles may lead to risk of infections resulting in
inflammation of the blood vessels (Phlebitis), infection of the heart valves (Endocarditis), blood
poisoning (Septicemia), and the most dreaded disease AIDS, all of which can lead to death.
TOLERANCE:
Abusers who frequently take the substance require higher doses to achieve the desired
effects. Tolerance sets in after a few weeks of regular use.
PSYCHOLOGICAL AND PHYSICAL DEPENDENCE:

This chemical substance is known to produce psychological and physical dependency.

These are characterized by anxiety, tension and craving for substance. Those substance-seeking
behaviors can lead to various criminal and other anti-social acts.
Some chronic users have difficulty concentrating or remembering things. Diminished
ability to cope with problems and difficulties in facing reality are common. Loss of interest in
sex, ambition or motivation may also result.
Injecting “Shabu” from contaminated needles may lead to risk of infections resulting in
inflammation of the blood vessels (Phlebitis), infection of the heart valves (Endocarditis), blood
poisoning (Septicemia), and the most dreaded disease AIDS, all of which can lead to death.
• MARIJUANA (Cannabis Sativa)

- commonly called “grass”, “ganja”, “tsongki”, “bhang”, “damo”
- botanical name is cannabis sativa L
- has three major components:
1) tetrahydrocannabinol (THC) – purple; the most active alkaloid; the one causing the
hallucinogenic effects
5) cannabinol – red (physiologically inactive)
6) cannabidiol – pink (physiologically inactive)
LEGAL DEFINITION OF MARIJUANA

The term marijuana as defined by law means all parts of the plant whether growing or
not, the seeds thereof, the resin extracted from any parts of such plant, every compound,
manufactured, salt derivative, mixture or preparation of such plant, its seeds or resin.
IDENTIFYING MARIJUANA
1) leaves
o green, spotted or brown in color
o serrated
o with cystolith hairs on the underside
o presence of effervescence when diluted with hydrochloric acid
2) hulls
o green, brown or brownish-spotted in color
o characteristically shaped
o with cystolith hairs
3) fruits (seeds)
o greenish-yellow to brown in color
o inside similar to coconut meat
o ovoid in shape
FORMS OF MARIJUANA
1) marijuana joint or cigarettes – made from dried leaves, tops and flowers of the plant;
the most available form
2) hashish or hash – made from the extracted resin of the plant; usually granular or solid
chunky in form, ranging from a mustardy yellow to dark brown; stronger than crude
marijuana and may be smoked or eaten
3) hashish oil – higher form of marijuana and not usually available because it is
expensive; brown in color; considered as concentrated cannabis
Marijuana, often called grass, pot or weed, is a crude drug made from Cannabis sativa, a
plant that contains a mind-altering (psychoactive) ingredient called tetrahydrocannabinol (THC).
IN WHAT FORMS IS MARIJUANA AVAILABLE? Marijuana “joint” or cigarette –

made from the dried leaves, tops and flowers or the plant. Its strength depends on the type of
plant, the weather, the soil and the time of harvest of the plant.
Hashish or hash – made from the extracted resin of the plant. It is usually stronger than
crude marijuana and can both be smoked and eaten.

WHY IS MARIJUANA USE DANGEROUS?

* Marijuana slows down the user‟s mental and psychomotor activities. User‟s don‟t remember
what they have learned when they are high.
* The effects of marijuana can also impair thinking, reading comprehension and verbal and
mathematical skills.
* Marijuana creates other health problems related to: the reproductive system, the heart, the
lungs. It has been found that marijuana use may lead to cancer.
* Long-term regular use of marijuana may lead to psychological dependence. Once started, it
may take more of the drug for the user to get the same effect.
* Young marijuana users are more likely to go on experimenting with other drugs.
IMMEDIATE EFFECTS
- Faster heartbeat and pulse rate
- Bloodshot eyes
- Dry mouth and throat
- Altered sense of time / disorientation
- Forgetfulness/inability to think
- Impaired reflexes, coordination and concentration
- “Acute panic anxiety reaction” – extreme fear of losing control
LONG TERM EFFECTS
- Chest pain
- Irregular menstrual cycle
- Temporary loss of fertility for both sexes
- Premature babies/low birth weights
- Cancer
- Marijuana “burn-out” (dull, slow moving, inattentive, and unaware of surroundings)
WHY DO YOUNG PEOPLE USE MARIJUANA?

- Peer pressure
- Curiosity
- Boredom
- Frustration (due to personal/family/school and work problems)
Poor self-image
- Weak personality (unable to cope with stress, conflicts, etc)
- Desire to escape from reality
- Lack of parental guidance
HOW CAN I SAY “NO” TO MARIJUANA?

* Keep your reasons simple and honest. You don‟t have to explain why you don‟t want to use
drugs
* Be polite but firm.
* Avoid drug users. Choose your friends wisely. If your peers are real friends, they will accept
you whether you take drugs or not.
* Remember, it is your right to say “NO” to drugs.
WHY SHOULD I SAY “NO” TO MARIJUANA?

* Drugs can‟t solve your problems. Only you and a little help from friends and people
who care about you, can solve them.
* Give yourself the chance to be all you can be. Discover your special talents, get
involved with other people, learn many skills and develop your own personality.
* Anything you can get out of using drugs, you can get out other activities. The trick is
finding of which things are right for you.
WHERE CAN I GET HELP?
Help save your child, your brother, your student, your friend, or anybody who uses this
dangerous drug – marijuana.

CALL US IF YOU NEED ADVICE/INFORMATION, or if you want to help someone

who you suspect has acquire this habit.
METHYLENE DIOXYMETHAMPHETAMINE (MDMA)

- commonly referred to as ecstasy, “X” and party drug
- a designer drug
- the following are its immediate effects:
1) euphoria
2) feeling energetic and hyperactive
3) sense of well-being
- the following are its long term effects:
1) brain damage
2) heart complications
3) death
ECSTASY
The emergence of the “Killer Drug” was particularly worried by the fact that many
Filipino parents are not familiar with the current party fad or the so-called “rave” scenes wherein
the latest versions of “illegal drugs” can be procured.
“Raves” are parties set up in different venues by promoters – in stadiums, fields, clubs,
campuses, grounds during school fairs, and vacant warehouses. They are frequently advertised
as alcohol-free events, giving parents a false sense of security. Promoters also hire security
guards so that parties will appear safe, but most of these guards are not evenaware of the fact that
illegal drugs are being ingested by the party-goers, and there are other guards who are simply
tolerant. In many cases, Ecstasy is sold for P1,000.00 to P1,200.00 per pill or tablet. Ecstasy is
called the “hug drug” or “love potion” because it lowers the user‟s inhibition and makes him
crave for physical contact and audio-visual stimulation. Hence, synthesized sounds or the so-
called “trance music” and arrays of psychedelic lights dominate “rave parties”.
Ecstasy can cause severe dehydration and can raise the user‟s body temperature to
as high as 108 degrees. Some unscrupulous promoters cum dealers, looking to sell bottled water
at exorbitant prices, deliberately turned the water supplies off at “rave” venues, exacerbating the
dangers of our unwary children. Yet, many kids believe that Ecstasy has already resulted to
thousands of overdoses that lead to numerous deaths.
Parents should look for the warning signs of Ecstasy use by children – strange
paraphernalia including pacifiers, Vicks Vaporubs, surgical masks, and glow sticks. Other signs
include unusual habits such as the usage of dark eye glasses even during nighttime, playing
music in unbearably loud volume and irregular sleeping habits. And of course, among the tell-
tale signs is the big increase in the expenditure. It is a costly habit to maintain.
There are lots of misinformation about the benefits of Ecstasy (Amphetamine
Type Stimulants), particularly on the Internet and most of the adventurous types of the Filipino
youth have actively participated in the propagation of such misleading notions into facts.
DRUG SYNDICATE
- any organized group of two (2) or more persons forming or joining together with
the intention of committing any offense prescribed under RA 9165
DRUG TRAFFICKING
- the authorized manufacture, distribution or unlawful possession of any controlled
substance, for the purpose of selling
DRUG DISTRIBUTION PROCESS

1) THE GROWER
- the one responsible for the planting, harvesting and maintenance of the original
plant from which the drug is derived from
- the source of crops or contact to other sources from whom crops can be obtained
- sees to it that the plant is produced in the highest quality possible and in sufficient
quantity

2) THE MANUFACTURER
- the one responsible for the processing of the raw materials supplied by the grower
- maintains a manufacturing laboratory
- the one who makes contact or is contacted so that the distribution can begin
3) THE IMPORTER
- the client or contact of the manufacturer
- the primary seller of the drugs
- the importer devises the plan or procedure by which the now-refined drug will reach
its destination, whether that be another country, state or other geographical area
4) THE SMUGGLER
- has the task of smuggling the drug into the designated area
- must devise techniques by which the drugs evade the scrutiny of inspection
5) THE DISTRIBUTOR
- the source of drugs in their respective areas
- the smuggler has different distributors in different geographical areas
6) THE DEALER
- most commonly called “PUSHERS”
- they make drugs easily available to users
- some dealers are satisfied with selling drugs to already known addicts, while some
engage in addicting new customers
7) THE CONSUMER
- the buyer and user of drugs
- the drug addicts
- the reason why the business of illegal drugs continue to thrive
GOLDEN CRESCENT (Middle East)

- composed of Iran, Afghanistan and Pakistan
- one of the world‟s biggest sources of opium
- the geographical location is conducive to growing opium poppies
- the fields are said to be protected by the Taliban in Afghanistan
GOLDEN TRIANGLE (South East Asia)
- composed of Thailand, Myanmar and Laos
- world‟s leading producer of heroin
- the geographical location of said countries are conducive to growing crops
- the fields cover a vast area impossible to monitor completely
- poor farmers choose to plant opium poppies because it is more lucrative
- the fields are said to be protected by the rebel groups, especially in Myanmar
FIRST IMPORTANT DRUG TRAFFIC ROUTE
1) Middle East - discovery, plantation, cultivation and harvest
2) Turkey - preparation for distribution
3) Europe - manufacture, refine and synthesis
4) US - marketing
Lebanon - biggest producer of cannabis in the middle east; transit country for cocaine from
South America to Europe
Spain - major transhipment point in Europe, paradise of drug users in Europe
Mexico - leading producer of marijuana in the world
RA 9165 - COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002; approved on 7

June 2002 .
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals.- .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species

of opium poppy or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring into the Philippines any dangerous
drug and/or controlled precursor and essential chemical through the use of a diplomatic
passport, diplomatic facilities or any other means involving his/her official status intended to
facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be
confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or transport any dangerous drug, including any
and all species of opium poppy regardless of the quantity and purity involved, or shall act as
a broker in any of such transactions.
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch
in transit or transport any controlled precursor and essential chemical, or shall act as a broker
in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemical trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who
Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.

thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive, or resort where any controlled precursor and essential chemical is
used or sold in any form
The maximum penalty provided for under this Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold to a minor who is allowed to use the same
in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in
such den, dive or resort, the penalty of death and a fine ranging from One million
(P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer,
owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove such intent on the part of the owner to use
the property for such purpose: Provided, finally, That the owner shall be included as an
accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any person who
Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such;
and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is
aware of the nature of the place as such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred
any person, who, unless authorized by law, shall engage in the manufacture of any dangerous
drug.
law, shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall
be considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help of
minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.\
Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
law, shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess
with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus
and other paraphernalia for dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the
human body a dangerous drug in violation of this Act.
uses a minor or a mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced drugs and their derivatives, without

having any therapeutic value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less than five (hundred) 500)
grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or less than three hundred (300)
grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1)
day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
law, shall possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body: Provided, That in the case of
medical practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession, the Board
shall prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended
for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence
that the possessor has smoked, consumed, administered to himself/herself, injected, ingested
or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. –
Any person found possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty
provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or
have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in the
proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of
a minimum of six (6) months rehabilitation in a government center for the first offense,
subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug
for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall
not be applicable where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to death and a fine ranging from Five hundred
any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in
the case of medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of medicine, the Board

shall prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or
cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can
prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the maximum penalty provided
for under this Section shall be imposed upon the offender.
Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment
ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or
fails to comply with the maintenance and keeping of the original records of transactions on
any dangerous drug and/or controlled precursor and essential chemical in accordance with
Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
and the additional penalty of the revocation of his/her license to practice shall be imposed
upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent experts who are
authorized representatives of professional organizations of practitioners, particularly those
who are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall make or issue a prescription or any other writing purporting to be a prescription for any
dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous
Drugs and/or Precursors and Essential Chemicals. – Every penalty imposed for the unlawful
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the possession of
any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including
other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the unlawful act, including, but
not limited to, money and other assets obtained thereby, and the instruments or tools with
which the particular unlawful act was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are not of lawful commerce shall be
ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the
offense and all the assets and properties of the accused either owned or held by him or in the
name of some other persons if the same shall be found to be manifestly out of proportion to

his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the release of the
same.
The proceeds of any sale or disposition of any property confiscated or forfeited under this
Section shall be used to pay all proper expenses incurred in the proceedings for the
confiscation, forfeiture, custody and maintenance of the property pending disposition, as well
as expenses for publication and court costs. The proceeds in excess of the above expenses
shall accrue to the Board to be used in its campaign against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

- shall serve as the implementing arm of the Board
- shall be responsible for the efficient and effective law enforcement
- shall be headed by a Director-General with the rank of Undersecretary, who shall be
responsible for the general administration and management of the agency
- PDEA Academy shall be established either in Baguio City or Tagaytay City
- the Academy shall be responsible in the recruitment and training of all PDEA
agents and personnel
- shall be headed by a Superintendent, with the rank of Director
QUALIFICATIONS FOR RECRUITS

1) at least 21 years old
2) degree holder
DRUG TEST REQUIREMENTS

1) screening test - will determine the positive result as well as the type of the drug used
2) confirmatory test - will confirm and validate the result of the screening test
USE OF DANGEROUS DRUGS

- a person arrested for a crime and found to be positive for drug use shall be imposed
a penalty of minimum six months rehabilitation for the first offense
- a person arrested for drug use for the second time shall suffer imprisonment ranging
from six years and one day to 12 years
VOLUNTARY SUBMISSION OF DRUG DEPENDENT

- rehabilitation period is not less than six months but not more than one year
- shall be exempt from criminal liability for use of dangerous drugs under the
following conditions:
1) has complied with the rules and regulation of the Center, rules and regulations of
the Board, including the after-care and follow-up program;
2) has never been charged or convicted for any violation of RA 9165, RA 6425, RPC
or any special penal laws;
3) has no record of escape from a center;
4) poses no serious danger or threat
COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO

APPLY UNDER THE VOLUNTARY SUBMISSION PROGRAM

- any person determined and found to be dependent on dangerous drugs shall be confined for
treatment and rehabilitation in any Center duly designated or accredited for the purpose upon
petition by the Board or any of its authorized representative
- a petition for confinement of a person may be filed by any person authorized by the Board
with the Regional Trial Court of the province or city where such person is found
- after filing of petition, the court shall immediately fix a date for the hearing
- after such hearing and if the facts so warrant, the court shall order the drug dependent to be
examined by two (2) physicians accredited by the Board
- if both physicians conclude that the respondent is not a drug dependent, the court shall order
his discharge
- if one of the physicians finds him to be dependent, the court shall conduct a hearing and
consider all relevant evidence; if the court finds him a drug dependent, it shall issue an order
for his commitment to a treatment and rehabilitation center
- in any event, the order of discharge or order of confinement or commitment shall be issued
not later than fifteen (15) days from the filing of petition
COMPULSORY SUBMISSION OF A DRUG DEPENDENT CHARGED WITH AN

OFFENSE TO TREATMENT AND REHABILITATION
- if a person charged with an offense where the penalty imposable is imprisonment of
less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any
stage of the proceedings, to be drug dependent, the prosecutor or the court shall suspend all
further proceedings and transmit copies of the record of the case to the Board
- if the Board determines, after medical examination, that the drug dependent should
be committed to a treatment and rehabilitation center, it shall file a petition for his
commitment with the Regional Trial Court of the province or city where he is being tried
- if the court finds him to be a drug dependent, it shall order his commitment
- the Center shall submit a written report on the progress of the treatment every four
(4) months or as often as the court may require
- if the drug dependent is rehabilitated, as the Center certifies, he shall be returned to
court for discharge from the Center
- the proceedings regarding his original case shall continue and in case of conviction,
his stay at the Center shall be credited to his sentence if the drug dependent is certified by
the Center to have maintained good behavior.
LAW ENFORCEMENT IN VICE CONTROL

LEGAL ASPECTS AND THE PROBLEM OF ALCOHOLISM
1. ALCOHOLISM- is the state of a person produced by drinking intoxicating liquors
excessively and with habitual frequency.
It is a condition wherein a person is under the influence of or intoxicated with alcohol.
2. ALCOHOLIC LIQOUR- is any beverages or compound, whether distilled, fermented
or otherwise which will produce intoxication or which contains in excess of one per centrum
of alcohol and is used as beverage.
3. DRUNKARD- is a person who habitually takes or uses any intoxicating alcoholic liquor
and while under the influence of such or in consequence of the effect thereof, is either
dangerous to himself or to others, or is a cause of harm or serious annoyance to his family or
his affair, or of ordinary proper conduct.
4. CHRONIC ALCOHOLIC- is a person who from prolonged and excessive use of
alcoholic beverages, finally develops physical and psychological changes and dependence on
alcohol.
ALCOHOLISM AS A POLICE PROBLEM

1. Juvenile delinquency and teenage crime are mostly traceable to the indiscriminate sale of
liquor to minors by store, saloon, bars and other dinking places.
2. Drunkenness has always been connected with many forms of criminal behavior, usually
characterized by violence or negligence.
3. Drunken driver have been shown by police records to be the major causes of traffic and
pedestrian accidents in the country resulting to lose of so many lives.

4. Alcoholism is always connected with other forms of vices, the alcoholics being hooked to
drugs and addiction by way of association with others.
5. Drunkenness works injurious to the health and morality of the people forcing the
alcoholics to depravity and to commit crimes, like the chronic alcoholics.
KIND OF INTOXICATION
1. INVOLUNTARY- when a drunken person does not know the intoxicating strength of the
beverage he has taken.
2. INTENTIONAL- when a person deliberately drinks liquor fully knowing its effect either to
obtain a mitigation or to find the liquor as stimulants to commit crime.
3. HABITUAL- when the person finds that drinking is a constant necessity and the vice
ultimately takes hold of him.
GAMBLING
1. GAMBLING – it is a game of chance or scheme the result of which depends wholly or
chiefly upon the chance or hazards.
2. CHANCE OR HAZARDS- It is the uncertainty of the result or when the outcome of the
game is capable of calculation by human reason, foresight sagacity or design.
3. LOTTERY – it is a scheme for the distribution of prizes by chance among person who have
paid or agreed to pay a valuable consideration for the chance to obtain a prize.
4. MAINTAINER- is the person who sets up/ furnishes the means with which to carry on the
gambling game.
5. CONDUCTOR- is the person who manages or carries the gambling game.
6. BANKER- is the person who keeps the money from which the winner is to be paid.
7. TOTALIZER- is the machine for registering and indicating the number and nature of bets
made on horse races.
8. WAGER- is the bets made on horse races.
9. PRIZE- an amount due to the winner.
10. TOPADA- the illegal cockfighting conducted on a day on a cockpit not permitted by law.
CLASSIFICATION OF GAMBLING GAMES

1. Those which are absolutely or perse prohibited.
Example: Under Article 195 of the revised Penal Code, monte, jueteng, other forms of
lottery, policy, banking or percentage game and dog races.
2. Those, which are REGULATED by, law. These games are regulated in the sense that the law
allows the same to be played except on certain cases as specified time of the day.
Example : cockfighting- Article 199, RPC
Horse racing- Article 198, RPC
ACTS PUNISHABLE IN GAMBLING
1. In cases of gambling games absolutely prohibited, under Art. 195 RPC.

a. Taking part directly or indirectly in gambling;
b. Knowingly permitting any form of gambling to be carried on any place owned and
controlled by the offender.
c. Being maintainer, conductor or banker;
2. In case of Lottery under Art. 196 , RPC.
a. Possession of lottery list which pertains to, or used in games.
b. Importation, selling or distribution in connivance with the importer or lottery tickets.
c. Selling or distribution without connivance with importer.
3. In cases of Horse racing, under Article 198, RPC.
a. Betting on horse races during the period or days not allowed by law such as:
1. Ordinary working days, but not legal holidays and those not allowed by the game and
amusement board
2. Independence day
3. Rizal day
4. Any registration or voting days

5. Holy Thursday and good Friday

B .Maintaining or employing totalizer or other device or scheme for betting on races or realizing
profit therefrom.
4. In cases of illegal cockfighting under Art. 199 RPC.

a. Betting money or other valuable and organizing such cockfights at which beets are made
on a day other than that permitted by law.
b. Betting money or other valuables and organizing such cockfights in a place other than a
licensed cockpit
5. An finally, making bets which are offered and accepted upon the result of the boxing or to
other sports and contest is punishable by Art. 187, RPC.
PROSTITUTION
1. Prostitutes are women who , for money or profit, habitually indulge in sexual intercourse or
lasciviousness conduct
2. PIMP ( otherwise known as Ruffians) is one who provides gratification for the lust of
others. Sometimes his other names are “ PANDERED or PROCURER”
3. OPERATOR or MAINTAINER-is one who owns or manages or ill-refute where the business
of prostitution is conducted, sometimes they are called MADAM.
TYPES OF PROSTITUTION ON THE BASIS OF OPERATION

1. CALL GIRLS - these are the part time prostitutes. They have their own legitimates work
or profession, but works as a prostitute to supplement their income, Sometimes they are
tellers, sales ladies, waitresses and make beautician or engage in similar jobs, which they
used to make contacts// contracts with customers.
2. HUSTLER- is the professional type of prostitute. She may be a bar or a tavern „ pick-up” or a
streetwalker. The bar or tavern pick-up frequents places where liquor is sold, sometimes
operating with the consent and knowledge of the management. Their operation is sometimes
associated with swindling their customers.
3. DOOR KNOCKER- this is the occasional or selective type of prostitute. She is usually a new
in the business. Oftentimes, they are motivated by extreme desire for money due to poverty
or to support their other vices.
4. FACTORY GIRLS - is the real professional type of prostitutes. She works in regular
prostitution houses or brothels.
REFERENCES:
 OSCAR GATCHALIAN SORIANO (2006), Comprehensive Drug Education- Revised

Edition with RA 9165, Quezon City, Philippines; Great Books Publishing
 RA 9165 “The Comprehensive Dangerous Drugs Act of 2002”
 RA 6425 “The Dangerous Drugs Act of 1972”
 ROMMEL K. MANWONG (2008), Drug Education and Vice Control, Quezon City,
Philippines; Wiseman‟s Book Trading,Inc.



CRIME DETECTION AND
INVESTIGATION
FIRE TECHNOLOGY AND

ARSON INVESTIGATION

WHAT CRIMINLOGIST KNOWS?

FIRE TECHNOLOGY AND ARSON INVESTIGATION
ABC EXTINGUISHER – a fire extinguisher that can be used on fires involving ordinary
combustibles, flammable liquids, and energized electrical equipment; may also be known as a
multipurpose extinguisher.
ACCELERANT – refers to a combustible liquid used too hasten the start of the fire.
ACCIDENTAL FIRE – it is caused mostly by human error and negligence. Such as smoking in
bed, defective LPG containers, faulty electrical wiring, leaving plugged electrical appliances.
ACCORDION LOAD – refers to a system of loading hose in the bed of a fire truck.
ADVANCED LIFE SUPPORT – medical care provided by paramedics trained to assess a
patient‟s condition, administer drugs, defibrillate and provide advanced airway management
prior to transportation to the hospital.
ALARM – any signal indicating the need for emergency fire ser-vice response; also, the device
that transmits the alarm.
ALCOHOL – a flammable liquid that is easily ignited, rapidly burns and by itself gives off no
detectable smoke.
ARCING – known as sparking, it is produced when a short circuit or break in electrical
conductor occurs.
ARSON – refers to the malicious and willful destruction of property by fire.
AUTO IGNITION POINT – lowest temperature at which a substance will automatically burn
without the application of spark or a flame.
AUTO IGNITION TEMPERATURE – the same as ignition temperature except that no
external ignition source is needed for ignition since the material itself has been heated to reach
ignition temperature, it is the spontaneous ignition of vapor or gases given off by heated
material.
BACKDRAFT – explosion caused by the sudden introduction of oxygen in a fire area when
large quantities of superheated fuel under pressure is contained. A back draft may occur
because of inadequate or improper ventilation procedures. The force of the back draft
depends on variable like the size of the confined area, the extent to which smoldering has
occurred (thus providing fuel), the degree of heating of the atmosphere, and the rate at
which air or oxygen is introduced. While the risk of such an occurrence is low, a backdraft
is almost always fatal to anyone caught in it.
BITING SMOKE – irritating the nose and throat and causing lacrymation (pertaining of tears)
and coughing indicates presence of chlorine.
BLACK SMOKE – indicates burning materials of a product with petroleum base such as
rubber, tar, coal, turpentine, or petroleum.
BOILING POINT – is the constant temperature at which the vapor of the liquid is equal to the
atmospheric pressure.
BOYLE’S LAW – states that the pressure of a gas is inversely proportional to its volume at a
given temperature. The law relates to the compressibility of gas and the effect of temperature
and volume on the pressure in a pressurized container.
CALORIE – the amount of heat required to raise the temperature of one gram of water to one
degree Celsius.
CARBON BLACK – formed by the incomplete combustion of acetylene or natural cracking of
hydrogen in the absence of air.
CARBON MONOXIDE – is formed by the incomplete combustion of carbon, it cause death by
asphyxia.
CHARRING PATTERN – the rule that heavy burning and deep charring will generally be
greater from where the fire originated is not absolute. There are other factors to be considered
when examining the chart pattern of an extensive fire. It is these other factors that the
investigator must thoroughly analyze and correctly interpret.
CELLULOSE – the component of wood that is pyrolized.

CHEMICAL EXPLOSIONS – are sudden release of energy by upsetting balance of unstable

chemical compounds.
CLASS A FIRES – in a class A fires, the fuel is comprised of normal combustible materials
such as wood, paper, fibers, draperies and trash. It requires saturation by water or water fog.
CLASS B FIRES – in class B fires, the fuel is flammable liquid such as gasoline, kerosene,
cleaning fluids, grease and alcohol. In combating such fires, the flammable liquids must be
smothered to deprive them of oxygen, hence foam extinguishers and CO2 may be utilized.
CLASS C FIRES –class C are those which starts with live electrical wires, equipment, electrical
appliances. It is commonly known as electrical fires. It is easily extinguished by a non-
conducting agent such as CO2 and dry chemicals.
CLASS D FIRES – these type of fire are rare, and usually occurring in the manufacturing
facilities, since the combustible material are certain metals such as potassium and magnesium.
It can be extinguished by using dry powder ABC chemical, baking soda or sand.
COMBUSTION – is the rapid oxidation of substances accompanied by heat and light.
COMPRESSED GAS – it one which at all atmospheric temperature inside its container exist
solely in the gaseous state under pressure.
CONCENTRIC CIRCLE – the searcher starts at a central point. As soon as this location has
been thoroughly combed a new and larger circle is drawn.
CONDUCTION – heat transfer by direct contact from one body to another.
CONVECTION – refers to the means by which heat is transformed by a circulating medium
either liquid or gas.
CONVECTION COLUMN – refers to the rising column of heated air or gases above a
continuing heat or fire source. Also known as thermal column.
CRYOGENIC – descriptive of any liquefied gas when by its nature as a result of its reaction
with other elements promotes a rapid drop in temperature of the immediate surrounding.
DEFLAGRATION – is type of explosion which ordinarily occurs in a “push” manner; with
velocities from a few inches per minute to upward of 1,500 feet per second. This is termed as
a low order explosion. A chemical reaction producing vigorous heat and sparks or flame,
moving through the material (as black or smokeless powder) at less than the speed of sound
reaction. Can also refer to intense burning. A characteristic of Class B explosives.
DENSITY – a term used to denote the weight per unit volume of a substance. The density of any
substance is obtained by dividing the weight by the volume.
DETONATION – is regarded as an extremely rapid and violent explosion, with a practically
instantaneous release of chemical energy.
DRY CHEMICAL – an agent used for Class A, B and C fires that extinguishes fire by
interrupting the chemical chain reaction in the combustion zone.
DRY POWDER – the extinguishing agent suitable for use on combustible metal fires.
DUST EXPLOSION – are the burning of the finely divided particles of combustibles that are
suspended in the air. Dust explosions generally are two explosions. A small explosion or
shock wave creates additional dust in an atmosphere causing the second and larger explosion.
ENDOTHERMIC REACTIONS – are changes whereby energy (heat) is absorbed or is added
before the reaction takes place. This means that the substances formed by change contain
more energy than the reacting materials.
EXOTHERMIC REACTIONS – are those that releases or gives off energy thus, they produce
substances with less energy than the reactants.
EXPLOSION – result from a vigorous reaction with sudden release of a large amount of energy
due to the rapid production of gases and time liberation of heat.
EXPOSURES – exposures are building or structures that are near the structure on fire and that
are placed at risk by the fire. A primary focus of the responding fire department will be to
protect the exposure, thus reducing the risk of the fire spreading and causing additional
damage to life and property.
FIRE – is an active chemical reaction that takes place between fuel, heat and oxygen in the form
of light of noticeable heat.
FIRE BEHAVIOR – the manner in which fuel ignites, flames develop, and heat and fire spread.
Sometimes used to refer to the characteristics of a particular fire.
FIRE EXTINGUISHERS – the most common devise utilized in plants for fire fighting
purposes.

FIRE GASES –refers to those gases that remains when the products of combustion are cooled to
normal temperature.
FIRE HAZARD – conditions conducive to fire or that are likely to increase the extent or
severity of fire.
FIRE HYDRANT – a mechanical device strategically placed in an installation or street where a
fire hose may be connected in cases of fire.
FIRE POINT – is the temperature at which a flammable liquid forms a vapor air mixture that
ignites. The minimum and maximum temperatures are referred to, as the lower and upper
flush point in air, respectively.
FIRE PUMP – is a mechanical contrivance used for supplying water.
FIRE RESISTANCE – a relative term referring to the amount of time a material will resist a
normal fire as measured on a standard time-temperature curve.
FIRE RETARDANT – a term used to indicate that materials or substances have been treated to
retard ignition or the spread of fire.
FIRE SAFETY INSPECTION – a pre-requisite to grant permit/license by local government for
any particular establishment.
FIRE TRAP – a finely powdered substances which, when mixed with all in the proper
proportion and ignited will cause an explosion.
FIRE TRIANGLE – the combination of fuel, heat and oxygen at one specific occurrence.
FIRE WALL – designed to prevent the spread of fire, having a fire resistance rating of not less
than four hours with structural stability to remain standing even if the adjacent construction
collapses under fire condition. Fire walls extend through roofs and use parapets above the roof
to divide large sections of buildings to prevent the overlapping or spread of fire.
FIRE WHIRLWIND – a revolving mass of air created by a fire, normally a forest fire.
FIRST DEGREE BURN – injury caused by fire or introduction of extreme heat which injuries
the outer layer of the skin causing it to change to color red with an accumulation of liquid.
FLAMES – are incandescent gases that rapid oxidation of a combustible material. Tha burning
gas or vapor oaf a fire that is visible as light of various colors.
FLAME FRONT – the outermost edge or surface of the flame.
FLAME INTERFACE – refers to the area or surface between the gasses or vapors and the
visible flame.
FLAME PROPAGATION RATE – the velocity at which combustion travels through a gas or
over the surface of a liquid or solid.
FLAMMABLE – the term used to refer to combustible material that ignites easily, burn rapidly,
or has a rapid of flame spread.
FLASH BACK – also referred to as back flash, it is the tendency of flammable liquid fires to re-
ignite from a source of ignition after they have been extinguished. Vapors of a flammable
liquid may serve as a fuse leading from a source of ignition back to the flammable liquid‟s
container.
FLASH FIRE – this phenomena may occur inside a burning building when heated air increase
the combustion rate to instantaneous combustion.
FLASH OVER – the production of fireballs as a result of the ignition temperature of gasses.
FLASH POINT – Is the temperature at which a flammable liquid forms a vapor air mixture that
ignites. Lowest temperature at which a combustible substance when heated takes fire in the air
and continuous to burn.
FREE BURNING STAGE – this is the acceleration pyrolitic process. It is during this stage that
the maximum heat and destructive capabilities of fire develop. Thus combating fire in this
stage are very difficult and require more than one firefighter. The thermal column of fire
carries destructive gases such as combustible vapor and carbon monoxide. The base
temperature of the fire is around 800 to 1,000 degrees Fahrenheit and ceiling temperature up
to 1,600 degrees Fahrenheit.
FREE RADICALS – refers to gases liberated by heat.
FRICTION – refers to the resistance to motion of two moving objects or surfaces that touch.
FRICTIONAL HEAT – results when mechanical energy is used in overcoming the resistance
to motion when two solids are rubbed together.

FUEL – is anything that will burn when heated with sufficient oxygen. It is the most important
part of the triangle, for fuel is what burns. The nature and properties of the fuel are essential in
combating fires. It comes in three form as solid, liquid or gas.
FUEL GASES – are flammable gases customarily used for burning with air to produce heat
which in turn is utilized as power, process, light and comfort.
GASOLINE – gasoline vapors are heavier than air and settled to the floor.
GENERAL ALARM – an alarm called because a large fire requires calling additional
firefighters and equipment.
GRAYISH SMOKE – may be caused by fling ashes or soot of loosely packed substance such as
straw or hay.
GRID MAP – a map of an area overlaid with a grid system of rectangular coordinates or
azimuth bearings (polar coordinates)that are used to identify ground locations.
GROUND COVER FIRE – any fire involving natural ground cover like grass, brush, or timber.
GRUDGE AND SPITE FIRES – an individual seeking to revenge a wrong may attempt to
injure or to caused the wrong because a fire may inflict both physical and financial injury.
HAD – heat actuating devices thermostatically controlled and used to activate fire alarm,
equipment or appliances.
HEAT – source of ignition or any device to start a fire. It can be a safety match, a lighted candle,
or of more sophisticated forms a such as chemical, mechanical or electrical contrivance
designed to start a blaze.
HEAT OF COMBUSTION – refers to the amount of heat released during the complete
oxidation where the organic fuel is converted to carbon dioxide and water.
HEAT OF DECOMPOSITION – is the heat released by the decomposition of compounds
requiring the addition of heat fro their formulation.
HEAT OF FUSION – the amount of heat necessary to convert solid to liquid.
HEAT OF SOLUTION – refers to the heat released when a substance is dissolved in a liquid.
HEAT TRANSFER – sometimes referred to as heat flow, it is the movement and dispersion of
heat. Heat is transferred by convection, conduction, and radiation.
HEAT OF VAPORIZATION – the amount of heat absorbed when a substance is altered from
liquid to gas.
HYDRANT – an upright metal casting connected to a water supply system and equipped with
one or more valve outlets to which a pump or hose line can be connected. Also this has been
given the name „plug‟ or „catch a plug‟. This term comes from early days of firefighter when
water mains were nothing more than hollowed out trees, buried in the ground. When a fire
company needed water, they would dig down to the log, and open a hole in the tree for a water
supply. After the fire, the hole had to be „plugged‟ in order to stop the flow of water.
IGNITION TEMPERATURE – the lowest temperature at which a fuel when heated will ignite
in air and continue to burn; the temperature required to cause ignition of a substance.
INCIPIENT OR INITIAL PHASE – this is the beginning of fire. The product of pyrolysis are
mainly water vapor and carbon dioxide. The base area of the fire has a temperature of 400 to
800 degrees Fahrenheit. It is in this stage that fire fighting is easily controlled and subdued.
INDUSTRIAL GASES – refers to gases used for manufacturing processes.
INTENTIONAL FIRE – this is known as incendiarism or classified as Arson. This kind of fire
is set on purpose either to collect insurance, cover-up another crime or eliminate
personal/business rivalry.
LAMP BLACK – procedure by burning of low grade heavy oils or resinous or tarry materials
with sufficient air.
LATENT HEAT – the quantity of heat absorbed by a substance when the substance from a solid
to liquid, and from a liquid to gas.
LIGHTING – refers to the discharge of an electrical charge on a cloud to an opposite charge to
another cloud or on the ground.
LIQUIFIED GAS – one which at normal temperature inside its container exist partly in liquid
and partly in gaseous from under pressure as long as any liquid remains in the container.
LUMINOUS FLAME – orange red in color, it will deposit soot at the site of the vessel heated
due its lower temperature and incomplete combustion.
MECHANICAL HEAT ENERGY – released by compression and is responsible for significant
number of fires.

MECHANICAL EXPLOSION – any blast or detonation tat can occur only within a vessel or
container.
NON-LUMINOUS FLAME – blue in color it represents the complete combustion of fuel and
has a relatively high temperature.
OXIDATION – union of a substance with oxygen as in burning and rusting.
OXYGEN – it is a tasteless, odorless colorless gas which is generally found within the Earth‟s
atmosphere. These natural gas is both vital to sustain human life and fire.
POLYMARIZATION – process of joining two or more molecules forming a more complex
molecule.
PLANT – refers to the preparation and gathering of materials to start a fire.
PROVIDENTIAL FIRE – caused by acts of God. This kind of fire can never be prevented as
usually hard to control. It comes in the form of lighting bolts, erupting volcanoes or as a result
of tremors.
39PSI – pounds per squire inch. The pressure measurement usually used for pump pressure,
nozzle pressure, friction loss, and pressure losses in appliances, hose, and hydrants.
PYRA – origin of the word fire which means glowing ember.
PYROLYSIS – the chemical process whereby fires consumes most solid.
PYROMANIACS – are persons possessed with the uncontrollable desire or impulse to set
things on fire, without any motive.
PYROPHORICS – chemicals that will ignite or react violently on contact with air or oxygen;
must be maintained under an inert atmosphere.
RADIATION – a means of heat transfer when energy travels through materials and space as
waves.
SECOND DEGREE BURN – inquiry wherein the heat or fire has penetrated deeply into the
skin.
SECTOR SEARCH – the fire scene is subdivided into areas or sectors, a building into rooms or
floors. Each firearm or officer is then assigned to a specific search area.
SIZE OF FIRE – important when correlated with the type of alarm, the time received and the
time of arrival of the first five apparatus.
SMOKE – refers to matter made up very fine solid particles and condensed vapor as a result of
combustion.
SMOKE MARKS – an experienced investigator will determine the volume of smoke and the
character as residues deposited on walls or else where.
SMOLDERING – this stage is where the fire glows and the combustible materials smolder.
Flames would not be visible but a large amount of carbon monoxide is produced. This is the
reason why masks are essential in firefighting. At this point back draft may occur, wherein the
sudden introduction of oxygen with superheated fuel under pressure will cause an explosion.
SOLITARY FIRE SETTERS – are those who set fires in secret.
SOOT – the burning of low grade heavily oils or resinous tarry materials with sufficient air
forms lamp black commonly known.
SPARKS – refers to any flash or sparkle of light. May originate from nearby fires, chimmey‟s
etc. a common type of fires result from nearby filed brush and woods fires which are
themselves frequently caused from sparks and careless burning of thrash, leaves and other
debris.
SPONTANEOUS COMBUSTION – is the process of catching fire as a result of heat generated
by internal chemical action.
SPONTANEOUS HEATING – the process of increasing the temperature of a material as a
result of slow oxidation.
STATIC ELECTRICITY – refers to electrical energy at rest or in equilibrium.
STEM AND SMOKE – indicate that humid substances come in contact with combustible
substances evaporate before the substance begins to burn.
TEMPERATURE – which is the measure of the degree of thermal (warm) agitation of
molecules.
THAMAC PROCESS – determination whether the fire has been deliberately caused by means
of electrical overload using an apparatus called THAMAC.
THERMAL BALANCE – refers to the normal movement or pattern of fire, smoke and fire
gases.

THERMAL CONDUCTIVITY – measure of the rate of flow of heat, through unit area of the
material with unit temperature gradient.
THIRD DEGREE BURN – the most severe fire injury which causes damage penetrating down
the subcutaneous fat of the skin.
TRAILER – a device used to spread the fire throughout the structure.
TURBULENT FLAME – incandescent gasses having unsteady and irregular swirls.
VANDALISM FIRES– are often set by pairs or group of boys or in the presence of others from
a peer group. The presence of the group encourages of the act.
VENTILATION – the systematic removal of smoke from a building. Ventilation is usually
accomplished with one of two methods: positive pressure ventilation increases the
atmospheric pressure in the building until it is greater than the pressure outside the building.
Wuith negative pressure ventilation, the pressure inside the building is reduced until its less
than the pressure outside the building.
VERTICAL SHAFT – an enclosed vertical passage that extends from floor to floor, as well as
from the base to the top of the building.
WHITE SMOKE – indicates the presence of phosphorous in a particular fire incident.
THE CHEMISTRY , BEHAVIOR AND TRIANGLE OF FIRE

The fire investigator should have a basic understanding of combustion principles and be
able to use them in interpretation of evidence at the fire scene.
a. Atom- fundamental particles of matter
b. Proton- positively charge
c. Neutron- negatively charge
d. Elements- are pure substances made up only one kind of atom
e. Compound- two or more different atoms
f. Molecules- combination of two or more atoms.
TECHNOLOGY- is a branch of systematic knowledge that deals with industrial arts &
sciences. It is the application of such knowledge that is used to produce the material
necessities of society.
CHEMISTRY- is the branch of science which deals with the study of composition & study of
matter, changes of matter undergo, energy involved in a give change & conditions necessary
to bring about the changes in matter.
Behavior- is the manner and actuation in relation to fire science.
Fire chemistry- is a science that deals with the study of the composition and structure.
It has been previously established that when a material burns, it undergoes a chemical change.
Nothing is destroyed in the process but all of its matter is transposed into another form of
state called:
a. Fire gasses- refer to the vaporized product of combustion.
b. Heat – it is a form energy, which is measured in degrees of temperature to signify its
intensity.
c. Smoke- ordinarily encountered at a fire consists of mixture of oxygen, carbon dioxide and
carbon monoxide timely dived product, which have been released from the material involved.
d. Flames- gases that accompanies rapid oxidation of a combustible material.
“The triangle of fire includes the three elements, which is heat, oxygen and fuel.”
THE THREE ELEMENTS OF FIRE AND THEIR CHARACTERISTICS

1. FUEL( Reducing agent)- any material that produces flames or burns
a. Solids- wood, coal and etc.
b. Liquids- gasoline, paint, alcohol and etc.
c. Gaseous Fuel- hydrogen and carbon
2. OXYGEN( oxidizing agent)- all substances needs oxygen to burn. Oxygen present in the air
is 21%, 16% of oxygen is sufficient for combustion.
3. HEAT ( Temperature)- ( ignition temperature) is a form of energy that raises temperature.
An essential element necessary in converting fuel to its gaseous state.
Common sources of Heat( ignition source)

- Open flame
- Electrical arcs or sparks
- Mechanical friction
- Sun rays exposure
FACTORS AFFECTING THE RATE OF THE INTENSITY OF HEAT

- Amount of materials/ substance to be burned
- Calorific value of burning material
- Oxygen area of exposure
- Flame length produced
HEAT SOURCE
1. Open flames 2. Electrical heat 3. Friction
SOURCE OF HEAT ENERGY
a. Chemical heat energy
- Heat of combustion
- Spontaneous heating
- Heat of decomposition
- Heat of solution
b. Electrical Heat Energy
- Resistance heating
- Heat energy generated by lightning
- Inductive heating
- Static/ frictional electricity
- Heat from arcing
c. Mechanical Heat energy
- Overheating of machinery
- Heat of compression
- Friction heat
d. Nuclear heat energy
- Nuclear fission
- Nuclear fusion
e. Solar heat energy
Chemistry of Combustion
The fire investigator should have a basic understanding of combustion principles and be
able to use them to help in interpretation of evidence at the fire scene and in the development of
conclusions regarding the origin and cause of the fire.
The body of knowledge associated with combustion and fire would easily fill several textbooks.
The discussion presented in this section should be considered as introductory. The user of this
guide is urged to consult the technical literature for additional details.
Fire Tetrahedron
The combustion reaction can be characterized by four components: the fuel, the
oxidizing agent, heat, and an uninhibited chemical chain reaction. These four components
have been classically symbolized by a four-sided solid geometric form called a tetrahedron .
Fires can be prevented or suppressed by controlling or removing one or more of the sides of the
tetrahedron.
Fuel-is any substance that can undergo combustion.

In some cases, nitrogen will be present; examples include:
- wood
- plastics
- gasoline
-alcohol
-natural gas.
Inorganic fuels contain no carbon and include combustible metals, such as magnesium or
sodium.

All matter can exist in one of three phases: solid, liquid, or gas.
The phase of a given material depends on the temperature and pressure and can change as
conditions vary.
If cold enough, carbon dioxide, for example: can exist as a solid (dry ice).
Combustion of a solid or liquid fuel takes place above the fuel surface in a region of vapors
created by heating the fuel surface. The heat can come from the ambient conditions, from the
presence of an ignition source, or from exposure to an existing fire. The application of heat
causes vapors or pyrolysis products to be released into the atmosphere where they can burn if
in the proper mixture with air and if a competent ignition source is present.
Oxidizing Agent. In most fire situations, the oxidizing agent is the oxygen in the earth's
atmosphere. Fire can occur in the absence of atmospheric oxygen when fuels are mixed with
chemical oxidizers. Many chemical oxidizers contain readily released oxygen. Ammonium
nitrate fertilizer (NH4NO3), potassium nitrate (KNO3), and hydrogen peroxide (H2O2)
are examples.
The range of mixtures between the lower and upper limits is called the flammable (explosive)
range.
Heat.
The heat component of the tetrahedron represents heat energy above the minimum level
necessary to release fuel vapors and cause ignition. Heat is commonly defined in terms of
intensity or heating rate (Btu/sec or kilowatts) or as the total heat energy received over time (Btu
or kilojoules).
In a fire, heat produces fuel vapors, causes ignition, and promotes fire growth and flame spread
by maintaining a continuous cycle of fuel production and ignition.
Uninhibited Chemical Chain Reaction.

Combustion is a complex set of chemical reactions that results in the rapid oxidation of
a fuel producing heat, light, and a variety of chemical by-products.
Slow oxidation, such as rust or the yellowing of newspaper, produces heat so slowly that
combustion does not occur. Self-sustained combustion occurs when sufficient excess heat from
the exothermic reaction radiates back to the fuel to produce vapors and cause ignition in the
absence of the original ignition source. For a detailed discussion of ignition.
Combustion of solids can occur by two mechanisms:

-flaming
- smoldering
Flaming combustion takes place in the gas or vapor phase of a fuel. With solid and liquid
fuels, this is above the surface.
Smoldering is a surface-burning phenomenon with solid fuels and involves a lower rate
of heat release and no visible flame.
Smoldering fires frequently make a transition to flaming after sufficient total energy has been
produced or when airflow is present to speed up the combustion rate.
Heat Transfer
The transfer of heat -is a major factor in fires and has an effect on ignition, growth,
spread, decay (reduction in energy output), and extinction.
Heat transfer- is also responsible for much of the physical evidence used by
investigators in attempting to establish a fire's origin and cause.
It is important to distinguish between heat and temperature.
Temperature is a measure that expresses the degree of molecular activity of a material
compared to a reference point such as the freezing point of water.
Heat is the energy that is needed to maintain or change the temperature of an object.
When heat energy is transferred to an object, the temperature increases. When heat is transferred
away, the temperature decreases.
Heat transfer is accomplished by three mechanisms: conduction, convection, and radiation:
1. Conduction

Conduction- is the form of heat transfer that takes place within solids when one portion of
an object is heated.
Energy is transferred from the heated area to the unheated area at a rate dependent on the
difference in temperature and the physical properties of the material. The properties are
the thermal conductivity (k), the density (p), and the heat capacity (c). The heat capacity
(specific heat) of a material is a measure of the amount of heat necessary to raise its
temperature (Btu/lb/degree of temperature rise).
Generally, conduction heat transfer is considered between two points with the energy
source at a constant temperature. The other point will increase to some steady
temperature lower than that of the source. This condition is known as steady state.
Conduction of heat into a material as it affects its surface temperature is an important aspect
of ignition. Thermal inertia is an important factor in how fast the surface temperature will
rise. The lower the thermal inertia of the material, the faster the surface temperature will
rise.
Conduction is also a mechanism of fire spread. Heat conducted through a metal wall or
along a pipe or metal beam can cause ignition of combustibles in contact with the heated
metals. Conduction through metal fasteners such as nails, nail plates, or bolts can result
in fire spread or structural failure.
2.Convection
Convection- is the transfer of heat energy by the movement of heated liquids or gases
from the source of heat to a cooler part of the environment.
Heat is transferred by convection to a solid when hot gases pass over cooler surfaces. The
rate of heat transfer to the solid is a function of the temperature difference, the surface area
exposed to the hot gas, and the velocity of the hot gas. The higher the velocity of the gas, the
greater the rate of convective transfer.
2. Radiation.
Radiation -is the transfer of heat energy from a hot surface to a cooler surface by
electromagnetic waves without an intervening medium. For example, the heat energy from the
sun is radiated to earth through the vacuum of space.
Radiant energy can be transferred only by line-of-sight and will be reduced or blocked by
intervening materials. Intervening materials do not necessarily block all radiant heat.
For example:
radiant heat is reduced on the order of 50 percent by some glazing materials.
The rate of radiant heat transfer is strongly related to a difference in the fourth power of
the absolute temperature of the radiator and the target. At high temperatures, small increases in
the temperature difference result in a massive increase in the radiant energy transfer.
Ignition.
In order for most materials to be ignited they should be in a gaseous or vapor state. A few
materials may burn directly in a solid state or glowing form of combustion including some forms
of carbon and magnesium.
If the fuel is to reach its ignition temperature, the rate of heat transfer to the fuel should be
greater than the conduction of heat into or through the fuel and the losses due to radiation and
convection.
Example:
A few materials, such as cigarettes, upholstered furniture, sawdust, and cellulosic insulation,
are permeable and readily allow air infiltration. These materials can burn as solid phase
combustion, known as smoldering. This is a flameless form of combustion whose principal heat
source is char oxidation. Smoldering is hazardous, as it produces more toxic compounds than
flaming combustion per unit mass burned, and it provides a chance for flaming combustion from
a heat source too weak to directly produce flame.
Ignition of Solid Fuels

For solid fuels to burn with a flame, the substance should either be melted and vaporized
(like thermoplastics) or be pyrolyzed into gases or vapors (i.e., wood or thermoset plastic). In
both examples, heat must be supplied to the fuel to generate the vapors.

a. High-density materials of the same generic type (woods, plastics) conduct energy away
from the area of the ignition source more rapidly than low-density materials, which act as
insulators and allow the energy to remain at the surface.
In An Introduction to Fire Dynamics, Dougal Drysdale reports two temperatures for wood
to autoignite or spontaneously ignite. These are heating by radiation, 600°C (1112°F), and
heating by conduction, 490°C (914°F).
Ignition of Liquids.
In order for the vapors of a liquid to form an ignitable mixture, the liquid should be at or
above its flash point.
The flash point of a liquid is the lowest temperature at which it gives off sufficient vapor to
support a momentary flame across its surface based on an appropriate ASTM test method.
Ignition of Gases
-Combustible substances in the gaseous state have extremely low mass and require the
least amount of energy for ignition.
CLASSIFICATION OF FIRE AND THE FIRE EXTINGUISHING AGENT:

A.CLASSES OF FIRE
1. Class “ A” Fire
- deep seated fire
- involved solid fire
- leaves ashes and embers
Methods of Extinguishments:
 Use high velocity on approach
 Use solid streams to penetrate mass
 Use solid stream to break materials part
2. Class “ B” Fires
Involved liquid materials such as gas, kerosene, gasoline
Extinguishments:
a. Use dry chemical, cooling
b. Do not use solid stream, it will aggravate and intensify fire
3. Class” C” Fire ( electrical fires). Involved electrical circuit
Causes of electrical circuit:
1. Short circuit
2. Overloaded circuit
3. Overheating
4. Faulty wiring
Methods of extinguishments:
a. De-energized circuit
b. Use dry chemical
c. Use water for
4.Class “ D” fires. Metal fires like magnesium, lithium, zirconium and etc. Methods of
extinguishments: use special kind of extinguisher
5.Class “ F” fires . Spontaneous Combustible materials
6.Class “ K “ fires . All kitchen materials
PHASES OR STAGES AND DEVELPOMENT OF FIRE:

1. Incipient stage- ( growth period)no visible smoke or flame. -the earliest of the four phases of
a fire. During this phase, the products of combustion may be minimal, the changes in the
surrounding atmosphere may be difficult to observe (only some smoke, no detectable flame),
and the amount of heat generated will not significantly affect the surrounding area. The

incipient phase can last a few moments (i.e., ignition of a combustible liquid), hours, or even
days (i.e., the exothermic reaction seen in spontaneous combustion).
2. Smoldering stage- ( decaying period) there is smoke but no flame.
3. Flame stage- ( free burning stage) actual flame starts.
4. Heat stage- there is uncontrolled spread of heat
FIRE HAZARD- is any act or conditions which increases or may cause an increase in the
probability of the occurrence of fire, or may hinder, delay, obstruct or interfere with the
firefighting operations or the safeguarding of life and property.
KINDS OF FIRE HAZARD:

1. Conflagration
2. Personal
3. Special
4. Exposure
5. Target
FIRE CAUSES:
1. Providential / Natural fire- are caused by the act of God, like lighting or volcanoes
eruption.
2. Incendiary fire ( intentional)- are those set on purpose with a motive, legally classified as
Arson as defined in RPC. ,such as by burning a structure for insurance claim or to cover up
another crime.
3. Accidental Fire- are caused by human negligence, carelessness and errors. such as :
smoking in bed. Leaving plugged-in electrical appliances and equipment and using defective
LPG`s and gadgets.
CLASIFICATION OF FIRE EXTINGUISHERS:

1. Dry chemicals ( red)
2. Halon Fire extinguishers( yellow)
3. Carbon Dioxide ( red)
4. Foam ( blue)
5. Pressurize water- plain water with carbon dioxide
THREE(3) COMMON SOLID COMBUSTIBLES

1. WOOD & WOOD BASED PRODUCTS
WOOD- is a very versatile material which is commonly used, when the thermal environment is
conducive to a give reaction, they will char, moulder, ignite and burn.
2. FIBERS AND TEXTILE- almost all textile are combustible since textiles are an intimate
part of daily living and there is high involvement of textiles in fire.
3. PLASTIC or PYROXYLIN- any plastic substance, materials or compound having a
cellulose nitrate as base are classified as ordinary combustible . Cellulose nitrate is a highly
combustible & explosive compound produced by reaction nitric acid with cellulose material.
PHASES OF FIRE OPERATION:

1. Pre fire planning- preparing to formulate fire ground strategy.
2. Sizing –up- estimate the situation
3. Rescue- removal of the victim from endangered and bringing them to a place of safety.
4. Cover exposure- to prevent the fire from extending to other involved building
5. Confinement- to prevent the fire from extending to other uninvolved portion of burning
building
6. Ventilation – to displace smoke and hot gases
7. Extinguishments – to put out the main body of the fire.
8. Salvage- to protect properties of value from preventable damages due to other sources, like
water.
9. Overhauling- to prevent the fire from re kindling

10. Post fire analysis.
CLASSIFICATION OF OCCUPANCY:
1. MERCANTILE- occupancies includes stores, markets and other rooms, buildings or
structures for the display or sale of merchandise.
2. Institutional – used or purposes such as treatment or care of person suffering from physical or
mental illness such as hospital, nursing homes and home for the aged.
3. Storage- this includes warehouses, terminals, hangars, parking garages
4. Public assembly- places of assembly include but are not limited to all buildings for gathering
50 or more persons, worship places, entertainment, theaters, gym, restaurants.
5. Business office- used for the transaction of business
6. Educational
7. Industrial
8. Residential – a residential is one in which, sleeping and or sleeping accommodation are
provided for residential purposes except those classified under institutional occupancies.
9. Mixed occupancies
10. Miscellaneous
ARSON LAWS
- Art. 320-326, Act 3815 ( Revised Penal Code) - 1932
- R.A 5467 ( amending the law of arson0 - 1969
- PD 1613 - 1979
- PD 1744 - 1980
- R.A 7659 ( An act imposing death penalty on a Certain heinous crimes, amending for the
purpose The RPC Art 320 amended and other penal laws--1993
New FIRE CODE OF THE PHILIPPINES R.A 9514 amended 2008( from P.D.1184)
KINDS OF ARSON:
1. Plain Arson as defined under Sec. 1 , PD 1613
2. Destructive Arson
3. Other cases or forms of Arson defined under Sec. 3 , PD 1613
Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished
by Prision Mayor.
1. The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property
5. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public
or private market, theater or movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall
be imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall
be imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three
(3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute
prima facie evidence of arson:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building
note necessary in the business of the offender nor for household us.
3. 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, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time
of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in a building
or property had been withdrawn from the premises except in the ordinary course of
business.
6. If a demand for money or other valuable consideration was made before the fire in exchange
for the desistance of the offender or for the safety of the person or property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by
Prision Mayor in its minimum period.
Section 8. Confiscation of Object of Arson. The building which is the object of arson including
the land on which it is situated shall be confiscated and escheated to the State, unless the
owner thereof can prove that he has no participation in nor knowledge of such arson despite
the exercise of due diligence on his part.
Types of Fire setters or Arsonist:

a. Arson for Profit Fire setting
b. Solitary Fire setting- is define as those who sets fire in a secret manner. They set fire for
revenge, spite or hatred. Sets by “ pyromaniacs”.
c. Group Fire setting – are those fires that are normally set by groups or individuals in the
presence of peers.
FIRE INVESTIGATION
- Is a process of determining the origin, cause, nature and or development of fire. And fire
investigation should be done through fire scene reconstruction.
FIRE SCENE RECONSTRUCTION- is the process or recreating the physical scene during the
fire scene analysis through the removal of debris and the replacement of contents or
structural elements in their pre-fire positions.
FIRE SPREAD- is the movement of fire from one place to another upon availability of fuel.
ORIGIN- is the specific place where the fire initially started.
AREA OF ORIGIN- the room or are where the fire began or begin.

POINT OF ORIGIN- is the exact physical location where a heat source and a fuel come in
contact with each other, thus fire begins or starts.
CAUSE- is the initial source of heat ( or so called ignition source).
In the fire cause determination, the cause of the fire is a combination of the following
factors:
1. Form of heat of ignition
2. Source of heat of ignition
3. The first fuel ignited
4. Human act or omission
NATURE- is the manner and circumstances how the fire started or occurred.
1. OBSERVATION BEFORE ARRIVAL. Observation is very important in the fire scene; the
investigator should have in mind that time, and week is a significant factor I establishing the
evidence of fire. The investigation process shall answer the 5 “W” and 1 “H’ like for
instance:
1. How is the weather?
2. What kind of environment, is there a traffic congestion before arrival?
3. What happen during the first alarm?
4. Who informed that there is a fire?
5. Who are the people who possibly involved in the said fire?
2. OBSERVATION UPON ARRIVAL. Upon arrival, the fireman should observe the
surroundings, the people who are in the scene, their immediate reaction. The characteristics
of persons, or vehicles leaving and if there are obstructions of hydrants, streets or driveways.
3. OBSERVATION OF THE SMOKE. Smoke is very important to observe because the color
of smoke will greatly help the investigator, taken into consideration the following:
 Heavy brown smoke- with red flames ( nitrogen products)
 Greenish Yellow flames – chlorine or other chemical like manganese
 Black smoke that indicates changes in fire usually traces that there is back draft.
 White smoke with bright white flames- magnesium
INVESTIGATING THE POINT OF ORIGIN

1. INTERVIEWING- is in most cases, the initial steps for obtaining information to determine
the origin and cause of fire. Significant data as to whether or not there were odors, colors of
smoke, color of flames., rapidity of fire, other witnesses, they can be aid in determining the
point of origin.
2. LOW POINT OF BURNING- the lowest point of burning should be given first
consideration when looking for a point of origin, the behavior of fire should be recorded, the
single most significant fact that assist the investigator is that fire will normally burn upward
as the “V” type.
3. CHARRING- will help to solve the mystery , The fact that fire feeds on combustible
while propagating itself indicates that the char will generally be deepest from where the fire
originated.
SEARCHING THE FIRE SCENE

The search is conducted in the area of fire or crime scene to uncover any physical evidence.
Which will:
1. Determine the facts of fire
2. Identify the criminal or persons responsibility
3. Aid in the arrest and conviction of such persons responsible.
SEVERAL METHODS FOR THE CONDUCT OF SEARCH ARE DESCRIBE :

a. Point to point search – the firemen enters the fire scene from the point of entrance and
goes to the first apparent of items of evidence after visually observing the item then moves
to the next closest item. This process is repeated until the room or the area has been
systematically and carefully scrutinized.

b. Sector search- the search is subdivided into areas, a building into rooms or floor.
c. Concentric circle search- tactics call for searching the central area first.
FIRE AND ARSON INVESTIGATION
Law and jurisdiction

The law on Arson in the Philippines is covered by Article 320 to 326 of the RPC, as
amended by PD No. 1613, and Republic Act 6975 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 who has jurisdiction over the cases.
1. ARSON – defined as the malicious destruction of property by fire.
Elements of fire:
a. Actual burning
b. Actual burning is done with malicious intent
c. The actual burning is done by person legally and criminally liable.
Forms of Arson:
a. Attempted arson - When a person had poured gasoline under the house of another and
was about to strike a match to set the house on fire.
b. Frustrated arson -The fact of having set fire to some rags and jute sacks and
consummated arson soaked in kerosene oil, and placing them near the wooden partition
of the house .
c. Consummated arson -It is necessary that the property is totally destroyed by fire.
d. Destructive arson
e. Arson by classification of penalty
f. Arson of property of small value
g. Arson and crimes involving destruction
Elements:
1. That the offender causes destruction of property
2. That the destruction is by means of:
a. Explosion
b. Discharge of electric current
h. Burning one`s own property as means to commit arson
i. Arson by concealing other crime‟
j. Death resulted as a consequence of arson..
MOTIVES OF ARSON
A. Fraud
B. Insurance fraud- A person may commit arson as a way to collect insurance compensation
from the valuable insured property they lost in the fire.
C. Spited- revenge
D. Cover-up a crime. Hide evidence of another crime
-Fire can destroy much of the evidence associated with another crime.
E. Vandalism- riots Vandalism. Sometimes a vandal might set a property on fire without the
express purpose of burning a building.
F. Pyromania. Mental Illness. Some people with untreated mental illnesses might set fires as
part of their condition.
Types of pyromania:
a. Sexual excitement
b. Sexual defense
c. Sexual substitute
G. Juvenile Delinquency
H. Malice - The person may set the fire as an attack or an act of revenge against another person,
sometimes with the intent to seriously harm or kill the other person.
I. Entertainment - Some criminals get a thrill out of setting fire to another person's property.
THE FIREMAN`S RESPONSIBILTY

1. At Alarm Call:
Necessary information that will be of advantages in pursuing the investigation:
 Date and time
 How transmitted and by whom
 Delay in the transmission or any unusual circumstances.
2. Response:
 Company responding
 Officers in-charge
 Observation in route to the fire
 Time of arrival at the scene
 Condition of hydrants, standpipes
3. At Scene;
 Observation of exterior or building and surrounding
 Observation of spectators
 Methods of entry, forced, doors- windows locked or unlocked
 Occupants, manner of dress, attitude
 Description of fire, area of involvement
 Extinguishment, problems encountered observation during overhauling operations
 Conditions found in building
OBSERVATION, CONDITION OF ALL WINDOWS AND DOORS
1. Determination of the cause of the fire:

a. Elimination of accidents or natural cause
b. Evidence of incendiary origin, inflammable liquids, trails, separate non-
communicating fires.
c. If in doubt call for specialists before making any announcement or releasing scene.
2. Collection, identification, preservation of evidence
a. Photograph
b. Tag or mark for identification, date, time address and location found, description of
item , name of person securing evidence
c. Transmission to laboratory
-should be done as quickly as possible
- avoid contamination of evidence
- submit report to laboratory, describe evidence and what you expect of the lab.
- Secure receipt for evidence from laboratory
d. securing scene- firemen may control scene until arrival of investigator:

a. protect scene with manpower and firefighting equipment.
b. Keep out any unauthorized persons, news media, spectators
c. statements of remarks of spectators, owners/ occupants of involved property,
neighbors.
REFERENCES:
 MARCELO L. MONTANIO, HARRY C. LORENZO & DIOSDADO A. AMANTE (

2010), Module in Fire Technology and Arson Investigation, Manila, Philippines,
Mindshapers Co., Inc.
 LEO BUSTRIA, Fire Behavior and Arson Investigation 1st Edition (2006), Quezon City,
Philippines; Wiseman‟s Books Trading.

 JUAN L. AGAS & RICARDO M. GUEVARA (2008), Criminology Glossary, Quezon City,
Philippines, Wiseman‟s Books Trading Inc.

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CSC-Antipolo City Pride/What Criminologist Knows?

What Criminologist Knows?

1 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

WHAT CRIMINOLOGIST KNOWS?

Criminal Investigation Defined

2 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

PURPOSE OF CRIMINAL INVESTIGATION

3 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

- Summon assistance, if necessary;

PURPOSE OF CRIMINAL INVESTIGATION

TOOLS OF CRIMINAL INVESTIGATION

PHASES OF CRIMINAL INVESTIGATION

What do you understand by the voluntariness of the confession?

4 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

1. The statement obtained by urging or request was a spontaneous or self-induced utterance of

When may circumstantial evidence be sufficient to produce conviction?

Terms Encountered in Investigation:

Distinguish Motive from Intent

5 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

The Dying Declaration

CRIME SCENE SKETCH

Crime Scene Sketch

6 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

C. Exploded view or cross-projection sketch - consists of a combination of the first two

Three (3) Tools or I’s in Criminal Investigation

Differentiate Interrogation from Interview

3. Instrumentation - the application of instruments and methods of physical science to the

STAGES OF AN INTERVIEW BY AN INVESTIGATOR:

7 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

DIFFERENT TYPE OF SUBJECTS:

THE TECHNIQUES OF INTERRROGATION:

8 | P a g e CRIME DETECTION AND INVESTIGATION/Charlemagne James P. Ramos R.C.,

4) FEIGNING PROTECTION AND CONSIDERATION

ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

PHYISCAL SIGNS OF DECEPTIONS

SURVEILLANCE AND UNDERCOVER OPERATIONS:

THE KINDS OF SURVEILLANCE

THE PURPOSE OF SURVEILLANCE:

OTHER TYPES OF SURVEILLANCE:

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1. Fixed Surveillance- watching a house or building

SHADOWING or TAILING- It is the act of shadowing, tailing or following a person or

PURPOSE OF FOOT SURVEILLANCE:

THE METHODS OF FOOT SURVEILLANCE:

TACTICS AND TECHNIQUES OF SHADOWING

COMMON TRICKS OF SUBJECT:

UNDERCOVER OPERATION -Defined it is a police operation wherein the investigator

PURPOSE OF UNDERCOVER OPERATION:

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g. Basis for a successful raid

MEANS OF CONTACT WITH HEADQUARTERS

METHOD OF TRACING AND LOCATING CRIMINAL

THE INVESTIGATIVE PROCESS

IN SUMMING UP, THE FOLLOWING TASKS WILL BE A GOOD GUIDE FOR

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6.INTERVIEW – a simple inquiry/ conversation type elicitation of information(s) from a

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What Criminologist Knows?

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WHAT CRIMINOLOGIST KNOWS?

Duty of Criminal Investigator

1. Establish that, in fact, a crime was committed under the law.